By Land and By Sea Lauren Beagen, The Maritime Professorᵀᴹ

Topic of the Week (4/12/24):


Now that we’ve had a few weeks with the detention and demurrage rule, let’s talk key takeaways and things I think everyone should be paying attention to. What do I think will have the biggest growing pains? – the 30 calendar days on the invoice for the billed party to pay – stick around and I’ll explain why.


D&D Final Rule:
https://www.regulations.gov/document/FMC-2022-0066-0286


The Maritime Professorᵀᴹ presents By Land and By Sea - an attorney breaking down the week in supply chain


with Lauren Beagen (Founder of The Maritime Professorᵀᴹ and Squall Strategiesᵀᴹ)


Let's dive in...


1 - Checking in on the Federal Maritime Commission open rulemakings and stakeholder engagement: defining unreasonable refusal to deal or negotiate w/r/t vessel space accommodations provided by an ocean common carrier, defining unfair or unjustly discriminatory methods // MTDI RFIs)


2 - A quick overview of two notable actions at the FMC: Samsung Electronics America cases (still waiting on the replies; all we have are the initial complaints) and the MSC Mediterranean Shipping Company $63M enforcement action (still pending, likely to be appealed; waiting on MSC response due May 3))


Samsung v. COSCO (Samsung Complaint)
https://www2.fmc.gov/readingroom/docs/24-16/24-16%20Verified%20Complaint%20date%20stamped.pdf/
 
Samsung v. OOCL (Samsung Complaint)
https://www2.fmc.gov/readingroom/docs/24-17/24-17%20Verified%20Complaint%20date%20stamped.pdf/
 
OPENING BRIEF OF THE BUREAU OF ENFORCEMENT, INVESTIGATIONS, AND COMPLIANCE
https://www2.fmc.gov/readingroom/docs/23-08/23-08%20BEIC%20Opening%20Brief%20(public%20version)%20redacted.pdf/


3 - United Steelworkers (USW) petition to Office of the U.S. Trade Representative is now supported by SIX United States Senators (Tammy Baldwin (D-WI), Elizabeth Warren (D – MA), John Fetterman (D-PA), Bob Casey (D- PA), Sherrod Brown (D-OH), Mazie Hirono (D-HI))


Tomer Raanan's Article:
https://www.lloydslist.com/LL1148801/US-senators-rally-behind-labour-groups-urging-China-shipbuilding-probe


USW Petition to USTR:
https://ustr.gov/sites/default/files/Section%20301%20Petition%20-%20Maritime%20Logisitics%20and%20Shipbuilding%20Sector.pdf


Letter to USTR from six US Senators:
https://www.brown.senate.gov/imo/media/doc/baldwin_casey_grow_support_for_usw_petition_on_chinese_commercial_shipbuilding.pdf


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The Maritime Professorᵀᴹ is an e-learning/educational based company on all things maritime and supply chain - we provide employee trainings, e-content/e-courses, general trainings/webinars, and executive recruiting. Make sure to sign up for the email list so that you will be alerted to when the e-learning content is available, but also, being on the email list will give you exclusive access to promo/discount codes!

Sign up for our email list at https://lnkd.in/eqfZJShQ


Look for our podcast episodes - NOW AVAILABLE:
https://lnkd.in/g4YUbxjs

** As always the guidance here is general and for educational purposes only, it should not be construed to be legal advice and there is no attorney-client privilege created by this video. If you need an attorney, contact an attorney. **

#ByLandAndBySea

Topic of the Week (3/29/24):

Recounting some of the official reporting from the Key Bridge allision and reviewing OSRA 2.0 passed House bill...

https://gcaptain.com/these-are-the-ships-stuck-behind-the-baltimore-key-bridge/

https://gcaptain.com/ntsb-timeline-reveals-crucial-minutes-leading-up-to-baltimore-bridge-strike/

https://www.joc.com/article/baltimore-port-closure-presents-unexpected-challenges-mid-atlantic-trucking_20240328.html

The Maritime Professorᵀᴹ presents By Land and By Sea - an attorney breaking down the week in supply chain

with Lauren Beagen (Founder of The Maritime Professorᵀᴹ and Squall Strategiesᵀᴹ)

Let's dive in...

