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FMC and maritime

The Federal Maritime Commission, NVOCCs, forwarders, carriers, cargo claims and demurrage.

  • Strait of Hormuz Closure- What You Need to Know

    Shanshan Liang

    On February 28, 2026, geopolitical tensions in the Middle East escalated sharply following an Iranian attempt to close the Strait of Hormuz. The situation has rapidly evolved from diplomatic warnings to active kinetic conflict, severely…

  • New Section 301 Fees on Chinese and Foreign-Built Vessels Take Effect October 14

    Johnathan Foege

    The U.S. government has announced new vessel fees under the ongoing Section 301 action into China’s targeting of the maritime, logistics, and shipbuilding sectors for dominance. Effective October 14, 2025, these fees apply to vessels…

  • BIS Issues Interim Final Rule Extending Entity List Restrictions To 50% Ownership

    Johnathan Foege

    On September 29, 2025, the Bureau of Industry and Security (BIS) implemented an interim final rule (IFR) amending the Export Administration Regulations (EAR) to broaden the reach of the Entity List. Published at 90 FR 47201, this rule…

  • Global Guidance for International Mail: New Duty Collection Rules Take Effect August 29, 2025

    Johnathan Foege

    Effective August 29, 2025, U.S. Customs and Border Protection (CBP) will implement sweeping changes to the way duties are assessed and collected on international mail shipments. Under Executive Order 14324, Suspending Duty-Free De…

  • Commerce Launches Circumvention Inquiries on Aluminum Containers Completed in Thailand and Vietnam

    Johnathan Foege

    The U.S. Department of Commerce has officially initiated country-wide circumvention inquiries to determine whether disposable aluminum containers, pans, trays, and lids completed in Thailand and Vietnam using Chinese-origin aluminum…

  • OFAC Sanctions 18 Hong Kong Companies for Alleged Involvement in Iranian Oil Trade

    Johnathan Foege

    On July 9, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a new round of sanctions targeting 22 companies based in Hong Kong, the United Arab Emirates, and Turkey. Among them, 18 companies…

  • Potential Tariff on BRICS Countries, Allies

    Johnathan Foege

    Overnight on July 6, 2025, President Trump issued a statement threatening additional tariffs on imports from countries that align themselves with the BRICS bloc. This statement comes just as BRICS countries have begun their annual…

  • Chinese Shipping Hit With Section 301 Sanctions

    Johnathan Foege

    On April 17, 2025 the United States Trade Representative (“USTR”) announced sanctions against the Chinese shipping and maritime industry, including logistics and shipbuilding. These actions come at the end of a year-long investigation…

  • De Minimis Tariffs Raised

    Johnathan Foege

    In response to tariff retaliation from China, the Trump Administration has increased the duty rates on Chinese goods that previously qualified for de minimis duty free treatment. Background Beginning on February 1, 2025, President Trump…

  • The End of MC Numbers: A New Era for Freight Brokers

    Johnathan Foege

    The Federal Motor Carrier Safety Administration (FMCSA) is on the brink of implementing one of its most significant regulatory changes in recent years. Effective October 1, 2025, the FMCSA eliminates the use of Motor Carrier (MC)…

  • What are Customs Brokers, Freight Forwarders, and NVOCCs?

    Neil B. Mooney

    What is a Customs broker? Customs brokers are private individuals, partnerships, associations, or corporations licensed, regulated, and empowered by U.S. Customs and Border Protection (CBP) to assist importers and exporters in meeting…

  • “Liability Kits” for Customs Brokers, Freight Forwarders and NVOCCs

    Neil B. Mooney

    It is essential for companies to have accessible Terms and Conditions (T&C) for the customer to ensure enforceability against any liability. In the shipping industry, you are responsible for making customers aware of Terms and…

  • FMC Increases Penalties for Shipping Act Violations

    Neil B. Mooney

    The Federal Maritime Commission has increased the maximum penalties assessed for statutory violations effective January 15, 2021, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015. The increases are tied to the…

  • OFAC Enforcement Against Va. Forwarder and Fl. Shipper

    Neil B. Mooney

    I. Virginia Forwarder The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Finding of Violation to DNI Express Shipping Company (“DNI”), incorporated in McLean, Virginia, for a violation of § 501.602 of…

  • The Death of Intermediaries? Maersk’s Canary in the Coalmine.

