Home Dice DC circ. Said “No dice” to FedEx call on export regulations

DC circ. Said “No dice” to FedEx call on export regulations

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By Jennifer Doherty (July 8, 2022, 9:56 p.m. EDT) — The DC Circuit separated Federal Express’s claims against the U.S. Commerce Department on Friday, telling the company that an agency rule holding couriers liable for transportation of sensitive technologies to unauthorized recipients transparently aligned with established law.

With a two-judge majority, the DC Circuit upheld a 2020 district court ruling that dismissed Federal Express Corp.’s claims. against regulations put in place by Commerce to implement the Export Controls Act of 2018, which the company said exceeded the agency’s authority and violated its right to due process.

“Legislative text, circuit precedent, and deference to the executive in matters of…

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