Page:United States Statutes at Large Volume 98 Part 1.djvu/118

 98 STAT. 70

PUBLIC LAW 98-237—MAR. 20, 1984 (22) "shipment" means all of the cargo carried under the terms of a single bill of lading. (23) "shipper" means an owner or person for whose account the ocean transportation of cargo is provided or the person to whom delivery is to be made. (24) "shippers' association" means a group of shippers that consolidates or distributes freight on a nonprofit basis for the members of the group in order to secure carload, truckload, or other volume rates or service contracts. (25) "through rate" means the single amount charged by a common carrier in connection with through transportation. (26) "through transportation" means contmuous transportation between origin and destination for which a through rate is gissessed and which is offered or performed by one or more carriers, at least one of which is a common carrier, between a United States point or port and a foreign point or port. (27) "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and all other United States territories and possessions.

46 USC app. 1703.

SEC. 4. AGREEMENTS WITHIN SCOPE OF ACT.

'*

(a) OCEAN COMMON CARRIERS.—This Act applies to agreements by or among ocean common carriers to— (1) discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, earnings, or losses; (3) allot ports or restrict or otherwise regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic to be carried; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or with one or more marine terminal operators or non-vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) regulate or prohibit their use of service contracts. (b) MARINE TERMINAL OPERATORS.—This Act applies to agreements (to the extent the agreements involve ocean transportation in the foreign commerce of the United States) Eimong marine terminal operators and among one or more marine terminal operators and one or more ocean common carriers to— (1) discuss, fix, or regulate rates or other conditions of service; and (2) engage in exclusive, preferential, or cooperative working arrangements. (c) ACQUISITIONS.—This Act does not apply to an acquisition by any person, directly or indirectly, of any voting security or assets of any other person. 46 USC app.

SEC. 5. AGREEMENTS.

(a) FiuNG REQUIREMENTS.—A true copy of every agreement entered into with respect to an activity described in section 4 of this Act shall be filed with the Commission, except agreements related to transportation to be performed within or between foreign countries and agreements among common carriers to establish, operate, or

