Shipping Act of 1983

Summary

Shipping Act of 1983 - Makes this Act applicable to agreements by or among ocean common carriers to: (1) discuss, fix, and regulate rates, accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, net losses, or net profits; (3) allot ports or regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or marine terminal operators or non-vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) consult and confer with shippers and shippers' councils regarding general rate levels, charges, classifications, rules, practices, or services. Makes this Act applicable to agreements among marine terminal operators, and among such operators and ocean common carriers to: (1) discuss, fix, and regulate rates and other conditions of service; (2) pool or apportion earnings, losses, or traffic; and (3) engage in exclusive, preferential, or cooperative working arrangements. Allows shippers to establish shippers' councils to: (1) mutually consult and exchange information or views regarding rates, charges, classifications, rules, practices, or services; (2) agree upon common positions; (3) consult and confer with ocean common carriers or conferences regarding rate levels, charges, classifications, rules, practices, or services; and (4) in the case of a small shipper, combine cargo with another small shipper to obtain time/volume rates and service contracts with ocean common carriers. Requires that a copy of every applicable agreement be filed with the Federal Maritime Commission, except transportion performance agreements within or between foreign countries. Sets forth requirements for contents of conference agreements (including conferences utilizing loyalty contracts), interconference agreements, shippers' council agreements, and assessment agreements. Describes criteria by which the Commission shall suspend, cancel, or modify such agreements. Authorizes ocean common carriers or conferences engaged in foreign commerce to use loyalty contracts according to specified requirements. Exempts certain agreements, contracts, and activities from the antitrust laws. Directs ocean common carriers and conferences to file with the Commission, and keep open to public inspection, tariffs showing all rates between all points on each carrier's routes. Sets forth procedures for rate changes and refunds of rate charges. Authorizes the use of time/volume rates. Authorizes ocean common carriers or conferences to enter into service contracts with individual shippers or with a shippers council. Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards against which such rates shall be disapproved. Provides for Presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier. Exempts specified types of foreign carriers from the provisions of this Act. Requires that ocean freight forwarders be licensed by the Commission. Sets forth circumstances under which ocean freight forwarders may be compensated by common carriers. Sets forth prohibited acts for common carriers, conferences, ocean freight forwarders, and marine terminal operators. Prohibits specified concerted actions. Directs the Commission, after notice and hearing, to suspend the tariffs of carriers of national lines of foreign governments, if the Commission finds that actions of such carriers or foreign governments have unduly impaired access of ships documented under United States flag to ocean trades between foreign ports. Describes procedures for the investigation and adjudication of complaints alleging a violation of this Act. Sets forth civil penalties for such violations. Declares that orders of the Commission relating to any violation of this Act shall remain in effect for the period of time specified in such order unless suspended, modified, or set aside by the Commission or a court of competent jurisdiction. Authorizes the Commission or the injured party to seek injunctive relief in the appropriate United States district court for the enforcement of Commission orders. Authorizes the Commission to require reports and certificates from persons or entities governed by provisions of this Act. Permits the Commission to exempt any specified activity or class of agreements from provisions of this Act. Directs the Comptroller General to submit to Congress, not later than two years after the effective date of this Act, a comprehensive study of, and recommendations concerning, the regulation of international ocean shipping by common carriers. Sets forth areas that such study shall specifically address.

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Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 22 February 1983

  Open at official source

• Introduced in Senate

  summary · EN · 17 February 1983

  Open at official source

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