FMC Hits Maersk With $1.9 Million Penalty Over Detention Billing

The U.S. Federal Maritime Commission (FMC) has reached a $1.9 million settlement with A.P. Moller – Maersk following allegations of improper detention billing practices. The investigation focused on violations of the Shipping Act, specifically regarding the assessment of detention charges against third-party motor carriers and shippers. These penalties underscore the FMC’s increased scrutiny of container shipping operations at major U.S. ports, ensuring that global carriers like Maersk adhere to strict regulatory standards regarding demurrage and detention billing transparency.

This enforcement action highlights the critical intersection of commercial operations and international maritime law. While the FMC focuses on the Shipping Act, global vessel compliance remains anchored in the Maritime Labour Convention (MLC 2006) and the International Safety Management (ISM) Code, which mandate rigorous documentation and transparent record-keeping. For compliance departments, the Maersk settlement serves as a warning that operational oversight must extend beyond SOLAS Chapter XI-2 or MARPOL Annex VI requirements to include administrative billing accuracy. Failure to maintain such standards risks significant financial penalties and increased regulatory audits for shipping lines.

For masters and navigating officers, this development reinforces the necessity of meticulous cargo documentation and communication with shore-based logistics teams. While billing disputes often occur at the administrative level, deck officers must ensure that all cargo arrival notices and detention logs are accurately recorded in the vessel’s electronic management systems. Maintaining precise records prevents downstream billing errors, ensuring that the vessel’s operational data remains beyond reproach during any potential FMC or port state control investigations.