Page 39: of Maritime Reporter Magazine (November 1998)

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cean Shipping Deregulation Act Passed Into Law ie Ocean Shipping Reform Act .998, S. 414, obtained the iident's signature on October 1998 after clearing the House the Senate earlier in October, idating shipping laws and •oducing more competition in

U.S. international shipping rket is essential for continued >wth of our market-based econo- r" said Senator John McCain -AZ).Though this bill specifically ms to amend the Shipping Act of 184, its scope extends back as far i 1875, as noted in the report sub- itted by Senator McCain to the ommittee on Commerce, Science nd Transportation in July 1997.

As he reports, the chronic condi- ion of ocean liner shipping overca- )acity was primarily the result of nternational policies which smphasized national-flag carriers and, in the interest of national security, a strong shipbuilding pro- gram. In their efforts to stop ocean shipping overcapacity from degrading into "rate wars," liner companies began forming confer- ences, the first in 1875, to work together and establish pricing poli- cies.

The Shipping Act, 1916 (1916

Act) was the first attempt by the

U.S. government to review and regulate the shipping conferences.

The act gave immunity from U.S. antitrust laws, mandated open conference requirements, and pro- hibited discriminatory rate prac- tices. The United States Shipping

Board was created to enforce the act.

Some 45 years later, Congress passed the 1961 Amendments to the 1916 Act in response to claims of anticompetitive conduct by con- ferences. In addition to the estab- lishment of the Federal Maritime

Commission (FMC), the 1961

Amendments called for mandatory tariff filing. The FMC was respon- sible for approving carrier agree- ments, a process which caused delays and frustrated ocean carri- ers. These delays and other factors including increased productivity and illegal practices, eventually led to further reform of the 1916

Act.

The Shipping Act of 1984 (1984

Act) brought in greater flexibility to contracts and reassessed the agreement review process. It also recognized the increasing role of non-vessel-operating common car- riers (NVOCCs) in facilitating intermodal ocean transportation.

As part of the 1984 Act, an

Advisory Commission on

Conferences in Ocean Shipping was formed to compile a report on the regulatory system and present it after a period of five years. When the report was released in April 1992, it indicated several areas of concern within the industry,

Maneuver.. .Propel.. .Position

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Circle 266 on Reader Service Card

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Hydrasearch Company, Inc., 100 Log Canoe Circle, Stevensviile, MD 21666 USA

Tel. (410) 643-8900 • FAX (410) 643-8954 • Web site: www.hydrasearch.com ©1998 Hydrasearch Company, Inc.

November, 1998 Circle 224 on Reader Service Card 41

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