46 USC App 1714: Reports and certificates
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46 USC App 1714: Reports and certificates Text contains those laws in effect on January 6, 1997
From Title 46-AppendixCHAPTER 36-INTERNATIONAL OCEAN COMMERCE TRANSPORTATION

§1714. Reports and certificates

(a) Reports

The Commission may require any common carrier, or any officer, receiver, trustee, lessee, agent, or employee thereof, to file with it any periodical or special report or any account, record, rate, or charge, or memorandum of any facts and transactions appertaining to the business of that common carrier. The report, account, record, rate, charge, or memorandum shall be made under oath whenever the Commission so requires, and shall be furnished in the form and within the time prescribed by the Commission. Conference minutes required to be filed with the Commission under this section shall not be released to third parties or published by the Commission.

(b) Certification

The Commission shall require the chief executive officer of each common carrier and, to the extent it deems feasible, may require any shipper, shippers' association, marine terminal operator, ocean freight forwarder, or broker to file a periodic written certification made under oath with the Commission attesting to-

(1) a policy prohibiting the payment, solicitation, or receipt of any rebate that is unlawful under the provisions of this chapter;

(2) the fact that this policy has been promulgated recently to each owner, officer, employee, and agent thereof;

(3) the details of the efforts made within the company or otherwise to prevent or correct illegal rebating; and

(4) a policy of full cooperation with the Commission in its efforts to end those illegal practices.


Whoever fails to file a certificate required by the Commission under this subsection is liable to the United States for a civil penalty of not more than $5,000 for each day the violation continues.

( Pub. L. 98–237, §15, Mar. 20, 1984, 98 Stat. 84 ; Pub. L. 98–595, §3(b)(3), Oct. 30, 1984, 98 Stat. 3133 .)

Amendments

1984-Subsec. (b). Pub. L. 98–595 substituted "Whoever fails to file a certificate required by the Commission under this subsection is liable to the United States for" for "Failure to file a certificate shall result in" before "a civil penalty".