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Court File: 27761 Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE MATTER OF the Extradition Act, 8.C. 1999, c. 18, as amended AND IN THE MATTER OF the Attorney General of Canada on behalf of the United States of America and Wanzhou Meng, also known as “Cathy Meng” and “Sabrina Meng” APPLICANT’S FACTUM RE: APPLICATION FOR JUDICIAL INTERIM RELEASE, I STATEMENT OF THE CASE 1. Wanzhou Meng (the “Applicant”) is seeking judicial interim release pending an extradition hearing yet to be scheduled, ‘The United States of America seeks the Applicant's extradition to face allegations made in support of a warrant issued on August 22, 2018, in the Eastern District of New York. 2. The Applicant is a mother of four and an accomplished businesswoman. She does not, have a criminal record. She is a Chinese citizen, but she has substantial ties to Vancouver. The Applicant submits that, in light of all of the relevant circumstances, including the Applicant’s background and good character, her longstanding ties to Vancouver, her significant property holdings in the city, and the plan of supervision, her continued detention is not necessary on the primary, secondary or tertiary grounds as set out at s.515 (10) of the Criminal Code of Canada., 1985, ¢-46. ‘The Applicant poses no risk of flight. ‘The release of the Applicant offers no threat whatsoever to the safety of the public, nor would her release undermine public confidence in the administration of justice. i SUMMARY OF THE FACTS ‘The Applicant’s Persor round ‘The Applicant is 46 years old. She was born in C1 ngu, China, Her primary residence is in Shenzhen, China. She is the mother of four children ranging in age from 10 to 20 years, Her oldest son is employed and living independently in China. Both of her teenage sons are currently away at school ~ one in China and the other + a Her youngest, her only daughter, lives with the Applicant and her husband in Shenzhen. The Applicant is a highly accomplished businesswoman. She holds a master’s degree from Huazhong University of Science and Technology. In 1993 she joined Huawei ~a telecommunications company founded by the Applicant's father. Ithas grown to become China’ latgest telecommunications company, employing over 170,000 people world-wide and more than 700 in its Canada operations. Within Huawei, the Applicant has held the positions of Director of the International Accounting Dept, CFO of Huawei Hong Kong, and President of the Accounting Mgmt, Dept. She currently serves as the CFO of Huawei and Deputy Chairwomen of the Board. Unfortunately, the Applicant has suffered from numerous health problems throughout her life. Some of those issues persist to this day. For years she has suffered from hypertension. She has survived thyroid cancer, for which she underwent surgery in 2011 In May of this year she had surgery on her jaw and throat to remedy health issues related to sleep apnea. As a result, she currently has difficulty eating solid foods and has had to modify her diet to address those issues. Her doctor has been providing her with daily packages of medications prescribed to treat these ailments. While the Applicant has historically travelled extensively for work purposes and her primary residence is in China, she also has significant ties to Vancouver ~ dating back at least 15 years. ‘There was a period in her life when she had permanent residency status in Canada. Her and her husband own two homes in Vancouver. Her younger children attended el 1 in Vancouver cirea 2009-2012 —a period during which the family’s primary residence was in Vancouver as the Applicant's husband was pursuing a Masters degree in Canada. Every year, the Applicant, her immediate family, and her extended family spend significant portions of their summers in Vancouver. The U.S. Legal Proceedings Constable Winston Yep’s affidavit dated November 30, 2018, filed in support of an application for the issuance of a provisional warrant for the Applicant’s arrest, avers that the Applicant is charged in the U.S. with “serious charges of fraud involving millions of dollars.” ‘The Summary of the Facts prepared by the Requesting State in support of its request that the Applicant be provisionally arrested, states that Huawei conducted certain business (notably merely in relation to otherwise benign domestic telecommunications equipment) in and related to Iran in contravention of U.S. economic sanctions legislation that prohibited such business, Itis alleged that the financial institutions were misled in respect of Huaweis compliance with such U.S. policy-based economic sanctions such that the Applicant and others “exposed the financial institutions to serious harm and denied the institutions the opportunity to make decisions based on the true tisk of processing the certain transaction and the reputational risk associated with banking high-risk clients such as Huawei.” In sum, it is important for context for the Court to understand that the apparent allegations do not allege violation of Wassenaar treaty dual use technologies or