New FMC Demurrage and Detention Ruling

Demurrage and Detention Ruling Summary | Federal Maritime Commission (FMC) Compliance

"In accordance with the Ocean Shipping Reform Act of 2022, the Federal Maritime Commission (the Commission or FMC) is issuing regulations governing demurrage and detention billing requirements. This final rule requires common carriers and marine terminal operators to include specific minimum information on demurrage and detention invoices, outlines certain detention and demurrage billing practices, such as determination of which parties may appropriately be billed for demurrage or detention charges, and sets timeframes for issuing invoices, disputing charges with the billing party, and resolving such disputes.

​It adopts with changes the notice of proposed rulemaking published on October 14, 2022. Substantive changes allow consignees to be billed and clarify the timeframe for non-vessel-operating common carriers passing through demurrage and detention charges to issue their own invoices. Non-substantive changes improve clarity and remove drafting errors."


Click below to see how eModal Demurrage and Detention Collection works in compliance with FMC regulations.

OSRA FMC Regulatory Compliance
Ocean Shipping Reform Act (OSRA) | Federal Maritime Commission (FMC) Compliance

eModal provides regulatory compliant invoicing details for both terminals and lines.

In June 2022, President Biden signed into law S. 3580, the “Ocean Shipping Reform Act of 2022.” OSRA authorizes appropriations for the Federal Maritime Commission (FMC) for fiscal years 2022 through 2025, establishes additional requirements and prohibited conduct for ocean carriers and requires the FMC to issue rules related to certain fee assessments, including demurrage invoicing requirements, prohibited practices and guidelines for shipping registries. The new act also authorizes the FMC under certain circumstances to issue an emergency order requiring common carriers to share information directly with shippers and rail and motor carriers.

Ocean carriers and marine and rail terminals are advised to immediately initiate OSRA/FMC compliant invoicing for demurrage activities. Click the link below  to contact the eModal OSRA Support Team for more information on OSRA compliant invoicing. You may also contact us as ​[email protected].

eModal Fee Manager Provides the Following OSRA Mandated Demurrage Invoicing Requirements:

✓ ​Date that container is made available
✓ ​Port of discharge
✓ ​Container number or numbers
✓ ​For exported shipments, the earliest return date
✓ ​Allowed free time in days
✓ ​Start date of free time
✓ ​End date of free time
✓ ​Applicable detention or demurrage rule on which the daily rate is based
✓ ​Applicable rate or rates per the applicable rule
✓ ​Total amount due
✓ ​Email, telephone number, or other appropriate contact information for questions or requests for mitigation of fees
✓ ​Statement that the charges are consistent with any of Federal Maritime Commission rules with respect to detention and demurrage
✓ ​Statement that the common carrier’s performance did not cause or contribute to the underlying invoiced charges

Learn More About Complying with the OSRA Mandated Invoicing Requirements


​Demurrage Charge Details

eModal is The World's Largest Intermodal Fee Settlement Platform

Processing payments: Any Fee, Any Container, Anywhere
Advent eModal built the eModal Fee Manager offering based on the eModal platform to take advantage of existing interconnectivity and interoperability with the systems of ocean carriers, marine and rail terminal operators, motor carriers, freight forwarders, third party logistics providers (3PLs), beneficial cargo owners and shippers.
Value-Added Benefits:
✓ ​Automation of payment and reconciliation processes between systems
✓ ​Utilization of existing motor carrier and customer terminal connectivity and user interfaces
✓ ​Ease of data connectivity and integration for holds and releases
✓ ​Gate control for proactive management of non-payment situations
✓ ​Reduction of middle-layer processing fees and third-party collections

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Key Features:
✓ ​Presentation of all the necessary billing and invoicing information for OSRA regulatory compliance
✓ ​Automatic fee collection of all cargo payments for ports and terminals
Order to cash management, reporting and reconciliation of all fees
✓ ​Streamlined management of supply chain fee collection, including demurrage, storage detention, exam and port fees
  • Any published fee can be collected, pre or post-gate move
  • Payment flxibility via credit card, ACH check or guaranteed invoice
  • Online eCommerce billing, collection, chargebacks, refunds and settlement of terminal port fees from eModal.com or automated with API
✓ ​Dedicated eModal eCommerce team for support, including payment and phone support
✓ ​Online training, video tutorials and user guides
For more information on how to pay a fee or add a checking account for electronic payment, please visit: Demos and User Guides