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‘‘(3) MAXIMUM SUSPENSION.—A period of suspension under this 
subsection may not exceed 180 days. 
‘‘(e) REPLACEMENT DURING SUSPENSION.—Whenever the Commission 
has suspended a rate, charge, classification, rule, or regulation under this 
section, the controlled carrier may publish a new rate, charge, classification, 
rule, or regulation to take effect immediately during the suspension in lieu 
of the suspended rate, charge, classification, rule, or regulation. However, 
the Commission may reject the new rate, charge, classification, rule, or reg-
ulation if the Commission believes it is unjust and unreasonable. 
‘‘§ 40705. Presidential review of Commission orders 
‘‘(a) TRANSMISSION TO PRESIDENT.—The Federal Maritime Commission 
shall transmit to the President, concurrently with publication thereof, each 
order of suspension or final order of prohibition issued under section 40704 
of this title. 
‘‘(b) PRESIDENTIAL REQUEST
AND COMMISSION ACTION.—Within 10 
days after receipt or the effective date of a Commission order referred to 
in subsection (a), the President, in writing, may request the Commission to 
stay the effect of the order if the President finds that the stay is required 
for reasons of national defense or foreign policy. The reasons shall be speci-
fied in the request. The Commission shall immediately grant the request by 
issuing an order in which the President’s request shall be described. During 
a stay, the President shall, whenever practicable, attempt to resolve the 
matter by negotiating with representatives of the applicable foreign govern-
ments. 
‘‘§ 40706. Exceptions 
‘‘This chapter does not apply to— 
‘‘(1) a controlled carrier of a foreign country whose vessels are enti-
tled by a treaty of the United States to receive national or most-fa-
vored-nation treatment; or 
‘‘(2) a trade served only by controlled carriers. 
‘‘CHAPTER 409—OCEAN TRANSPORTATION 
INTERMEDIARIES 
‘‘Sec. 
‘‘40901.
License requirement. 
‘‘40902.
Financial responsibility. 
‘‘40903.
Suspension or revocation of license. 
‘‘40904.
Compensation by common carriers. 
‘‘§ 40901. License requirement 
‘‘(a) IN GENERAL.—A person in the United States may not act as an 
ocean transportation intermediary unless the person holds an ocean trans-
portation intermediary’s license issued by the Federal Maritime Commis-
sion. The Commission shall issue a license to a person that the Commission
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determines to be qualified by experience and character to act as an ocean 
transportation intermediary. 
‘‘(b) EXCEPTION.—A person whose primary business is the sale of mer-
chandise may forward shipments of the merchandise for its own account 
without an ocean transportation intermediary’s license. 
‘‘§ 40902. Financial responsibility 
‘‘(a) IN GENERAL.—A person may not act as an ocean transportation 
intermediary unless the person furnishes a bond, proof of insurance, or 
other surety— 
‘‘(1) in a form and amount determined by the Federal Maritime 
Commission to insure financial responsibility; and 
‘‘(2) issued by a surety company found acceptable by the Secretary 
of the Treasury. 
‘‘(b) SCOPE
OF FINANCIAL RESPONSIBILITY.—A bond, insurance, or 
other surety obtained under this section— 
‘‘(1) shall be available to pay any penalty assessed under section 
41109 of this title or any order for reparation issued under section 
41305 of this title; 
‘‘(2) may be available to pay any claim against an ocean transpor-
tation intermediary arising from its transportation-related activities— 
‘‘(A) with the consent of the insured ocean transportation inter-
mediary and subject to review by the surety company; or 
‘‘(B) when the claim is deemed valid by the surety company 
after the ocean transportation intermediary has failed to respond 
to adequate notice to address the validity of the claim; and 
‘‘(3) shall be available to pay any judgment for damages against an 
ocean transportation intermediary arising from its transportation-re-
lated activities, if the claimant has first attempted to resolve the claim 
under paragraph (2) and the claim has not been resolved within a rea-
sonable period of time. 
