FMC Issues Final Rule on Demurrage and Detention Billing

February 28, 2024 – The Federal Maritime Commission (FMC) published the final rule this week on demurrage and detention (D&D) billing requirements, a topic on which AAEI has long weighed in.

The Ocean Shipping Reform Act (OSRA) of 2022 required the FMC to review and revise the rules for D&D charges. AAEI’s Transpacific Committee filed multiple sets of comments on the issue.

In the notice published this week, the FMC says, “This final rule requires common carriers and marine terminal operators to include specific minimum information on demurrage and detention invoices, outlines certain detention and demurrage billing practices, such as determination of which parties may appropriately be billed for demurrage or detention charges, and sets timeframes for issuing invoices, disputing charges with the billing party, and resolving such disputes.”

Retailer Files Complaint Against Carrier under OSRA 2022

February 28, 2024 – The Federal Maritime Commission (FMC) published the final rule this week on demurrage and detention (D&D) billing requirements, a topic on which AAEI has long weighed in.

The Ocean Shipping Reform Act (OSRA) of 2022 required the FMC to review and revise the rules for D&D charges. AAEI’s Transpacific Committee filed multiple sets of comments on the issue.

In the notice published this week, the FMC says, “This final rule requires common carriers and marine terminal operators to include specific minimum information on demurrage and detention invoices, outlines certain detention and demurrage billing practices, such as determination of which parties may appropriately be billed for demurrage or detention charges, and sets timeframes for issuing invoices, disputing charges with the billing party, and resolving such disputes.”

The final rule creates new requirements for how common carriers and marine terminal operators must bill for demurrage and detention charges. The rule requires carriers to provide clarity on who can be billed, within what timeframe, and the process for disputing bills.

BIS and OFAC Unveil Major Crackdown on Russian Entities

February 28, 2024 – The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced new Russia-related export controls and sanctions last Friday, in response to the death of Alexei Navalny, a prominent Russian opposition figure. BIS’s announcement date also marked two years since Moscow’s invasion of Ukraine. 

BIS imposed additional export restrictions on 93 entities under 95 entries in Russia, China, India, Kyrgyzstan, South Korea, Turkey, and the United Arab Emirates (UAE). Alan Estevez, Under Secretary of Commerce for Industry and Security, stated that these restrictions are aim to “limit Putin’s military options by imposing substantial costs on his ability to repair, replenish, and rearm with high-tech, high-quality equipment.”

The US. Department of the Treasury’s Office of Foreign Assets Control (OFAC) also announced last Friday additional sanctions on almost 300 individuals and entities with ties to Russia’s military-industrial base and aiding Russia in earning revenue from energy sales. These sanctions also target Russian government officials responsible for Navalny’s death and sanction evaders across Europe, East Asia, Central Asia, and the Middle East. The Treasury stated in a press release that this is the largest number of sanctions imposed since Russia’s full-scale invasion of Ukraine.

These measures came into effect on February 23, 2024. For further details, read BIS’s press release and OFAC’s press release.

BIS Amends EAR License Requirements for Cameras

February 28, 2024 – The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced last week an amendment to the Export Administration Regulations (EAR), eliminating some license requirements for the exports of certain cameras, systems, and related components. BIS states in a Notice that these revisions will “better align controls with technological and commercial developments, such as the items’ global commercial availability, while recognizing the cooperative strategic relationship the [U.S.] has with our closest allies.” BIS announced that it is also adding controls on certain cameras that are not already controlled by ECCN 6A003 or 6A203 under new ECCN 6A293. For more information, read BIS’s Notice.