§ 535.304 Agency agreements—exemption.
发布06-20
生效06-20
摘要总结AI 辅助解读
该条款明确了美国联邦海事委员会（FMC）关于船务代理协议的豁免规则。定义上，代理协议指远洋公共承运人委托另一承运人或码头运营商作为其代理，负责揽货、订舱及签署提单等事务。核心合规点在于：此类协议通常免于向FMC备案，但存在两项关键例外：一是当代理方为同一航线上的竞争承运人时；二是当代理方在同一航线上与多家承运人签订类似协议时。此外，若选择自愿备案，需依据§535.401(g)缴纳费用。此规定直接影响船代及多式联运经营人的合规申报义务。
- (a) An agency agreement is an agreement between an ocean common carrier and another ocean common carrier or marine terminal operator, acting as the former's agent, under which the agent solicits and books cargoes and signs contracts of affreightment and bills of lading on behalf of the ocean common carrier. Such an agreement may or may not also include husbanding service functions and other functions incidental to the performance of duties by agents, including processing of claims, maintenance of a container equipment inventory control system, collection and remittance of freight and reporting functions.
- (b) An agency agreement as defined above is exempt from the filing requirements of the Act and of this part, except those:
- (1) Where a common carrier is to be the agent for a competing ocean common carrier in the same trade; or
- (2) That permit an agent to enter into similar agreements with more than one ocean common carrier in a trade.
- (c) The filing fee for optional filing of agency agreements is provided in § 535.401(g).