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GeneralNVOCC

Non-Vessel Operating Common Carrier

A company that issues its own bills of lading and sells ocean transport without operating ships.

What is Non-Vessel Operating Common Carrier?

A non-vessel operating common carrier (NVOCC) is, under 46 U.S.C. 40102, a common carrier that does not operate the vessels by which the ocean transportation is provided and is a shipper in its relationship with an ocean common carrier. It holds itself out to the public, issues its own house bills of lading and accepts carrier responsibility towards its customers, while buying space from vessel operators. In the US, NVOCCs and ocean freight forwarders together form the category of ocean transportation intermediaries (OTIs), regulated by the Federal Maritime Commission under 46 CFR part 515. NVOCCs based in the US must be licensed, while NVOCCs based outside the US can choose either a license or a registration. NVOCCs must publish their rates in a public tariff, and may use NVOCC rate arrangements or negotiated service arrangements as permitted by FMC rules.

Why it matters for forwarders

Financial responsibility is a condition of operating in US trades: $75,000 for a licensed NVOCC and $150,000 for a foreign-based registered NVOCC, compared with $50,000 for an ocean freight forwarder, with sureties filing Form FMC-48. A license requires a qualifying individual with at least three years of OTI experience in the United States, and foreign registrations (Form FMC-65) must be renewed every three years. Under 46 CFR 515.27, ocean carriers must obtain proof that an NVOCC has a published tariff and financial responsibility before accepting its cargo, so a lapse can stop bookings. As carriers, NVOCCs are subject to the FMC's demurrage and detention billing rules, cargo claims and US advance manifest obligations for their house bills. Forwarders acting as NVOCCs in other countries face different licensing schemes, so check local rules wherever house bills are issued.

NVOCC FAQ

What is the difference between an NVOCC and a freight forwarder?

An NVOCC acts as a carrier, issuing its own bills of lading and accepting carrier liability, while an ocean freight forwarder arranges shipments for shippers as their agent. Many companies hold both licenses and act in one role or the other depending on the shipment.

Does a foreign NVOCC need an FMC license?

A non-US NVOCC serving US trades must either obtain an FMC license or register with the FMC, publish a tariff and provide financial security. Registration requires a $150,000 bond, against $75,000 for a license.

How much is an FMC NVOCC bond?

A licensed NVOCC must provide $75,000 in financial responsibility, a foreign-based registered NVOCC $150,000, and an ocean freight forwarder $50,000. The surety files the bond with the FMC on Form FMC-48.

How do I check whether an NVOCC is FMC licensed or registered?

The FMC publishes a list of ocean transportation intermediaries on its website showing licensed and registered companies. Ocean carriers can rely on it to confirm that an NVOCC has a tariff and financial responsibility before accepting its cargo.

Sources

  1. 46 U.S. Code 40102: Definitions, Legal Information Institute, Cornell Law School
  2. Apply for a License or Request a Foreign Registration, Federal Maritime Commission
  3. 46 CFR 515.21: Financial responsibility requirements, Legal Information Institute, Cornell Law School

Rules and figures change. Check the current text with the issuing body before relying on it.

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