ATTACHMENT A STATEMENT OF FACTS Huawei Technologies Co., Ltd. (“Huawei”) has been charged with a total of 16 counts in the U.S. District Court in the Eastern District of New York (“EDNY”), and two Huawei subsidiaries have been charged with nine counts in the U.S. District Court for the Western District of Washington. See United States v. Huawei Technologies Co., Ltd., et al., 18-CR-457 (E.D.N.Y.), Dkt. No. 126 (the “EDNY Indictment”). Meng Wanzhou, Huawei’s Chief Financial Officer, has also been charged in four of the counts in the EDNY Indictment. Ms. Meng and the U.S. Department of Justice—the Criminal Division’s Money Laundering and Asset Recovery Section, the National Security Division’s Counterintelligence and Export Control Section, and the U.S. Attorney’s Office for the Eastern District of New York (the “ Government”)—have agreed to enter into a Deferred Prosecution Agreement (the “Agreement”) in connection with the EDNY Indictment. The following Statement of Facts is incorporated by reference as part of theAgreement between Ms. Meng and the Government. * * * Huawei is a Chinese company headquartered in Shenzhen, Guangdong, and a leading global provider of information and communications technology. Huawei, including its corporate subsidiaries and affiliates, employs more than 197,000 people and operates in over 170 countries and regions. Ms. Meng is a Chinese citizen and the daughter of Huawei’s founder, Ren Zhengfei, and since 2010 has served as Huawei’s Chief Financial Officer. Ms. Meng also serves as Deputy Chairwoman of Huawei’s Board of Directors. Skycom Tech. Co. Ltd. (“Skycom”) was a Hong Kong company that primarily operated in Iran. As of February 2007, Skycom was wholly owned by Huawei subsidiary Hua Ying Management (“Hua Ying”). In November 2007, Hua Ying transferred its shares of Skycom to another entity that Huawei controlled, Canicula Holdings (“Canicula”). At the time Hua Ying transferred its Skycom shares to Canicula, Ms. Meng was the Secretary of Hua Ying. In February 2008, after Huawei transferred ownership of Skycom from Hua Ying to Canicula, Ms. Meng joined Skycom’s Board of Directors, which was comprised of Huawei employees. She served on the Board until April 2009. After Ms. Meng departed from Skycom’s Board, Skycom’s Board members continued to be Huawei employees, Canicula continued to own Skycom, and Canicula continued to be controlled by Huawei. As of August 2012, Huawei included Skycom among a list of “other Huawei subsidiaries” in Huawei corporate documents written in English.1 Between 2010 and 2014 (the “Relevant Time Period”), Huawei controlled Skycom’s business operations in Iran, and Skycom was owned by an entity controlled by Huawei. All 1 Skycom ceased to exist no later than 2017.2 significant Skycom business decisions were made by Huawei. Moreover, Skycom ’s country manager—the head of the business—was a Huawei employee. Individuals employed by Skycom believed they worked for Huawei. Indeed, Skycom employees used email addresses with the domain “huawei.com.” During the Relevant Time Period, Huawei employees engaged with a U.K. staffing company to provide engineers in Iran to support Skycom’s work with Iranian telecommunications service providers. Negotiations and contracting on behalf of Skycom were conducted by Huawei employees. To pay for these contractors, Huawei sent at least $7.5 million to the U.K. staffing company in a series of approximately 80 payments from Skycom’s bank accounts in Asia, including at a multinational financial institution (“ Financial Institution 1”), to the U.K. staffing company’s account in the United Kingdom. The transactions were denominated in U.S. dollars and cleared through the United States. In December 2012 and January 2013, various news organizations, including Reuters, reported that Skycom offered to sell “embargoed” equipment from a U.S. computer equipment manufacturer in Iran in potential violation of U.S. export controls law, and that Huawei had close ties with Skycom. In a statement to Reuters published in a December 2012 article, Huawei claimed that Skycom was one of its “major local partners” in Iran. Reuters reported that Huawei had further stated that “Huawei’s business in Iran is in full compliance with all applicable laws and regulations including those of the U.N., U.S. and E.U. This commitment has been carried out and followed strictly by our company. Further, we also require our partners to follow the same commitment and strictly abide by the relevant laws and regulations.” In January 2013, a subsequent Reuters article reported that Ms. Meng had served on the Board of Directors of Skycom between February 2008 and April 2009 and identified other connections between Skycom directors and Huawei. The article also quoted a statement from Huawei that: “The relationship between Huawei and Skycom is a normal business partnership. Huawei has established a trade compliance system which is in line with industry best practices and our business in Iran is in full compliance with all applicable laws and regulations including those of the UN. We also require our partners, such as Skycom, to make the same commitments.” This statement was incorrect, as Huawei operated and controlled Skycom; Skycom was therefore not Huawei’s business “partner.” After these articles were published, Financial Institution 1 and other global financial institutions that provided international banking services to Huawei ( collectively, the “Financial Institutions”), including U.S. dollar-clearing, made inquiries to Huawei in response to the abovedescribed press reports. In early 2013, Huawei employees represented to the Financial Institutions that Skycom was just a local business partner of Huawei in Iran and that Skycom had not conducted Iran-related transactions using its accounts at the Financial Institutions. To address the allegations in the news reports, Huawei requested an in- person meeting with a senior Financial Institution 1 employee. That meeting occurred on August 22, 2013 (the “August Meeting”), at which time Ms. Meng met in Hong Kong with an executive of Financial Institution 1 responsible for operations in the Asia Pacific region. During the meeting, Ms. Meng delivered a PowerPoint presentation written in Chinese, which was translated by an3 interpreter into English. Ms. Meng stated that she was using an interpreter to be precise in her language. In her presentation, Ms. Meng stated, among other things, that Huawei’s relationship with Skycom was “normal business cooperation” and “normal and controllable business cooperation,” and she described Skycom as a “partner,” a “business partner of Huawei,” and a “third party Huawei works with” in Iran. Those statements were untrue because, as Ms. Meng knew, Skycom was not a business partner of, or a third party working with, Huawei; instead, Huawei controlled Skycom, and Skycom employees were really Huawei employees. It would have been material to Financial Institution 1 to know that Huawei controlled Skycom. In addition, Ms. Meng stated that Huawei “was once a shareholder of Skycom” but had “sold all its shares in Skycom.” Those statements were untrue, because, as Ms. Meng knew, Huawei had “sold” its shares to an entity that Huawei controlled. Specifically, Huawei transferred Skycom shares from a Huawei subsidiary (Hua Ying) to another entity that was controlled by Huawei ( Canicula). It would have been material to Financial Institution 1 to know that Skycom was transferred from one Huaweicontrolled entity to another. Finally, Ms. Meng stated that Huawei “operates in Iran in strict compliance with applicable laws, regulations and sanctions” and that “ there has been no violation of export control regulations” by “Huawei or any third party Huawei works with.” These statements were untrue because Huawei’s operation of Skycom, which caused the Financial Institutions to provide prohibited services, including banking services, for Huawei’s Iran-based business while Huawei concealed Skycom’s link to Huawei, was in violation of the U.S. Department of the Treasury’s Office of Foreign Assets Control’s Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560. Moreover, during the Relevant Time Period, Huawei caused Skycom to conduct approximately $100 million worth of U.S.-dollar transactions through Financial Institution 1 that cleared through the United States, at least some of which supported its work in Iran in violation of U.S. law, including $7.5 million for Iran-based contractors from the U.K. staffing company to do work in Iran. At no point during or after the August Meeting did Ms. Meng, who was aware of Huawei’s public statements about Skycom published by Reuters, retract or amend any of those statements. Moreover, Huawei’s Treasurer, who also attended the August Meeting, did not correct or amend any of the statements made by Ms. Meng. During the Relevant Time Period, Ms. Meng possessed a computer file that contained “Suggested Talking Points” about Huawei’s relationship with Skycom that closely tracked the untrue statements made during the meeting in Hong Kong. Specifically, that file contained the following text, written in Chinese: “The core of the suggested talking points regarding Iran/Skycom: Huawei’s operation in Iran comports with the laws, regulations and sanctions as required by the United Nations, the United States and the European Union. The relationship with Skycom is that of normal business cooperation. Through regulated trade organizations and procedures, Huawei requires that Skycom promises to abide by relevant laws and regulations and export controls. Key information 1: In the past — ceased to hold Skycom shares 1, With regards to cooperation: Skycom was established in 1998 and is one of the agents for Huawei products and services. Skycom is mainly an agent for Huawei.” Shortly after the August Meeting, Huawei prepared an English version of the PowerPoint presentation at Financial Institution 1’s request. Ms. Meng later arranged for a4 paper copy of that PowerPoint presentation to be delivered to the Financial Institution 1 executive in September 2013. The representations in the English version of the PowerPoint presentation closely tracked the ones Ms. Meng gave during the in-person August Meeting. After the August Meeting, and subsequent receipt of the PowerPoint presentation, Financial Institution 1 decided to continue its relationship with Huawei. The other Financial Institutions similarly continued their respective relationships with Huawei.
【 在 wsn01 (巫师宁) 的大作中提到: 】 : 下面就是孟承认的内容 : : ATTACHMENT A : STATEMENT OF FACTS : Huawei Technologies Co., Ltd. (“Huawei”) has been charged with a total of : 16 counts in : the U.S. District Court in the Eastern District of New York (“EDNY”), and : two Huawei : subsidiaries have been charged with nine counts in the U.S. District Court : for the Western : District of Washington. See United States v. Huawei Technologies Co., Ltd., : et al., 18-CR-457 : (E.D.N.Y.), Dkt. No. 126 (the “EDNY Indictment”). Meng Wanzhou, Huawei’s : Chief Financial : Officer, has also been charged in four of the counts in the EDNY Indictment. : Ms. Meng and the : U.S. Department of Justice—the Criminal Division’s Money Laundering and : Asset Recovery : Section, the National Security Division’s Counterintelligence and Export : Control Section, and : the U.S. Attorney’s Office for the Eastern District of New York (the “ : Government”)—have : agreed to enter into a Deferred Prosecution Agreement (the “Agreement”) in : connection with : the EDNY Indictment. : The following Statement of Facts is incorporated by reference as part of the : Agreement between Ms. Meng and the Government. : * * * : Huawei is a Chinese company headquartered in Shenzhen, Guangdong, and a : leading : global provider of information and communications technology. Huawei, : including its corporate : subsidiaries and affiliates, employs more than 197,000 people and operates : in over 170 countries : and regions. : Ms. Meng is a Chinese citizen and the daughter of Huawei’s