‘‘(c) REGULATIONS ON COURT JUDGMENTS.—The Commission shall pre-
scribe regulations for the purpose of protecting the interests of claimants, 
ocean transportation intermediaries, and surety companies with respect to 
the process of pursuing claims against ocean transportation intermediary 
bonds, insurance, or sureties through court judgments. The regulations shall 
provide that a judgment for monetary damages may not be enforced except 
to the extent that the damages claimed arise from the transportation-related 
activities of the insured ocean transportation intermediary, as defined by the 
Commission. 
‘‘(d) RESIDENT AGENT.—An ocean transportation intermediary not domi-
ciled in the United States shall designate a resident agent in the United
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States for receipt of service of judicial and administrative process, including 
subpoenas. 
‘‘§ 40903. Suspension or revocation of license 
‘‘(a) FAILURE TO MAINTAIN QUALIFICATIONS OR TO COMPLY.—The 
Federal Maritime Commission, after notice and opportunity for a hearing, 
shall suspend or revoke an ocean transportation intermediary’s license if the 
Commission finds that the ocean transportation intermediary— 
‘‘(1) is not qualified to provide intermediary services; or 
‘‘(2) willfully failed to comply with a provision of this part or with 
an order or regulation of the Commission. 
‘‘(b) FAILURE TO MAINTAIN BOND, PROOF OF INSURANCE, OR OTHER 
SURETY.—The 
Commission 
may 
revoke 
an 
ocean 
transportation 
intermediary’s license for failure to maintain a bond, proof of insurance, or 
other surety as required by section 40902(a) of this title. 
‘‘§ 40904. Compensation by common carriers 
‘‘(a) CERTIFICATION OF LICENSE AND SERVICES.—A common carrier 
may compensate an ocean freight forwarder for a shipment dispatched for 
others only when the ocean freight forwarder has certified in writing that 
it holds an ocean transportation intermediary’s license (if required under 
section 40901 of this title) and has— 
‘‘(1) engaged, booked, secured, reserved, or contracted directly with 
the carrier or its agent for space aboard a vessel or confirmed the 
availability of the space; and 
‘‘(2) prepared and processed the ocean bill of lading, dock receipt, 
or other similar document for the shipment. 
‘‘(b) DUAL COMPENSATION.—A common carrier may not pay compensa-
tion for services described in subsection (a) more than once on the same 
shipment. 
‘‘(c) BENEFICIAL INTEREST SHIPMENTS.—An ocean freight forwarder 
may not receive compensation from a common carrier for a shipment in 
which the ocean freight forwarder has a direct or indirect beneficial interest. 
A common carrier may not knowingly pay compensation on that shipment. 
‘‘(d) LIMITS ON AUTHORITY OF CONFERENCE OR GROUP.—A conference 
or group of two or more ocean common carriers in the foreign commerce 
of the United States that is authorized to agree on the level of compensation 
paid to an ocean freight forwarder may not— 
‘‘(1) deny a member of the conference or group the right, upon no-
tice of not more than 5 days, to take independent action on any level 
of compensation paid to an ocean freight forwarder; or 
‘‘(2) agree to limit the payment of compensation to an ocean freight 
forwarder to less than 1.25 percent of the aggregate of all rates and
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charges applicable under a tariff and assessed against the cargo on 
which the services of the ocean freight forwarder are provided. 
‘‘CHAPTER 411—PROHIBITIONS AND PENALTIES 
‘‘Sec. 
‘‘41101.
Joint ventures and consortiums. 
‘‘41102.
General prohibitions. 
‘‘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 car-
rier. 
‘‘§ 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 agree-
ment or any modifications to the agreement made by the Federal Mari-
time Commission. 
‘‘(c) PRACTICES IN HANDLING PROPERTY.—A common carrier, marine 
terminal operator, or ocean transportation intermediary may not fail to es-
tablish, observe, and enforce just and reasonable regulations and practices 
relating to or connected with receiving, handling, storing, or delivering prop-
erty. 
‘‘§ 41103. Disclosure of information 
‘‘(a) PROHIBITION.—A common carrier, marine terminal operator, or 
ocean freight forwarder, either alone or in conjunction with any other per-
son, directly or indirectly, may not knowingly disclose, offer, solicit, or re-
ceive 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 informa-
tion—
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‘‘(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 compet-
itor. 
