China files probe against FedEx to protect users’ rights

Note: The following article is taken from the Chinese-language "Commentaries on International Affairs".

China has filed an investigation into FedEx Corp for the wrongful delivery of packages. The June 1 official announcement states such cases seriously damage the legal rights and interests of the clients of the package delivery company and violate Chinese laws and regulations.

[Photo: IC]

This news was widely expected. On May 24, FedEx transferred two packages, from Huawei’s Japanese offices destined for China, to the United States. It also attempted to reroute two other packages from Vietnam destined for Huawei addresses in Asia to the United States. Although FedEx apologized afterwards, the company maintains the packages had been "inadvertently misrouted" and that the move was “not requested by any external party.”

However, since Huawei has now been added to the U.S. Entity List making it subject to export controls, can such mistakes truly be seen as coincidental?

Especially since U.S whistleblower Edward Snowden is on record as revealing the U.S. government does indeed have the ability to "intercept logistics."

Whether the "misrouting" of FedEx items is a mistake at the operational level, or whether it is an example of cooperation with the "long-arm jurisdiction" of the US government, must be explained to the outside world.

According to the laws and regulations governing China's courier service industry, package delivery companies are required to protect senders’ freedom of communication. They state that such companies shall not deliver, hide or open packages without permission, and under no circumstances should deliver the packages of clients to others. The Chinese departments involved have had serious talks with FedEx and have now legally filed an investigation.

As a courier company that has been operating in China for decades, FedEx has an obligation to cooperate with the Chinese authorities, which have the right to punish the company depending on the investigation results. The legitimate rights and interests of all Chinese enterprises and personnel in express delivery services shall be protected in accordance with the law.

China has introduced a system of establishment of an "entity list" of companies regarded as untrustworthy and will take any lawfully necessary legal and administrative measures against the entities listed. The FedEx investigation will set an example to other overseas companies, organizations and individuals who do not comply with Chinese laws and regulations.

China has a huge market offering huge potential profits. Foreign-funded enterprises are always warmly welcome to come forward, but only if they abide by China's laws and regulations, follow market rules and the spirit of contract. No companies will be allowed to block or cut off supplies to Chinese enterprises for non-commercial reasons. The legitimate rights and interests of Chinese consumers may not be harmed. Only in this way can foreign-funded enterprises enjoy the considerable opportunities for development in China.