JAS USA COMPLIANCE

News & Insights from JAS Worldwide Compliance

JAS Forwarding (USA), Inc.

6165 Barfield Road
Atlanta GA, 30328
United States
Tel: +1 (770)688-1206
Fax: +1 (770)688-1229

FMC ISSUES LONG-AWAITED FINAL RULE ON DEMURRAGE AND DETENTION BILLING REQUIREMENTS

February 28, 2024

On February 26, the Federal Maritime Commission (FMC) issued its long-awaited final rule for Demurrage and Detention Billing Requirements. The issuance and processing of detention and demurrage invoices by common carriers and marine terminal operators has long been a contentious issue in the logistics industry. The FMC deserves credit for taking this issue on and working to bring some standards to the process. The final rule will be effective as of May 28, 2024. Some of the key elements of the final rule are:

• A list of required minimum information that must be included on any invoice for detention or demurrage. If any of this information is missing, that will eliminate the obligation for the billed party to pay.

• An invoice for detention or demurrage must be issued by a billing party to either the consignee or the person for whose account the billing party provided ocean transportation or storage of cargo and who contracted with the billing party for the ocean transportation or storage of cargo.

• A billing party must issue a demurrage or detention invoice within thirty (30) calendar days from the date on which the charge was last incurred. If billed after thirty (30) calendar days, then the billed party is not required to pay.

• If the billing party is a non-vessel-operating common carrier (NVOCC), then it must issue a demurrage or detention invoice within thirty (30) calendar days from the issuance date of the demurrage or detention invoice it received. If the NVOCC issues an invoice after thirty (30) calendar days, then the billed party is not required to pay.

• The billing party must allow the billed party at least thirty (30) calendar days from the invoice issuance date to request mitigation, refund, or waiver of fees from the billing party. The billing party must then resolve such a request within thirty (30) calendar days of receiving the request or at a later date as agreed upon by both parties.

Link to the Federal Register notice
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For December, we are highlighting Jeffrey Bispham on the West Coast!  Jeff has been in the industry for 26 years and remembers using a typewriter to prepare 7512's.  He has always worked in the import/customs brokerage side of logistics.  Jeff was adopted as part of the JAS Family when JAS acquired Tigers back in 2021 where Jeff had long tenure.

In October 2023, the JAS Forwarding (USA) Tacoma Foreign Trade Zone became an active FTZ in the JAS USA Network.  Jeff became the FTZ administrator of that site and has been instrumental in building the compliance for our FTZ site on the West Coast.

Jeff enjoys all sports, although he would tell all that he has become more of a spectator than a player as the years have passed.  Jeff enjoys being outdoors.  But most of all, he enjoys spending time with his family.  That time can often occur at the beach, or a Seattle sporting event (Mariners, Seahawks and Kraken).

Jeff is yet another great example that People Make the Difference!

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In November, JAS USA Corporate Compliance team members teamed up with JAS Atlanta Branch team members to facilitate client compliance training. From left to right, Calvin Oh (Corporate Compliance), Scott Cassell (Corporate Compliance), Carlo Rebuffi (Manager of Live Animals Division-ATL), Laurie Arnold (VP Corporate Compliance), and Rishma Patel (CHB Manager-ATL). The team was able to facilitate learning on the topic of import compliance.

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OFAC (Office of Foreign Assets Control), part of the Department of Treasury, has imposed a $1.1 Million penalty on a US individual. The panlty was issued for 75 violations of OFAC Iran sanctions.

To read the full details check out the link below:

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