The Federal Maritime Commission reports that it has entered into compromise agreements resulting in more than $2.3 million in civil penalty payments as well as commitments by affected companies to reform specific business practices.
An ocean common carrier paid $2.0 million and will furnish restitution to resolve allegations that it overbroadly defined “merchant” and applied that definition in bills of lading to demand payment from a third party that should not have been billed. The carrier will ensure future compliance by amending its U.S. tariff rules to limit the definition of “merchant” in its bills of lading to shippers, consignees, and persons with a beneficial interest in the cargo.
An ocean transportation intermediary paid $175,000 to resolve allegations that it knowingly and willfully accepted cargo from, or transported cargo for, the accounts of OTIs that did not have bonds, insurance, or other sureties. The OTI has also agreed to undertake an audit of its internal practices and procedures and will provide quarterly updates on the progress of that audit as well as a report of remedial actions it takes in response to the audit’s findings.
A separate OTI paid $155,000 to resolve allegations that it (1) knowingly and willfully accepted cargo from, or transported cargo for, the accounts of OTIs that did not have bonds, insurance, or other sureties, (2) allowed an unlicensed OTI to obtain transportation for property at less than the rates or charges that would otherwise be applicable, and (3) provided another OTI with access to service contracts of an ocean common carrier to which the OTI was not a signatory.
ST&R’s team of former FMC personnel, freight forwarders, and administration and congressional staffers can help your company ensure compliance with applicable rules and regulations and seek restitution for violations. For more information, please contact Jason Kenner (at (212) 549-0137 or via email) or Andy Margolis (at (305) 894-1021 or via email).
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