founder, Ren : Zhengfei, and : since 2010 has served as Huawei’s Chief Financial Officer. Ms. Meng also : serves as Deputy : Chairwoman of Huawei’s Board of Directors. : Skycom Tech. Co. Ltd. (“Skycom”) was a Hong Kong company that primarily : operated : in Iran. As of February 2007, Skycom was wholly owned by Huawei subsidiary : Hua Ying : Management (“Hua Ying”). In November 2007, Hua Ying transferred its shares : of Skycom to : another entity that Huawei controlled, Canicula Holdings (“Canicula”). At : the time Hua Ying : transferred its Skycom shares to Canicula, Ms. Meng was the Secretary of Hua : Ying. : In February 2008, after Huawei transferred ownership of Skycom from Hua Ying : to : Canicula, Ms. Meng joined Skycom’s Board of Directors, which was comprised : of Huawei : employees. She served on the Board until April 2009. After Ms. Meng departed : from Skycom’s : Board, Skycom’s Board members continued to be Huawei employees, Canicula : continued to : own Skycom, and Canicula continued to be controlled by Huawei. As of August : 2012, Huawei : included Skycom among a list of “other Huawei subsidiaries” in Huawei : corporate documents : written in English.1 : Between 2010 and 2014 (the “Relevant Time Period”), Huawei controlled : Skycom’s : business operations in Iran, and Skycom was owned by an entity controlled by : Huawei. All : 1 Skycom ceased to exist no later than 2017.2 : significant Skycom business decisions were made by Huawei. Moreover, Skycom : ’s country : manager—the head of the business—was a Huawei employee. Individuals : employed by Skycom : believed they worked for Huawei. Indeed, Skycom employees used email : addresses with the : domain “huawei.com.” : During the Relevant Time Period, Huawei employees engaged with a U.K. : staffing : company to provide engineers in Iran to support Skycom’s work with Iranian : telecommunications service providers. Negotiations and contracting on behalf : of Skycom were : conducted by Huawei employees. To pay for these contractors, Huawei sent at : least $7.5 million : to the U.K. staffing company in a series of approximately 80 payments from : Skycom’s bank : accounts in Asia, including at a multinational financial institution (“ : Financial Institution 1”), to : the U.K. staffing company’s account in the United Kingdom. The transactions : were denominated : in U.S. dollars and cleared through the United States. : In December 2012 and January 2013, various news organizations, including : Reuters, : reported that Skycom offered to sell “embargoed” equipment from a U.S. : computer equipment : manufacturer in Iran in potential violation of U.S. export controls law, and : that Huawei had close : ties with Skycom. In a statement to Reuters published in a December 2012 : article, Huawei : claimed that Skycom was one of its “major local partners” in Iran. Reuters : reported that Huawei : had further stated that “Huawei’s business in Iran is in full compliance : with all applicable laws : and regulations including those of the U.N., U.S. and E.U. This commitment : has been carried out : and followed strictly by our company. Further, we also require our partners : to follow the same : commitment and strictly abide by the relevant laws and regulations.” : In January 2013, a subsequent Reuters article reported that Ms. Meng had : served on the : Board of Directors of Skycom between February 2008 and April 2009 and : identified other : connections between Skycom directors and Huawei. The article also quoted a : statement from : Huawei that: “The relationship between Huawei and Skycom is a normal : business partnership. : Huawei has established a trade compliance system which is in line with : industry best practices : and our business in Iran is in full compliance with all applicable laws and : regulations including : those of the UN. We also require our partners, such as Skycom, to make the : same : commitments.” This statement was incorrect, as Huawei operated and : controlled Skycom; : Skycom was therefore not Huawei’s business “partner.” : After these articles were published, Financial Institution 1 and other : global financial : institutions that provided international banking services to Huawei ( : collectively, the “Financial : Institutions”), including U.S. dollar-clearing, made inquiries to Huawei in : response to the abovedescribed press reports. In early 2013, Huawei : employees represented to the Financial : Institutions that Skycom was just a local business partner of Huawei in Iran : and that Skycom had : not conducted Iran-related transactions using its accounts at the Financial : Institutions. : To address the allegations in the news reports, Huawei requested an in- : person meeting : with a senior Financial Institution 1 employee. That meeting occurred on : August 22, 2013 (the : “August Meeting”), at which time Ms. Meng met in Hong Kong with an : executive of Financial : Institution 1 responsible for operations in the Asia Pacific region. During : the meeting, Ms. : Meng delivered a PowerPoint presentation written in Chinese, which was : translated by an3 : interpreter into English. Ms. Meng stated that she was using an interpreter : to be precise in her : language. : In her presentation, Ms. Meng stated, among other things, that Huawei’s : relationship with : Skycom was “normal business cooperation” and “normal and controllable : business cooperation,” : and she described Skycom as a “partner,” a “business partner of Huawei,” : and a “third party : Huawei works with” in Iran. Those statements were untrue because, as Ms. : Meng knew, Skycom : was not a business partner of, or a third party working with, Huawei; : instead, Huawei controlled : Skycom, and Skycom employees were really Huawei employees. It would have : been material to : Financial Institution 1 to know that Huawei controlled Skycom. In addition, : Ms. Meng stated that : Huawei “was once a shareholder of Skycom” but had “sold all its shares in : Skycom.” Those : statements were untrue, because, as Ms. Meng knew, Huawei had “sold” its : shares to an entity : that Huawei controlled. Specifically, Huawei transferred Skycom shares from : a Huawei : subsidiary (Hua Ying) to another entity that was controlled by Huawei ( : Canicula). It would have : been material to Financial Institution 1 to know that Skycom was transferred : from one Huaweicontrolled entity to another. Finally, Ms. Meng stated that : Huawei “operates in Iran in strict : compliance with applicable laws, regulations and sanctions” and that “ : there has been no violation : of export control regulations” by “Huawei or any third party Huawei works : with.” These : statements were untrue because Huawei’s operation of Skycom, which caused : the Financial : Institutions to provide prohibited services, including banking services, for : Huawei’s Iran-based : business while Huawei concealed Skycom’s link to Huawei, was in violation : of the U.S. : Department of the Treasury’s Office of Foreign Assets Control’s Iranian : Transactions and : Sanctions Regulations, 31 C.F.R. Part 560. Moreover, during the Relevant : Time Period, Huawei : caused Skycom to conduct approximately $100 million worth of U.S.-dollar : transactions through : Financial Institution 1 that cleared through the United States, at least : some of which supported its : work in Iran in violation of U.S. law, including $7.5 million for Iran- based : contractors from the : U.K. staffing company to do work in Iran. : At no point during or after the August Meeting did Ms. Meng, who was aware : of : Huawei’s public statements about Skycom published by Reuters, retract or : amend any of those : statements. Moreover, Huawei’s Treasurer, who also attended the August : Meeting, did not : correct or amend any of the statements made by Ms. Meng. : During the Relevant Time Period, Ms. Meng possessed a computer file that : contained : “Suggested Talking Points” about Huawei’s relationship with Skycom that : closely tracked the : untrue statements made during the meeting in Hong Kong. Specifically, that : file contained the : following text, written in Chinese: “The core of the suggested talking : points regarding : Iran/Skycom: Huawei’s operation in Iran comports with the laws, regulations : and sanctions as : required by the United Nations, the United States and the European Union. : The relationship : with Skycom is that of normal business cooperation. Through regulated trade : organizations : and procedures, Huawei requires that Skycom promises to abide by relevant : laws and : regulations and export controls. Key information 1: In the past — ceased to : hold Skycom : shares 1, With regards to cooperation: Skycom was established in 1998 and is : one of the : agents for Huawei products and services. Skycom is mainly an agent for : Huawei.” : Shortly after the August Meeting, Huawei prepared an English version of the : PowerPoint presentation at Financial Institution 1’s request. Ms. Meng : later arranged for a4 : paper copy of that PowerPoint presentation to be delivered to the Financial : Institution 1 : executive in September 2013. The representations in the English version of : the PowerPoint : presentation closely tracked the ones Ms. Meng gave during the in-person : August Meeting. : After the August Meeting, and subsequent receipt of the PowerPoint : presentation, : Financial Institution 1 decided to continue its relationship with Huawei. : The other Financial : Institutions similarly continued their respective relationships with Huawei.
Ms. Meng stated that Huawei “was once a shareholder of Skycom” but had “ sold all its shares in Skycom.” Those statements were untrue Ms. Meng stated that Huawei “operates in Iran in strict compliance with applicable laws, regulations and sanctions” and that “there has been no violation of export control regulations” by “Huawei or any third party Huawei works with.” These statements were untrue。 孟 stated 的内容部分都是对汇丰说的，现在孟晚舟承认以上陈述UNTRUE，算不算欺骗就见仁见智了。不过美国明显不关心是不是欺骗，美国要的是前面那部分内容，就是孟晚舟以华为CFO和SKYCOM BOARD OF DIRECTOR的身份承认华为通过SKYCOM向伊朗出口。 【 在 wsn01 (巫师宁) 的大作中提到: 】 : 下面就是孟承认的内容 : ATTACHMENT A : STATEMENT OF FACTS : Huawei Technologies Co., Ltd. (“Huawei”) has been charged with a total of : 16 counts in : the U.S. District Court in the Eastern District of New York (“EDNY”), and : two Huawei : subsidiaries have been charged with nine counts in the U.S. District Court : for the Western : District of Washington. See United States v. Huawei Technologies Co., Ltd., : ...................
【 在 sungo (sungo) 的大作中提到: 】 : Ms. Meng stated that Huawei “was once a shareholder of Skycom” but had “ : sold all its shares in Skycom.” Those statements were untrue : Ms. Meng stated that Huawei “operates in Iran in strict compliance with : applicable laws, regulations and sanctions” and that “there has been no : violation of export control regulations” by “Huawei or any third party : Huawei : works with.” These statements were untrue。 : 孟 stated 的内容部分都是对汇丰说的，现在孟晚舟承认以上陈述UNTRUE，算不算欺骗 : 就见仁见智了。不过美国明显不关心是不是欺骗，美国要的是前面那部分内容，就是孟 : 晚舟以华为CFO和SKYCOM BOARD OF DIRECTOR的身份承认华为通过SKYCOM向伊朗出口。 : ...................
下面就是孟承认的内容
ATTACHMENT A
STATEMENT OF FACTS
Huawei Technologies Co., Ltd. (“Huawei”) has been charged with a total of 16 counts in
the U.S. District Court in the Eastern District of New York (“EDNY”), and two Huawei
subsidiaries have been charged with nine counts in the U.S. District Court
for the Western
District of Washington. See United States v. Huawei Technologies Co., Ltd., et al., 18-CR-457
(E.D.N.Y.), Dkt. No. 126 (the “EDNY Indictment”). Meng Wanzhou, Huawei’s Chief Financial
Officer, has also been charged in four of the counts in the EDNY Indictment. Ms. Meng and the
U.S. Department of Justice—the Criminal Division’s Money Laundering and
Asset Recovery
Section, the National Security Division’s Counterintelligence and Export
Control Section, and
the U.S. Attorney’s Office for the Eastern District of New York (the “
Government”)—have
agreed to enter into a Deferred Prosecution Agreement (the “Agreement”) in connection with
the EDNY Indictment.
