* Government split over how to judge vendors' reliability
* Process key to whether Germany opts to keep or ban Huawei
* Merkel keen not to hurt trade ties with China
* Social Democrat partners hawkish towards Beijing
BERLIN, Nov 20 (Reuters) - Germany would need to reach a
consensus within government that a telecoms vendor poses a
national security threat in order to exclude its equipment from
national 5G networks, according to draft legislation reviewed by
Reuters on Friday.
The latest version of the IT Security Law follows months of
wrangling in Chancellor Angela Merkel's coalition, which has
been split over how to craft a political mechanism for judging
whether a vendor can be trusted.
How that process works will be crucial in determining
whether China's Huawei, the global leader in telecoms
networks, can stay in Germany or ends up being banned as it has
been by the United States and some of its allies.
The draft seeks to bridge a divide between Merkel, who
favours close trade relations with China, and her coalition
partners in the Social Democratic Party (SPD) who, led by
Foreign Minister Heiko Maas, are hawkish towards Beijing.
An Interior Ministry spokesman said the bill was presented
to other departments on Thursday. "The draft implements the
results of previous discussions with the ministries and submits
new compromise proposals," the spokesman said in response to a
request for comment from Reuters.
The SPD had demanded a seat at the table and a Foreign
Ministry veto on permitting equipment suppliers to operate in
Germany - a deal-breaker for Merkel and her fellow conservative
government ministers.
Britain has explicitly declared Huawei persona non grata,
requiring mobile operators to phase out its equipment from their
networks, while France has settled on an implicit ban, according
to sources familiar with the matter.
In Sweden, meanwhile, a legal dispute has escalated after
Huawei appealed against a decision to ban it from 5G networks -
potentially capable of running smart factories and self-driving
cars - on national-security grounds.
CONSENSUS BUT NO VETO
The latest version of the German IT Security Law seeks to
finesse matters by creating a standing committee made up of
representatives from the Chancellery and the interior, economy
and foreign ministries that would work by consensus.
Should the working-level committee fail to reach a common
understanding, the matter would be escalated to ministers. If
agreement still cannot be reached, it would be referred to the
government's disputes resolution procedure.
The tortuous process means that, in Huawei's case, any
prospective ban would require both hard evidence and
overwhelming political conviction that its equipment poses
security risks - as the United States has alleged.
That would represent a tactical victory for Huawei, which
denies U.S. allegations that its equipment contains backdoors
open to cyper spies and that it is beholden to Beijing.
It would also be good news for Germany's three mobile
operators - Deutsche Telekom, Vodafone and
Telefonica Deutschland - which rely on Huawei and say
that replacing its equipment would cost billions.
A government source said the latest text was expected to go
before Merkel's cabinet for approval in December. Media leaks of
earlier drafts have, however, derailed coalition negotiations on
the legislation.
(Writing by Douglas Busvine
Editing by Alex Richardson and Mark Heinrich)