46 U.S.C. § 40904 — Compensation by common carriers

(a) Certification of License and Services A common carrier may only pay an ocean freight forwarder for handling someone else's shipment if the forwarder has certified, in writing, that it holds an ocean transportation intermediary's license (when one is required under section 40901) and that it has (1) directly booked, reserved, or contracted for space on a vessel — or confirmed that space is available — and (2) prepared and processed the ocean bill of lading, dock receipt, or similar shipping document. (b) Dual Compensation A carrier cannot pay for these services more than once on the same shipment. (c) Beneficial Interest Shipments A forwarder cannot be paid by a carrier for a shipment in which the forwarder has a direct or indirect financial interest, and a carrier cannot knowingly pay compensation on such a shipment. (d) Limits on Authority of Conference or Group A conference or group of two or more ocean common carriers that's allowed to agree on forwarder pay rates cannot (1) stop a member from taking independent action on forwarder pay, as long as the member gives 5 days' notice; or (2) agree to pay forwarders less than 1.25 percent of the total tariff rates and charges assessed on the cargo the forwarder handled.