FedEx sues United States government on task of overseeing China exports


The Beijing News, a municipal government-run newspaper, in an editorial on Monday, said FedEx had misinterpreted the USA ban and called on U.S. firms to be "rational" and not to over-react.

In its suit, Huawei is asking the court to compel the Commerce Department to make a final determination about the equipment's status and if it finds that it isn't subject to export controls, to release the equipment immediately. The company was explicitly banned from doing business with American tech companies last month by the Trump Administration due to "security concerns".

Last year, FedEx was fined for 53 violations of federal export-control regulations.

The lawsuit challenges changes to export rules created to keep technology out of the hands of entities or people that the US government considers potential risks to national security. Containing names of people and companies that it deemed to be a risk to national security. Huawei has said the restrictions may cost it $30 billion of revenue.

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".

EAR restricts the worldwide transfer of commodities, technology, information and software for reasons of national security and foreign policy.

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Interestingly, Fedex rival UPS does not seem to agree with Fedex's argument. But at the same time, Huawei smartphones have been banned from being sold in the United States, as can be seen with Walmart, the Microsoft Store, and more recently with B&H Photo.

Smith said the company remained committed to operating in China and "completely dedicated" to complying with Chinese laws. It looks like FedEx may now be going above and beyond even the Trump administration to enforce that ban on its own.

U.S. conveyance company FedEx has tabulated litigation against the USA government asserted that it should not be demanded to administer federal government export prohibition. Searching them all would not only be expensive-it could also violate laws protecting the privacy of packages. "We apologized", he said.

It seems that the FedEx's lawsuit comes from the need to cover its back in case it gets sued again by the United States government, like the latter did in 2014 for allegedly shipping packages full of drugs from illegal online pharmacies.

"Common carriers, as transporters for the public, can not reasonably be expected to police the contents and ultimate destinations of the millions of daily shipments to ensure compliance with the EAR", the suit claims. Huawei doesn't use Google's Android or Google apps in China, with Chinese smartphone users experiencing more of an Android Open Source Project (AOSP) setup there with some Huawei apps.

FedEx is suing the United States government to escape the burden of policing packages (cough, cough, tech materials) sent overseas (ahem, ahem, China).