The Anti-Fraud Coalition’s Post

New FMC regulation rules out carrier ‘lame excuses’ for rolling cargo The days of “lame excuses” being offered by ocean carriers for refusing to carry contracted cargo may be over. The US Federal Maritime Commission (FMC) has issued a new rule, all but prohibiting shipping lines from refusing space for booked containers and also giving shippers more protection during negotiations. https://lnkd.in/g2CtNB8z

New FMC Rule Boosts Shipper Protections! 🚢 Starting September 23, the US Federal Maritime Commission (FMC) is implementing a new rule that will prevent ocean carriers from refusing space for booked containers. This rule aims to protect shippers from unfair practices, ensuring more reliable and fair shipping operations. During the pandemic, many shippers faced unjust refusals and higher costs. With the new rule, these "lame excuses" from carriers will be a thing of the past! We're excited about this positive change and how it will benefit our valued customers. Stay tuned for more updates and feel free to reach out if you have any questions. Together, we move forward towards fair and transparent shipping! #ShippingNews #FMC #Logistics #FryWagner #ShipperProtections #FairTrade https://lnkd.in/ew_u5G8c

The Federal Maritime Commission (FMC) has frequently sided with shippers in disputes over detention and demurrage (D&D) fees but was recently overruled in appeals court, which ruled in favor of carrier Evergreen regarding fees and when they can be applied.  Shippers: be aware of this ruling, as it means no immediate relief in sight for the assessment of D&D fees, even when ports are closed. We’ll stay on top of this and let you know of further developments. #globaltrade #tradecompliance #logistics #supplychainmanagement

Evergreen won an appeal in the U.S. Court of Appeals in Washington D.C. in a case over the application of detention and demurrage fees (D&D) that could be a significant blow in the long-running battle between shippers and carriers over the hotly contested fees. While on face value the case was over $510 in fees, the court found that the Federal Maritime Commission was “illogical in its position” siding with the Taiwan-based carrier that the government regulator had a “myopic focus” and was acting in an “arbitrary and capricious” manner. The Federal Maritime Commission sought to aid in resolving the battles over D&D fees by issuing an interpretive ruling as guidance to the carriers and terminals on the appropriateness of the fees and when they can be applied. Carriers argue that the fees serve as an incentive for the speedy removal of containers and the return of equipment to aid in freight fluidity. Shippers increasingly during the pandemic and the subsequent surge in container volumes contested the charges and the unwillingness of carriers to waive fees. The FMC has received an onslaught of complaints from shippers. One of the flashpoints is the charging of fees on days when the ports or terminals were unavailable for returns. Shippers have cited being charged despite the inability during the pandemic to get return slots or they contend ever more egregiously when ports or terminals were closed. The FMC in its rulemaking focused on this and specifically the issue of whether D&D fees are incentives.

FMC Services Available During Supply Chain Challenges The Federal Maritime Commission (FMC) provides resources to help individuals and businesses address supply chain issues. The Office of Consumer Affairs and Dispute Resolution Services (CADRS) assists in resolving disputes and interruptions in cargo flow through mediation and offers guidance for resolving ocean shipment issues. If consumers believe they have been improperly charged, they can file a Charge Complaint for quick review. For monetary disputes with carriers or marine terminal operators (MTOs), formal claims can be made, which will be handled by an Administrative Law Judge or Small Claims Officer. The Bureau of Enforcement also reviews allegations of misconduct by carriers or MTOs. The FMC emphasizes that all fees, including demurrage and detention, must be reasonable, clearly defined, and comply with regulations. They are closely monitoring fees during terminal closures to ensure compliance with the Ocean Shipping Reform Act of 2022. Violations of FMC regulations can be reported, and formal complaints may be filed through the FMC’s adjudication process. The FMC continues outreach to stakeholders, ensuring regulated entities meet their responsibilities under the law. #SupplyChain #Logistics #FederalMaritimeCommission #Demurrage #Detention #DisputeResolution #OceanShipping Stay Informed: https://lnkd.in/eBzDj5jz

We hear about the successes of government seizing one shipment. What about all the shipments that got through? Imagine declaring victory by showing the one fly swatted or the one cockroach smashed. What you didn’t see is the infestation addressed. Only a free market with competing inspection, insurance and security agencies can truly address the problem.

🛳️ In this article, Athens Partner Aris Moschopoulos and Senior Associate Ioanna Gavriiloglou discuss the recent decision in Stournaras Stylianos Monoprosopi Epe v Maersk A/S that extends the duty of care on carriers in relation to representations made by third parties on bills of lading. Click here to read about the decision: https://lnkd.in/eX-Pk3za #WFW #Maritime #BillsOfLading

𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐀𝐩𝐩𝐞𝐚𝐥𝐬 𝐂𝐚𝐥𝐥𝐬 𝐅𝐌𝐂 “𝐈𝐥𝐥𝐨𝐠𝐢𝐜𝐚𝐥” 𝐀𝐰𝐚𝐫𝐝𝐢𝐧𝐠 𝐃&𝐃 𝐅𝐞𝐞 𝐖𝐢𝐧 𝐭𝐨 𝐄𝐯𝐞𝐫𝐠𝐫𝐞𝐞𝐧 Evergreen won an appeal in the U.S. Court of Appeals in Washington D.C. in a case over the application of detention and demurrage fees (D&D) that could be a significant blow in the long-running battle between shippers and carriers over the hotly contested fees. While on face value the case was over $510 in fees, the court found that the Federal Maritime Commission was “illogical in its position” siding with the Taiwan-based carrier that the government regulator had a “myopic focus” and was acting in an “arbitrary and capricious” manner. The Federal Maritime Commission sought to aid in resolving the battles over D&D fees by issuing an interpretive ruling as guidance to the carriers and terminals on the appropriateness of the fees and when they can be applied. Carriers argue that the fees serve as an incentive for the speedy removal of containers and the return of equipment to aid in freight fluidity. Shippers increasingly during the pandemic and the subsequent surge in container volumes contested the charges and the unwillingness of carriers to waive fees. The FMC has received an onslaught of complaints from shippers. One of the flashpoints is the charging of fees on days when the ports or terminals were unavailable for returns. Shippers have cited being charged despite the inability during the pandemic to get return slots or they contend ever more egregiously when ports or terminals were closed. The FMC in its rulemaking focused on this and specifically the issue of whether D&D fees are incentives.

There are new regulations in place from the U.S. Federal Maritime Commission (FMC) that are designed to prevent ocean carriers from refusing to transport cargo on the basis of “lame excuses.” The regulations are set to be implemented on September 23 in the hopes of protecting shippers and ensuring carriers honor their contracts. Carriers are opposed to the new move, however, it is backed by various retail and shippers and stakeholders. #thefreightarchitects #jaguarfreight #logistics

There are new regulations in place from the U.S. Federal Maritime Commission (FMC) that are designed to prevent ocean carriers from refusing to transport cargo on the basis of “lame excuses.” The regulations are set to be implemented on September 23 in the hopes of protecting shippers and ensuring carriers honor their contracts. Carriers are opposed to the new move, however, it is backed by various retail and shippers and stakeholders. #thefreightarchitects #jaguarfreight #logistics