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On Monday June 24th, FedEx filed a lawsuit against the the U.S. Department of Commerce to avoid having to follow the BIS entity list restrictions the government imposed back in May against doing business with Huawei.

A FedEx statement said “FedEx is a transportation company, not a law enforcement agency,” and that the EAR violates a shipping company’s rights to due process under the Fifth Amendment because all shipping companies are strictly liable for shipments that violate the Export Administration Regulations; without requiring evidence the shippers had knowledge of any violations.

In short, FedEx claims compliance with the new EAR regulations is impossible because FedEx cannot know the origin and technological make-up of all the contents of the shipments it handles.

Will post updates as soon as they are available.