Who is the actual controller of Huawei

 Huawei Investment Holding Co., Ltd.’s 2021 financial statements claim that its controlling shareholder is Trade Union Committee in the Huawei Investment Holding Co., Ltd. According to the 2021 revised  Trade Union Law of the People's Republic of China and the China Trade Union Charter, trade union is led by Chinese Communist Party(CCP). So the actual controller of Huawei is the Chinese Communist Party.

Article 2 of Trade Union Law stipulates,

The trade union is a mass organization of the working class led by CCP in which workers voluntarily combine. It is the bridge and link between CCP and the workers and the masses.

Article 4 stipulates, 

 Trade unions must abide by and maintain the Constitution, take the Constitution as the fundamental principle of activity, focus on economic development, adhere to the socialist road, adhere to the people's democratic dictatorship, adhere to the leadership of CCP, adhere to Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory , the important thought of "Three Represents", the Scientific Outlook on Development, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era,.... 

 Article 5 Trade unions organize and educate workers...to assist the people's government in carrying out its work and safeguard the socialist state power of the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.

It could be inferred from the provisions above that Trade Union Committee in the Huawei Investment Holding Co., Ltd. is lead by Chinese Communist Party and must assist CCP's governments including state security authorities, defense authorities,etc.  Trade Union Committee in the Huawei Investment Holding Co., Ltd. should obey Xi Jinping's orders.

Articles of China Trade Union Charter include,

 Article 9 Chinese trade unions implement democratic centralism, the main contents of which are: (1) Individuals obey the organization, the minority obeys the majority, and the lower-level organization obeys the higher-level organization..... (3) The highest leading organ of the trade union is the National Congress of the Trade Union and the Executive Committee of the All-China Federation of Trade Unions that it produces.

Article 28 The basic tasks of the grass-roots trade union committee are: (1) to implement ...the decisions of the higher-level trade union, and to preside over the daily work of the grass-roots trade union.

Article 31 Trade union organizations at all levels shall strive to build a team of cadres who adhere to the basic line of the CCP in accordance with the requirements of revolutionization, youth, knowledge, and specialization.

Article 32 Trade union cadres should strive to: (1) earnestly study Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents", the Scientific Outlook on Development, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, .. .Increase political capacity.... (2) To implement the basic line and various principles and policies of the CCP, . . . 

 Article 35 ... The  trade unions at the county and above levels may select and employ staff for grass-roots trade unions.

Article 36 Sources of trade union funds: ... (2) Funds allocated to trade unions by enterprises, institutions, government agencies and other social organizations at the rate of 2% of the total wages of all employees or funds for the establishment of trade unions. (3) Income paid by the enterprises and institutions affiliated to the trade union. (4) Subsidies from the people's government and enterprises, institutions, organs and other social organizations. (5) Other income.

Article 38 The trade unions at and above the county level shall cooperate with relevant government departments such as taxation and finance, and do a good job in the collection of trade union funds and the allocation of trade union funds that should be borne by the government in accordance with regulations.

Article 39...The All-China Federation of Trade Unions has ultimate ownership of the assets of the trade unions at all levels. ...The management and use of trade union funds and assets, as well as the review and supervision system for trade union funds, shall be formulated by the All-China Federation of Trade Unions.

Article 40 Trade union committees at all levels formulate and approve budgets and final accounts in accordance with regulations, regularly report fund receipts and expenditures and asset management to .... the trade union committee at the next higher level, and accept the examination by the trade union fund review committee at the higher level and at the same level. Article 44 The right to interpret this constitution belongs to the All-China Federation of Trade Unions.

According to what is published at the website of PRC government and All-China Federation of Trade Unions,

The All-China Federation of Trade Unions is the leading organ of the local federations of trade unions and the national organizations of all industrial trade unions. The All-China Federation of Trade Unions is led by the Secretariat Department of the CCP's Central Committee. Its main responsibilities are:

(1) According to the CCP's basic theory, basic line, basic program and labor movement policy, and centering on the overall situation of the work of the CCP and the country, implement the guidelines, tasks and resolutions made by the National Congress of the Chinese Trade Union and the Executive Committee Meeting.

(2) In accordance with the law and the "China Trade Union Constitution", organize and guide trade unions at all levels to unswervingly implement the Chinese Communist Party's fundamental guiding principle of relying on the working class wholeheartedly, and further highlight and perform maintenance functions.

(3) Investigate and study major issues related to the legitimate rights and interests of employees, reflect the thoughts, wishes and demands of the employees to the Chinese Communist Party Central Committee and the State Council, and put forward opinions and suggestions; participate in drafting policies, measures, systems, laws and regulations involving the vital interests of employees; ....

 ...

(5) Assist provincial, autonomous region and municipal Chinese Communist Party committees to manage leading cadres of provincial federations of trade unions, assist relevant ministries and commissions (bureaus) of central state organs to manage leading cadres of national industrial trade unions; supervise and inspect the work style and clean politics construction of CCP member cadres in the organs of the All-China Federation of Trade Unions and directly affiliated units.

