Potential new legislation is currently being drafted in the US House of Representatives that would extend the scrutiny on US Marine Terminal operators and ocean carriers beyond the scope of the existing legislation enacted last June. This is consistent with the FMC’s approach to Wan Hai discussed immediately above.
The draft legislation – dubbed the Ocean Shipping Reform Technical Act of 2023 – would heighten transparency into regulatory penalties levied against both Ocean Lines and marine terminal operators.
Currently some penalties levied by the FMC are not the subject of full disclosure and some settlements are covered by confidentiality agreements. The draft legislation calls for all fines to be posted on FMC website and that their circumstances made fully transparent. If the legislation is enacted, the Act would enhance the FMC’s progress in forcing ocean carriers and marine terminal operators into being more accountable. This call for accountability by FMC has resulted in the recent establishment of an enhanced complaints process that allows importers and NVOCC’s to challenge what are perceived to be predatory pricing practices by the Ocean Lines.