Page:United States Statutes at Large Volume 98 Part 1.djvu/136

 98 STAT. 88

PUBLIC LAW 98-237—MAR. 20, 1984 (1) the Commission determines to be qualified by experience and character to render forwarding services; and (2) furnishes a bond in a form and amount determined by the Commission to insure financial responsibility that is issued by a surety company found acceptable by the Secretary of the Treasury. (b) SUSPENSION OR REVOCATION.—The Commission shall, after notice and hearing, suspend of revoke a license if it finds that the ocean freight forwarder is not qualified to render forwarding services or that it willfully failed to comply with a provision of this Act or with a lawful order, rule, or regulation of the Commission. The Commission may also revoke a forwarder's license for failure to maintain a bond in accordance with subsection (a)(2). (c) EXCEPTION.—A person whose primary business is the sale of merchandise may forward shipments of the merchandise for its own account without a license. (d) COMPENSATION OF FORWARDERS BY CARRIERS.—

(1) A common carrier may compensate an ocean freight forwarder in connection with a shipment dispatched on behalf of others only when the ocean freight forwarder has certified in writing that it holds a valid license and has performed the following services: (A) Engaged, booked, secured, reserved, or contracted directly with the carrier or its agent for space aboard a vessel or confirmed the availability of that space. (B) Prepared and processed the ocean bill of lading, dock receipt, or other similar document with respect to the shipment. (2) No common carrier may pay compensation for services described in paragraph (1) more than once on the same shipment. (3) No compensation may be paid to an ocean freight forwarder except in accordance with the tariff requirements of this Act. (4) No ocean freight forwarder may receive compensation from a common carrier with respect to a shipment in which the forwarder has a direct or indirect beneficial interest nor shall a common carrier knowingly pay compensation on that shipment. SEC. 20. REPEALS AND CONFORMING AMENDMENTS.

(a) REPEALS.—The laws specified in the following table are repealed: Shipping Act, 1916: Sec. 13 Sec. 14a Sec. 14b Sec. 18(b) Sec. 18(c) Sec. 26 Sec. 44 Merchant Marine Act, 1920: Sec. 20

39 Stat. 732 46 App. U.S.C. 813 46 App. U.S.C. 813a 46 App. U.S.C. 817(b) 46 App. U.S.C. 817(c) 46 App. U.S.C. 825 46 App. U.S.C. 841b

Merchant Marine Act, 1936: Sec. 212(e)

46 App. U.S.C. 1122(e)

41 Stat. 996

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