(6) Assist the State Council in the recommendation and selection of national model workers, and be responsible for the management of national model workers; be responsible for the selection, commendation and management of the winners of the national "May 1st" labor medals and certificates of merit.

(7) To be responsible for the management, review and audit of trade union funds and trade union assets; to study and formulate relevant systems and regulations for trade union organizations to set up employee labor welfare programs;

(8) Responsible for the international liaison work of trade unions and develop friendly relations with trade unions in various countries; responsible for exchanges with trade unions in Hong Kong, Macau and Taiwan.

(9) To undertake other matters assigned by the Chinese Communist Party Central Committee and the State Council.

The points listed here are repeated in the annual budget report 2022 of All-China Federation of Trade Unions. 2022 budget report stated that All-China Federation of Trade Unions, as a first level fiscal budget entity of central government, is budgeted to receive revenue of RMB1.44 billion from central government, 97.50% of current year budget revenue RMB1.48 billion. "The general requirements for trade union work in 2022 are: guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, study and implement the spirit of the 19th National Congress of the Chinese  Communist Party and all previous 19th Plenary Sessions, implement CCP General Secretary Xi Jinping's important expositions on the work of the working class and trade unions;  the main line is  propaganda and implementation of the CCP's 20th National Congress"

It could be inferred from the points above that trade unions in China are not independent and controlled by Chinese Communist Party.

 

Organization structure of  All-China Federation of Trade Unions :

Office

Organization Department

Ministry of Publicity and Education

Research room

Rights and Interests Protection Department

Ministry of Labor and Economic Work

Grassroots work department

Network work department

Social Liaison Department

Legal work department

Women's Department (Office of the Women's Workers Committee of the All-China Federation of Trade Unions)

Finance Department

International Liaison Department

All-China Federation of Trade Unions Fund Review Committee Office

National Committee of China Education, Science, Culture, Health and Sports Trade Union

National Committee of China Seamen Construction Trade Union

National Committee of China Energy Chemical Geology Trade Union

National Committee of China Machinery, Metallurgy and Building Materials Trade Union

National Committee of China National Defense Posts and Telecommunications Union

National Committee of China Finance, Trade, Textile and Tobacco Trade Union

National Committee of China Agriculture, Forestry, Water Conservancy and Meteorological Trade Union

Organ Party Committee

Bureau of Retired Cadres

All-China Federation of Trade Unions Assets Supervision and Administration Department

China Labor Movement Research Institute

All-China Federation of Trade Unions Information Center

China Employee Foreign Exchange Center

All-China Federation of Trade Unions Service Center 

(Annual Financial Statement for Financial Year 2021 of Huawei Investment Holding Co., Ltd.)

(Trade Union Law of the People's Republic of China)

(the annual budget report 2022 of All-China Federation of Trade Unions)

List of main subsidiaries of Huawei identified by Huawei Investment Holding Co., Ltd. ,in consequence also controlled by Chinese Communist Party:

Huawei International Pte. Ltd.
Huawei Technologies Japan K.K.
Huawei Technologies Deutschland Gmbh
Huawei Technologies. Coöperatief U.A.

Shanghai Huawei Technologies Co., Ltd.

Shanghai HiSilicon Technology Co., Ltd.

Beijing Huawei Digital Technology Co., Ltd.

Huawei Global Finance (Hong Kong) Co., Ltd.

Huawei Technology Investment Co., Ltd.

Huawei Technologies Co., Ltd   

Huawei Technical Services Co., Ltd.

Huawei Digital Technology (Suzhou) Co., Ltd.

Huawei Machine Co., Ltd.

Huawei Terminal (Shenzhen) Co., Ltd.

Huawei Terminal (Hong Kong) Co., Ltd.

Huawei Terminal Co., Ltd.

Huawei Software Technology Co., Ltd.

HiSilicon Photonics Co., Ltd.

Shenzhen HiSilicon Semiconductor Co., Ltd.

Hong Kong Huawei International Co., Ltd.

上海华为技术有限公司   

上海海思技术有限公司   

北京华为数字技术有限公司   

华为全球金融（香港）有限公司   

华为技术投资有限公司   

华为技术有限公司   

华为技术服务有限公司   

华为数字技术（苏州）有限公司   

华为机器有限公司   

华为终端（深圳）有限公司   

华为终端（香港）有限公司   

华为终端有限公司   

华为软件技术有限公司   

海思光电子有限公司   

深圳市海思半导体有限公司   

香港华为国际有限公司   

Who supplies financial service to Huawei?

Name of Debt Financing Instrument: Huawei Investment Holding Co., Ltd. 2022 Third Phase Medium-Term Notes.

Lead Underwriter: China Construction Bank Corporation

Joint Lead Underwriter: Shanghai Pudong Development Bank Co., Ltd.

Bookrunner: China Construction Bank Corporation

Duration management institution: China Construction Bank Corporation

The amount issued in the current period is RMB 4 billion

Term 3 years

Guarantee situation No guarantee

Credit rating agency: United Credit Rating Co., Ltd.

Credit rating results Subject rating: AAA; Debt rating: AAA