政策法规现行有效美国海运规则

§ 515.27 Proof of compliance—NVOCC.

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2020-02-20	2020-02-20	Code of Federal Regulations (CFR) - Shipping (Title 46)

发布02-20

生效02-20

摘要总结AI 辅助解读

本法规（46 CFR § 515.27）确立了美国公共承运人（Common Carrier）在接受无船承运人（NVOCC）或货运代理（OFF）货物时的合规证明义务。承运人不得明知故犯地接受未持有有效公布运价表（Tariff）及财务责任担保（Bond/Insurance）的NVOCC/OFF的货物。为简化操作，承运人可通过查询FMC官网（www.fmc.gov）发布的合规名单来履行验证义务；若依此程序操作且无恶意知情，即视为已满足法定要求。该规定旨在强化海运中介市场的准入与财务监管闭环。

(a) No common carrier may knowingly and willfully accept cargo from or transport cargo for the account of:

- (1) An NVOCC that does not have a published tariff as required by 46 U.S.C. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. 40902 and this part; or

- (2) An OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. 40902 and this part.

(b) A common carrier can obtain proof of an NVOCC or OFF's compliance with the OTI licensing, registration, tariff and financial responsibility requirements by:

- (1) Consulting the Commission's website www.fmc.gov as provided in paragraph (d) of this section, to verify that the NVOCC or OFF has complied with the applicable licensing, registration, tariff, and financial responsibility requirements; or

- (2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff.

(c) A common carrier that has employed the procedure prescribed in paragraph (b)(1) of this section shall be deemed to have met its obligations under 46 U.S.C. 41104(a)(11), unless the common carrier knew that such NVOCC or OFF was not in compliance with the applicable tariff or financial responsibility requirements.
(d) The Commission will publish at its Web site, www.fmc.gov, a list of the locations of all carrier and conference tariffs, and a list of ocean transportation intermediaries (including a separate list for NVOCCs) who have met all of their applicable licensing, registration, tariff and financial responsibility requirements, current as of the last date on which the list is updated. The Commission will update this list on a periodic basis.

[80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]