政策法规现行有效美国海运规则

§ 531.3 Definitions.

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	2018-07-23	2018-08-22	Code of Federal Regulations (CFR) - Shipping (Title 46)

发布07-23

生效08-22

摘要总结AI 辅助解读

本条款为美国联邦法规第46篇（海运）中关于NVOCC服务协议（NSA）的定义章节。核心界定了“NSA”的法律构成：必须是书面合同，排除提单或收据；要求货主承诺固定时间段内的最低货量或运费收入，NVOCC承诺特定费率及服务水平。同时明确了“NSA货主”涵盖托运人、收货人、货代协会及OTI等主体，并定义了“规则运价表”不包含具体费率。该定义直接决定了哪些商业安排受FMC监管及备案义务约束。

When used in this part:

(a) Act means the Shipping Act of 1984 as amended by the Ocean Shipping Reform Act of 1998;
(b) Affiliate means two or more entities which are under common ownership or control by reason of being parent and subsidiary or entities associated with, under common control with, or otherwise related to each other through common stock ownership or common directors or officers.
(c) Amendment means any change to an NSA which has prospective effect and which is mutually agreed upon by all parties to the NSA.
(d) Commission or FMC means the Federal Maritime Commission.
(e) Common carrier means a person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that:

- (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination; and

- (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities:

(i) If the common carrier and the owner of those commodities are wholly owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities and

- (ii) Only with respect to those commodities.

(f) Effective date means the date upon which an NSA or amendment is scheduled to go into effect by the parties to the NSA. An NSA or amendment becomes effective at 12:01 a.m. Eastern Standard Time on the beginning of the effective date. The effective date cannot be prior to the date of the NSA or amendment.
(g) Expiration date means the last day after which the entire NSA is no longer in effect.
(h) NSA shipper means a cargo owner, the person for whose account the ocean transportation is provided, the person to whom delivery is to be made, a shippers' association, or an ocean transportation intermediary, as defined in section 3(17)(B) of the Act (46 U.S.C. 40102(16)), that accepts responsibility for payment of all applicable charges under the NSA.
(i) NVOCC Service Arrangement (“NSA”) means a written contract, other than a bill of lading or receipt, between one or more NSA shippers and an individual NVOCC or two or more affiliated NVOCCs, in which the NSA shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and the NVOCC commits to a certain rate or rate schedule and a defined service level. The NSA may also specify provisions in the event of nonperformance on the part of any party.
(j) Rules tariff means a tariff or the portion of a tariff, as defined by 46 CFR 520.2, containing the terms and conditions governing the charges, classifications, rules, regulations and practices of an NVOCC, but does not include a rate.

[83 FR 34791, July 23, 2018]