PRIA, Government Policy, Made Personal

Summary

The Federal Maritime Commission can suspend a shipping company’s tariffs or its right to use conference tariffs for up to 12 months for certain violations. If a company moves cargo under a tariff that has been suspended, it must pay the U.S. government up to $50,000 for each shipment. If a carrier won’t give information ordered by the Commission, then after notice and a hearing the Commission can suspend its tariffs and ask the Secretary of Homeland Security to refuse or revoke a ship’s clearance, and the Secretary must do so when asked. If the carrier says foreign law stops it from producing documents, the Commission must tell the Secretary of State, who will consult the foreign government to try to get the information. If a carrier or foreign government unfairly blocks U.S.-flag ships from foreign trade, the Commission can use these penalties or other lawful actions. Any order must be sent to the President first, who has 10 days to disapprove for national defense or foreign policy reasons.

Title 46, §41108

Shipping, Source: USLM XML via OLRC

(a)Suspension of Tariffs.—

For a violation of paragraph (1), (2), or (7) of section 41104(a) of this title, the Federal Maritime Commission may suspend any or all tariffs of the common carrier, or that common carrier’s right to use any or all tariffs of conferences of which it is a member, for a period not to exceed 12 months.

(b)Operating Under Suspended Tariff.—

A common carrier that accepts or handles cargo for carriage under a tariff that has been suspended, or after its right to use that tariff has been suspended, is liable to the United States Government for a civil penalty of not more than $50,000 for each shipment.

(c)Failure To Provide Information.—

(1)Penalties.—

If the Commission finds, after notice and opportunity for a hearing, that a common carrier has failed to supply information ordered to be produced or compelled by subpoena under section 41303 of this title, the Commission may—

(A)suspend any or all tariffs of the carrier or the carrier’s right to use any or all tariffs of conferences of which it is a member; and

(B)request the Secretary of Homeland Security to refuse or revoke any clearance required for a vessel operated by the carrier, and when so requested, the Secretary shall refuse or revoke the clearance.

(2)Defense based on foreign law.—

If, in defense of its failure to comply with a subpoena or discovery order, a common carrier alleges that information or documents located in a foreign country cannot be produced because of the laws of that country, the Commission shall immediately notify the Secretary of State of the failure to comply and of the allegation relating to foreign laws. On receiving the notification, the Secretary of State shall promptly consult with the government of the nation within which the information or documents are alleged to be located for the purpose of assisting the Commission in obtaining the information or documents.

(d)Impairing Access to Foreign Trade.—

If the Commission finds, after notice and opportunity for a hearing, that the action of a common carrier, acting alone or in concert with another person, or a foreign government has unduly impaired access of a vessel documented under the laws of the United States to ocean trade between foreign ports, the Commission shall take action that it finds appropriate, including imposing any of the penalties authorized by this section. The Commission also may take any of the actions authorized by section 42304 and 42305 of this title.

(e)Submission of Order to President.—

Before an order under this section becomes effective, it shall be submitted immediately to the President. The President, within 10 days after receiving it, may disapprove it if the President finds that disapproval is required for reasons of national defense or foreign policy.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41108(a)46 App.:1712(b)(1).Pub. L. 98–237, § 13(b), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, § 112(b), Oct. 14, 1998, 112 Stat. 1911. 41108(b)46 App.:1712(b)(3). 41108(c)46 App.:1712(b)(2), (4), (5). 41108(d)46 App.:1712(b)(6). 46 App.:1710a(h) (related to 1712(b)(6)).Pub. L. 100–418, title X, § 10002(h) (related to § 13(b)(6)), Aug. 23, 1988, 102 Stat. 1572; Pub. L. 105–258, title I, § 111(7), Oct. 14, 1998, 112 Stat. 1911. 41108(e)46 App.:1712(b)(7). In subsection (c)(1)(B), the words “Secretary of Homeland Security” are substituted for “Secretary of the Treasury” because the functions of the Secretary of the Treasury relating to the Customs Service were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–146 substituted “paragraph (1), (2), or (7) of section 41104(a)” for “section 41104(1), (2), or (7)”.

§41108 Additional Penalties