Study Of The United States "NVOCC Service Agreements"

With the continuous development of international trade and modern logistics, non-vessel common carrier has now become a indispensable body of the international carriage of goods by sea the main.In the international society, a few countries,which China and the United States represented for ,has established non-vessel common Carrier System, Especially the United States of non-vessel carrier system, after 200 years of development, now has a rather well-established system, such as bonds, freight system, and NVOCC service agreements established recent years .At the end of 2003, the U.S. Federal Maritime Commission(FMC) launched on the the revised procedures of "Shipping Reform Act of 1998" , passed "Non-vessel carrier service agreements" (NVOCC Service Arrangement)."NVOCC Service Agreement" is to solve the problem left over by "Shipping Reform Act of 1998".In 2005, the FMC has adopted a "NVOCC Services Agreement" amendment.By these two bills, the FMC provisions NVOCC service agreement, means a written contract, other than a bill of lading or receipt, between one or more NSA shippers and an individual NVOCC or two or more affiliated NVOCCs, in which the NSA shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and the NVOCC commits to a certain rate or rate schedule and a defined service level. The NSA may also specify provisions in the event of nonperformance on the part of any party.All the NVOCC Services Agreement and the revised document should be filed in the FMC."NVOCC service agreement" gives the non-vessel carrier and the shipper the right to sign a secret agreement, which both carry business through public schedule of prices can also enter into service agreements with shippers to provide services.This approach allows non-vessel carrier and the ship operators on an equal competitive position, promote healthy competition in the shipping industry.China is still not established "NVOCC service agreement" ,according to the current rule,NVOCC may contract with the international shipping operators, but not contract with shipper, or other nvoccs .Compared with America's nvocc services agreements,Our nvocc don't have the equal competition status with ship company, also does not have special agencies to acceptance rate quote for archival purposes and service agreement etc.In this paper, the author brings issues up by the method of comparison,in combination of Chinese and overseas laws and regulation,with international practice of NVOCC,probing into the background and legislative basis,and the content, endeavour to put beneficial suggestions to the legal regime of NVOCC.