The following Statement of Facts is incorporated by reference as part of theAgreement between Ms. Meng and the Government.
* * *
Huawei is a Chinese company headquartered in Shenzhen, Guangdong, and a
leading
global provider of information and communications technology. Huawei,
including its corporate
subsidiaries and affiliates, employs more than 197,000 people and operates
in over 170 countries
and regions.
Ms. Meng is a Chinese citizen and the daughter of Huawei’s founder, Ren
Zhengfei, and
since 2010 has served as Huawei’s Chief Financial Officer. Ms. Meng also
serves as Deputy
Chairwoman of Huawei’s Board of Directors.
Skycom Tech. Co. Ltd. (“Skycom”) was a Hong Kong company that primarily
operated
in Iran. As of February 2007, Skycom was wholly owned by Huawei subsidiary
Hua Ying
Management (“Hua Ying”). In November 2007, Hua Ying transferred its shares of Skycom to
another entity that Huawei controlled, Canicula Holdings (“Canicula”). At the time Hua Ying
transferred its Skycom shares to Canicula, Ms. Meng was the Secretary of Hua Ying.
In February 2008, after Huawei transferred ownership of Skycom from Hua Ying to
Canicula, Ms. Meng joined Skycom’s Board of Directors, which was comprised of Huawei
employees. She served on the Board until April 2009. After Ms. Meng departed from Skycom’s
Board, Skycom’s Board members continued to be Huawei employees, Canicula
continued to
own Skycom, and Canicula continued to be controlled by Huawei. As of August 2012, Huawei
included Skycom among a list of “other Huawei subsidiaries” in Huawei
corporate documents
written in English.1
Between 2010 and 2014 (the “Relevant Time Period”), Huawei controlled
Skycom’s
business operations in Iran, and Skycom was owned by an entity controlled by Huawei. All
1 Skycom ceased to exist no later than 2017.2
significant Skycom business decisions were made by Huawei. Moreover, Skycom
’s country
manager—the head of the business—was a Huawei employee. Individuals
employed by Skycom
believed they worked for Huawei. Indeed, Skycom employees used email
addresses with the
domain “huawei.com.”
During the Relevant Time Period, Huawei employees engaged with a U.K.
staffing
company to provide engineers in Iran to support Skycom’s work with Iranian
telecommunications service providers. Negotiations and contracting on behalf of Skycom were
conducted by Huawei employees. To pay for these contractors, Huawei sent at least $7.5 million
to the U.K. staffing company in a series of approximately 80 payments from
Skycom’s bank
accounts in Asia, including at a multinational financial institution (“
Financial Institution 1”), to
the U.K. staffing company’s account in the United Kingdom. The transactions were denominated
in U.S. dollars and cleared through the United States.
In December 2012 and January 2013, various news organizations, including
Reuters,
reported that Skycom offered to sell “embargoed” equipment from a U.S.
computer equipment
manufacturer in Iran in potential violation of U.S. export controls law, and that Huawei had close
ties with Skycom. In a statement to Reuters published in a December 2012
article, Huawei
claimed that Skycom was one of its “major local partners” in Iran. Reuters reported that Huawei
had further stated that “Huawei’s business in Iran is in full compliance
with all applicable laws
and regulations including those of the U.N., U.S. and E.U. This commitment
has been carried out
and followed strictly by our company. Further, we also require our partners to follow the same
commitment and strictly abide by the relevant laws and regulations.”
In January 2013, a subsequent Reuters article reported that Ms. Meng had
served on the
Board of Directors of Skycom between February 2008 and April 2009 and
identified other
connections between Skycom directors and Huawei. The article also quoted a
statement from
Huawei that: “The relationship between Huawei and Skycom is a normal
business partnership.
Huawei has established a trade compliance system which is in line with
industry best practices
and our business in Iran is in full compliance with all applicable laws and regulations including
those of the UN. We also require our partners, such as Skycom, to make the
same
commitments.” This statement was incorrect, as Huawei operated and
controlled Skycom;
Skycom was therefore not Huawei’s business “partner.”
After these articles were published, Financial Institution 1 and other
global financial
institutions that provided international banking services to Huawei (
collectively, the “Financial
Institutions”), including U.S. dollar-clearing, made inquiries to Huawei in response to the abovedescribed press reports. In early 2013, Huawei
employees represented to the Financial
Institutions that Skycom was just a local business partner of Huawei in Iran and that Skycom had
not conducted Iran-related transactions using its accounts at the Financial Institutions.
To address the allegations in the news reports, Huawei requested an in-
person meeting
with a senior Financial Institution 1 employee. That meeting occurred on
August 22, 2013 (the
“August Meeting”), at which time Ms. Meng met in Hong Kong with an
executive of Financial
Institution 1 responsible for operations in the Asia Pacific region. During the meeting, Ms.
Meng delivered a PowerPoint presentation written in Chinese, which was
translated by an3
interpreter into English. Ms. Meng stated that she was using an interpreter to be precise in her
language.
In her presentation, Ms. Meng stated, among other things, that Huawei’s
relationship with
Skycom was “normal business cooperation” and “normal and controllable
business cooperation,”
and she described Skycom as a “partner,” a “business partner of Huawei,” and a “third party
Huawei works with” in Iran. Those statements were untrue because, as Ms.
