Should the House Commend Canada for Arresting a Huawei Executive & Call on China to Release Canadians Arrested in Retaliation? (H. Res. 521)

What is H. Res. 521?

(Updated June 6, 2021)

This non-binding resolution would commend the Canadian government for upholding the rule of law with regard to Huawei Technology Chief Financial Officer (CFO) Meng Wanzhou’s December 2018 arrest (as requested by the U.S.) and express the House of Representatives’ concerns over the Chinese government’s apparently politically-motivated retaliatory arrests of Canadian citizens. 

Specifically, this resolution would:

• Commend the Canadian government for upholding the rule of law and complying with its international legal obligations, including those pursuant to the Extradition Treaty Between the United States of America and Canada; 
  
• Commend the Canadian government for providing consular access and due process for Huawei Technologies CFO Meng Wanzhou;
  
• Express concern over the Chinese government’s apparent arbitrary detention and abusive treatment of Canadian nationals Michael Spavor and Michael Kovrig, which appears to be in retaliation to Meng Wanzhou’s detention; and
  
• Express the House’s support for the Canadian government’s call for the immediate release of Michael Spavor and Michael Kovrig and for due process for Canadian national Robert Schellenberg.

As a simple resolution, this legislation is non-binding and wouldn’t advance beyond the House if passed.

Argument in favor

The House should join the Senate in expressing its support of and appreciation for Canada’s actions to uphold the rule of law with regard to Huawei CFO Meng Wanzhou’s December 2018 arrest. Similarly, it should join Canada in calling for the release of wrongfully imprisoned Canadian nationals Michael Spavor and Michael Kovrig and due process for Robert Schellenberg.

Argument opposed

The Chinese government, Huawei, and Meng Wanzhou all allege that Meng’s arrest was politically motivated. As such, Congress should try not to escalate the issue by taking a stance on it through this resolution. In the cases of Spavor, Kovrig, and Schellenberg, each has been charged with serious crimes in China, and as such, China should be allowed to mete justice out to them in its courts.

Impact

House of Representatives; U.S.-Canada relationship; Canada; China; Huawei CFO Meng Wanzhou; Michael Spavor; Michael Kovrig; and Robert Schellenberg.

Cost of H. Res. 521

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Michael McCaul (R-TX) introduced this non-binding resolution to commend the Canadian government for upholding the rule of law regarding the extradition of Huawei Technology Chief Financial Officer (CFO) Meng Wanzhou and express the House of Representatives’ concern with China’s retaliatory and hostile actions against Canadian citizens: 

“China’s hostage diplomacy is abhorrent. Canadian citizens Michael Kovrig and Michael Spavor have been detained since last year without charge and have been subjected to harsh conditions such as limited consular access, no attorney representation, and lengthy interrogations. Meanwhile, Ms. Wanzhou has received proper treatment in Canadian custody, with all her legal, health, and other needs attended to, and is currently released on bail. The cases show the stark contrast between Canada’s commitment to the rule of law and China’s. I commend Canada and regret that Canadian citizens are paying the price of China’s malfeasance. The Chinese Communist Party’s aversion to fair treatment does not disqualify them from abiding by it. Canada’s citizens must be released immediately.”

House Foreign Affairs Committee Chairman Rep. Michael McCaul (R-TX) adds: 

“It’s deeply troubling that Beijing would unjustly detain Canadian citizens in retaliation for Canada’s decision to extradite a suspected criminal to the United States. In recent months, the Chinese have flouted international law by encroaching into the Vietnamese exclusive economic zone. They’ve twisted arms to dampen global criticism of their outrageous human rights abuses in Xinjiang. And now they’re using the shameful tactic of hostage diplomacy to express their displeasure. These aren’t the actions of a responsible power, but of a bully. I urge the Trump Administration to work closely with our Canadian allies to urge the Chinese government to immediately release these detained Canadian citizens and allow them to return home.”

In his opening statement at this resolution’s committee markup on September 25, 2019, Rep. McCaul said: 

“This resolution commends Canada for upholding the rule of law regarding the extradition of Huawei Technology’s Chief Financial Officer Meng Wanzhou. It also expresses concern with China’s retaliatory and hostile actions against Canadian citizens detained in China. China’s hostage diplomacy is abhorrent. Canadian citizens Michael Kovrig and Michael Spavor have been detained in China since last year without due process and have been subjected to harsh conditions such as limited consular access, no attorney representation, and lengthy interrogations. Meanwhile, Ms. Meng has received proper treatment in Canadian custody, with all her legal, health, and other needs attended to, and is currently released on bail—what a difference in the two criminal justice systems. I commend Canada and regret that Canadian citizens are paying the price of China’s malfeasance. Canada’s citizens must be released immediately.”

