Ocean Shipping Reform Act of 2022 (OSRA 2022)

Signed June 16, 2022, OSRA 2022 places the burden on carriers and terminals to show that demurrage and detention charges are reasonable and comply with FMC rules, and noncompliant charges must be refunded. Carriers may not unreasonably refuse vessel space for US exports or imports, under an FMC rule effective September 23, 2024, or retaliate against shippers who complain. Carriers must report US import and export volumes to the FMC quarterly. The FMC can order refunds and assess civil penalties.

OSRA 2022 gives importers and 3PLs real leverage to challenge demurrage and detention bills, which can reach thousands of dollars per container during port congestion. Charges must be invoiced correctly and on time, and shippers can file charge complaints with the FMC. For example, if a terminal was closed or a container was unavailable for pickup and the carrier still bills detention, the importer can dispute it and the carrier must justify the charge. Tracking free time and appointment availability supports those disputes.

• DemurrageFee for a container left at the port too long
• DetentionFee for holding equipment or a truck too long
• Free TimeDays allowed before port fees start

• 2020-2022 Global Supply Chain Crisis2020–2022 · Congestion, box shortages and record freight rates

• FMC Demurrage and Detention Billing Rule2024 · FMC rules on how demurrage and detention is billed
• Shipping Act of 19841984, amended 1998 and 2022 · US law regulating ocean carriers and NVOCCs
• Ocean Shipping Reform Act of 1998 (OSRA)1998, effective 1999 · Allowed confidential ocean service contracts

1. S.3580, Ocean Shipping Reform Act of 2022, Congress.gov congress.gov
2. FMC final rule on unreasonable refusals to provide vessel space, Thompson Hine thompsonhine.com