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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.