Two ocean common carriers have paid a combined total of $2.65m in civil penalties to resolve allegations of misconduct brought by the Federal Maritime Commission’s Bureau of Enforcement, Investigations, and Compliance.
Ocean Network Express (ONE) entered into a compromise agreement with the FMC in April to resolve allegations it violated American rules by assessing detention charges when appointments were unavailable during allocated free time to return equipment. Under the terms of the agreement, ONE agreed to pay a $1.7m civil penalty. The agreement incorporates a significant new compromise provision whereby ONE agreed that in addition to paying civil penalties, it will also furnish restitution to impacted shippers in the form of refunds and waivers.
Separately, the commission reached a settlement agreement with Wan Hai Lines over a case dating back to December 2021. Wan Hai agreed to pay $950,000 in civil penalties to address allegations that it violated rules by failing to observe and enforce just and reasonable practices regarding its charges related to empty container returns. In addition to payment of a civil penalty, Wan Hai refunded the impacted shippers all detention charges collected under the invoices at issue.
“The agreements being announced today send a clear message to international shipping community that ocean carriers must fully comply with the US legal obligations,” said FMC chairman Daniel Maffei.