    Neil B. Mooney

    This is an old blog we lost during our transfer of site hosting. Maersk, the world’s leading container ship operator, and Alibaba, the owner of China’s biggest e-commerce platforms, have decided to join forces in what has traditionally…

  • Understanding General Average

    Neil B. Mooney

    Import and export traffic in our globalized world generally runs quite smoothly, but occasionally, the very real risks associated with the natural elements at sea or simple human error impact transportation adversely. Severe weather…

  • Unpacking Warehouse Liens

    Neil B. Mooney

    Warehouses are massive repositories of risk and are responsible for holding, in many cases, millions of dollars in property. Because of this huge responsibility, warehouses have the right to contractually limit liability for loss or…

  • SOLAS New Container Weighing Requirements

    Neil B. Mooney

    Change is on the horizon in the shipping industry, and it is important to make sure you are staying informed. Effective July 1st, 2016, changes adopted by the International Maritime Organization (IMO) regarding verified container…

  • FMC Remains Aggressive with Penalties

    Neil B. Mooney

    Since the summer (2015) there have been penalty settlements announced by the Federal Maritime Commission (FMC) which total in excess of $2,000,000.00. Its Bureau of Enforcement (BOE) is the arm of the Commission specifically focused on…

  • Dealing With Patent Trolls

    Neil B. Mooney

    Freight forwarders, Customs brokers, and carriers always provide shipment tracking to their customers. There are a variety of ways to do this; they may use their own software to track shipments, or they may track shipments by linking to…

  • Fiduciary Responsibilities of Ocean Freight Forwarders Compared to NVOCCs

    Neil B. Mooney

    It is crucial to understand the type of relationship you have with someone, i.e. the duties and/or responsibilities owed to a party based on their interaction. Today we are taking a look at the fiduciary relationship, questions…

  • Compliant NRAs for Federal Maritime Commission Purposes

    Neil B. Mooney

    Traditionally, Non-Vessel-Operating Common Carriers (NVOCCs) compete for shippers’ business by publishing the amount they charge in rate tariffs that are made available to the public. However, as of April 18th, 2011, the Federal…

  • Disclosing Terms & Conditions To Make Them Enforceable

    Neil B. Mooney

    It is common practice today for companies to post their Terms and Conditions (T&C) online, but the key to enforceability is ensuring that these terms are accessible by the customer. In the shipping industry, you are responsible for…

  • Forwarder Liability for Ocean Freight Charges

    Neil B. Mooney

    Freight forwarders customarily make bookings with ocean carriers on behalf of their clients, and often they are listed as forwarding agents on the carriers’ bills of lading. Occasionally, forwarders are sued by carriers for unpaid…

  • FMC Penalizes Seven OTIs and One Vessel Operator One Half Million Dollars

    Neil B. Mooney

    On Friday October 10, 2014 the Federal Maritime Commission announced “compromise agreements” totaling $503,000 in civil penalties from five NVOCCs, two unlicensed OTIs, and one vessel-operator. “Compromise agreements” do not admit…

  • Panama Canal Expansion: Impact on Southeastern Ports

    Neil B. Mooney

    We just wrote about the Panama Canal Expansion project (also called the Third Set of Locks Project) and its likely impact on Florida. The expansion, scheduled to be completed in April of 2015, will double the capacity of the Panama…

  • Panama Canal Expansion: What Does it Mean for Florida?

    Neil B. Mooney

    The Panama Canal Expansion project (also called the Third Set of Locks Project) is projected to be completed in April of 2015. The project was announced with the purpose of increasing Panama’s ability to benefit from the growing traffic…

  • Newly Proposed FMC Regulations

    Neil B. Mooney

    On May 31, 2013 the Federal Maritime Commission (“FMC”) published proposed changes to the rules regulating Ocean Transportation Intermediaries (“OTI’s”) and Non-Vessel-Operating Common Carriers (“NVOCC’s”). The 60-day comment period…

  • Shipping Act Violations: FMC Informal Small Claims

    Neil B. Mooney

    Part of the Federal Maritime Commission’s (FMC) job is to regulate international ocean transportation as it relates to U.S. exporters, importers and consumers. One way the FMC fulfills its mission is by protecting the trading community…

  • The OSCARs: Creating Greater Efficiency in Transpacific Agricultural Shipping

    Neil B. Mooney

    The United States Department of Agriculture has teamed up with members of the Westbound Transpacific Stabilization Agreement[1] to enhance shipping and exports in the agricultural market by creating weekly projected equipment and…

  • Rail and Ocean Carriers: Transition to the ACE e-Manifest

    Neil B. Mooney

    Customs recently published an important reminder for all rail and sea carriers regarding the impending transition from the Automated Manifest System (AMS) to the Automated Commercial Environment (ACE) e-Manifest system. As you’re…

  • FMC Simplifies Negotiated Rate Arrangements

    Neil B. Mooney

    The Federal Maritime Commission revised its Negotiated Rate Arrangement (NRA) regulations to reduce recordkeeping requirements. With immediate effect, the FMC is a) eliminating the requirement for the shipper’s title and address in…

  • When Is C-TPAT Right For You?

