The Federal Maritime Commission (FMC) has concluded a compromise agreement with the carrier Maersk, resulting in civil penalties totaling US$1.9 million. This settlement addresses allegations that Maersk violated the US Shipping Act by assessing detention charges against third parties who had not explicitly agreed to the carrier's terms and conditions outlined in bills of lading or other contracts.
This resolution highlights the FMC's ongoing efforts to enforce fair and transparent billing practices within the shipping industry, particularly concerning demurrage and detention. The agency has been increasingly scrutinizing carrier practices, especially since the supply chain disruptions of recent years led to a surge in these charges.
For freight forwarders and shippers, this settlement reinforces the importance of clear contractual agreements regarding detention and demurrage. It signals that the FMC is actively monitoring and penalizing carriers for practices deemed non-compliant with the Shipping Act. This could lead to more predictable and equitable billing for equipment usage, potentially reducing unexpected costs and disputes for beneficial cargo owners (BCOs) and NVOCCs. Forwarders should review their contracts and ensure they have explicit agreements for all parties involved in the logistics chain to avoid similar issues.
The settlement effectively closes the investigation into these specific allegations, with Maersk agreeing to the financial penalty without admitting fault.
