The US Federal Maritime Commission (FMC) has launched a probe into how carriers are complying with Section 5 of the Ocean Shipping Reform Act 2022 (OSRA 22), which prohibits retaliation against a company that has raised a complaint, reports the Loadstar.
Anti-Retaliation Compliance
Florida furniture shipper OJ Commerce has alleged in a complaint to the FMC that Maersk engaged in just such retaliation, which the carrier denies, and which may well become a reference case for the new rules.
One of the concerns of shippers about Section 5 of the act was how it would be enforced by the authorities. Simply put, Section 5 states that a carrier will not retaliate by refusing to ship cargo if a shipper or its agent raises a complaint against it.
Investigation among the top 20 lines, asking them to provide information on how they are complying with this section of the law, reveals that the FMC may not be entirely certain that OSRA 22 will be enforceable.
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Source: The Loadstar