Meng knew, Skycom
was not a business partner of, or a third party working with, Huawei;
instead, Huawei controlled
Skycom, and Skycom employees were really Huawei employees. It would have
been material to
Financial Institution 1 to know that Huawei controlled Skycom. In addition, Ms. Meng stated that
Huawei “was once a shareholder of Skycom” but had “sold all its shares in Skycom.” Those
statements were untrue, because, as Ms. Meng knew, Huawei had “sold” its
shares to an entity
that Huawei controlled. Specifically, Huawei transferred Skycom shares from a Huawei
subsidiary (Hua Ying) to another entity that was controlled by Huawei (
Canicula). It would have
been material to Financial Institution 1 to know that Skycom was transferred from one Huaweicontrolled entity to another. Finally, Ms. Meng stated that Huawei “operates in Iran in strict
compliance with applicable laws, regulations and sanctions” and that “
there has been no violation
of export control regulations” by “Huawei or any third party Huawei works with.” These
statements were untrue because Huawei’s operation of Skycom, which caused
the Financial
Institutions to provide prohibited services, including banking services, for Huawei’s Iran-based
business while Huawei concealed Skycom’s link to Huawei, was in violation
of the U.S.
Department of the Treasury’s Office of Foreign Assets Control’s Iranian
Transactions and
Sanctions Regulations, 31 C.F.R. Part 560. Moreover, during the Relevant
Time Period, Huawei
caused Skycom to conduct approximately $100 million worth of U.S.-dollar
transactions through
Financial Institution 1 that cleared through the United States, at least
some of which supported its
work in Iran in violation of U.S. law, including $7.5 million for Iran-based contractors from the
U.K. staffing company to do work in Iran.
At no point during or after the August Meeting did Ms. Meng, who was aware
of
Huawei’s public statements about Skycom published by Reuters, retract or
amend any of those
statements. Moreover, Huawei’s Treasurer, who also attended the August
Meeting, did not
correct or amend any of the statements made by Ms. Meng.
During the Relevant Time Period, Ms. Meng possessed a computer file that
contained
“Suggested Talking Points” about Huawei’s relationship with Skycom that
closely tracked the
untrue statements made during the meeting in Hong Kong. Specifically, that
file contained the
following text, written in Chinese: “The core of the suggested talking
points regarding
Iran/Skycom: Huawei’s operation in Iran comports with the laws, regulations and sanctions as
required by the United Nations, the United States and the European Union.
The relationship
with Skycom is that of normal business cooperation. Through regulated trade organizations
and procedures, Huawei requires that Skycom promises to abide by relevant
laws and
regulations and export controls. Key information 1: In the past — ceased to hold Skycom
shares 1, With regards to cooperation: Skycom was established in 1998 and is one of the
agents for Huawei products and services. Skycom is mainly an agent for
Huawei.”
Shortly after the August Meeting, Huawei prepared an English version of the
PowerPoint presentation at Financial Institution 1’s request. Ms. Meng
later arranged for a4
paper copy of that PowerPoint presentation to be delivered to the Financial Institution 1
executive in September 2013. The representations in the English version of
the PowerPoint
presentation closely tracked the ones Ms. Meng gave during the in-person
August Meeting.
After the August Meeting, and subsequent receipt of the PowerPoint
presentation,
Financial Institution 1 decided to continue its relationship with Huawei.
The other Financial
Institutions similarly continued their respective relationships with Huawei.
从PDF转来的文本，格式有点乱。
图片
因为大妓院说了
【 在 wsn01 (巫师宁) 的大作中提到: 】
: 下面就是孟承认的内容
:
: ATTACHMENT A
: STATEMENT OF FACTS
: Huawei Technologies Co., Ltd. (“Huawei”) has been charged with a total
of
: 16 counts in
: the U.S. District Court in the Eastern District of New York (“EDNY”),
and
: two Huawei
: subsidiaries have been charged with nine counts in the U.S. District Court
: for the Western
: District of Washington. See United States v. Huawei Technologies Co., Ltd.,
: et al., 18-CR-457
: (E.D.N.Y.), Dkt. No. 126 (the “EDNY Indictment”). Meng Wanzhou, Huawei’s
: Chief Financial
: Officer, has also been charged in four of the counts in the EDNY
Indictment.
: Ms. Meng and the
: U.S. Department of Justice—the Criminal Division’s Money Laundering and : Asset Recovery
: Section, the National Security Division’s Counterintelligence and Export : Control Section, and
: the U.S. Attorney’s Office for the Eastern District of New York (the “
: Government”)—have
: agreed to enter into a Deferred Prosecution Agreement (the “Agreement”) in
: connection with
: the EDNY Indictment.
: The following Statement of Facts is incorporated by reference as part of
the
: Agreement between Ms. Meng and the Government.
: * * *
: Huawei is a Chinese company headquartered in Shenzhen, Guangdong, and a
: leading
: global provider of information and communications technology. Huawei,
: including its corporate
: subsidiaries and affiliates, employs more than 197,000 people and operates
: in over 170 countries
: and regions.
: Ms. Meng is a Chinese citizen and the daughter of Huawei’s founder, Ren
: Zhengfei, and
: since 2010 has served as Huawei’s Chief Financial Officer. Ms. Meng also : serves as Deputy
: Chairwoman of Huawei’s Board of Directors.
: Skycom Tech. Co. Ltd. (“Skycom”) was a Hong Kong company that primarily : operated
: in Iran. As of February 2007, Skycom was wholly owned by Huawei subsidiary
: Hua Ying
: Management (“Hua Ying”). In November 2007, Hua Ying transferred its
shares
: of Skycom to
: another entity that Huawei controlled, Canicula Holdings (“Canicula”).
At
: the time Hua Ying
: transferred its Skycom shares to Canicula, Ms. Meng was the Secretary of
Hua
: Ying.
