§40904 Compensation by common carriers

Summary

Common carriers can pay an ocean freight forwarder for a shipment only when the forwarder gives written proof that it has any required ocean transportation intermediary license and when it both booked or confirmed space with the carrier (or its agent) and prepared the ocean bill of lading, dock receipt, or a similar shipping document. A carrier may not pay twice for the same shipment. A forwarder cannot get paid if it has a direct or indirect financial interest in the shipment, and a carrier must not knowingly pay in that case. If two or more ocean carriers in foreign trade form a group to set forwarder pay, the group must let any member act independently about pay levels after no more than 5 days’ notice. The group also may not limit forwarder pay to less than 1.25 percent of all tariff rates and charges assessed against the cargo for which the forwarder provides services.