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Newly Proposed FMC Regulations

On May 31, 2013 the Federal Maritime Commission (“FMC”) published proposed changes to the rules regulating Ocean Transportation Intermediaries (“OTI’s”) and Non-Vessel-Operating Common Carriers (“NVOCC’s”). The 60-day comment period ended on July 30, 2013 and the Final Publication is expected to be released sometime in December 2013 with the effective date sometime in February 2014. We have created an easy […]

FMC Simplifies Negotiated Rate Arrangements

The Federal Maritime Commission revised its Negotiated Rate Arrangement (NRA) regulations to reduce recordkeeping requirements.   With immediate effect, the FMC is a) eliminating the requirement for the shipper’s title and address in their written assent to rates, b) eliminating the requirement that the bill of lading include a notice that a shipment is moving pursuant to an NRA; and c) […]

A Proper Receipt Creates A Warehouse Lien

We are constantly being asked by NVOCCs, forwarders and warehousemen whether they have a legitimate lien on the cargo in their possession, such that that they can hold the freight until being paid.  The answers are not simple: you only have a lien on freight if it was  a)given to you by the cargo owner; or b) given to you […]

Inside FMC Licensing: References

Becoming an ocean transportation intermediary (“OTI”), a freight forwarder (“OFF”) or a non-vessel operating common carrier (NVOCC), is a great way to get involved in the international trade industry.  OFFs and NVOCCs facilitate the movement of goods overseas (via ocean carrier) from the original shipper, individuals or corporations, to their final point of distribution.  While the U.S. has regulations for […]

Federal Maritime Commission Begins Rulemaking Process to Amend Regulations to Eliminate Filing of Rate Tariffs By Licensed NVOCCs

On April 29, 2010, the Federal Maritime Commission published a proposed rulemaking to implement its February 18, 2010, decision to relieve licensed NVOCCs from the costs and burdens of tariff rate publication. The April 29 rulemaking promulgated new and amended regulations that, when given effect, will establish the criteria that must be adhered to by NVOCCs that seek to be […]

FMC Votes To Exempt NVOCCs From Publishing Rates

On February 18, 2010, the Federal Maritime Commission voted to approve a proposed rulemaking that would exempt non-vessel-operating common carriers (NVOCCs) from the longstanding requirement that they publish tariff rates. This move was motivated by the FMC’s desire to free NVOCCs from the substantial costs of publishing tariffs, thus saving jobs. The move may result in hundreds of thousands of […]