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FedEx sues U.S.: Blocking shipments to Huawei violates our rights

Christian Fernsby |
FedEx Corp. announced that it has filed suit in U.S. District Court in the District of Columbia seeking to enjoin the U.S. Department of Commerce from enforcing prohibitions contained in the Export Administration Regulations (“EAR”) against FedEx.

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FedEx believes that the EAR violate common carriers’ rights to due process under the Fifth Amendment of the U.S. 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.

This puts an impossible burden on a common carrier such as FedEx to know the origin and technological make-up of contents of all the shipments it handles and whether they comply with the EAR.

FedEx believes that the EAR, as currently constructed and implemented, place an unreasonable burden on FedEx to police the millions of shipments that transit their network every day.

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

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