Authors:
Jennifer Diaz, President, Diaz Trade Law
Vin DiCianni, President, Affiliated Monitors

Double Ace Cargo, a non-vessel-operating common carrier (NVOCC) based in Florida, has paid $165,000 in civil penalties and will self-finance independent monitoring of its business practices under two separate compromise agreements it reached with the Federal Maritime Commission (FMC).

Under the first agreement, reached in June 2023, Double Ace paid $115,000 in civil penalties to resolve allegations that it violated the law (46 U.S.C. § 41104(a)(11)) by transporting shipments on behalf of entities that were not licensed NVOCCs, did not have bonds, and did not publish tariffs. 46 U.S.C. § 41104(a)(11) governs common carriers and prohibits them from knowingly and willfully accept cargo from or transport cargo for the account of a non-vessel-operating common carrier that does not have a tariff, or an ocean transportation intermediary that does not have a bond, insurance, or other surety.

In reviewing the June 2023 compromise, the FMC ordered the Bureau of Enforcement, Investigations, and Compliance (BEIC) to conduct a second investigation to re-examine the conduct of Double Ace and to ensure the company was complying with all obligations. The investigation resulted in a second compromise agreement where the company paid $50,000 in civil penalties for transporting shipments on behalf of entities that were not licensed NVOCCs, did not have bonds, and did not publish tariffs, in violation of 46 U.S.C. § 41104(a)(11).

As part of the second compromise agreement, Double Ace agreed to pay for independent monitoring for 12 months. The monitor is providing monthly reports […]