Title 46ShippingRelease 119-73not60

§40705 Presidential Review of Commission Orders

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

Last updated Apr 5, 2026|Official source

Summary

The Federal Maritime Commission must send the President every suspension or prohibition order at the same time it publishes the order. Within 10 days after the President receives the order or after it takes effect, the President may write to ask the Commission to pause the order for reasons of national defense or foreign policy and must say why. The Commission must immediately grant the pause and issue an order explaining the President’s request. While the pause is in effect, the President should, when possible, try to resolve the issue by negotiating with the foreign government 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 5, 2026

Release point: 119-73not60