A bill to amend the Shipping Act, 1916, and the Merchant Marine Act, 1936, to promote comity with United States trading partners, and to encourage certain maritime agreements in the foreign commerce of the United States, and for other purposes.
Bilateral Liner Shipping Act of 1979 - Amends the Shipping Act, 1916, to allow United States-flag carriers to enter into reciprocal ocean transport agreements with other carriers which: (1) establish cargo revenue pools; (2) provide for rationalization of sailings and facilities among such carriers; (3) provide for the apportionment of earnings, losses, or revenues between carriers; or (4) establish equal access to liner cargoes.
Stipulates that such agreements may be implemented 30 days after notice of such an agreement has been published in the Federal Register and shall remain in effect until terminated by the parties upon 45 days notice to the Federal Maritime Commission.
Authorizes the Commission, upon complaint, to disapprove such an agreement if it is found to be discriminatory or under other specified circumstances.
Sets forth arbitration proceedings where a United States-flag carrier has complained that it has been alloted or offered an unfair allotment of the United States portion of any pool among United States-flag carriers.
Sets forth arbitration procedures for complaints regarding reciprocal ocean transportation agreements which implement intergovernmental agreements and which provide for equal access to cargo controlled or impelled by the Government of the United States or the government of the reciprocal nation where the effect of which will be to deny access to such cargo to nonparties of the agreement.
Authorizes the Commission, upon complaint, to suspend a reciprocal ocean agreement if: (1) it is probable that the agreement fails to comply with specified requirements; (2) irreparable injury will result to the complaining party if the agreement goes into effect; (3) such suspension will not substantially harm the parties to the agreement; and (4) such suspension will not adversely affect the free flow of commerce between the United States and the reciprocal nation involved.
Places the burden of showing that such an agreement should be suspended or disapproved on the complaining party. requirements for liner shipping agreements entered into between the United States
Amends the Merchant Act, 1936, to set forth and a foreign government which regulate ocean liner carriage. Requires that such agreements meet the following criteria: (1) membership and participation shall be open at all times and without unreasonable delays to all United States-flag carriers and reciprocal carriers applying to serve the trade (unless the reciprocal carrier elects to limit the participation of its carriers); (2) the collective share of the United States-flag carriage is not less than the greater of 40 percent of the cargo or revenue; (3) all liner cargo between the countries (except armed forces material and mail) shall be subject to the agreement unless unanimously excepted among the carriers; (4) there is a full and free competition among the United States-flag carriers for the United States share of such carriage if there is no unanimous commercial agreement as to their subshares; (5) all participating carriers shall be subject to neutral body policing; and (6) there are no provisions which discriminate or unreasonably restrict the operations of United States carriers.
Directs the Secretary of Commerce to establish a Maritime Industry Advisory Committee to advise the United States with respect to ocean liner agreements.
Deems liner shipping agreements to be in the public interest and directs the Government to negotiate such agreements wherever possible.
Stipulates that the Secretary of Commerce, in consultation with the Secretary of State, shall be responsible for negotiating and concluding such agreements.
Introduced in Senate
Referred to Senate Committee on Commerce, Science, and Transportation.
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