1 - OSRA 2.0 passed the U.S. House of Representatives, it now heads to the United States Senate's Committee on Commerce, Science, and Transportation

Bill Text:
https://www.congress.gov/bill/118th-congress/house-bill/1836/text
JOC.com article:
https://www.joc.com/article/osra-20-bill-targets-china-leaves-shipping-antitrust-exemption-untouched_20240328.html


2 - CMA CGM is introducing a new loyalty program called Sea Reward

JOC.com article:
https://www.joc.com/article/cma-cgm-amps-retention-spot-shippers-loyalty-program_20240314.html


3 - Ship allision in the Great Lakes with a junction light

gCaptain article:
https://gcaptain.com/us-flag-laker-suffers-marine-casualty-in-michigan/


-------------------------------
The Maritime Professorᵀᴹ is an e-learning/educational based company on all things maritime and supply chain - we provide employee trainings, e-content/e-courses, general trainings/webinars, and executive recruiting. Make sure to sign up for the email list so that you will be alerted to when the e-learning content is available, but also, being on the email list will give you exclusive access to promo/discount codes!


Sign up for our email list at https://lnkd.in/eqfZJShQ


Look for our podcast episodes - NOW AVAILABLE:
https://lnkd.in/g4YUbxjs


** As always the guidance here is general and for educational purposes only, it should not be construed to be legal advice and there is no attorney-client privilege created by this video. If you need an attorney, contact an attorney. **


#ByLandAndBySea

Topic of the Week (3/15/24):

This week the Federal Maritime Commission released their FY25 Congressional Budget Justification – what’s in it? What clues can we take from the document? What do they have planned for 2024 and even into 2025?? Well hang tight and I’ll tell ya!

The Maritime Professorᵀᴹ presents By Land and By Sea - an attorney breaking down the week in supply chain

with Lauren Beagen (Founder of The Maritime Professorᵀᴹ and Squall Strategies)

Let's dive in...

1 - The Federal Maritime Commission is still working through the other two rulemakings: Unreasonable Refusal to Deal or Negotiate and Unfair or Unjustly Discriminatory Methods.

2 - 346 high ranking officials sign a letter to the United States Senate encouraging the ratification of the United Nations Convention on the Law of the Sea

Admiral Thad Allen's LinkedIn post:
https://lnkd.in/gHv5tWjT

3 - United Steelworkers (USW) submitted a petition to USTR calling for an investigation into China's shipbuilding practices.

Financial Times:
https://lnkd.in/gBQFN_KR

Pennsylvania Capital-Star:
https://lnkd.in/gENZfefw

-------------------------------
The Maritime Professorᵀᴹ is an e-learning/educational based company on all things maritime and supply chain - we provide employee trainings, e-content/e-courses, general trainings/webinars, and executive recruiting. Make sure to sign up for the email list so that you will be alerted to when the e-learning content is available, but also, being on the email list will give you exclusive access to promo/discount codes!

Sign up for our email list at https://lnkd.in/eqfZJShQ

Look for our podcast episodes - NOW AVAILABLE:
https://lnkd.in/g4YUbxjs

** As always the guidance here is general and for educational purposes only, it should not be construed to be legal advice and there is no attorney-client privilege created by this video. If you need an attorney, contact an attorney. **

#ByLandAndBySea

Topic of the Week (3/8/24):

A recap of the Federal Maritime Commission's National Shipper Advisory Committee (NSAC) (the meeting was hosted live at #TPM24) including the Committee's reaction to the Commission's two recent rulemakings and the NSAC Data Subcommittee's announcement of a letter signed by 44+ US organizations encouraging ocean carrier adoption of Digital Container Shipping Association (DCSA) technical standards for Operational Vessel Schedule 3.0 and Commercial Schedules 1.0 Beta 1 (released on Jan 10, 2024)

NSAC Meeting (video):
https://www.youtube.com/watch?v=Xv8jitF3DjU


NSAC (via FMC.gov) Website:
https://www.fmc.gov/industry-oversight/national-shipper-advisory-committee/


DCSA OVS and CS Standards:
https://dcsa.org/standards/operational-vessel-schedules
https://dcsa.org/standards/commercial-schedules

The Maritime Professorᵀᴹ presents By Land and By Sea - an attorney breaking down the week in supply chain

with Lauren Beagen (Founder of The Maritime Professorᵀᴹ and Squall Strategies)


Let's dive in...

