Title 46ShippingRelease 119-73

§40705 Presidential review of Commission orders

Title 46 › Subtitle Subtitle IV— - Regulation of Ocean Shipping › Part Part A— - Ocean Shipping › Chapter CHAPTER 407— - CONTROLLED CARRIERS › § 40705

Last updated Apr 6, 2026|Official source

Summary

When the Federal Maritime Commission publishes an order that suspends or bans actions under section 40704, it must send a copy to the President at the same time. Within 10 days after receiving the order or after it takes effect, the President may, in writing, ask the Commission to pause the order if it is needed for national defense or foreign policy. The President must give the reasons. The Commission must immediately grant the pause and issue an order saying the President asked for it. While the order is paused, the President must, when practicable, try to settle the matter by negotiating with the foreign governments involved.

Full Legal Text

Title 46, §40705

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(a)The Federal Maritime Commission shall transmit to the President, concurrently with publication thereof, each order of suspension or final order of prohibition issued under section 40704 of this title.
(b)Within 10 days after receipt or the effective date of a Commission order referred to in subsection (a), the President, in writing, may request the Commission to stay the effect of the order if the President finds that the stay is required for reasons of national defense or foreign policy. The reasons shall be specified in the request. The Commission shall immediately grant the request by issuing an order in which the President’s request shall be described. During a stay, the President shall, whenever practicable, attempt to resolve the matter by negotiating with representatives of the applicable foreign governments.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4070546 App.:1708(e).Pub. L. 98–237, § 9(e), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, § 108(16), Oct. 14, 1998, 112 Stat. 1909. In subsection (b), the words “Notwithstanding any other law” are omitted as unnecessary.

Reference

Citations & Metadata

Citation

46 U.S.C. § 40705

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73