It's not lying because there is some implicit information in the "we are unable" statement. What is implied in statements like this is that they're unable due to their policies.
If not for implications like this, almost every single use of "unable" (or "can't", for that matter) ever in a sentence would be "lying" unless something is against the laws of physics.
If not for implications like this, almost every single use of "unable" (or "can't", for that matter) ever in a sentence would be "lying" unless something is against the laws of physics.