‘‘(b) EXCEPTIONS.—Subsection (a) does not prevent providing the infor-
mation— 
‘‘(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 agree-
ment effective under this part. 
‘‘(c) DISCLOSURE FOR DETERMINING BREACH OR COMPILING STATIS-
TICS.—An ocean common carrier that is a party to a conference agreement 
approved under this part, a receiver, trustee, lessee, agent, or employee of 
the carrier, or any other person authorized by the carrier to receive informa-
tion— 
‘‘(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, classifications, 
rules, and practices contained in a tariff published or a service 
contract entered into under chapter 405 of this title, unless ex-
cepted or exempted under section 40103 or 40501(a)(2) of this 
title; or
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‘‘(B) under a tariff or service contract that has been suspended 
or prohibited by the Federal Maritime Commission 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 complaint, 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 undue or unrea-
sonable 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, in-
surance, 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 re-
quired 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—
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‘‘(1) boycott or take any other concerted action resulting in an un-
reasonable refusal to deal; 
‘‘(2) engage in conduct that unreasonably restricts the use of inter-
modal services or technological innovations; 
‘‘(3) engage in any predatory practice designed to eliminate the par-
ticipation, 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 car-
riers (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 re-
sulting 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 com-
pensation to an ocean freight forwarder or limit that compensation to 
less than a reasonable amount; 
‘‘(6) allocate shippers among specific carriers that are parties 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 un-
justly discriminatory practice in the matter of rates or charges with re-
spect 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 unrea-
sonable 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. 
‘‘§ 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 ter-
minal services to, a common carrier or ocean tramp;
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‘‘(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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‘‘(d) PERIOD OF EFFECTIVENESS.—An order of the Commission remains 
in effect for the period specified in the order or until suspended, modified, 
or set aside by the Commission or a court of competent jurisdiction. 
‘‘§ 41305. Award of reparations 
‘‘(a) DEFINITION.—In this section, the term ‘actual injury’ includes the 
loss of interest at commercial rates compounded from the date of injury. 
‘‘(b) BASIC AMOUNT.—If the complaint was filed within the period speci-
fied in section 41301(a) of this title, the Federal Maritime Commission shall 
direct the payment of reparations to the complainant for actual injury 
caused by a violation of this part, plus reasonable attorney fees. 
‘‘(c) ADDITIONAL AMOUNTS.—On a showing that the injury was caused 
by an activity prohibited by section 41102(b), 41104(3) or (6), or 41105(1) 
or (3) of this title, the Commission may order the payment of additional 
amounts, but the total recovery of a complainant may not exceed twice the 
amount of the actual injury. 
‘‘(d) DIFFERENCE BETWEEN RATES.—If the injury was caused by an ac-
tivity prohibited by section 41104(4)(A) or (B) of this title, the amount of 
the injury shall be the difference between the rate paid by the injured ship-
per and the most favorable rate paid by another shipper. 
‘‘§ 41306. Injunctive relief sought by complainants 
‘‘(a) IN GENERAL.—After filing a complaint with the Federal Maritime 
Commission under section 41301 of this title, the complainant may bring 
a civil action in a district court of the United States to enjoin conduct in 
violation of this part. 
‘‘(b) VENUE.—The action must be brought in the judicial district in 
which— 
‘‘(1) the Commission has brought a civil action against the defendant 
under section 41307(a) of this title; or 
‘‘(2) the defendant resides or transacts business, if the Commission 
has not brought such an action. 
‘‘(c) REMEDIES BY COURT.—After notice to the defendant, and a showing 
that the standards for granting injunctive relief by courts of equity are met, 
the court may grant a temporary restraining order or preliminary injunction 
for a period not to exceed 10 days after the Commission has issued an order 
disposing of the complaint. 
‘‘(d) ATTORNEY FEES.—A defendant prevailing in a civil action under 
this section shall be allowed reasonable attorney fees to be assessed and col-
lected as part of the costs of the action. 
