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Suits in Admiralty or Airfreight Operate Under Distinct Rules and Procedure Admiralty is a unique area of the law with distinct and specific rules for handling claims. Normal rules of judicial procedure do not apply when a suit is filed or defended "In Admiralty". All Customs Lawyers are not necessarily familiar with Admiralty rules. Claims in Admiralty may include:
Experience is key to successful representation in this field. All Customs Lawyers are not necessarily familiar with Admiralty rules. We have successfully prosecuted and defended actions in Admiralty, making us uniquely qualified to address them and related issues. We also have particular experience with Customs penalty and Customs seizure actions against both air and ocean carriers.
Air Freight and Passenger Liability Issues Have Statutory Limitations The Warsaw Convention and its amendments govern carrier liability issues as to cargo and passengers worldwide. However, the very small limitations placed on claims may be defeated by aviation Attorneys who demonstrate that all of the elements necessary to claim the limits of the Convention are not in place. Likewise, when representing Carriers, zealous representation finds our aviation attorneys attaching the benefits of the Convention to claims, or investigating thoroughly to determine whether another party is liable under any of many possible causes of action.
MARITIME AND AVIATION NOTICES FOR May 2008 FMC to Amend OTI Bonding Requirement
The FMC has announced a proposed amendment to reduce the amount of time allowed for approved Ocean Transport Intermediary (OTI) applicants to submit proof of financial responsibility from the currently allowed two years to 120 days. Proof of financial responsibility usually comes in the form of surety bonds, and the FMC will not issue license certificates until the bonds are received in good order. Failure to submit the required bond within the time limit results in application invalidation. One argument voiced in favor of the change is based on the idea that a longer, two year time period may tempt applicants who have been found qualified for licensing to start operating as OTI’s before they submit bonds and receive their licenses. Another suggestion in favor of the change rests on the proposition that if an applicant for the license takes more than 120 days to secure a bond, this may be an indication of questionable e financial integrity.
FMC Revises and Expands OTI Licensee Information System The FMC recently amended its system of records regarding OTI’s to comply with the Privacy Act of 1974, and to reflect statutory amendments under the Ocean Shipping Reform Act of 1998 as well as the FMC’s departmental realignment. The revision in question changed the title of the system of records, clarified the location of the records and individuals covered by the system, and expanded the category of records, routine uses, and sources. The FMC’s Licensed OTI files are used for evaluating OTI license applicants and monitoring activities and information of current licensees. The categories of records within these files have been expanded to include social security numbers of officers and shareholders of OTI’s, corporate organizational documents, business licenses, and surety bond information. Routine uses of the information now include sharing of this information with other federal agents (including CBP). The categories of record sources used in reviewing license applicants and monitoring licensed OTI’s have also been expanded. They now include information collected by FMC staff through web searches and commercial and government databases.
FMC DIRECTOR RETIRES AFTER THIRTY THREE YEARS Office of Administration Director Bruce Dombrowski retired recently. Dombrowski, who joined the Commission in 1973, ended a 33-year-long distinguished career with the FMC on a high note. He was awarded the Commission’s Gold Medal, the highest honor the Commission can bestow, for his outstanding services. LARGE PENALTIES ON CARRIERS EMPHASIZE ONGOING FMC ENFORCEMENT On November 30, 2006 the FMC listed several settlement agreements with carriers alleged to have violated the Shipping Act. Three large penalties are particularly outstanding: $110,000,00, $200,000.00 and $280,000.00. To see details on them and six other settlements, click HERE. LINER CONFERENCE ANTI-TRUST IMMUNITYIn testimony before the Antitrust Modernization Commission, representatives from the liner, container, terminal, and shipper communities, as well as the Federal Maritime Commission (FMC) and the European Commission detailed their differing positions concerning antitrust immunity protections. The issue has recently been rekindled following the European Union Competitiveness Council decision to repeal European liner conference antitrust immunity, commonly referred to as Regulation 4056/86, effective October of 2008. Citing the benefits of antitrust immunity, the World Shipping Council commented “The vast majority of all cargo arrives on time and without damage. Capacity shortages are exceedingly rare.” FMC Chairman Blust also expressed similar support for maintaining existing antitrust protections. On the other hand, there was some sentiment to diminish or repeal U.S. liner antitrust protections. FMC Commissioner Brennan advocated repeal of rate-setting and rate discussion immunities as did representatives of the shipper and allied industries. NEW ADMINISTRATIVE JUDGE FOR FMC Chairman Steven R. Blust announced on August 23 that Clay G. Guthridge joined the Federal Maritime Commission as an Administrative Law Judge. He replaces Kenneth A. Krantz, who will leave the Commission at the beginning of September since he has accepted employment as an Aministrative Law Judge at another federal agency.
