COMPROMISE AGREEMENT

FMC File No. 17178

This Agreement is entered into between:

(1) The Federal Maritime Commission, hereinafter referred to as Commission, and

(2) Brilliant Group Logistics Corp., hereinafter referred to as Respondent.

WHEREAS, the Commission is considering the initiation of an assessment proceeding 

against Respondent for the recovery of civil penalties for alleged violations of section 10(a)(1) and 

section 10(b)(2)(A) of the Shipping Act of 1984, 46 U.S.C. §§ 41102(a) and 41104(2)(A), and the 

Commission’s regulations at 46 C.F.R. § 515.20; and

WHEREAS, such a proceeding would be based on the Commission’s allegations that 

Respondent engaged in certain practices, to wit: 

Between October 28, 2014, and April 30, 2015, Respondent 

knowingly and willfully obtained transportation at less than the rates 

and charges that would otherwise apply by the device or means of 

improperly utilizing rates limited to certain named accounts in 

Evergreen Line Service Contract number 53866; and

Between January 18, 2015, and February 20, 2015, Respondent

provided transportation in the liner trade that was not in accordance 

with the rates and charges set forth in its published tariff or in any 

non-tariff alternative authorized by the Commission’s regulations; 

and

Prior to July 29, 2016, respondent operated without a Qualifying 

Individual for a period in excess of one year.

WHEREAS, the Commission is authorized under section 13(c) of the Shipping Act, 46 

U.S.C. § 41109(a), and Subpart W of the Commission’s Rules of Practice and Procedure, 46 C.F.R. 

§ 502.604, et seq. to compromise and collect civil penalties arising for the alleged violations set 
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forth and described above; and

WHEREAS, Respondent has cooperated with the Commission’s investigation and 

provided information and factual details relevant to its transportation activities and practices giving 

rise to the alleged violations set forth and described above; and

WHEREAS, Respondent has terminated the practices which are the basis of the alleged 

violations set forth and described above and has instituted measures designed to eliminate such

practices in the future.

NOW THEREFORE, in consideration of the premises herein, and in compromise of all 

civil penalties arising from the alleged violations set forth and described above, Respondent and 

the Commission hereby agree upon the following terms of settlement:

1. Respondent shall make payment to the Commission herewith in the total amount 

of $100,000.00.

2. This instrument shall forever bar the commencement or institution of any 

assessment proceeding or other claim for recovery of civil penalties from 

Respondent, its officers, directors, employees, or agents with respect to: (a) the 

alleged violations of sections 10(a)(1) and 10(b)(2)(A) of the Shipping Act as set 

forth and described above; and (b) the alleged violation of Commission regulation 

46 C.F.R. § 515.20 as set forth and described above.

3. It is expressly understood that this Agreement is not, and is not to be construed as, 

an admission by Respondent to the alleged violations set forth and described above.
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4. This Agreement is subject to approval by the Commission’s Managing Director in 

accordance with 46 C.F.R. § 502.604.

Brilliant Group Logistics Corp.

Signature: __________________________

Printed Name: ______________________

Title: ______________________________

Date: ______________________________

APPROVAL AND ACCEPTANCE

The above Terms and Conditions and Amount of Consideration are hereby approved and 

accepted:

By the Federal Maritime Commission:

____________________________________

Brian L. Troiano, Deputy Director (Date)

Bureau of Enforcement

____________________________________

Peter J. King (Date)

Deputy Managing Director