‘‘(2) give any undue or unreasonable preference or advantage or im-
pose any undue or unreasonable prejudice or disadvantage 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 regulation or 
order of the Federal Maritime Commission issued under this part is liable 
to the United States Government for a civil penalty. Unless otherwise pro-
vided 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 im-
posed on a common carrier under this section constitutes a lien on the ves-
sels 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 sus-
pended, or after its right to use that tariff has been suspended, 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 oppor-
tunity for a hearing, that a common carrier has failed to supply infor-
mation 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 mem-
ber; and 
‘‘(B) request the Secretary of Homeland Security to refuse or 
revoke any clearance required for a vessel operated by the carrier, 
and when so requested, the Secretary shall refuse or revoke the 
clearance. 
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‘‘(2) DEFENSE BASED ON FOREIGN LAW.—If, in defense of its fail-
ure to comply with a subpoena or discovery order, a common carrier 
alleges that information or documents located in a foreign country can-
not 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 notifica-
tion, the Secretary of State shall promptly consult with the government 
of the nation within which the information or documents are alleged 
to be located for the purpose of assisting the Commission in obtaining 
the information or documents. 
‘‘(d) IMPAIRING ACCESS TO FOREIGN TRADE.—If the Commission finds, 
after notice and opportunity for a hearing, that the action of a common car-
rier, acting alone or in concert with another person, or a foreign government 
has unduly impaired access of a vessel documented under the laws of the 
United States to ocean trade between foreign ports, the Commission shall 
take action that it finds appropriate, including imposing any of the penalties 
authorized by this section. The Commission also may take any of the actions 
authorized by sections 42304 and 42305 of this title. 
‘‘(e) SUBMISSION OF ORDER TO PRESIDENT.—Before an order under this 
section becomes effective, it shall be submitted immediately to the President. 
The President, within 10 days after receiving it, may disapprove it if the 
President finds that disapproval is required for reasons of national defense 
or foreign policy. 
‘‘§ 41109. Assessment of penalties 
‘‘(a) GENERAL AUTHORITY.—Until a matter is referred to the Attorney 
General, the Federal Maritime Commission may, after notice and oppor-
tunity for a hearing, assess a civil penalty provided for in this part. The 
Commission may compromise, modify, or remit, with or without conditions, 
a civil penalty. 
‘‘(b) FACTORS IN DETERMINING AMOUNT.—In determining the amount 
of a civil penalty, the Commission shall take into account the nature, cir-
cumstances, extent, and gravity of the violation committed and, with respect 
to the violator, the degree of culpability, history of prior offenses, ability to 
pay, and other matters justice may require. 
‘‘(c) EXCEPTION.—A civil penalty may not be imposed for conspiracy to 
violate section 41102(a) or 41104(1) or (2) of this title or to defraud the 
Commission by concealing such a violation. 
‘‘(d) PROHIBITED BASIS OF PENALTY.—The Commission or a court may 
not order a person to pay the difference between the amount billed and 
agreed upon in writing with a common carrier or its agent and the amount 
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set forth in a tariff or service contract by that common carrier for the 
transportation service provided. 
‘‘(e) TIME LIMIT.—A proceeding to assess a civil penalty under this sec-
tion must be commenced within 5 years after the date of the violation. 
‘‘(f) REVIEW OF CIVIL PENALTY.—A person against whom a civil penalty 
is assessed under this section may obtain review under chapter 158 of title 
28. 
‘‘(g) CIVIL ACTIONS TO COLLECT.—If a person does not pay an assess-
ment of a civil penalty after it has become final or after the appropriate 
court has entered final judgment in favor of the Commission, the Attorney 
General at the request of the Commission may seek to collect the amount 
assessed in an appropriate district court of the United States. The court 
shall enforce the order of the Commission unless it finds that the order was 
not regularly made and duly issued. 
‘‘CHAPTER 413—ENFORCEMENT 
‘‘Sec. 
