Pacific Forum Line (Group) Limited

Signature: ey
Printed Name: Crat Co

Title: Niecy - 1a Faeh

Dae: 3 Jr0 [14

Neptune Pacific Line, Inc.

Signature: Cag ope

Printed Name: at Ce
Title: SVP
Date: |r. l al

APPROVAL AND ACCEPTANCE

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

By the Federal Maritime Commission:
Aw) — 1122/3

Benjarhin K. Trogdon, Director (Date)
Bureau of Enforcement

Kou hese 4[iz[eog

Karen V. GregoryX X_) (Date)
Managing Director



violations of the Shipping Act relating to American Samoa trades described herein.
Respondents’ obligations to cooperate with the Commission under this Agreement are
ongoing and shall continue until the expiration of the applicable statute of limitations for
the alleged violations of the Shipping Act described herein, or the issuance of a non-
appealable final judgment in an enforcement action by the Commission against other

parties based on information provided to the Commission by Respondents.

4. It is expressly understood that this Agreement is not intended to be, and shall not

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

5. This Agreement is subject to approval by the Commission’s Managing Director in
accordance with 46 C.F.R. §502.604.

PDL International Pte Ltd
Signature:
Printed Name:

Title:

Date:

Sofrana Unilines (NZ) Ltd. and ANL Sjagnpore Pte Ltd dba Sofrana

Signature:
PrintedName: € ZOCZ EZ
Title: CEO ANW Sang cope

pa: 20 £8 / Ve i 4



COMPROMISE AGREEMENT
Investigative File No. 17248

This Agreement is entered into between:

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

(2) PDL International Pte Ltd (“PDL”), Sofrana Unilines (NZ) Ltd. and ANL Singapore Pte
Ltd dba Sofrana ANL Pte Ltd (collectively “ANL Sofrana”), Pacific Forum Line (Group)
Limited and Pacific Forum Line (NZ) Limited (collectively “PFL”), and Neptune Pacific
Line, Inc. (“NPL”), hereinafter collectively referred to as Respondents.

WHEREAS, ANL Singapore Pte Ltd dba Sofrana ANL acquired Sofrana Unilines (NZ) Ltd.
in October 2017; and

WHEREAS, Pacific Forum Line (Group) Limited acquired the assets of Pacific Forum Line
(NZ) Limited on or about September 2014, and

WHEREAS, Respondents respectively hold out to provide ocean transportation services
between Australia, American Samoa and other islands in the South Pacific, and between New
Zealand, American Samoa and various South Pacific islands (hereafter, “the American Samoa

trades”), and

WHEREAS, the Commission is considering the initiation of an assessment proceeding
against Respondents for the recovery of civil penalties for alleged violations of sections 10(a)(2)
and 10 (b)(2) and (b)(13) of the Shipping Act of 1984 (the Shipping Act), 46 U.S.C. §§41102(b),
41103(a), and 41104(2); and

WHEREAS, such a proceeding would be based on the Commission’s allegations that
Respondents engaged in certain practices in violation of the Shipping Act, to wit:

On or after September 2014, Respondents operated under an agreement in connection
with providing ocean transportation in the American Samoa trades, which agreement
was required to be filed with the Commission but had not been filed or become effective
under the Shipping Act.

On or after April 2014, Respondents provided service in the American Samoa trades
that was not in accordance with the rates, charges, classifications, rules and practices


contained in a published tariff or any non-tariff alternative authorized by the
Commission’s regulations.

On or after April 2014, Respondents knowingly disclosed and shared information

concerning the nature, consignee, or routing of property tendered or delivered to a

common carrier without consent of the shipper or consignee.

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, ef. seq., to compromise and collect civil penalties arising for the alleged

violations set forth and described above; and

WHEREAS, Respondents have submitted a voluntary disclosure to the Commission
and fully cooperated with, and disclosed additional information and factual details to, the
Commission relating to the American Samoa trades and Respondents’ transportation

activities and practices with respect to the trades; and

WHEREAS, Respondents have taken necessary steps to terminate the practices which
are the basis of the alleged violations set forth herein, and have committed to maintain

measures designed to eliminate such practices by Respondents in the future; and

NOW THEREFORE, in consideration of the premises stated herein and in compromise
of all civil penalties arising from the alleged violations set forth and referenced herein,

Respondents and the Commission hereby agree upon the following terms of compromise

and settlement:

1. Respondents shall make a payment to the Commission by wire transfer or a single
cashier’s check in the amount of $350,000.00 on or before March 29, 2019.

2. This instrument shall forever bar the commencement or institution of any
assessment proceeding or other claim for recovery of civil penalties from each Respondent,
its officers, directors, employees, or agents and/or predecessors for any and all conduct set
forth herein that occurred between April 1, 2014 and the date of this Compromise

Agreement.

3. Respondents individually and severally agree to cooperate in good faith with the

efforts of the Commission to investigate and prosecute other parties for the alleged


violations of the Shipping Act relating to American Samoa trades described herein.
Respondents’ obligations to cooperate with the Commission under this Agreement are
ongoing and shall continue until the expiration of the applicable statute of limitations for
the alleged violations of the Shipping Act described herein, or the issuance of a non-
appealable final judgment in an enforcement action by the Commission against other

parties based on information provided to the Commission by Respondents.

4. It is expressly understood that this Agreement is not intended to be, and shall not

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

5. This Agreement is subject to approval by the Commission’s Managing Director in
accordance with 46 C.F.R. §502.604.

PDL International Pte Ltd
Printed Name: O// vi er ve)
Title: CEO
Date: Z © 5 {9

Sofrana Unilines (NZ) Ltd. and ANL Singapore Pte Ltd dba Sofrana

Signature:

Printed Name:

Title:

Date: