FMC Proposes Changes to Ocean Transport Intermediary Regulations

Posted by Juana Escobar on 6/4/13 5:05 PM

On a Federal Register notice published on May 31, 2013, the Federal Maritime Commission (FMC) issued an Advance Notice of Proposed Rulemaking to amend its current regulations on the licensing, financial responsibility requirements and duties of Ocean Transport Intermediaries (OTI).

According to the FMC's proposed rule, these changes are "intended to adapt to changing industry conditions, improve regulatory effectiveness, improve transparency, streamline processes and reduce regulatory burdens."

Some of the most significant amendments to the regulations include:

  • Section 515.11(e) would require that foreign-based Non-Vessel-Operating Common Carriers (NVOCC) wishing to obtain a license rather than register would need to establish a presence in the United States by opening an unincorporated office that is operated by a bona fide employee
  • Section 515.14(c) would be created, stating that OTI licenses will be valid for a period of two years. Renewal must be filed 60 days prior to the license expiration date, in an electronic format unless a waiver is approved by the Director of the Bureau of Certification and Licensing
  • Section 515.21, regarding financial responsibility requirements, is being amended to increase the bond amounts for ocean freight forwarders and NVOCCs.

Comments to the FMC regarding these proposed changes are due on or before July 31, 2103.

The full text of the FMC notice is available online here.

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