(a) Prohibited Activities.— A person may provide interstate brokerage services as a broker only if that person—
(1)is registered under, and in compliance with, section
(2)has satisfied the financial security requirements under section
(b) Exceptions.— Subsection (a) shall not apply to—
(1)a non-vessel-operating common carrier (as defined in section
40102 of title
46) or an ocean freight forwarder (as defined in section
40102 of title
46) when arranging for inland transportation as part of an international through movement involving ocean transportation between the United States and a foreign port;
(2)a customs broker licensed in accordance with section
111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a customs bond or in a transaction involving customs business, as defined by section
111.1 of title 19, Code of Federal Regulations; or
(3)an indirect air carrier holding a Standard Security Program approved by the Transportation Security Administration, only to the extent that the indirect air carrier is engaging in the activities as an air carrier as defined in section
40102(2) or in the activities defined in section
(c) Civil Penalties and Private Cause of Action.— Any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of subsection (a) is liable—
(1)to the United States Government for a civil penalty in an amount not to exceed $10,000 for each violation; and
(2)to the injured party for all valid claims incurred without regard to amount.
(d) Liable Parties.— The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally—
(1)to any corporate entity or partnership involved; and
(2)to the individual officers, directors, and principals of such entities.
Section effective Oct. 1, 2012, see section 3(a) ofPub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section
101 of Title
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.