Senate Foreign Relations Committee Chairman Sen. Jim Risch (R-ID), sponsor of this resolution’s Senate counterpart, says: 

“I applaud the government of Canada for their commitment to upholding the rule of law and complying with our mutual legal obligations. Canada has provided consular access and due process for Ms. Meng. It is only right for the Senate to join Canada in expressing concern over arbitrary detention and mistreatment of Canadian nationals by the Chinese government. We stand by our Canadian friends and call for the immediate release of Michael Spavor and Michael Kovrig who are wrongfully being held in China."

Roland Paris, a University of Ottawa professor and former foreign policy adviser to Prime Minister Justin Trudeau, says this resolution’s passage would keep up international pressure on China to release the two Michaels and keep this issue alive in U.S. policymakers’ minds: 

“A few months ago, it wasn’t clear that the United States would advocate for our detainees, but both the White House and Congress now seem to be engaged. Frankly, it’s the right thing for them to do, considering that Canada is paying the price for complying with the terms of our bilateral extradition treaty.”

In August 2019, Secretary of State Mike Pompeo said that he doesn’t see Meng’s detention as something that the U.S. could use to its advantage in trade talks. He said that while the U.S. would continue raising the matter of Michael Spavor’s and Michael Kovrig’s unlawful detentions with the Chinese government “until such time as they’re home and returned to their families,” the two men’s detentions weren’t equivalent. Pompeo said that China wants “to talk about these two [issues] as if they're equivalent, as if they're morally similar, which they fundamentally are not.”

Adam Austen, press secretary for Foreign Affairs Minister Chrystia Freeland, expressed Canada’s gratitude to the House of Representatives “for its support and efforts to pass a resolution echoing our call for the release of Mr. Spavor and Mr. Kovrig and recognizing Canada’s respect for the rule of law” in mid 2019.

This resolution unanimously passed the House Foreign Affairs Committee with the support of two Democratic House cosponsors. Its Senate companion, sponsored by Sen. James Risch, unanimously passed the Senate with 10 bipartisan cosponsors’ support (including eight Republicans and two Democrats).

Of Note: Huawei Technology’s Chief Financial Officer (CFO) Meng Wanzhou was detained in Canada on  December 1, 2018. She’s now waiting on extradition to the U.S. to stand trial for a number of charges, including bank fraud, conspiracy to commit wire fraud, conspiracy to defraud the United States, and conspiracy to violate the International Emergency Economic Powers Act. 

Both Meng and Huawei deny the charges against them. In August 2019 filings in Vancouver, Canada, Meng’s attorneys claimed that U.S. and Canadian officials orchestrated a “covert criminal investigation" to unlawfully detain, search and interrogate her. Further, Meng’s attorneys claimed that Chinese and U.S. authorities “coordinated a strategy” to “intentionally delay” Meng’s arrest so Canadian border agents could hold her “under the pretense of a routine immigration check,” allowing border agents to gather evidence from her for the FBI and other U.S. authorities.

In China, many viewed Meng’s arrest as a political move by the Trump administration to gain leverage in the trade war between the U.S. and China. They pointed to comments by President Donald Trump, who suggested that he might intervene in Meng’s case if it would help secure a trade deal with China, as evidence for these suspicions.

In response to Meng’s arrest, China carried out politically-motivated detention and punishment of Canadian citizens in December 2018. As a result of these actions, Canadian nationals Michael Spavor and Michael Kovrig have been detained and abused. They haven’t been allowed access to lawyers, haven’t been able to turn the lights off at night, and have been subject to lengthy interrogations. Additionally, Kovrig has been subject to interrogation about his official activities while previously serving as an accredited diplomat in China, potentially in violation of the Vienna Convention on Diplomatic Relations.

In May 2019, China charged Kovrig and Spavor with spying. In a press conference, Foreign Ministry spokesman Lu Kang said “China hopes that Canada will not interfere” in the men’s cases.

Robert Schellenberg, also a Canadian national, was previously sentenced to 15 years in prison for drug smuggling. After Meng’s arrest, a Chinese court ruled that he should face the death penalty.

In mid-2019 interview with , Meng’s father, Huawei founder Ren Zhengfei, suggested that Huawei might advocate for Kovrig’s and Spavor’s releases if his daughter was freed. 

Media:

• House Foreign Affairs Committee Press Release
  
• Senate Foreign Relations Committee Press Release
  
• The Globe and Mail