ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 14916 — Unlawful 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

A person may provide interstate brokerage services only with the required registration, compliance, and financial security. The section lists exceptions and imposes civil liability on people and entities that knowingly permit unauthorized brokering.

(a) Prohibited Activities
A person may act as an interstate broker only if the person is registered under and complies with section 13904 and has met section 13906’s financial-security requirements.

(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 ocean movement between the United States and a foreign port; (2) a customs broker licensed under 19 C.F.R. § 111.2, but only when handling a movement under a customs bond or a transaction involving 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 engaging in activities under section 40102(3).

(c) Civil Penalties and Private Cause of Action
A person who knowingly authorizes, agrees to, or permits, directly or indirectly, alone or with others, a violation of subsection (a) is liable to the United States for up to $10,000 per violation and to the injured party for all valid claims, without an amount limit.

(d) Liable Parties
For unauthorized brokering, civil-penalty and claim liability is joint and several for each involved corporation or partnership and for its officers, directors, and principals.

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.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case