FMC MAKES TROUBLESOME HOUSEHOLD MOVERS MAIN DOCKET ITEMS The Federal Maritime Commission is acting on over 250 consumer complaints from shippers alleging that they hired one of nine apparently related household goods moving companies to transport their personal effects and vehicles from various locations in the United States to foreign destinations. It appears that as early as the year 2002, a core group of individuals began to form a series of corporations for the purpose of providing ocean transportation services. The companies and their owners or primary corporate officers are: Moving Services, L.L.C.; Worldwide Relocations, Inc.; International Shipping Solutions, Inc.; Dolphin International Shipping, Inc.; All-in-One Shipping, Inc.; Boston Logistics Corp.; Around the World Shipping, Inc.; Tradewind Consulting, Inc.; Global Direct Shipping; Sharon Fachler; Oren Fachler; Lucy Norry; Patrick J. Costadoni; Steve Kuller; Megan K. Karpick (a.k.a. Catherine Kaiser, Kathryn Kaiser, Catherine Kerpick, Megan Kaiser and Alexandria Hudson); Barbara Deane (a.k.a. Barbara Fajardo); Baruch Karpick; Martin J. McKenzie; Joshua S. Morales; Elizabeth F. Hudson; Daniel E. Cuadrado (a.k.a. Daniel Edward); Ronald Eaden; and Robert Bachs (collectively "the Respondents"). Efforts are underway at the Commission to cause these operators to cease operations detrimental to the public and to become fully compliant with all relevant shipping regulations and practices.
IMPLEMENTATION OF UPGRADED SERVCON SYSTEM
A new upgraded SERVCON system will be fully implemented for all filers of service contracts and NVOCC Service Arrangements ("NSAs"). There have been major performance enhancements made to the system such as the following:
. Screen display cleanups . Faster retrieval . More reliable architecture
The new SERVCON has the same look as the current system with the exception of a small change regarding the menu selection screens. Filers will be able to view only menu selections which they need to access, e.g., File Contracts, View Contents of Personal Directory Before Uploading, or File Corrected Transmission/Copy, etc. Filers will no longer be able to see other menu items such as Management, Search, or View Flagged Contracts, for selection.
Filers will continue to access SERVCON via the Commission's website, www.fmc.gov , and logon to the system as usual. New passwords are being issued and sent by certified mail to all filers for access to the new system, but all user names remain the same.
If you have any technical questions, or will be using an automated program interface for batch filing in the new SERVCON system, please contact the Office of Information Technology ("OIT") staff by telephone at (202) 523-0854, or via e-mail at OIT-Helpdesk@fmc.gov . If you have general questions regarding service contracts or NSAs, please contact the Office of Service Contracts and Tariffs (OSCT) staff by telephone at (202) 523-5856. FMC WIDENS NVOCC ABILITY TO CONTRACT WITH ONE ANOTHER Effective October 28, 2007 the Federal Maritime Commission has revised its exemption for non-vessel-operating common carriers (NVOCCs) from certain tariff requirements of the Shipping Act of 1984 to allow NVOCCs and shippers' associations with NVOCC members to act as shipper parties in NVOCC Service Arrangements. This decision eliminates formerly discriminatory treatment of NVOCC's established when NSA's were first promulgated last January. You can view the decision from this page by clicking HERE. TSA OPENS "BRIEFING ROOM" FOR CARRIERS AND PILOTS The Transportation Safety Administration has established a new "Briefing Room" for air carriers and pilots to obtain the latest TSA communications on law and regulations pertaning to air carriage. Details on passenger and cargo handling are included. Increased FMC Filing Fees The FMC has announced new fees for certain services as well as increases and decreases in other fees on a schedule taking effect April 1, 2005. Virtually all charges have changed with the exception of the new NVOCC 46 CFR Part 531 Service Arrangements announced in January. For a copy of the new fees as a .pdf file, click here.
The Mooney Law Firm • (850) 893 0670 • (800) 583 0250• Fax (850) 391 4228
With Affiliated Customs, Admiralty, and Aviation Lawyers In All Principal Ports Copyright © 1999-2008 The Mooney Law Firm All Rights Reserved |
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