46 U.S.C. § 41103 — Disclosure of information
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 278 words · no verdicts yet
Ocean carriers and certain other shipping businesses generally cannot share private shipping details that could hurt a shipper, consignee, or carrier, or reveal a business transaction to a competitor. The section permits specified disclosures for legal process, government agencies, approved neutral bodies, and conference-agreement breach determinations or cargo-movement statistics.
(a) Prohibition: A common carrier*, marine terminal operator*, or ocean freight forwarder* - alone or with someone else, directly or indirectly - may not knowingly disclose, offer, solicit, or receive information about the type, quantity, destination, consignee, or routing of property given to a common carrier, without the shipper's or consignee's consent, if that information (1) could be used against the shipper*, consignee, or a carrier, or (2) could improperly reveal a 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 conference* agreement approved under this part, or the carrier's receiver, trustee, lessee, agent, employee, or another person the carrier authorizes to receive information, (1) may give information to the conference or a person or agency the conference designates to determine whether a shipper or consignee breached an agreement with the conference or its member lines, determine whether a conference member breached the conference agreement, or compile cargo-movement statistics; and (2) may not prevent the conference or its designee from soliciting or receiving information for any of those purposes.
A common carrier*, marine terminal operator*, 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—
may be used to the detriment or prejudice of the shipper, the consignee, or any common carrier; or
may improperly disclose its business transaction to a competitor.
Subsection (a) does not prevent providing the information—
in response to legal process;
to the Federal Maritime Commission or an agency* of the United States Government; or
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.
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 information—
may give information to the conference or any person or agency designated by the conference, for the purpose of—
determining whether a shipper or consignee has breached an agreement with the conference or its member lines;
determining whether a member of the conference has breached the conference agreement; or
compiling statistics of cargo movement; and
may not prevent the conference or its designee from soliciting or receiving information for any of those purposes.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1540.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1540
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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