FedEx sues USA government over Huawei-related shipping restrictions

FedEx refused a Huawei phone to the US amidst Huawei ban - GSMArena.com news

FedEx Denies Delivery of Huawei P30 Pro in the US

"FedEx is a transportation company, not a law enforcement agency", FedEx said in a statement.

"We don't think that these regulations are based in law and we hope the Commerce Department will come up with a solution that eliminates our requirement to be the policeman of these shipments", he said. The company was explicitly banned from doing business with American tech companies last month by the Trump Administration due to "security concerns".

In the suit, FedEx described "a sophisticated proprietary risk-based compliance system to perform such screening", but said this technology can still not determine, for example, the amount of USA originated content in an electronic product shipping from Asia to the U.S. Theoretically, FedEx says, the law requires FedEx to determine whether any package violates the law by shipping U.S. technology to a proscribed entity. It also points out that opening millions of people's packages would violate their privacy. Cryptically, though, the company did point out that "the return to sender label attached to the package in question was not generated by FedEx".

Interestingly, this is an approach that only FedEx is using.

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The shipping giant's complaint observes that United States law affords limited immunity to common carriers like internet service providers, telecommunications companies and shipping firms when their customers act unlawfully.

State-run newspaper Global Times on Sunday tweeted that FedEx is likely to be added to the Chinese government's upcoming Unreliable Entities List of foreign firms, groups and individuals that harm the interests of Chinese companies. Albeit FedEx said that the packages were "misrouted in error", China chose to launch an investigation on the incident.

As for the third Huawei Express event that occurred recently, it was because "a new employee misunderstood the regulations and saw that Huawei was on the package, so he did not accept the package".

In the latest incident, technology news outlet PCMag here said that its writer in Britain had attempted to send a Huawei P30 handset to a colleague in the United States. After arriving at a FedEx facility in IN, the phone was flown back to Britain.

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FedEx said it didn't generate the note and that all of these incidents were isolated mistakes-not reflections of FedEx policies. However, neither FedEx or UPS have that - they have to rely on U.S. law agencies to know when shippings are at fault. Two years later, however, Huawei says its equipment still hasn't been released after the company provided the necessary documents.

There is not a general ban on shipping Huawei devices between United Kingdom and United States locations.

"We're required under the regulations of the department to certify that the shipper - who may or may not be telling the truth - is in compliance with those export regulations". Those violations involved the shipment of 52 airport parts to France in 2011 and an electron microscope to Pakistan in 2012. "The EAR deprive FedEx of liberty and property by arbitrarily and irrationally precluding FedEx from carrying out the basic functions of its business as a common carrier".

FedEx delivery trucks are pictured in Pasadena, California, US, March 21, 2017. But Monday's FedEx lawsuit doesn't say that.

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