COMPROMISE AGREEMENT

FMC File No. 17182

This Compromise Agreement is entered into between:

(1) the Federal Maritime Commission (Commission); and

(2) RS Logistics Limited (Respondent).

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

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

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

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

Respondent engaged in certain practices violative of the Shipping Act, to wit:

Respondent knowingly and willfully obtained ocean transportation 

for property at less than the rates or charges that would otherwise be 

applicable by the device or means of unlawfully accessing Kawasaki 

Kisen Kaisha, Ltd. (K Line) service contract nos. SZX5087002 and 

SZX5087001 to which Respondent was neither a signatory nor a 

named affiliate; and 

Between May 1, 2015 and May 31, 2015, Respondent provided 

service in the liner trade that was not in accordance with the rates 

and charges contained in its published tariff or any non-tariff 

alternative authorized by the Commission’s regulations.

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

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

C.F.R. § 502.601 – 502.605, to compromise and collect civil penalties for the alleged violations 

set forth and described above; and,

WHEREAS, Respondent terminated the practices that are the basis of the alleged violations 

set forth herein, and has committed to maintain measures designed to eliminate such practices in 

the future; and,
WHEREAS, Respondent has cooperated in good faith and disclosed to the Commission 

information, facts, and documents relevant to the transportation activities and practices giving rise 

to the allegations stated above; and,

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

civil penalties arising from the Commission’s investigation of Respondent for the alleged 

violations described above, Respondent and the Commission hereby agree upon the following 

terms of compromise and settlement:

1. Respondent shall make payment to the Commission by cashier’s or certified check or 

by wire transfer in the total amount of $75,000.00 on or before November 4, 2016.

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

assessment proceeding or other claim of recovery of civil penalties from Respondent, 

its officers, directors, or employees arising from the Commission’s investigation of 

Respondent for the alleged violations set forth above. 

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

construed as, an admission by Respondent to the alleged violations set forth above.

4. This agreement is subject to approval by the Commission’s Managing Director in 

accordance with 46 C.F.R. § 502.604.

Signature: __________________________

Printed Name: ______________________

Title: ______________________________

Date: ______________________________
APPROVAL AND ACCEPTANCE OF COMPROMISE AGREEMENT

FMC File No. 17182

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