Policy & Compliance
Container shipping at Miami
Federal Maritime Commission tightens up fi ling regulations
BIFA has been contacted by several Members regarding the question of fi ling an ocean tariff with the US Federal Maritime Commission (FMC). This tariff is typically fi led by ocean carriers or non-vessel operating common carriers (NVOCC) who are authorised to provide ocean transportation services for international shipments. In this article Joe De Braga , chief executive of fi cer, president, of Global Maritime Transportation Services Inc, provides answers to the questions that UK freight forwarders have asked BIFA
Understanding the difference: NVOCC versus freight forwarder. US regulations distinguish between the services provided by an NVOCC and those provided by a freight forwarder. Understanding these differences can help companies manage their business operations and profitability more effectively. Question: What does an NVOCC Licence allow you to do? The licence allows the holder to: • Purchase transportation from a vessel operating common carrier (VOCC), a licensed NVOCC, or an FMC-registered foreign-based NVOCC, • Appear on the VOCC’s master bill of lading as either the shipper or consignee, • Re-sell transportation services to cargo owners, • Issue their own house bills of lading. Question: So, what does a freight forwarder licence allow you to do? This licence allows the beneficiary to: • Purchase transportation from a VOCC, licensed NVOCC, or FMC- registered foreign-based NVOCC on behalf of the cargo owner, • Appear on the VOCC’s master bill of lading as the agent/freight forwarder, not as the shipper or consignee, • Charge clients for documentation and forwarding services, • Receive freight forwarder
Question: Companies often ask whether they must comply with US regulations when they are simply acting as an intermediary on a US shipment? The short answer is ‘yes’. These activities are governed by US law, and failing to comply can lead to significant penalties. Maritime transportation to and from the US is regulated by the FMC. Understanding the basic requirements is essential to staying compliant and protecting both your business and your clients from potential regulatory issues. Question: Who must register with the FMC? Companies that own the goods being shipped and act as either the shipper or consignee are not required to register with the FMC. However, any company acting as an intermediary — and not the owner of the goods — must comply with US regulations by either holding a licence or registering with
the FMC as a foreign-based company.
Question: Which options must an overseas entity consider when registering with the FMC? Companies that wish to handle freight to or from the US have three FMC-issued options: 1. Apply for a US licence as a NVOCC, 2. Apply for a US licence as a freight forwarder (FF), 3. Register as a foreign-based NVOCC. Each option has specific application requirements. For US- based NVOCC or freight forwarder licences, the company must designate a qualifying individual (QI) — an officer with at least three years of US-based ocean transportation experience. Once the licence is approved, the company must secure a bond: • $75,000 for an NVOCC licence, • $50,000 for a freight forwarder licence.
“ Licensed and registered companies are responsible for under- standing who they are working with when handling US shipments
20 | April 2026
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