Alibaba Granted Temporary Stay on U.S. Lobbying Ban Following Pentagon Blacklist
Recently, the U.S. District Court for the Northern District of California issued a temporary ruling requiring the U.S. Department of Defense to pause enforcement of the lobbying ban against Alibaba Group.
According to newly released court documents, a judge in the Northern District of California issued an order last Sunday, halting the Department of Defense from enforcing lobbying restrictions against Alibaba during the court’s review of Alibaba’s constitutional challenges to relevant U.S. regulations. This temporary stay will remain effective until either the court rules on the motion in this case or 60 days after the conclusion of any hearing—whichever comes first. The stay provides Alibaba with temporary relief in its legal dispute over being added to the Pentagon’s “Chinese Military-Industrial Complex” blacklist, whose ultimate outcome could determine the constitutionality of the Pentagon’s blacklist system.
Alibaba’s spokesperson stated on Monday:
“We are pleased that, regarding the lobbying contract ban, Alibaba will not be treated as a Chinese military enterprise and will have appropriate channels to express our views and address concerns.”
This lobbying restriction stems from the Department of Defense listing Alibaba under Section 1260H of the National Defense Authorization Act (NDAA), which identifies companies involved in China’s “military-civil fusion” strategy. Under this provision, the Department of Defense is prohibited from contracting with individuals or entities engaged in lobbying activities on behalf of any company listed under Section 1260H—effectively cutting off communication channels between such companies and the federal government. In early June this year, the U.S. added several Chinese tech firms—including Baidu, Unitree Robotics, BYD, and NIO—to the Section 1260H list. Two weeks after being listed, Alibaba filed a lawsuit in the U.S. District Court for the Northern District of California, firmly denying any ties to the Chinese military, and later argued in its motions that the lobbying ban violates constitutional due process and free speech rights.
Notably, while the Pentagon maintains that the lobbying restriction itself is constitutional, it also acknowledged that reaching a temporary agreement within a limited timeframe would help “allow the court to assess the relevant claims,” benefiting both parties and the judiciary. In contrast, some members of Congress are exerting opposing pressure. Two members of the House Select Committee on the Chinese Communist Party—John Moolenaar and Elise Stefanik—wrote a letter to Defense Secretary Pete Hegseth urging him to “enforce” the lobbying ban strictly.
Original source: toutiao.com/article/1870043863058439/
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