Y<\/span>esterday<\/strong> (Monday),\u00a0FedEx\u00a0filed a suit in U.S. District Court in the District of Columbia against the U.S. Department of Commerce (DOC<\/span>)<\/span>, which seeks to enforce prohibitions contained in the Export Administration Regulations (EAR)<\/span>. The suit<\/span>\u00a0<\/span>follows\u00a0<\/span>FedEx\u2019s accidental diversion of several\u00a0Huawei\u00a0packages\u00a0<\/span>shipped from\u00a0<\/span>the United Kingdom\u00a0<\/span>to the United States earlier this month.\u00a0<\/span>\u00a0<\/span><\/p>\n

In the filing,\u00a0<\/span>FedEx\u00a0<\/span>argued<\/span>\u00a0<\/span>that the current EAR violates the Fifth Amendment of the U.S. Constitution and places<\/span>\u00a0an<\/span>\u00a0unreasonable burden on FedEx to \u201cpolice\u201d the massive volumes of goods it processes.<\/span>\u00a0<\/span>FedEx\u00a0<\/span>argued\u00a0<\/span>that the EAR violate<\/span>s<\/span>\u00a0common carrier<\/span>s<\/span>\u2019<\/span>\u00a0rights to due process under the Fifth Amendment of the U.S. Constitution<\/span>,<\/span>\u00a0as 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.\u00a0<\/span>\u00a0<\/span><\/p>\n

The integrator\u00a0<\/span>further<\/span>\u00a0<\/span>argued that this puts an impossible burden on a common carrier, such as itself, to know the origin and technological make-up of contents of the massive shipments it handles and whether they comply with the EAR.<\/span>\u00a0<\/span>The company said it \u201cis a transportation company, not a law enforcement agency.\u201d<\/span>\u00a0<\/span><\/p>\n

FedEx stated that it remains committed to complying with all laws and regulations in the countries it serves and has invested heavily in its internal export control compliance program, but seeks the following relief from the court:<\/span>\u00a0<\/span><\/p>\n

\n
• An order granting permanent relief against the DOC from enforcing the EAR against FedEx<\/span>;<\/span>\u00a0<\/span><\/li>\n
• That the court\u00a0<\/span>d<\/span>eclare the EAR are unlawful as applied to FedEx<\/span>;<\/span>\u00a0<\/span><\/li>\n
• An\u00a0<\/span>a<\/span>ward\u00a0<\/span>to\u00a0<\/span>FedEx<\/span>\u00a0covering<\/span>\u00a0its costs and expenses, including reasonable attorney fees<\/span>;<\/span>\u00a0and<\/span>\u00a0<\/span><\/li>\n
• An\u00a0<\/span>a<\/span>ward\u00a0<\/span>of<\/span>\u00a0<\/span>\u201c<\/span>further and additional relief as is just and proper<\/span>.\u201d<\/span>\u00a0<\/span><\/li>\n<\/ul>\n

  The DOC is required to respond to the complaint in the suit within 60 days of its filing.<\/span><\/p>\n

  The suit follows the most recent evolution of drama\u00a0<\/span>in<\/span>\u00a0<\/span>the U.S.<\/span>-China<\/span>\u00a0<\/span>trade war. In addition to raising tariffs on $200\u00a0billion\u00a0of Chinese exports last month, the U.S. also\u00a0<\/span>blacklisted Huawei Technologies from entering the country<\/span>. <\/span><\/p>\n

  Thus, when FedEx reportedly diverted some Huawei packages to the U.S. without authorization earlier this month, it came under fire from both the U.S. and China. While China said it would probe FedEx, causing speculation in media the company could be \u201cblacklisted\u201d as an unreliable entity by the country, the U.S. DOC sought to punish FedEx for violating the EAR.<\/span>\u00a0<\/span><\/p>\n

  While it is not yet certain how the case will evolve, it is a landmark case in the making for logistics providers across the board.\u00a0<\/span>Air Cargo World<\/span><\/i>\u00a0will provide updates as the situation evolves.<\/span><\/p>\n

  \n
  • Air World Cargo<\/strong><\/li>\n<\/ul>\n

    .<\/p>\n

    <\/p>\n","protected":false},"excerpt":{"rendered":"

    Yesterday (Monday),\u00a0FedEx\u00a0filed a suit in U.S. District Court in the District of Columbia against the U.S. Department of Commerce (DOC), which seeks to enforce prohibitions contained in the Export Administration Regulations (EAR). The suit\u00a0follows\u00a0FedEx\u2019s accidental diversion of several\u00a0Huawei\u00a0packages\u00a0shipped from\u00a0the United Kingdom\u00a0to the United States earlier this month.\u00a0\u00a0 In the filing,\u00a0FedEx\u00a0argued\u00a0that the current EAR violates the…<\/p>\n","protected":false},"author":11,"featured_media":9234,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[61,91,26,47],"tags":[],"_links":{"self":[{"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/posts\/12362"}],"collection":[{"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/comments?post=12362"}],"version-history":[{"count":1,"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/posts\/12362\/revisions"}],"predecessor-version":[{"id":12363,"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/posts\/12362\/revisions\/12363"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/media\/9234"}],"wp:attachment":[{"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/media?parent=12362"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/categories?post=12362"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/moovafrica.com\/news\/wp-json\/wp\/v2\/tags?post=12362"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}