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FedEx sues US government following incident involving Huawei shipment

FEDEX has filed a lawsuit in US District Court in the District of Columbia against the Commerce Department for enforcing export control regulations against the global express carrier

FedEx sues US government following incident involving Huawei shipment

FEDEX has filed a lawsuit in US District Court in the District of Columbia against the Commerce Department for enforcing export control regulations against the global express carrier

26 June 2019 - 19:00

FEDEX has filed a lawsuit in US District Court in the District of Columbia against the Commerce Department for enforcing export control regulations against the global express carrier.

The American multinational courier delivery services company said the US' Export Administration Regulations (EAR) violate common carriers' rights to due process under the Fifth Amendment of the US Constitution since they 'unreasonably hold common carriers strictly liable for shipments that may violate the EAR without requiring evidence that the carriers had knowledge of any violations'.



The company said in a statement regarding the lawsuit: 'This puts an impossible burden on a common carrier such as FedEx to know the origin and technological makeup of the contents of all the shipments it handles and whether they comply with the EAR.'



The case follows FedEx's recent refusal to ship a Huawei mobile phone from Britain to the US. The Chinese government has criticised the express carrier for the incident, reports American Shipper.



FedEx said it 'strongly supports the objectives of US export control laws' and has 'invested heavily in our internal export control compliance programme.'



'However, we believe that the EAR, as currently constructed and implemented, place an unreasonable burden on FedEx to police the millions of shipments that transit our network every day,' the company added. 'FedEx is a transportation company, not a law enforcement agency.'


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