‘‘41301.
Complaints. 
‘‘41302.
Investigations. 
‘‘41303.
Discovery and subpoenas. 
‘‘41304.
Hearings and orders. 
‘‘41305.
Award of reparations. 
‘‘41306.
Injunctive relief sought by complainants. 
‘‘41307.
Injunctive relief sought by the Commission. 
‘‘41308.
Enforcement of subpoenas and orders. 
‘‘41309.
Enforcement of reparation orders. 
‘‘§ 41301. Complaints 
‘‘(a) IN GENERAL.—A person may file with the Federal Maritime Com-
mission a sworn complaint alleging a violation of this part, except section 
41307(b)(1). If the complaint is filed within 3 years after the claim accrues, 
the complainant may seek reparations for an injury to the complainant 
caused by the violation. 
‘‘(b) NOTICE AND RESPONSE.—The Commission shall provide a copy of 
the complaint to the person named in the complaint. Within a reasonable 
time specified by the Commission, the person shall satisfy the complaint or 
answer it in writing. 
‘‘(c) IF COMPLAINT NOT SATISFIED.—If the complaint is not satisfied, 
the Commission shall investigate the complaint in an appropriate manner 
and make an appropriate order. 
‘‘§ 41302. Investigations 
‘‘(a) IN GENERAL.—The Federal Maritime Commission, on complaint or 
its own motion, may investigate any conduct or agreement that the Commis-
sion believes may be in violation of this part. The Commission may by order 
disapprove, cancel, or modify any agreement that operates in violation of 
this part. 
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‘‘(b) EFFECTIVENESS OF AGREEMENT DURING INVESTIGATION.—Unless 
an injunction is issued under section 41306 or 41307 of this title, an agree-
ment under investigation by the Commission remains in effect until the 
Commission issues its order. 
‘‘(c) DATE FOR DECISION.—Within 10 days after the initiation of a pro-
ceeding under this section or section 41301 of this title, the Commission 
shall set a date by which it will issue its final decision. The Commission 
by order may extend the date for good cause. 
‘‘(d) SANCTIONS FOR DELAY.—If, within the period for final decision 
under subsection (c), the Commission determines that it is unable to issue 
a final decision because of undue delay caused by a party to the proceeding, 
the Commission may impose sanctions, including issuing a decision adverse 
to the delaying party. 
‘‘(e) REPORT.—The Commission shall make a written report of every in-
vestigation under this part in which a hearing was held, stating its conclu-
sions, decisions, findings of fact, and order. The Commission shall provide 
a copy of the report to all parties and publish the report for public informa-
tion. A published report is competent evidence in a court of the United 
States. 
‘‘§ 41303. Discovery and subpoenas 
‘‘(a) IN GENERAL.—In an investigation or adjudicatory proceeding under 
this part— 
‘‘(1) the Federal Maritime Commission may subpoena witnesses and 
evidence; and 
‘‘(2) a party may use depositions, written interrogatories, and dis-
covery procedures under regulations prescribed by the Commission 
that, to the extent practicable, shall conform to the Federal Rules of 
Civil Procedure (28 App. U.S.C.). 
‘‘(b) WITNESS FEES.—Unless otherwise prohibited by law, a witness is 
entitled to the same fees and mileage as in the courts of the United States. 
‘‘§ 41304. Hearings and orders 
‘‘(a) OPPORTUNITY FOR HEARING.—The Federal Maritime Commission 
shall provide an opportunity for a hearing before issuing an order relating 
to a violation of this part or a regulation prescribed under this part. 
‘‘(b) MODIFICATION OF ORDER.—The Commission may reverse, suspend, 
or modify any of its orders. 
‘‘(c) REHEARING.—On application of a party to a proceeding, the Com-
mission may grant a rehearing of the same or any matter determined in 
the proceeding. Except by order of the Commission, a rehearing does not 
operate as a stay of an order. 
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