Regulation 5—Negotiation of charges (1) The Authority shall negotiate on behalf of shippers with associations of shipping service providers (a) charges of shipowners, shipping lines and agents; (b) port charges; (c) terminal and shore handling charges; (d) charges of freight consolidators; (e) charges for receipt and delivery operations; (f) charges of freight forwarders; (g) charges of custom house agents; (h) charges of hauliers of international cargoes; and (j) other charges of allied service providers. (2) For the purpose of negotiations, an association representing shipping service providers that provides services to shippers, shall notify the Authority three months before the beginning of each calendar year of the level and structure of the charges that the shipping service provider intends to administer. (3) A shipping service provider who is not a member of any association shall negotiate with the Authority or charge the rates agreed upon between the relevant association and the Authority. (4) The Authority and the shipping service provider or the association of shipping service providers shall conclude negotiations for the charge to be effected for the ensuing year. (5) Where arising out of an exigency there is a need to review rates and charges, the relevant shipping service provider shall notify the Authority of the necessary review and the Authority shall within seven days of the notification call for a meeting between the Authority and the relevant shipping service provider to discuss the proposed rates. (6) Where negotiations are not concluded (a) within a period of thirty days after the commencement of negotiations under subregulation (4), or (b) within a period of thirty days after the notification to the Authority of the necessary review required under subregulation (5) the parties to a disagreement or dispute that arises out of the negotiations may appoint an expert and the two parties may mutually agree to appoint an umpire for the determination of the dispute. (7) Where the parties are unable to resolve the dispute through the mechanism under subregulation (6), the dispute shall be referred to a panel of experts to arbitrate in the matter. (8) The Minister shall constitute the panel of experts which consists of (a) one representative of the Ministry of Transport; (b) one representative of a recognised professional body in the transport and logistics industry in respect of international trade; and (c) three experts from the transport and logistics industry. (9) A decision of the panel of experts is binding between the parties but does not prejudice the right of either of the parties to seek legal redress. (10) The Authority shall publish the negotiated charges in the Shippers' Bulletin and in at least two daily newspapers of national circulation for the benefit of shippers and shipping service providers. (11) A shipping service provider that administers a charge for a service that the shipping service provider renders to a shipper without having negotiated that charge with the Authority shall pay to the Authority an administrative penalty of not more than two hundred penalty units and in the case of a continuing action an additional administrative penalty of ten penalty units for each day during which the action continues after written notice has been served on the offender by the Authority. (12) A shipping service provider that administers a charge above the negotiated charge shall, upon a report to the Authority, be made to refund the excess amount to the shipper and pay an administrative penalty of ten penalty units for each day that the action continues. (13) The Authority shall, upon the failure of a shipping service provider to refund the excess charge and to pay the fine within thirty days, treat the amount outstanding as a debt and take legal action to recover the amount.