    Neil B. Mooney

    The Customs-Trade Partnership Against Terrorism (C-TPAT) was established to ensure the safety and security of cargo arriving in the United States. Although being C-TPAT certified is not required by any governmental agency, many private…

  • A Proper Receipt Creates A Warehouse Lien

    Neil B. Mooney

    We are constantly being asked by NVOCCs, forwarders and warehousemen whether they have a legitimate lien on the cargo in their possession, such that that they can hold the freight until being paid. The answers are not simple: you only…

  • Inside FMC Licensing: References

    Neil B. Mooney

    Becoming an ocean transportation intermediary (“OTI”), a freight forwarder (“OFF”) or a non-vessel operating common carrier (NVOCC), is a great way to get involved in the international trade industry. OFFs and NVOCCs facilitate the…

  • CAN A FORWARDER INSURE A SHIPMENT AFTER A KNOWN LOSS?

    Neil B. Mooney

    CAN A FORWARDER INSURE A SHIPMENT AFTER A KNOWN LOSS? This question was addressed last week in the case of I.T.N. CONSOLIDATORS, INC. versus NORTHERN MARINE UNDERWRITERS LTD. [i] A cargo loss was made known to the forwarder ITN which…

  • FMC RULING OPENS DOOR TO MISCHIEF

    Neil B. Mooney

    Sometimes the best intended act can lead to unanticipated results. In the case of informal docket no. 1916(I) GUMTREEFABRICS, INC. v. EVER-LOGISTICS INTERNATIONAL FORWARDING LIMITED d/b/a EVEROK INTERNATIONAL FORWARDING CO., LTD, the…

  • Transshipment under the Export Administration Regulations: An Attempt to Get Around the Regulations Ends Badly For a Florida Company

    Neil B. Mooney

    The Export Administration Regulations (EAR), at Part 736, General Order No. 2 of Supplement No. 1, prohibits export of all items covered by the EAR to Syria unless they are licensed shipments of food or medicine. This broad prohibition…

  • Freight Forwarder Settles Charge of Antiboycott Violation for Furnishing Negative Certification of Origin on Shipper’s Invoice

    Neil B. Mooney

    Most trade intermediaries are familiar with the antiboycott provisions contained in Part 760 of the Export Administration Regulations (EAR). These regulations prohibit U.S. persons’ participation in or cooperation with the Arab League’s…

  • Federal Maritime Commission Begins Rulemaking Process to Amend Regulations to Eliminate Filing of Rate Tariffs By Licensed NVOCCs

    Neil B. Mooney

    On April 29, 2010, the Federal Maritime Commission published a proposed rulemaking to implement its February 18, 2010, decision to relieve licensed NVOCCs from the costs and burdens of tariff rate publication. The April 29 rulemaking…

  • Service Contract Held Inapplicable In Favor Of Bill Of Lading: Entire Yacht Is A “Package” Under COGSA And Liability Limited To $500

    Neil B. Mooney

    Until the Rotterdam Rules take hold, we will continue to examine COGSA cases worthy of note. A case involving the dropping of a $4,000,000 yacht due to a collapsed crane is noteworthy in our book, especially when the ocean carrier…

  • CBP Now Accepts Online Requests For Confidential Treatment of Manifest Data

    Neil B. Mooney

    Some may not realize that data on inbound cargo declarations, CF 1302, is made public by CBP. Certain data contained on outbound manifest is also publicly available, such as the name and address of the shipper, general character of the…

  • FMC Votes To Exempt NVOCCs From Publishing Rates

    Neil B. Mooney

    On February 18, 2010, the Federal Maritime Commission voted to approve a proposed rulemaking that would exempt non-vessel-operating common carriers (NVOCCs) from the longstanding requirement that they publish tariff rates. This move was…

  • Goodbye COGSA, Hello Rotterdam Rules

    Neil B. Mooney

    By passing the Carriage of Goods by Sea Act of 1936 (COGSA), the United States adopted as domestic legislation the Hague Rules, which govern liability for loss in ocean carriage. At that time, ocean cargo was transported largely by…

  • The Department of Commerce’s Bureau of Industry and Security Updates Its Freight Forwarder Guidance

    Neil B. Mooney

    The Department of Commerce’s Bureau of Industry and Security (BIS) recently posted new export control guidance for freight forwarders on its website. BIS enforces the Export Administration Regulations, which regulate the conduct of both…

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