: In February 2008, after Huawei transferred ownership of Skycom from Hua
Ying
: to
: Canicula, Ms. Meng joined Skycom’s Board of Directors, which was
comprised
: of Huawei
: employees. She served on the Board until April 2009. After Ms. Meng
departed
: from Skycom’s
: Board, Skycom’s Board members continued to be Huawei employees, Canicula : continued to
: own Skycom, and Canicula continued to be controlled by Huawei. As of
August
: 2012, Huawei
: included Skycom among a list of “other Huawei subsidiaries” in Huawei
: corporate documents
: written in English.1
: Between 2010 and 2014 (the “Relevant Time Period”), Huawei controlled
: Skycom’s
: business operations in Iran, and Skycom was owned by an entity controlled by
: Huawei. All
: 1 Skycom ceased to exist no later than 2017.2
: significant Skycom business decisions were made by Huawei. Moreover,
Skycom
: ’s country
: manager—the head of the business—was a Huawei employee. Individuals
: employed by Skycom
: believed they worked for Huawei. Indeed, Skycom employees used email
: addresses with the
: domain “huawei.com.”
: During the Relevant Time Period, Huawei employees engaged with a U.K.
: staffing
: company to provide engineers in Iran to support Skycom’s work with
Iranian
: telecommunications service providers. Negotiations and contracting on
behalf
: of Skycom were
: conducted by Huawei employees. To pay for these contractors, Huawei sent
at
: least $7.5 million
: to the U.K. staffing company in a series of approximately 80 payments from
: Skycom’s bank
: accounts in Asia, including at a multinational financial institution (“
: Financial Institution 1”), to
: the U.K. staffing company’s account in the United Kingdom. The
transactions
: were denominated
: in U.S. dollars and cleared through the United States.
: In December 2012 and January 2013, various news organizations, including
: Reuters,
: reported that Skycom offered to sell “embargoed” equipment from a U.S.
: computer equipment
: manufacturer in Iran in potential violation of U.S. export controls law,
and
: that Huawei had close
: ties with Skycom. In a statement to Reuters published in a December 2012
: article, Huawei
: claimed that Skycom was one of its “major local partners” in Iran.
Reuters
: reported that Huawei
: had further stated that “Huawei’s business in Iran is in full compliance
: with all applicable laws
: and regulations including those of the U.N., U.S. and E.U. This commitment
: has been carried out
: and followed strictly by our company. Further, we also require our
partners
: to follow the same
: commitment and strictly abide by the relevant laws and regulations.”
: In January 2013, a subsequent Reuters article reported that Ms. Meng had
: served on the
: Board of Directors of Skycom between February 2008 and April 2009 and
: identified other
: connections between Skycom directors and Huawei. The article also quoted a
: statement from
: Huawei that: “The relationship between Huawei and Skycom is a normal
: business partnership.
: Huawei has established a trade compliance system which is in line with
: industry best practices
: and our business in Iran is in full compliance with all applicable laws
and
: regulations including
: those of the UN. We also require our partners, such as Skycom, to make the
: same
: commitments.” This statement was incorrect, as Huawei operated and
: controlled Skycom;
: Skycom was therefore not Huawei’s business “partner.”
: After these articles were published, Financial Institution 1 and other
: global financial
: institutions that provided international banking services to Huawei (
: collectively, the “Financial
: Institutions”), including U.S. dollar-clearing, made inquiries to Huawei in
: response to the abovedescribed press reports. In early 2013, Huawei
: employees represented to the Financial
: Institutions that Skycom was just a local business partner of Huawei in
Iran
: and that Skycom had
: not conducted Iran-related transactions using its accounts at the
Financial
: Institutions.
: To address the allegations in the news reports, Huawei requested an in-
: person meeting
: with a senior Financial Institution 1 employee. That meeting occurred on
: August 22, 2013 (the
: “August Meeting”), at which time Ms. Meng met in Hong Kong with an
: executive of Financial
: Institution 1 responsible for operations in the Asia Pacific region.
During
: the meeting, Ms.
: Meng delivered a PowerPoint presentation written in Chinese, which was
: translated by an3
: interpreter into English. Ms. Meng stated that she was using an
interpreter
: to be precise in her
: language.
: In her presentation, Ms. Meng stated, among other things, that Huawei’s
: relationship with
: Skycom was “normal business cooperation” and “normal and controllable
: business cooperation,”
: and she described Skycom as a “partner,” a “business partner of Huawei,”
: and a “third party
: Huawei works with” in Iran. Those statements were untrue because, as Ms. : Meng knew, Skycom
: was not a business partner of, or a third party working with, Huawei;
: instead, Huawei controlled
: Skycom, and Skycom employees were really Huawei employees. It would have
: been material to
: Financial Institution 1 to know that Huawei controlled Skycom. In addition,
: Ms. Meng stated that
: Huawei “was once a shareholder of Skycom” but had “sold all its shares in
: Skycom.” Those
: statements were untrue, because, as Ms. Meng knew, Huawei had “sold” its
: shares to an entity
: that Huawei controlled. Specifically, Huawei transferred Skycom shares
from
: a Huawei
: subsidiary (Hua Ying) to another entity that was controlled by Huawei (
: Canicula). It would have
: been material to Financial Institution 1 to know that Skycom was
transferred
: from one Huaweicontrolled entity to another. Finally, Ms. Meng stated
that
: Huawei “operates in Iran in strict
: compliance with applicable laws, regulations and sanctions” and that “
: there has been no violation
: of export control regulations” by “Huawei or any third party Huawei
works
: with.” These
: statements were untrue because Huawei’s operation of Skycom, which caused
: the Financial
: Institutions to provide prohibited services, including banking services,
for
: Huawei’s Iran-based
: business while Huawei concealed Skycom’s link to Huawei, was in violation
: of the U.S.
