政策法规现行有效美国海运规则

§ 520.11 Non-vessel-operating common carriers.

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	2024-01-02	2024-02-01	Code of Federal Regulations (CFR) - Shipping (Title 46)

发布01-02

生效02-01

摘要总结AI 辅助解读

本规定细化了美国联邦海事委员会（FMC）对无船承运人（NVOCC）在运价本（Tariff）中的披露要求。核心变更包括：强制公开财务责任证明细节（如担保方、保单号及是否依赖团体保险）；境外NVOCC必须明确指定美国法律送达代理人，并声明若代理人不可用则视为由FMC秘书接收文书；规范共载（Co-loading）场景下的关系界定与提单标注义务，要求区分“承运人-承运人”或“托运人-承运人”关系，并在提单正面清晰标注参与共载的其他NVOCC身份。建议相关主体立即核查现有运价本合规性。

(a) Financial responsibility. An ocean transportation intermediary that operates as a non-vessel-operating common carrier must state in its tariff publication:

- (1) That it has furnished the Commission proof of its financial responsibility in the manner and amount required by part 515 of this chapter;

- (2) The manner of its financial responsibility;

- (3) Whether it is relying on coverage provided by a group or association to which it is a member;

- (4) The name and address of the surety company, insurance company, or guarantor issuing the bond, insurance policy, or guaranty;

- (5) The number of its bond, insurance policy, or guaranty; and

- (6) Where applicable, the name and address of the group or association providing coverage.

(b) Agent for service. Every NVOCC not in the United States must state the name and address of the person in the United States designated under part 515 of this chapter as its legal agent for service of process, including subpoenas. The NVOCC must also state that in any instance in which the designated legal agent cannot be served because of death, disability, or unavailability, the Commission's Secretary will be deemed to be its legal agent for service of process.
(c) Co-loading. NVOCCs must address the following situations in their tariffs:

- (1) If two or more NVOCCs enter into an agreement which establishes a carrier-to-carrier relationship for the co-loading of cargo, then the existence of such agreement must be noted in the tariff. Carrier-to-carrier relationships apply to the co-loading of less than container loads of cargo only.

- (2) If two NVOCCs enter into a co-loading arrangement which results in a shipper-to-carrier relationship, the tendering NVOCC must describe its co-loading practices and specify its responsibility to pay any charges for the transportation of the cargo. A shipper-to-carrier relationship is presumed to exist where the receiving NVOCC issues a bill of lading to the tendering NVOCC for carriage of the co-loaded cargo. Shipper-to-carrier relationships may apply to the co-loading of full container loads or less than container loads of cargo.

- (3) An NVOCC which tenders cargo to another NVOCC for co-loading, whether under a shipper-to-carrier or carrier-to-carrier relationship, shall annotate each applicable bill of lading with the identity of any other NVOCC to which the shipment has been tendered for co-loading. Such annotation shall be shown on the face of the bill of lading in a clear and legible manner.

[89 FR 32, Jan. 2, 2024]