§ 535.307 Agreements between or among wholly-owned subsidiaries and/or their parent—exemption.
发布06-20
生效06-20
摘要总结AI 辅助解读
该条款明确了美国海运法下全资子公司与母公司之间协议的豁免规则。根据46 CFR § 535.307，此类内部协议无需向联邦海事委员会（FMC）履行强制备案义务，且由此产生的协同行为不受《航运法》第10(c)条反竞争限制。虽然豁免了强制备案，但企业仍可选择性备案并需缴纳相应费用。此规定旨在简化跨国海运集团内部运营合规流程，降低行政负担。
- (a) An agreement between or among wholly-owned subsidiaries and/or their parent means an agreement under section 4 of the Act (46 U.S.C. 40301(a)-(c)) between or among an ocean common carrier or marine terminal operator subject to the Act and any one or more ocean common carriers or marine terminal operators which are ultimately owned 100 percent by that ocean common carrier or marine terminal operator, or an agreement between or among such wholly-owned carriers or terminal operators.
- (b) All agreements between or among wholly-owned subsidiaries and/or their parent are exempt from the filing requirements of the Act and this part.
- (c) Ocean common carriers are exempt from section 10(c) of the Act (46 U.S.C. 41105) to the extent that the concerted activities proscribed by that section result solely from agreements between or among wholly-owned subsidiaries and/or their parent.
- (d) The filing fee for optional filing of these agreements is provided in § 535.401(g).
[69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50728, Oct. 1, 2009]