§ 515.4 License; when not required.
发布02-20
生效02-20
摘要总结AI 辅助解读
本条款明确了在美国海运中介（OTI）监管框架下，四类主体无需申请FMC许可证的情形：1. 货主（Shippers）仅为其自身或关联公司货物提供代理服务且不向承运人收取佣金时；2. OTI的披露代理人、员工及分支机构（但OTI需对分支机构进行备案并承担责任）；3. 公共承运人（Common Carriers）仅针对其自有提单项下的货物提供代理服务且按公布运价收费时；4. 专门运输联邦军事或民用家庭用品的主体。该规定界定了合规豁免边界，直接影响相关主体的资质要求与业务操作模式。
A license is not required in the following circumstances:
- (a) Shippers. Any person whose primary business is the sale of merchandise may, without a license, dispatch and perform freight forwarding services on behalf of its own shipments, or on behalf of shipments or consolidated shipments of a parent, subsidiary, affiliate, or associated company. Such person shall not receive compensation from the common carrier for any services rendered in connection with such shipments.
- (b) Agents, employees, or branch offices of an ocean transportation intermediary.
- (1) A disclosed agent, individual employee, or branch office of an ocean transportation intermediary is not required to be licensed in order to act on behalf of and in the name of such ocean transportation intermediary.
- (2) An ocean transportation intermediary must report branch offices to the Commission in Form FMC-18 or under the procedures in § 515.20(e).
- (3) An ocean transportation intermediary is fully responsible for the acts and omissions of any of its employees and agents that are performed in connection with the conduct of the ocean transportation intermediary's business.
- (c) Common carriers. A common carrier, or agent thereof, may perform ocean freight forwarding services without a license only with respect to cargo carried under such carrier's own bill of lading. Charges for such forwarding services shall be assessed in conformance with the carrier's published tariffs.
- (d) Federal military and civilian household goods. Any person which exclusively transports used household goods and personal effects for the account of the Department of Defense, or for the account of the federal civilian executive agencies shipping under the International Household Goods Program administered by the General Services Administration, or both, is not subject to the requirements of subpart B of this part, but may be subject to other requirements, such as alternative surety bonding, imposed by the Department of Defense, or the General Services Administration.
[80 FR 68731, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]