Hong Kong-based Sterling Container Line denied allegations by U.S. logistics company SeaFair that it refused to pay for certain shipping services, saying SeaFair at times submitted inaccurate invoices and couldn’t prove they were correct. In a Dec. 26 response to the Federal Maritime Commission, Sterling said the FMC should dismiss SeaFair’s complaint for a range of reasons, including that the commission lacks the authority to award damages for a breach of contract claim.
Hapag-Lloyd violated U.S. shipping regulations when it failed to make containers available for pickup, causing demurrage charges for Wisconsin-based logistics company M.E. Dey to exceed more than $136,000, the company said in a complaint to the Federal Maritime Commission released last week. Dey said Hapag-Lloyd’s demurrage charges were “unreasonable,” and the FMC should require the ocean carrier to pay Dey reparations.
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The 2023 government spending package (see 2212200025) includes language that could eventually lead to the establishment of a formal outbound investment review mechanism. The provision, included in explanatory statements covering funding for the Treasury and Commerce departments, could speed up the administration's efforts to create the regime, which has been proposed this year in legislation by lawmakers and publicly supported by senior administration officials.
Shippers mostly supported the Federal Maritime Commission’s proposal for demurrage and detention billing requirements (see 2210070079 and 2203250028), saying in comments this month the new invoice requirements will bring more transparency to the industry. But at least two carriers continued to lobby for revisions to the proposed requirements, saying they could lead to burdensome new rules and wouldn’t result in more efficient container pickups and returns.
A bill that could move U.S. export control authority from the Commerce Department to the Defense Department reflects a lack of understanding of the export control licensing process and raises a number of questions about the future of U.S. export control regulations, Braumiller Consulting Group said in a recent post. Congress may want to devote more effort to holding Commerce and the Bureau of Industry and Security “accountable” under the Export Control Reform Act “rather than attempting to fix something that is working fine,” said the post, written by Craig McClure, a senior trade adviser with the firm.
Several U.S. technology companies recently disclosed their ongoing efforts to comply with new export restrictions against China (see 2210070049), with some determining the regulations will have little effect and others saying the uncertainty is leading to business interruptions.
A small change to U.S. export regulations included in the fiscal year 2023 defense spending bill could go a long way to restricting shipments of sensitive U.S. technology, including hacking tools, lawmakers said this week. The provision, which passed as part of the National Defense Authorization Act last week, “represents the largest expansion of presidential export control authority in several years,” Rep. Tom Malinowski’s office said Dec. 21, adding that it allows the president to treat exports of hacking technology and expertise “just as we treat the export of sensitive military technology, to make sure it doesn’t fall into dangerous hands.”
The Bureau of Industry and Security this week announced new, stricter license requirements for exports to the Wagner Group, a Russian private military company, by designating it as a Russian military end-user, BIS said in a final rule effective Dec. 21. The new designation imposes a license review policy of denial for all items subject to the Export Administration Regulations, except for certain food and medicine, which will be reviewed on a case-by-case basis.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.