46 U.S.C. § 41108 — Additional penalties
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 475 words · no verdicts yet
The Commission can suspend an ocean carrier's tariffs for up to 12 months for certain violations, fine carriers for using a suspended tariff or withholding subpoenaed information, protect U.S. vessels' access to foreign trade, and must send its orders to the President for possible disapproval.
(a) Suspension of Tariffs: For a violation of section 41104(a) paragraph (1), (2), or (7), the Federal Maritime Commission may suspend some or all of the carrier's tariffs, or its right to use tariffs of any conference* it belongs to, for up to 12 months.
(b) Operating Under Suspended Tariff: A common carrier* that carries cargo under a suspended tariff, or after losing the right to use that tariff, owes the U.S. government a civil penalty of up to $50,000 per shipment*.
(c) Failure To Provide Information: (1) If, after notice and a hearing, the Commission finds a common carrier failed to hand over information ordered or subpoenaed under section 41303, the Commission may suspend the carrier's tariffs (or conference tariff rights) and ask the Secretary of Homeland Security to refuse or revoke the carrier's vessel* clearance - and the Secretary must then do so. (2) If the carrier says it can't comply because of another country's laws, the Commission must immediately tell the Secretary of State*, who must promptly work with that country's government to help the Commission get the information.
(d) Impairing Access to Foreign Trade: If, after notice and a hearing, the Commission finds that a carrier (alone or with someone else) or a foreign government has unfairly blocked a U.S.-flagged vessel's access to ocean trade between foreign ports, the Commission must take appropriate action, including any penalty allowed under this section, or actions allowed under sections 42304 and 42305.
(e) Submission of Order to President: Before an order under this section takes effect, it must go to the President immediately. The President has 10 days to disapprove it, but only for reasons of national defense or foreign policy.
For a violation of paragraph (1), (2), or (7) of section 41104(a) 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.
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 suspended, is liable to the United States Government for a civil penalty of not more than $50,000 for each shipment*.
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—
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
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.
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 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.
If the Commission finds, after notice and opportunity for a hearing, that the action of a common carrier, 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.
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.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1543; Pub. L. 117–146, § 15(a), June 16, 2022, 136 Stat. 1279.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1543
- 2022Amended · Pub. L. 117-146 · 136 Stat. 1279
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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