The following Compromise Agreement is a true copy
 

of the signed agreement.
 

If you require a copy of a signed agreement(s), please 

contact the Commission’s Office of the Secretary, 

202-523-5725.
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMPROMISE AGREEMENT
 

This Agreement is entered into between: 

(l ) the Federal Maritime Commission, hereinafter referred to as Commission, and 

(2) Sparx Logistics USA Limited, hereinafter referred to as Sparx Logistics or 

Respondent. 

Whereas, the Commission is considering the institution of an assessment proceeding 

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

10(b)(2)(A), and 19 of the Shipping Act of 1984, 46 U.S.C. §§ 41102(a), 41104(2)(A), and 

40901-40902, as well as the regulations thereunder; 

Whereas, this course of action is the result of practices believed by the Commission to have 

been engaged in by Respondent, to wit: 

Sparx Logistics knowingly and willfully obtained ocean transportation for 

property at less than the rates and charges that would otherwise be 

applicable by the device or means of improperly utilizing rates limited to 

certain "named accounts" in Mediterranean Shipping Company, S.A., 

service contract nos. 13-633TPC and 14-319TPC, and in ZIM Integrated 

Shipping Services, Ltd. service contract no. Z15302HK. 

Sparx Logistics knowingly and willfully obtained ocean transportation for 

property at less than the rates and charges that would otherwise be 

applicable by the device or means of improperly obtaining access to Zim 

service contract No. Z14760HK to which Sparx was not a contract 

signatory, and improperly allowing access to Sparx’ service contracts by 

Walker International Transportation, LLC, a shipper not a contract 

signatory thereto. 

Sparx Logistics provided service as an ocean transportation intermediary 

prior to obtaining an OTI license and furnishing evidence of an OTI bond to 

the Commission. 

Sparx Logistics provided transportation in the liner trade that was not in 

accordance with the rates and charges in Respondent’s NVOCC tariff. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Whereas, the Commission has authority under the Shipping Act, 46 § 41109(a), and Part 502 of 

the Commission's Regulations, 46 C.F.R. Part 502, to compromise and collect civil penalties; 

Whereas, Respondent voluntarily disclosed to the Commission information and factual details 

relevant to its transportation activities giving rise to the alleged violations set forth and described 

above; 

Whereas, Respondent has agreed to cooperate with respect to investigative activity or 

enforcement action conducted by the Commission as to other parties regarding the transportation 

activities disclosed by Respondent; and 

Whereas, Respondent terminated the practices which are the basis of the alleged violations 

set forth herein, and has committed to maintain measures designed to eliminate these practices by 

Respondent 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 herein, Respondent and the 

Commission hereby agree upon the following terms of settlement: 

1. Respondent shall make monetary payment to the Commission by cashier's or 

certified check in the total amount of $80,000. 

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,or 

employees arising from the alleged violations set forth above that occurred between December 11, 

2013, and June 12, 2015. 

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 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. 

Sparx Logistics USA Limited 

________________________________________

Title: _________________________________ 

Date: _________________________________ 

APPROVAL AND ACCEPTANCE 

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

accepted: 

By the Federal MaritimeCommission: 

Peter J. King, Director (Date) 

Bureau of Enforcement 

Vern Hill (Date) 

Managing Director 

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