H. R. 1442—56
‘‘41103.
Disclosure of information. 
‘‘41104.
Common carriers. 
‘‘41105.
Concerted action. 
‘‘41106.
Marine terminal operators. 
‘‘41107.
Monetary penalties. 
‘‘41108.
Additional penalties. 
‘‘41109.
Assessment of penalties.
‘‘§ 41101. Joint ventures and consortiums 
‘‘In this chapter, a joint venture or consortium of two or more 
common carriers operating as a single entity is deemed to be a 
single common carrier. 
‘‘§ 41102. General prohibitions 
‘‘(a) OBTAINING TRANSPORTATION AT LESS THAN APPLICABLE 
RATES.—A person may not knowingly and willfully, directly or 
indirectly, by means of false billing, false classification, false 
weighing, false report of weight, false measurement, or any other 
unjust or unfair device or means, obtain or attempt to obtain 
ocean transportation for property at less than the rates or charges 
that would otherwise apply. 
‘‘(b) OPERATING CONTRARY TO AGREEMENT.—A person may not 
operate under an agreement required to be filed under section 
40302 or 40305 of this title if—
‘‘(1) the agreement has not become effective under section 
40304 of this title or has been rejected, disapproved, or canceled; 
or 
‘‘(2) the operation is not in accordance with the terms 
of the agreement or any modifications to the agreement made 
by the Federal Maritime Commission. 
‘‘(c) PRACTICES IN HANDLING PROPERTY.—A common carrier, 
marine terminal operator, or ocean transportation intermediary 
may not fail to establish, observe, and enforce just and reasonable 
regulations and practices relating to or connected with receiving, 
handling, storing, or delivering property. 
‘‘§ 41103. Disclosure of information 
‘‘(a) PROHIBITION.—A common carrier, marine terminal oper-
ator, or ocean freight forwarder, either alone or in conjunction 
with any other person, directly or indirectly, may not knowingly 
disclose, offer, solicit, or receive any information concerning the 
nature, kind, quantity, destination, consignee, or routing of any 
property tendered or delivered to a common carrier, without the 
consent of the shipper or consignee, if the information—
‘‘(1) may be used to the detriment or prejudice of the 
shipper, the consignee, or any common carrier; or 
‘‘(2) may improperly disclose its business transaction to 
a competitor. 
‘‘(b) EXCEPTIONS.—Subsection (a) does not prevent providing 
the information—
‘‘(1) in response to legal process; 
‘‘(2) to the Federal Maritime Commission or an agency 
of the United States Government; or 
‘‘(3) to an independent neutral body operating within the 
scope of its authority to fulfill the policing obligations of the 
parties to an agreement effective under this part. 
‘‘(c) DISCLOSURE
FOR DETERMINING BREACH
OR COMPILING 
STATISTICS.—An ocean common carrier that is a party to a con-
ference agreement approved under this part, a receiver, trustee,
H. R. 1442—57
lessee, agent, or employee of the carrier, or any other person author-
ized by the carrier to receive information—
‘‘(1) may give information to the conference or any person 
or agency designated by the conference, for the purpose of—
‘‘(A) determining whether a shipper or consignee has 
breached an agreement with the conference or its member 
lines; 
‘‘(B) determining whether a member of the conference 
has breached the conference agreement; or 
‘‘(C) compiling statistics of cargo movement; and 
‘‘(2) may not prevent the conference or its designee from 
soliciting or receiving information for any of those purposes. 
‘‘§ 41104. Common carriers 
‘‘A common carrier, either alone or in conjunction with any 
other person, directly or indirectly, may not—
‘‘(1) allow a person to obtain transportation for property 
at less than the rates or charges established by the carrier 
in its tariff or service contract by means of false billing, false 
classification, false weighing, false measurement, or any other 
unjust or unfair device or means; 
‘‘(2) provide service in the liner trade that is—
‘‘(A) not in accordance with the rates, charges, classi-
fications, rules, and practices contained in a tariff published 
or a service contract entered into under chapter 405 of 
this title, unless excepted or exempted under section 40103 
or 40501(a)(2) of this title; or 
‘‘(B) under a tariff or service contract that has been 
suspended or prohibited by the Federal Maritime Commis-
sion under chapter 407 or 423 of this title; 
‘‘(3) retaliate against a shipper by refusing, or threatening 
to refuse, cargo space accommodations when available, or resort 
to other unfair or unjustly discriminatory methods because 
the shipper has patronized another carrier, or has filed a com-
plaint, or for any other reason; 
‘‘(4) for service pursuant to a tariff, engage in any unfair 
or unjustly discriminatory practice in the matter of—
‘‘(A) rates or charges; 
‘‘(B) cargo classifications; 
‘‘(C) cargo space accommodations or other facilities, 
with due regard being given to the proper loading of the 
vessel and the available tonnage; 
‘‘(D) loading and landing of freight; or 
‘‘(E) adjustment and settlement of claims; 
‘‘(5) for service pursuant to a service contract, engage in 
any unfair or unjustly discriminatory practice in the matter 
of rates or charges with respect to any port; 
‘‘(6) use a vessel in a particular trade for the purpose 
of excluding, preventing, or reducing competition by driving 
another ocean common carrier out of that trade; 
‘‘(7) offer or pay any deferred rebates; 
‘‘(8) for service pursuant to a tariff, give any undue or 
unreasonable preference or advantage or impose any undue 
or unreasonable prejudice or disadvantage; 
‘‘(9) for service pursuant to a service contract, give any 
undue or unreasonable preference or advantage or impose any
H. R. 1442—58
undue or unreasonable prejudice or disadvantage with respect 
to any port; 
‘‘(10) unreasonably refuse to deal or negotiate; 
‘‘(11) knowingly and willfully accept cargo from or transport 
cargo for the account of an ocean transportation intermediary 
that does not have a tariff as required by section 40501 of 
this title and a bond, insurance, or other surety as required 
by section 40902 of this title; or 
‘‘(12) knowingly and willfully enter into a service contract 
with an ocean transportation intermediary that does not have 
a tariff as required by section 40501 of this title and a bond, 
insurance, or other surety as required by section 40902 of 
this title, or with an affiliate of such an ocean transportation 
intermediary. 
