§ 530.6 Certification of shipper status.
发布06-23
生效07-24
摘要总结AI 辅助解读
本法规（46 CFR § 530.6）规定了海运服务合同签署时关于托运人身份认证及无船承运人（NVOCC）资质证明的强制性要求。核心义务包括：合同方必须书面认证其自身及关联方的托运人身份；若涉及 NVOCC，船公司必须在签约前核实其已公布运价并持有财务责任担保；NVOCC 在合同期内加入托运人协会后，须在发货前补交上述证明。该条款旨在确保海运市场合规运营，明确船公司在未获虚假证明知情权时的免责边界。
- (a) Certification. The shipper contract party shall sign and certify on the signature page of the service contract its shipper status (e.g., owner of the cargo, shippers' association, NVOCC, or specified other designation), and the status of every affiliate of such contract party or member of a shippers' association entitled to receive service under the contract.
- (b) Proof of tariff and financial responsibility. If the certification completed by the contract party under paragraph (a) of this section identifies the contract party or an affiliate or member of a shippers' association as an NVOCC, the ocean common carrier, conference or agreement shall obtain proof that such NVOCC has a published tariff and proof of financial responsibility as required under sections 8 (46 U.S.C. 40501-40503) and 19 (46 U.S.C. 40901-40904) of the Act before signing the service contract. An ocean common carrier, conference or agreement can obtain such proof by the same methods prescribed in § 515.27 of this chapter.
- (c) Joining shippers' association during term of contract. If an NVOCC joins a shippers' association during the term of a service contract and is thereby entitled to receive service under the contract, the NVOCC shall provide to the ocean common carrier, agreement or conference the proof of compliance required by paragraph (b) of this section prior to making any shipments under the contract.
- (d) Reliance on NVOCC proof; independent knowledge. An ocean common carrier, agreement or conference executing a service contract shall be deemed to have complied with 46 U.S.C. 41104(a)(12) upon meeting the requirements of paragraphs (a) and (b) of this section, unless the carrier party had reason to know such certification or documentation of NVOCC tariff and bonding was false.
[64 FR 11206, Mar. 8, 1999, as amended at 74 FR 50723, Oct. 1, 2009; 85 FR 9683, Feb. 20, 2020]