The Federal Maritime Commission (FMC) has reached a $1.9 million civil penalty settlement with A.P. Møller – Maersk, one of the world’s largest ocean carriers, over allegations that the company billed detention charges to third parties that had never agreed to its contracts or tariffs.

The FMC found that Maersk had assessed detention fees against parties who had not consented to be bound by its bills of lading, service contracts, or tariff terms — a practice regulators deemed improper under U.S. maritime law. Maersk did not admit to any violation as part of the settlement.

Under the terms of the agreement, Maersk must cease the practice immediately, amend its U.S. tariff rules to limit the definition of “merchant” strictly to shippers, consignees, and beneficial cargo interests — excluding unrelated third parties — and provide refunds and fee waivers to affected parties.

The $1.9 million penalty will be directed to the U.S. General Fund rather than to the FMC itself.

The enforcement action highlights an ongoing regulatory focus on detention and demurrage billing transparency in container shipping. For importers, exporters, and logistics intermediaries, the key takeaway is clear: carriers must ensure that detention charges are only billed to parties who have explicitly agreed to the governing contract terms. As FMC scrutiny intensifies, shippers and freight forwarders should review their exposure to third-party billing clauses in existing carrier agreements.