Appendix A to Subpart W of Part 502 - Example of Compromise Agreement To Be Used Under 46 CFR 502.604
46:9.0.1.1.3.23.1.6.7 : Appendix A
Appendix A to Subpart W of Part 502 - Example of Compromise
Agreement To Be Used Under 46 CFR 502.604 Compromise Agreement FMC
File No. ____
This Agreement is entered into between:
(1) the Federal Maritime Commission, hereinafter referred to as
Commission, and
(2) ________, hereinafter referred to as Respondent.
Whereas, the Commission is considering the institution of an
assessment proceeding against Respondent for the recovery of civil
penalties provided under the [appropriate statute], for alleged
violations of section ____;
Whereas, this course of action is the result of practices
believed by the Commission to have been engaged in by Respondent,
to wit:
[General description of practices and dates or time period
involved]
Whereas, the Commission has authority under the Shipping Act of
1984 to compromise and collect civil penalties; and,
Whereas, Respondent has terminated the practices which are the
basis for the allegations of violation set forth herein, and has
instituted and indicated its willingness to maintain measures
designed to eliminate these practices by Respondent, its officers,
directors or employees.
Now Therefore, in consideration of the premises herein, and in
compromise of all civil penalties arising from the alleged
violations, Respondent and the Commission hereby agree upon the
following terms and conditions of compromise and settlement:
1. Respondent shall make a monetary payment to the Commission
herewith, by bank cashier's check, in the total amount of
$____.
2. Upon acceptance in writing of this Agreement by the Director
of the Bureau of Enforcement of the Commission, this instrument
shall forever bar the commencement or institution of any assessment
proceeding or other claim for recovery of civil penalties from the
Respondent arising from the alleged violations set forth above.
3. It is expressly understood and agreed that this Agreement is
not, and is not to be construed as, an admission by Respondent to
the alleged violations set forth above.
(Respondent's Name) By: Title: Date: Approval and Acceptance
The above terms, conditions and consideration are hereby
approved and accepted:
By the Federal Maritime Commission:
Director, Bureau of Enforcement Date: [49 FR 44418, Nov. 6, 1984.
Redesignated at 58 FR 27211, May 7, 1993, as amended at 61 FR
51233, Oct. 1, 1996; 65 FR 81759, Dec. 27, 2000]