1 - The Federal Maritime Commission is still working through the other two rulemakings: Unreasonable Refusal to Deal or Negotiate and Unfair or Unjustly Discriminatory Methods.


2 - The Ocean Alliance extends their agreement for five more years (to Mar 31, 2032) (incl. CMA CGM, COSCO SHIPPING Lines, OOCL, EVERGREEN LINE)
The Loadstar:
https://theloadstar.com/ocean-alliance-carriers-kill-defector-rumours-with-five-year-extension/


3 - INTERNATIONAL LONGSHOREMENS ASSOCIATION and UNITED STATES MARITIME ALLIANCE LIMITED negotiations - master contract expires Sept 2024.

JOC.com
https://www.joc.com/article/ila-gives-chapters-mid-may-deadline-reach-agreement-local-issues_20240208.html?


4 - First mariner casualties reported from Houthi attacks

gCaptain
https://gcaptain.com/houthi-attacks-turn-deadly-true-confidence/

-------------------------------
The Maritime Professorᵀᴹ is an e-learning/educational based company on all things maritime and supply chain - we provide employee trainings, e-content/e-courses, general trainings/webinars, and executive recruiting. Make sure to sign up for the email list so that you will be alerted to when the e-learning content is available, but also, being on the email list will give you exclusive access to promo/discount codes!

Sign up for our email list at https://lnkd.in/eqfZJShQ

Look for our podcast episodes - NOW AVAILABLE:
https://lnkd.in/g4YUbxjs

** As always the guidance here is general and for educational purposes only, it should not be construed to be legal advice and there is no attorney-client privilege created by this video. If you need an attorney, contact an attorney. **

#ByLandAndBySea

Topic of the Week (3/1/24):

The FMC released their final D&D rule last week; this week we simply talk about what will the rule require. Just the highlights.

Federal Maritime Commission Final Rule on Demurrage and Detention Billing Requirements:
https://lnkd.in/gdcUp6V2

The Maritime Professorᵀᴹ presents By Land and By Sea - an attorney breaking down the week in supply chain

with Lauren Beagen (Founder of The Maritime Professorᵀᴹ and Squall Strategies)

-------------------------------
The Maritime Professorᵀᴹ is an e-learning/educational based company on all things maritime and supply chain - we provide employee trainings, e-content/e-courses, general trainings/webinars, and executive recruiting. Make sure to sign up for the email list so that you will be alerted to when the e-learning content is available, but also, being on the email list will give you exclusive access to promo/discount codes!

Sign up for our email list at https://lnkd.in/eqfZJShQ

Look for our podcast episodes - NOW AVAILABLE:
https://lnkd.in/g4YUbxjs

** As always the guidance here is general and for educational purposes only, it should not be construed to be legal advice and there is no attorney-client privilege created by this video. If you need an attorney, contact an attorney. **

#ByLandAndBySea

Topic of the Week (2/23/24):
The FMC released their final D&D rule this morning - let's have a first impressions look.

Federal Maritime Commission Final Rule on Demurrage and Detention Billing Requirements:
https://public-inspection.federalregister.gov/2024-02926.pdf

Part 1 - MTOs included in the scope of this rule
(this will be a multi-part discussion)


The Maritime Professorᵀᴹ presents By Land and By Sea - an attorney breaking down the week in supply chain


with Lauren Beagen (Founder of The Maritime Professorᵀᴹ and Squall Strategies)


-------------------------------
The Maritime Professorᵀᴹ is an e-learning/educational based company on all things maritime and supply chain - we provide employee trainings, e-content/e-courses, general trainings/webinars, and executive recruiting. Make sure to sign up for the email list so that you will be alerted to when the e-learning content is available, but also, being on the email list will give you exclusive access to promo/discount codes!


Sign up for our email list at https://lnkd.in/eqfZJShQ


Look for our podcast episodes - NOW AVAILABLE:
https://lnkd.in/g4YUbxjs


** As always the guidance here is general and for educational purposes only, it should not be construed to be legal advice and there is no attorney-client privilege created by this video. If you need an attorney, contact an attorney. **


#ByLandAndBySea