§1704. Agreements

(a) Filing requirements

A true copy of every agreement entered into with respect to an activity described in section 1703(a) or (b) of this Appendix shall be filed with the Commission, except agreements related to transportation to be performed within or between foreign countries and agreements among common carriers to establish, operate, or maintain a marine terminal in the United States. In the case of an oral agreement, a complete memorandum specifying in detail the substance of the agreement shall be filed. The Commission may by regulation prescribe the form and manner in which an agreement shall be filed and the additional information and documents necessary to evaluate the agreement.

(b) Conference agreements

Each conference agreement must-

(1) state its purpose;

(2) provide reasonable and equal terms and conditions for admission and readmission to conference membership for any ocean common carrier willing to serve the particular trade or route;

(3) permit any member to withdraw from conference membership upon reasonable notice without penalty;

(4) at the request of any member, require an independent neutral body to police fully the obligations of the conference and its members;

(5) prohibit the conference from engaging in conduct prohibited by section 1709(c)(1) or (3) of this Appendix;

(6) provide for a consultation process designed to promote-

(A) commercial resolution of disputes, and

(B) cooperation with shippers in preventing and eliminating malpractices;

(7) establish procedures for promptly and fairly considering shippers' requests and complaints; and

(8) provide that any member of the conference may take independent action on any rate or service item required to be filed in a tariff under section 1707(a) of this Appendix upon not more than 10 calendar days' notice to the conference and that the conference will include the new rate or service item in its tariff for use by that member, effective no later than 10 calendar days after receipt of the notice, and by any other member that notifies the conference that it elects to adopt the independent rate or service item on or after its effective date, in lieu of the existing conference tariff provision for that rate or service item.

(c) Interconference agreements

Each agreement between carriers not members of the same conference must provide the right of independent action for each carrier. Each agreement between conferences must provide the right of independent action for each conference.

(d) Assessment agreements

Assessment agreements shall be filed with the Commission and become effective on filing. The Commission shall thereafter, upon complaint filed within 2 years of the date of the agreement, disapprove, cancel, or modify any such agreement, or charge or assessment pursuant thereto, that it finds, after notice and hearing, to be unjustly discriminatory or unfair as between carriers, shippers, or ports. The Commission shall issue its final decision in any such proceeding within 1 year of the date of filing of the complaint. To the extent that an assessment or charge is found in the proceeding to be unjustly discriminatory or unfair as between carriers, shippers, or ports, the Commission shall remedy the unjust discrimination or unfairness for the period of time between the filing of the complaint and the final decision by means of assessment adjustments. These adjustments shall be implemented by prospective credits or debits to future assessments or charges, except in the case of a complainant who has ceased activities subject to the assessment or charge, in which case reparation may be awarded. Except for this subsection and section 1706(a) of this Appendix, this chapter, the Shipping Act, 1916 [46 App. U.S.C. 801 et seq.], and the Intercoastal Shipping Act, 1933,¹ do not apply to assessment agreements.

(e) Maritime labor agreements

This chapter and the Shipping Act, 1916 [46 App. U.S.C. 801 et seq.] ² do not apply to maritime labor agreements. This subsection does not exempt from this chapter or the Shipping Act, 1916 ² any rates, charges, regulations, or practices of a common carrier that are required to be set forth in a tariff, whether or not those rates, charges, regulations, or practices arise out of, or are otherwise related to, a maritime labor agreement.

( Pub. L. 98–237, §5, Mar. 20, 1984, 98 Stat. 70 ; Pub. L. 98–595, §3(b)(1), Oct. 30, 1984, 98 Stat. 3132 ; Pub. L. 104–88, title III, §335(c)(2), Dec. 29, 1995, 109 Stat. 954 .)

References in Text

The Shipping Act, 1916, referred to in subsecs. (d) and (e), is act Sept. 7, 1916, ch. 451, 39 Stat. 728 , as amended, which is classified generally to chapter 23 (§801 et seq.) of this Appendix. For complete classification of this Act to the Code, see section 842 of this Appendix and Tables.

The Intercoastal Shipping Act, 1933, referred to in subsec. (d), is act Mar. 3, 1933, ch. 199, 47 Stat. 1425 , as amended, which was classified generally to chapter 23A (§843 et seq.) of this Appendix, prior to repeal by Pub. L. 104–88, title III, §335(a), Dec. 29, 1995, 109 Stat. 953 , effective Sept. 30, 1996. For complete classification of this Act to the Code, see Tables.

Amendments

1995-Subsec. (e). Pub. L. 104–88 substituted "This chapter and the Shipping Act 1916" for "This chapter, the Shipping Act, 1916 [46 App. U.S.C. 801 et seq.], and the Intercoastal Shipping Act, 1933," and "this chapter or the Shipping Act, 1916" for "this chapter, the Shipping Act, 1916, or the Intercoastal Shipping Act, 1933,".

1984-Subsec. (a). Pub. L. 98–595 substituted "section 1703(a) or (b) of this Appendix" for "section 1703 of this Appendix".

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of Title 49, Transportation.

Section Referred to in Other Sections

This section is referred to in sections 1705, 1706, 1709, 1710 of this Appendix.

¹ See References in Text note below.

² So in original. Probably should be followed by a comma.