FedEx files suit in district court of Columbia over shipments

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June 26, 2019: FedEx Corporation has filed suit in the district court of Columbia, against the US Department of Commerce, to obtain an exclusion to the Export Administration Regulations (EAR).

The company has urged the US department of commerce from enforcing prohibitions contained in the EAR against the company.

This legal move comes in response to the incident of FedEx, wrongly delivering a Huawei phone shipment to the US, and then returning to its sender in Britain. In its self-defense, the company could not do anything but describe it as an ‘operational error’.

This incident comes just weeks after China announced it was investigating FedEx for wrongful deliveries. Packages containing paperwork sent by Huawei through FedEx to Japan had been diverted to its Memphis hub.

UPS will not join FedEx lawsuit against US government, reports Reuters

FedEx said in a statement that it believes the EAR “violate common carriers’ rights to due process under the Fifth Amendment of the US Constitution as 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 statement continued: “This puts an impossible burden on a common carrier such as FedEx to know the origin and technological make-up of the contents of all the shipments it handles and whether they comply with the EAR.

“As a company that is committed to complying with all laws and regulations in the countries we serve, FedEx strongly supports the objectives of US export control laws.”

It continued: “We have invested heavily in our internal export control compliance program. 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.

“FedEx is a transportation company, not a law enforcement agency.”

“FedEx will continue to defend our rights as a US based global company, and we remain committed to delivering outstanding service to our customers in all countries around the world.”

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