‘‘§ 41307. Injunctive relief sought by the Commission 
‘‘(a) GENERAL VIOLATIONS.—In connection with an investigation under 
section 41301 or 41302 of this title, the Federal Maritime Commission may
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bring a civil action to enjoin conduct in violation of this part. The action 
must be brought in the district court of the United States for any judicial 
district in which the defendant resides or transacts business. After notice 
to the defendant, and a showing that the standards for granting injunctive 
relief by courts of equity are met, the court may grant a temporary restrain-
ing order or preliminary injunction for a period not to exceed 10 days after 
the Commission has issued an order disposing of the issues under investiga-
tion. 
‘‘(b) REDUCTION IN COMPETITION.— 
‘‘(1) ACTION BY COMMISSION.—If, at any time after the filing or ef-
fective date of an agreement under chapter 403 of this title, the Com-
mission determines that the agreement is likely, by a reduction in com-
petition, to produce an unreasonable reduction in transportation service 
or an unreasonable increase in transportation cost, the Commission, 
after notice to the person filing the agreement, may bring a civil action 
in the United States District Court for the District of Columbia to en-
join the operation of the agreement. The Commission’s sole remedy 
with respect to an agreement likely to have such an effect is an action 
under this subsection. 
‘‘(2) REMEDIES BY COURT.—In an action under this subsection, the 
court may issue— 
‘‘(A) a temporary restraining order or a preliminary injunction; 
and 
‘‘(B) a permanent injunction after a showing that the agree-
ment is likely to have the effect described in paragraph (1). 
‘‘(3) BURDEN OF PROOF AND THIRD PARTIES.—In an action under 
this subsection, the burden of proof is on the Commission. The court 
may not allow a third party to intervene. 
‘‘(c) FAILURE TO PROVIDE INFORMATION.—If a person filing an agree-
ment, or an officer, director, partner, agent, or employee of the person, fails 
substantially to comply with a request for the submission of additional infor-
mation or documents within the period provided in section 40304(c) of this 
title, the Commission may bring a civil action in the United States District 
Court for the District of Columbia. At the request of the Commission, the 
Court— 
‘‘(1) may order compliance; 
‘‘(2) shall extend the period specified in section 40304(c)(2) of this 
title until there has been substantial compliance; and 
‘‘(3) may grant other equitable relief that the court decides is appro-
priate.
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‘‘(d) REPRESENTATION.—The Commission may represent itself in a pro-
ceeding under this section in— 
‘‘(1) a district court of the United States, on notice to the Attorney 
General; and 
‘‘(2) a court of appeals of the United States, with the approval of 
the Attorney General. 
‘‘§ 41308. Enforcement of subpoenas and orders 
‘‘(a) CIVIL ACTION.—If a person does not comply with a subpoena or 
order of the Federal Maritime Commission, the Attorney General, at the re-
quest of the Commission, or an injured party, may seek enforcement in a 
district court of the United States having jurisdiction over the parties. If, 
after hearing, the court determines that the subpoena or order was regularly 
made and duly issued, the court shall enforce the subpoena or order. 
‘‘(b) TIME LIMIT ON BRINGING ACTIONS.—An action under this section 
to enforce an order of the Commission must be brought within 3 years after 
the date the order was violated. 
‘‘§ 41309. Enforcement of reparation orders 
‘‘(a) CIVIL ACTION.—If a person does not comply with an order of the 
Federal Maritime Commission for the payment of reparation, the person to 
whom the award was made may seek enforcement of the order in a district 
court of the United States having jurisdiction over the parties. 
‘‘(b) PARTIES AND SERVICE OF PROCESS.—All parties in whose favor the 
Commission has made an award of reparation by a single order may be 
joined as plaintiffs, and all other parties in the order may be joined as de-
fendants, in a single action in a judicial district in which any one plaintiff 
could maintain an action against any one defendant. Service of process 
against a defendant not found in that district may be made in a district 
in which any office of that defendant is located or in which any port of call 
on a regular route operated by that defendant is located. Judgment may 
be entered for any plaintiff against the defendant liable to that plaintiff. 
