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  • 6 weeks ago
During a House Transportation Committee hearing before the Congressional Recess, Rep. Mike Ezell (R-MS) asked Commissioner of the Federal Maritime Commission Rebecca Dye about protections for U.S. shippers from foreign bad actors, particularly those from China.
Transcript
00:00I will recognize myself for five minutes for questions.
00:04The global ocean shipping market is increasingly dominated by foreign state bad actors, bad carriers,
00:11particularly from China, which raises concerns about unfair competition and potential harm to U.S. mariners,
00:19shippers, and long-term supply chains operations.
00:22Does the Commission have enough resources to protect U.S. mariners and shippers from unfair practices
00:29by foreign state-sponsored carriers like those backed by the Chinese government?
00:35Thank you, Mr. Chairman. We do.
00:39One of the advantages of a small agency, I have found,
00:43is that we are able to pivot much more quickly than giant organizations.
00:50And we have reorganized our competition office to combine our economists with our attorneys working on competition.
01:03And I've long supported this approach, and it will make us much more effective.
01:09And we've also refocused our enforcement regime to make sure that we are using those resources effectively.
01:24So thank you very much. I'm confident that we'll be effective.
01:27Very good.
01:28The Ocean Shipping Reform Act 2022, OSRA, expanded the FMC's authority to regulate detention and demerge practices,
01:39investigate discriminatory behavior by carriers, and enhance protections for shippers.
01:46Where is the FMC on OSRA implementation?
01:51When do you expect full implementation of OSRA?
01:56How have shippers benefited since OSRA's passage?
02:01As I reported, we have completed two of the most important regulations,
02:11and we're awaiting to see the final court action on those.
02:16But today, ocean carriers are complying with those regulations.
02:21Very good.
02:21And we get good reports about the operation of those.
02:26We still are working on the exchange registry,
02:33and the small remainder of the discriminatory regulation that we'll complete.
02:42We're also going to complete the new charge complaint regulation to make sure the public understands the approach.
02:51And we're in good shape and compliance with all the reports in OSRA as well.
02:58Very good.
02:59The FMC recently launched an investigation into whether foreign vessels flagging laws,
03:04regulations, and practices create unfavorable conditions for U.S. trade.
03:09What prompted this investigation?
03:12What practices are you concerned about that could undermine fair maritime trade?
03:19These authorities that I outlined in my statement for the record are advantageous to U.S. flagships.
03:29And we believe that it could provide a good grounding for U.S. vessel registry to know that if there are problems,
03:41the United States will go to bat for you.
03:45And this is one of them.
03:48The flags of convenience are really open registries.
03:57Panama, Marshall Islands, Liberia.
04:01And they accept registrations from owners of vessels who are outside their residence.
04:11The United States is a closed registry.
04:13And many other major ones are closed registries.
04:20There has been a concern that the open registries, flags of convenience, are not as effective in enforcing regulations.
04:32And then in some ways, their enforcement has been pushed off onto court states like the United States.
04:45These fact findings, these investigations, are very flexible.
04:53They can be stood up quickly.
04:54They do not have, on their own, authority to require violations or anything like that.
05:07But we'll get to the bottom of this.
05:09And then, of course, we'll inform the Coast Guard.
05:12Thank you very much.
05:13I yield back.
05:14Thank you very much.
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