The US Federal Maritime Commission published yesterday the new rule that prohibits shipping companies from refusing the provision of cargo space on their ships when available, a practice that many shippers had reported, in particular coinciding with the spread of the the Covid-19 pandemic when they accused ocean carriers of not complying with contractual clauses in order to force them to resort to the spot market by paying shipping rates significantly Higher.

The rule provides that the refusal to negotiate the carriage of goods or to transport them if the vessel-operating common carrier (VOCC) will be able to demonstrate that there were reasonable grounds for such a refusal.

In addition, the new regulation, which will enter into force 60 days after its publication in the Federal Register, require the VOCCs to submit an annual documented and confidential report on its policies relating to export shipments that must contain information on pricing strategies, services offered, Equipment Supply Strategies and Market Descriptions Served.