‘‘(c) NATURE OF REVIEW.—In an action under this section, the findings 
and order of the Commission are prima facie evidence of the facts stated 
in the findings and order. 
‘‘(d) COSTS AND ATTORNEY FEES.—The plaintiff is not liable for costs 
of the action or for costs of any subsequent stage of the proceedings unless 
they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed 
reasonable attorney fees to be assessed and collected as part of the costs 
of the action. 
‘‘(e) TIME LIMIT ON BRINGING ACTIONS.—An action under this section 
to enforce an order of the Commission must be brought within 3 years after 
the date the order was violated.
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‘‘PART B—ACTIONS TO ADDRESS FOREIGN PRACTICES 
‘‘CHAPTER 421—REGULATIONS AFFECTING SHIPPING IN 
FOREIGN TRADE 
‘‘Sec. 
‘‘42101.
Regulations of the Commission. 
‘‘42102.
Regulations of other agencies. 
‘‘42103.
No preference to Government-owned vessels. 
‘‘42104.
Information, witnesses, and evidence. 
‘‘42105.
Disclosure to public. 
‘‘42106.
Other actions to remedy unfavorable conditions. 
‘‘42107.
Refusal of clearance and entry. 
‘‘42108.
Penalty for operating under suspended tariff or service contract. 
‘‘42109.
Consultation with other agencies. 
‘‘§ 42101. Regulations of the Commission 
‘‘(a) UNFAVORABLE CONDITIONS.—To further the objectives and policy 
set forth in section 50101 of this title, the Federal Maritime Commission 
shall prescribe regulations affecting shipping in foreign trade, not in conflict 
with law, to adjust or meet general or special conditions unfavorable to ship-
ping in foreign trade, whether in a particular trade or on a particular route 
or in commerce generally, including intermodal movements, terminal oper-
ations, cargo solicitation, agency services, ocean transportation intermediary 
services and operations, and other activities and services integral to trans-
portation systems, and which arise out of or result from laws or regulations 
of a foreign country or competitive methods, pricing practices, or other 
practices employed by owners, operators, agents, or masters of vessels of a 
foreign country. 
‘‘(b) INITIATION OF REGULATION.—A regulation under subsection (a) 
may be initiated by the Commission on its own motion or on the petition 
of any person, including another component of the United States Govern-
ment. 
‘‘§ 42102. Regulations of other agencies 
‘‘(a) REQUEST TO AGENCY.—To further the objectives and policy set 
forth in section 50101 of this title, the Federal Maritime Commission shall 
request the head of a department, agency, or instrumentality of the United 
States Government to suspend, modify, or annul any existing regulations, 
or to make new regulations, affecting shipping in the foreign trade, except 
regulations relating to the Public Health Service, the Consular Service, or 
the inspection of vessels. 
‘‘(b) PRIOR REVIEW AND APPROVAL.—A department, agency, or instru-
mentality of the Government may not prescribe a regulation affecting ship-
ping in the foreign trade (except a regulation affecting the Public Health 
Service, the Consular Service, or the inspection of vessels) until the regula-
tion has been submitted to the Commission for its approval and final action 
has been taken by the Commission or the President.
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‘‘(c) SUBMISSION TO PRESIDENT.—If the head of a department, agency, 
or instrumentality of the Government refuses to comply with a request 
under subsection (a) or objects to a decision of the Commission under sub-
section (b), the Commission or the head of the department, agency, or in-
strumentality may submit the facts to the President. The President may es-
tablish, suspend, modify, or annul the regulation. 
‘‘§ 42103. No preference to Government-owned vessels 
‘‘A regulation may not give a vessel owned by the United States Govern-
ment a preference over a vessel owned by citizens of the United States and 
documented under the laws of the United States. 
‘‘§ 42104. Information, witnesses, and evidence 
‘‘(a) ORDER TO SUPPLY INFORMATION.—In carrying out section 42101 
of this title, the Federal Maritime Commission may order any person (in-
cluding a common carrier, tramp operator, bulk operator, shipper, shippers’ 
association, ocean transportation intermediary, or marine terminal operator, 
or an officer, receiver, trustee, lessee, agent, or employee thereof) to file 
with the Commission a report, answers to questions, documentary material, 
or other information the Commission considers necessary or appropriate. 
