§ 535.802 Service contracts.
发布06-20
生效06-20
摘要总结AI 辅助解读
本条款规范美国联邦海事委员会（FMC）监管下的海运公会协议成员行为。核心规定：公会协议不得禁止或限制成员与货主独立谈判服务合同，亦不得强制披露谈判细节或合同条款（法定要求除外）。公会仅可制定自愿性指南，且必须明确成员有权不遵循。该指南需在实施前提交至FMC贸易分析局并保密。此规定旨在保障航运市场的竞争自由，防止公会通过强制性规则干预成员的商业自主权。
- (a) Ocean common carrier agreements may not prohibit or restrict a member or members of the agreement from engaging in negotiations for service contracts with one or more shippers.
- (b) Ocean common carrier agreements may not require a member or members of the agreement to disclose a negotiation on a service contract, or the terms and conditions of a service contract, other than those terms or conditions required by section 8(c)(3) of the Act (46 U.S.C. 40502(d)).
- (c) Ocean common carrier agreements may not adopt mandatory rules or requirements affecting the right of an agreement member or agreement members to negotiate or enter into service contracts.
- (d) An agreement may provide authority to adopt voluntary guidelines relating to the terms and procedures of an agreement member's or agreement members' service contracts if the guidelines explicitly state the right of the members of the agreement not to follow these guidelines.
- (e) Voluntary guidelines shall be submitted to the Director, Bureau of Trade Analysis, Federal Maritime Commission, Washington, DC 20573- 0001. Voluntary guidelines shall be kept confidential in accordance with § 535.608 of this part. Use of voluntary guidelines prior to their submission is prohibited.
[69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50729, Oct. 1, 2009]