The U.S. Federal Maritime Commission (FMC) investigated potential violations of the Shipping Act and its regulations and hit Maersk with civil penalty ruling.
Recently, the Commission concluded a compromise agreement with Maersk A/S resulting in $1.9 million in a civil penalty. The case involved allegations that Maersk violated the Shipping Act by applying detention charges under its service contracts and tariffs to third parties that had not agreed to be bound by the terms of its bills of lading, service contracts, or tariffs.
As part of the agreement, Maersk committed to ending this practice and strengthening compliance by revising its U.S. tariff rules. This includes limiting the definition of “merchant” in its bills of lading to shippers, consignees and other parties with a beneficial interest in the cargo, in line with Commission regulations.
In addition to paying the civil penalty, Maersk will issue refunds and waivers to affected third parties. As stated, while the company did not admit to any violations of the Shipping Act or related regulations, it agreed to the settlement terms.
All penalty payments are directed to the U.S. Treasury’s General Fund, with the Federal Maritime Commission receiving no portion of the funds.