The Commission may require the response to any such order to be made 
under oath. The response shall be provided in the form and within the time 
specified by the Commission. 
‘‘(b) SUBPOENAS AND DISCOVERY.—In carrying out section 42101 of this 
title, the Commission may— 
‘‘(1) subpoena witnesses and evidence; and 
‘‘(2) authorize a party to use depositions, written interrogatories, 
and discovery procedures that, to the extent practicable, conform to the 
Federal Rules of Civil Procedure (28 App. U.S.C.). 
‘‘(c) WITNESS FEES.—Unless otherwise prohibited by law, and subject to 
funds being appropriated, a witness in a proceeding under section 42101 
of this title is entitled to the same fees and mileage as in the courts of the 
United States. 
‘‘(d) PENALTIES.—For failure to supply information ordered to be pro-
duced or compelled by subpoena under this section, the Commission may— 
‘‘(1) after notice and opportunity for a hearing, suspend tariffs and 
service contracts of a common carrier or the common carrier’s right to 
use tariffs of conferences and service contracts of agreements of which 
it is a member; or 
‘‘(2) assess a civil penalty of not more than $5,000 for each day that 
the information is not provided. 
‘‘(e) ENFORCEMENT.—If a person does not comply with an order or sub-
poena of the Commission under this section, the Commission may seek en-
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forcement in a district court of the United States having jurisdiction over 
the parties. If, after hearing, the court determines that the order or sub-
poena was regularly made and duly issued, the court shall enforce the order 
or subpoena. 
‘‘§ 42105. Disclosure to public 
‘‘Notwithstanding any other provision of law, the Federal Maritime Com-
mission may refuse to disclose to the public a response or other information 
submitted to it under this chapter. 
‘‘§ 42106. Other actions to remedy unfavorable conditions 
‘‘If the Federal Maritime Commission finds that conditions unfavorable 
to shipping in foreign trade as described in section 42101 of this title exist, 
the Commission may— 
‘‘(1) limit voyages to and from United States ports or the amount 
or type of cargo carried; 
‘‘(2) suspend, in whole or in part, tariffs and service contracts for 
carriage to or from United States ports, including a common carrier’s 
right to use tariffs of conferences and service contracts of agreements 
in United States trades of which it is a member for any period the 
Commission specifies; 
‘‘(3) suspend, in whole or in part, an ocean common carrier’s right 
to operate under any agreement filed with the Commission, including 
any agreement authorizing preferential treatment at terminals, pref-
erential terminal leases, space chartering, or pooling of cargo or rev-
enue with other ocean common carriers; 
‘‘(4) impose a fee not to exceed $1,000,000 per voyage; or 
‘‘(5) take any other action the Commission finds necessary and ap-
propriate to adjust or meet any condition unfavorable to shipping in 
the foreign trade of the United States. 
‘‘§ 42107. Refusal of clearance and entry 
‘‘At the request of the Federal Maritime Commission— 
‘‘(1) the Secretary of Homeland Security shall— 
‘‘(A) refuse the clearance required by section 60105 of this title 
to a vessel of a country that is named in a regulation prescribed 
by the Commission under section 42101 of this title; and 
‘‘(B) collect any fees imposed by the Commission under section 
42106(4) of this title; and 
‘‘(2) the Secretary of the department in which the Coast Guard is 
operating shall— 
‘‘(A) deny entry, for purposes of oceanborne trade, of a vessel 
of a country that is named in a regulation prescribed by the Com-
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mission under section 42101 of this title, to a port or place in the 
United States or the navigable waters of the United States; or 
‘‘(B) detain the vessel at the port or place in the United States 
from which it is about to depart for another port or place in the 
United States. 
‘‘§ 42108. Penalty for operating under suspended tariff or 
service contract 
‘‘A common carrier that accepts or handles cargo for carriage under a 
tariff or service contract that has been suspended under section 42104(d)(1) 
or 42106(2) of this title, or after its right to use another tariff or service 
contract has been suspended under those provisions, is liable to the United 
States Government for a civil penalty of not more than $50,000 for each 
day that it is found to be operating under a suspended tariff or service con-
tract. 
