Sher & Blackwell has long been
known for its expertise in the federal regulation of the maritime industry, including
shipping, dredging, towage, fisheries and offshore energy. We regularly represent clients
in connection with regulatory issues involving the Federal Maritime Commission, U.S.
Maritime Administration ("Marad"), U.S. Cus
toms
Service, Office of Foreign Assets Control, U.S. Coast Guard, Federal Highway
Administration, National Oceanographic and Atmospheric Administration, Immigration and
Naturalization Service, Military Traffic Management Command, Surface Transportation Board,
the Departments of Transportation, Interior, Justice, Treasury and Energy, as well as
other federal agencies.
Among the matters we have recently handled are: issues under
U.S. embargo laws before the Office of Foreign Assets Control of the U.S. Department of
Treasury; the formation of international liner consortia and rate agreements; drafting of
vessel and space charters; filing of comments regarding the taxation of shipping income
before the Internal Revenue Service; drafting of passenger cruise transport contracts;
enforcement proceedings before the Federal Maritime Commission and Department of
Transportation; business related immigration planning for foreign employees; advice on
cabotage requirements applicable to shipping, dredging, towage and salvage; government
contract bid protests; testimony at agency hearings regarding liability issues pertaining
to intermodal equipment (chassis, trailers, containers); rulemaking comments before the
FMC, Customs, Coast Guard, and DOT; competition (merger and acquisition) filings at the
Federal Trade Commission; and the drafting of numerous liner service contracts in
compliance with the requirements of the Shipping Act of 1984, as amended.
The firm has taken lead positions on numerous maritime
regulatory issues pending before Congress, including: federal taxation of shipping; liner
shipping regulation; fisheries management; cargo liability and cabotage (passenger, cargo,
fisheries and other sectors). For example, in the liner transport sector, members of the
firm were heavily involved in the legislative process that led to the passage of both the
Shipping Act of 1984 and the Ocean Shipping Reform Act of 1998 ("OSRA"), and the
firm represented a coalition consisting of most ocean carriers in the U.S. trades in the
rulemaking proceedings that implemented OSRA. It has also taken a lead role in opposing a
variety of federal taxes on shipping.
A large part of the firm’s practice is international and
we regularly interact with foreign government agencies and foreign counsel as part of
multinational activities or transactions. Members of the firm have testified as experts on
maritime competition law in proceedings before the European Union Competition Directorate,
as well as in non-U.S. court and arbitration proceedings.
The firm has particular expertise in U.S. competition law as
applied to the maritime sector. We have done substantial work on regulatory requirements
applicable to joint ventures, business alliances and consortia, and mergers and
acquisition, both domestic and international.
In the ocean liner sector, we represent carriers and other
regulated entities on all issues within the jurisdiction of the Federal Maritime
Commission, including service contracts, tariffs, enforcement actions, licensing and
rulemakings. We also represent numerous rate discussion agreements and shipping
conferences which operate under exemptions from U.S. antitrust laws and are subject to FMC
regulation. 
