News
The U.S. House of Representatives has passed the Ocean Shipping Reform Act of 2021 (H.R.4996). This bill is the first major overhaul of federal regulations for the global shipping industry in over 30 years and aims to support the growth and development of U.S. exports and promote reciprocal trade in the foreign commerce of the U.S.
Among other provisions, the bill
-sets forth requirements for operating a shipping exchange involving ocean transportation in the foreign commerce of the U.S.;
-prohibits ocean common carriers and marine terminal operators from retaliating or discriminating against shippers because such shippers have patronized another carrier, or filed a complaint;
-requires the Federal Maritime Commission (FMC) to publish and annually update all its findings of false certifications by ocean common carriers or marine terminal operators and all penalties assessed against such carriers or operators;
-requires ocean common carriers to adhere to minimum service standards that meet the public interest;
-directs the FMC to establish rules prohibiting ocean common carriers and marine terminal operators from adopting and applying unjust and unreasonable demurrage and detention fees;
-requires ocean common carriers to report to the FMC each calendar quarter on total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel that makes port in the United States;
-authorizes the FMC to initiate investigations of an ocean common carrier's fees or charges and apply enforcement measures, as appropriate; and
-revises annual reporting requirements for the FMC on foreign laws and practices to include practices by ocean common carriers.