‘‘§ 42109. Consultation with other agencies 
‘‘The Federal Maritime Commission may consult with, seek the coopera-
tion of, or make recommendations to other appropriate agencies of the 
United States Government prior to taking any action under this chapter. 
‘‘CHAPTER 423—FOREIGN SHIPPING PRACTICES 
‘‘Sec. 
‘‘42301.
Definitions. 
‘‘42302.
Investigations. 
‘‘42303.
Information requests. 
‘‘42304.
Action against foreign carriers. 
‘‘42305.
Refusal of clearance and entry. 
‘‘42306.
Submission of determinations to President. 
‘‘42307.
Review of regulations and orders. 
‘‘§ 42301. Definitions 
‘‘(a) DEFINED IN PART A.—In this chapter, the terms ‘common carrier’, 
‘marine terminal operator’, ‘ocean common carrier’, ‘ocean transportation 
intermediary’, ‘shipper’, and ‘shippers’ association’ have the meaning given 
those terms in section 40102 of this title. 
‘‘(b) OTHER DEFINITIONS.—In this chapter: 
‘‘(1) FOREIGN CARRIER.—The term ‘foreign carrier’ means an ocean 
common carrier a majority of whose vessels are documented under the 
laws of a foreign country. 
‘‘(2) MARITIME
SERVICES.—The term ‘maritime services’ means 
port-to-port transportation of cargo by vessels operated by an ocean 
common carrier. 
‘‘(3) MARITIME-RELATED
SERVICES.—The term ‘maritime-related 
services’ means intermodal operations, terminal operations, cargo solici-
tation, agency services, ocean transportation intermediary services and 
operations, and all other activities and services integral to total trans-
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portation systems of ocean common carriers and their foreign domiciled 
affiliates for themselves and others. 
‘‘(4) UNITED STATES CARRIER.—The term ‘United States carrier’ 
means an ocean common carrier operating vessels documented under 
the laws of the United States. 
‘‘(5) UNITED
STATES
OCEANBORNE
TRADE.—The term ‘United 
States oceanborne trade’ means the carriage of cargo between the 
United States and a foreign country, whether directly or indirectly, by 
an ocean common carrier. 
‘‘§ 42302. Investigations 
‘‘(a) IN GENERAL.—The Federal Maritime Commission shall investigate 
whether any laws, rules, regulations, policies, or practices of a foreign gov-
ernment, or any practices of a foreign carrier or other person providing 
maritime or maritime-related services in a foreign country, result in the ex-
istence of conditions that— 
‘‘(1) adversely affect the operations of United States carriers in 
United States oceanborne trade; and 
‘‘(2) do not exist for foreign carriers of that country in the United 
States under the laws of the United States or as a result of acts of 
United States carriers or other persons providing maritime or mari-
time-related services in the United States. 
‘‘(b) INITIATION OF INVESTIGATION.—An investigation under subsection 
(a) may be initiated by the Commission on its own motion or on the petition 
of any person, including another component of the United States Govern-
ment. 
‘‘(c) TIME FOR DECISION.—The Commission shall complete an investiga-
tion under this section and render a decision within 120 days after it is ini-
tiated. However, the Commission may extend this 120-day period for an ad-
ditional 90 days if the Commission is unable to obtain sufficient information 
to determine whether a condition specified in subsection (a) exists. A notice 
providing an extension shall state clearly the reasons for the extension. 
‘‘§ 42303. Information requests 
‘‘(a) IN GENERAL.—To further the purposes of section 42302(a) of this 
title, the Federal Maritime Commission may order any person (including a 
common carrier, shipper, shippers’ association, ocean transportation inter-
mediary, or marine terminal operator, or an officer, receiver, trustee, lessee, 
agent or employee thereof) to file with the Commission any periodic or spe-
cial report, answers to questions, documentary material, or other informa-
tion the Commission considers necessary or appropriate. The Commission 
may require the response to any such order to be made under oath. The