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Investigations, Enforcement Bureau under new shipping act

THE US Federal Maritime Commission (FMC) said it is moving quickly to implement the recent Ocean Shipping Record Act of 2022, reports Fort Lauderdale's Maritime Executive.

The FMC has already announced the formation of a Bureau of Enforcement, Investigations, and Compliance.

"Robust enforcement of the Shipping Act is absolutely key to the effectiveness of the Federal Maritime Commission," said FMC chairman Daniel Maffei.

"This reorganisation has the support of all five commissioners and creates a structure better suited to meeting the mandate the President and Congress have given this agency to prioritise enforcement.

Specifically, it enhances FMC's capacity to closely scrutinise the conduct of the ocean carrier companies and marine terminal operators to ensure compliance with the law and fairness for American importers and exporters."

The newly created Bureau of Enforcement, Investigations, and Compliance will be divided into three sections and headed by an attorney in the Senior Executive Service with regulatory, prosecutorial and investigatory experience.

The commission's managing director Lucille Marvin, will also serve as acting director until a permanent director is hired.

Mr Maffei highlighted that the reorganisation was initiated following an internal examination undertaken to identify how to increase the effectiveness of commission enforcement and compliance activities.

The bureau will also increase the number of investigators it has on staff, and the investigators will now focus exclusively on enforcement activity.

"Rarely does the Congress give an agency a specific to-do list, but here the Congress provided us with explicit tasks with timelines intended to help solve some of the nation's supply-chain challenges," said Mr Maffei.

"These are important initiatives that will make a difference to people who depend on the movement of ocean cargo. Our job is to implement it and we are well along the way in doing so."

In addition to the new bureau, the FMC highlighted that its most immediate deadline is initiating and completing a rulemaking on unreasonable refusal to deal or negotiate on vessel space accommodations.

Reports indicate that the EU has decided to proceed with a review while regulators in other parts of the globe continue their increased role.


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