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49 U.S.C. § 14916Unlawful brokerage activities

submitted 14 years ago by Pub. L. 112-141 to r/title-49-TRANSPORTATION · 315 words · no verdicts yet

in plain englishAI-generated · not legal advice

Only registered, financially secured brokers may arrange interstate freight transportation, with narrow exceptions for certain ocean, customs, and air carriers. Violators owe the government up to $10,000 per violation and owe injured parties their full losses. A company and its individual officers can all be held liable together.

(a) Prohibited Activities. A person may provide interstate brokerage services as a broker only if that person (1) is registered under, and follows, section 13904; and (2) meets the financial security requirements in section 13906. (b) Exceptions. This rule does not apply to: (1) a non-vessel-operating common carrier or ocean freight forwarder (as defined in section 40102 of title 46), when arranging inland transportation as part of an international shipment that also involves ocean transport between the U.S. and a foreign port; (2) a customs broker licensed under 19 C.F.R. § 111.2, but only when doing customs work under a customs bond or handling "customs business" as defined in 19 C.F.R. § 111.1; or (3) an indirect air carrier with a Transportation Security Administration-approved Standard Security Program, but only when acting as an air carrier under section 40102(2) or doing the activities defined in section 40102(3). (c) Civil Penalties and Private Cause of Action. Anyone who knowingly authorizes, agrees to, or permits a violation of subsection (a) — alone or together with someone else — is liable (1) to the U.S. government, for a civil penalty of up to $10,000 per violation; and (2) to the injured party, for the full amount of their valid claims, with no dollar limit. (d) Liable Parties. Liability for these civil penalties and claims applies jointly and severally to (1) any corporation or partnership involved, and (2) the individual officers, directors, and principals of that entity.
the actual law source: uscode.house.gov ↗public domain
(a)Prohibited Activities.—

A person may provide interstate brokerage services as a broker only if that person—

(1)

is registered under, and in compliance with, section 13904; and

(2)

has satisfied the financial security requirements under section 13906.

(b)Exceptions.—

Subsection (a) shall not apply to—

(1)

a non-vessel-operating common carrier (as defined in section 40102 of title 46) or an ocean freight forwarder (as defined in section 40102 of title 46) when arranging for inland transportation as part of an international through movement involving ocean transportation between the United States and a foreign port;

(2)

a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a customs bond or in a transaction involving customs business, as defined by section 111.1 of title 19, Code of Federal Regulations; or

(3)

an indirect air carrier holding a Standard Security Program approved by the Transportation Security Administration, only to the extent that the indirect air carrier is engaging in the activities as an air carrier as defined in section 40102(2) or in the activities defined in section 40102(3).

(c)Civil Penalties and Private Cause of Action.—

Any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of subsection (a) is liable—

(1)

to the United States Government for a civil penalty in an amount not to exceed $10,000 for each violation; and

(2)

to the injured party for all valid claims incurred without regard to amount.

(d)Liable Parties.—

The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally—

(1)

to any corporate entity or partnership involved; and

(2)

to the individual officers, directors, and principals of such entities.

Source credit: (Added Pub. L. 112–141, div. C, title II, § 32919(a), July 6, 2012, 126 Stat. 827; amended Pub. L. 114–94, div. A, title V, § 5508(a)(5), Dec. 4, 2015, 129 Stat. 1554.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-141 · 126 Stat. 827
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1554

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-141 on 2012-07-06.

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