: Department of the Treasury’s Office of Foreign Assets Control’s Iranian : Transactions and
: Sanctions Regulations, 31 C.F.R. Part 560. Moreover, during the Relevant
: Time Period, Huawei
: caused Skycom to conduct approximately $100 million worth of U.S.-dollar
: transactions through
: Financial Institution 1 that cleared through the United States, at least
: some of which supported its
: work in Iran in violation of U.S. law, including $7.5 million for Iran-
based
: contractors from the
: U.K. staffing company to do work in Iran.
: At no point during or after the August Meeting did Ms. Meng, who was aware
: of
: Huawei’s public statements about Skycom published by Reuters, retract or : amend any of those
: statements. Moreover, Huawei’s Treasurer, who also attended the August
: Meeting, did not
: correct or amend any of the statements made by Ms. Meng.
: During the Relevant Time Period, Ms. Meng possessed a computer file that
: contained
: “Suggested Talking Points” about Huawei’s relationship with Skycom that
: closely tracked the
: untrue statements made during the meeting in Hong Kong. Specifically, that
: file contained the
: following text, written in Chinese: “The core of the suggested talking
: points regarding
: Iran/Skycom: Huawei’s operation in Iran comports with the laws,
regulations
: and sanctions as
: required by the United Nations, the United States and the European Union. : The relationship
: with Skycom is that of normal business cooperation. Through regulated
trade
: organizations
: and procedures, Huawei requires that Skycom promises to abide by relevant : laws and
: regulations and export controls. Key information 1: In the past — ceased to
: hold Skycom
: shares 1, With regards to cooperation: Skycom was established in 1998 and is
: one of the
: agents for Huawei products and services. Skycom is mainly an agent for
: Huawei.”
: Shortly after the August Meeting, Huawei prepared an English version of
the
: PowerPoint presentation at Financial Institution 1’s request. Ms. Meng
: later arranged for a4
: paper copy of that PowerPoint presentation to be delivered to the
Financial
: Institution 1
: executive in September 2013. The representations in the English version of
: the PowerPoint
: presentation closely tracked the ones Ms. Meng gave during the in-person
: August Meeting.
: After the August Meeting, and subsequent receipt of the PowerPoint
: presentation,
: Financial Institution 1 decided to continue its relationship with Huawei. : The other Financial
: Institutions similarly continued their respective relationships with
Huawei.
Ms. Meng stated that Huawei “was once a shareholder of Skycom” but had “
sold all its shares in Skycom.” Those statements were untrue
Ms. Meng stated that Huawei “operates in Iran in strict compliance with
applicable laws, regulations and sanctions” and that “there has been no
violation of export control regulations” by “Huawei or any third party
Huawei
works with.” These statements were untrue。
孟 stated 的内容部分都是对汇丰说的，现在孟晚舟承认以上陈述UNTRUE，算不算欺骗就见仁见智了。不过美国明显不关心是不是欺骗，美国要的是前面那部分内容，就是孟晚舟以华为CFO和SKYCOM BOARD OF DIRECTOR的身份承认华为通过SKYCOM向伊朗出口。
【 在 wsn01 (巫师宁) 的大作中提到: 】
: 下面就是孟承认的内容
: ATTACHMENT A
: STATEMENT OF FACTS
: Huawei Technologies Co., Ltd. (“Huawei”) has been charged with a total
of
: 16 counts in
: the U.S. District Court in the Eastern District of New York (“EDNY”),
and
: two Huawei
: subsidiaries have been charged with nine counts in the U.S. District Court
: for the Western
: District of Washington. See United States v. Huawei Technologies Co., Ltd.,
: ...................
这个证据在华为美国撕破脸前还有点用 现在还有啥用？
【 在 sungo (sungo) 的大作中提到: 】
: Ms. Meng stated that Huawei “was once a shareholder of Skycom” but had “
: sold all its shares in Skycom.” Those statements were untrue
: Ms. Meng stated that Huawei “operates in Iran in strict compliance with
: applicable laws, regulations and sanctions” and that “there has been no : violation of export control regulations” by “Huawei or any third party
: Huawei
: works with.” These statements were untrue。
: 孟 stated 的内容部分都是对汇丰说的，现在孟晚舟承认以上陈述UNTRUE，算不算欺骗
: 就见仁见智了。不过美国明显不关心是不是欺骗，美国要的是前面那部分内容，就是孟
: 晚舟以华为CFO和SKYCOM BOARD OF DIRECTOR的身份承认华为通过SKYCOM向伊朗出口。
: ...................
没啥用，对华为没啥影响。只是坐实了川普的总统令没违法，拿这些证据和打华为接下来的官司。
华为可能压根没打算应诉，所以再多证据也没用。
【 在 fhnan (腹黑男) 的大作中提到: 】
: 这个证据在华为美国撕破脸前还有点用 现在还有啥用？
美国对华为该制裁的都制裁了 该禁运的也禁运了 还要怎样。华为起诉美国政府也早被驳回了 还有什么官司。
【 在 sungo (sungo) 的大作中提到: 】
: 没啥用，对华为没啥影响。只是坐实了川普的总统令没违法，拿这些证据和打华为接下
: 来的官司。
: 华为可能压根没打算应诉，所以再多证据也没用。