‘‘§ 41105. Concerted action 
‘‘A conference or group of two or more common carriers may 
not—
‘‘(1) boycott or take any other concerted action resulting 
in an unreasonable refusal to deal; 
‘‘(2) engage in conduct that unreasonably restricts the use 
of intermodal services or technological innovations; 
‘‘(3) engage in any predatory practice designed to eliminate 
the participation, or deny the entry, in a particular trade of 
a common carrier not a member of the conference, a group 
of common carriers, an ocean tramp, or a bulk carrier; 
‘‘(4) negotiate with a non-ocean carrier or group of non-
ocean carriers (such as truck, rail, or air operators) on any 
matter relating to rates or services provided to ocean common 
carriers within the United States by those non-ocean carriers, 
unless the negotiations and any resulting agreements are not 
in violation of the antitrust laws and are consistent with the 
purposes of this part, except that this paragraph does not 
prohibit the setting and publishing of a joint through rate 
by a conference, joint venture, or association of ocean common 
carriers; 
‘‘(5) deny in the export foreign commerce of the United 
States compensation to an ocean freight forwarder or limit 
that compensation to less than a reasonable amount; 
‘‘(6) allocate shippers among specific carriers that are par-
ties to the agreement or prohibit a carrier that is a party 
to the agreement from soliciting cargo from a particular shipper, 
except as—
‘‘(A) authorized by section 40303(d) of this title; 
‘‘(B) required by the law of the United States or the 
importing or exporting country; or 
‘‘(C) agreed to by a shipper in a service contract; 
‘‘(7) for service pursuant to a service contract, engage in 
any unjustly discriminatory practice in the matter of rates 
or charges with respect to any locality, port, or person due 
to the person’s status as a shippers’ association or ocean 
transportation intermediary; or 
‘‘(8) for service pursuant to a service contract, give any 
undue or unreasonable preference or advantage or impose any 
undue or unreasonable prejudice or disadvantage with respect 
to any locality, port, or person due to the person’s status as 
a shippers’ association or ocean transportation intermediary.
H. R. 1442—59
‘‘§ 41106. Marine terminal operators 
‘‘A marine terminal operator may not—
‘‘(1) agree with another marine terminal operator or with 
a common carrier to boycott, or unreasonably discriminate in 
the provision of terminal services to, a common carrier or 
ocean tramp; 
‘‘(2) give any undue or unreasonable preference or advan-
tage or impose any undue or unreasonable prejudice or dis-
advantage with respect to any person; or 
‘‘(3) unreasonably refuse to deal or negotiate. 
‘‘§ 41107. Monetary penalties 
‘‘(a) IN GENERAL.—A person that violates this part or a regula-
tion or order of the Federal Maritime Commission issued under 
this part is liable to the United States Government for a civil 
penalty. Unless otherwise provided in this part, the amount of 
the penalty may not exceed $5,000 for each violation or, if the 
violation was willfully and knowingly committed, $25,000 for each 
violation. Each day of a continuing violation is a separate violation. 
‘‘(b) LIEN ON CARRIER’S VESSELS.—The amount of a civil penalty 
imposed on a common carrier under this section constitutes a lien 
on the vessels operated by the carrier. Any such vessel is subject 
to an action in rem to enforce the lien in the district court of 
the United States for the district in which it is found. 
‘‘§ 41108. Additional penalties 
‘‘(a) SUSPENSION
OF
TARIFFS.—For a violation of section 
41104(1), (2), or (7) of this title, the Federal Maritime Commission 
may suspend any or all tariffs of the common carrier, or that 
common carrier’s right to use any or all tariffs of conferences 
of which it is a member, for a period not to exceed 12 months. 
‘‘(b) OPERATING UNDER SUSPENDED TARIFF.—A common carrier 
that accepts or handles cargo for carriage under a tariff that has 
been suspended, or after its right to use that tariff has been sus-
pended, is liable to the United States Government for a civil penalty 
of not more than $50,000 for each shipment. 
‘‘(c) FAILURE TO PROVIDE INFORMATION.—
‘‘(1) PENALTIES.—If the Commission finds, after notice and 
opportunity for a hearing, that a common carrier has failed 
to supply information ordered to be produced or compelled 
by subpoena under section 41303 of this title, the Commission 
may—
‘‘(A) suspend any or all tariffs of the carrier or the 
carrier’s right to use any or all tariffs of conferences of 
which it is a member; and 
‘‘(B) request the Secretary of Homeland Security to 
refuse or revoke any clearance required for a vessel oper-
ated by the carrier, and when so requested, the Secretary 
shall refuse or revoke the clearance. 
‘‘(2) DEFENSE BASED ON FOREIGN LAW.—If, in defense of 
its failure to comply with a subpoena or discovery order, a 
common carrier alleges that information or documents located 
in a foreign country cannot be produced because of the laws 
of that country, the Commission shall immediately notify the 
Secretary of State of the failure to comply and of the allegation 
relating to foreign laws. On receiving the notification, the Sec-
retary of State shall promptly consult with the government