RULE: 9.010 - COMPENSATION Eff: 05MAR1999
| Effective | 05MAR1999 |
|---|---|
| Filed | 03FEB1999 |
| Filing Codes | I |
Compensation will be paid on freight monies only to such freight forwarders who are qualified to carry on the business of forwarding and to receive compensation under the provisions of the Shipping Act of 1984 and regulations effective pursuant thereto (46 CFR Part 510), and only when such freight forwarders have performed the services and made the certification required by said public law and regulations, and any amendments thereto. Carrier will not pay compensation to a freight forwarder on any shipment in connection with which the carrier files export declarations, or licenses, on behalf of the shipper or freight forwarder. Where a freight forwarder is entitled to compensation, the freight forwarder shall provide the ocean carrier with certification which indicates that the freight forwarder has performed the required services that entitle it to compensation. The certification shall read as follows: "The undersigned hereby certifies that neither it nor any holding company, subsidiary, affiliate, officer, director, agent or executive of the undersigned has a beneficial interest in this shipment; that it is the holder of valid F.M.C. License No. issued by the Federal Maritime Commission and has performed the following services: 1. Engaged, booked, secured, reserved, or contracted directly with the carrier or its agent for space aboard a vessel or confirmed the availability of that space; and 2. Prepared and processed the ocean Bill of Lading, dock receipt, or other similar document with respect to the shipment." The required certification may be placed on one copy of the relevant Bill of Lading, a summary statement from the freight forwarder, the freight forwarder's compensation invoice, or as an endorsement on the ocean carrier's compensation check. Deduction of freight forwarder compensation from freight charges due is not permitted. 3. Compensation to Freight Forwarders shall be paid on Ocean Freight only. 4. Compensation to Freight Forwarders who are also a Treasury Department Licensed Customs House Broker shall be paid on Total Freight Charges. 5. Compensation to Ocean Freight Brokers shall be paid on Ocean Freight only. When compensation is paid to Freight Forwarders under this rule no compensation shall be paid to Ocean Freight Brokers for the same shipment. Compensation shall be paid at the rates as shown in Rule 9.