On June 24, 2022, the Federal Maritime Commission’s Office of the General Counsel issued an opinion on the effective date of the new Ocean Shipping Reform Act of 2022 (“OSRA 2022”), Pub. L. 117-146. Per the General Counsel, certain provisions, including new common carrier prohibitions found at 46 U.S.C. §§ 41104(a) and 41104(d), became effective immediately upon signature into law on June 16, 2022.

Common carriers in particular should review these new provisions to ensure that their business activities related to invoicing and charge assessments are in full compliance or risk exposure to refund orders in addition to, or in lieu of, civil penalties. These provisions apply to both imports and exports as well as to charges “assessed or invoiced electronically or in paper form.” Non-common carrier charges and invoices solely for non-common carrier accounts will not be subject to these provisions.

Regulated entities must take notice of these new requirements and act quickly as there will be no allowance for a phase-in period.

We continue to monitor developments impacting the maritime trade sector.