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46 U.S.C. § 40901 — License requirement

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 128 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person can't act as an ocean transportation intermediary without a Federal Maritime Commission license. A merchant can ship its own goods without this license. Agents working for a licensed intermediary are also exempt.

(a) In General No one in the United States may advertise, present themselves, or act as an ocean transportation intermediary without a license from the Federal Maritime Commission. The Commission must issue a license to anyone it decides is qualified, based on experience and character, to do this work. (b) Exception A person whose main business is selling merchandise can arrange shipping for that merchandise, for their own account, without needing this license. (c) Applicability Subsection (a) and section 40902 do not apply to someone who performs ocean transportation intermediary services on behalf of a licensed intermediary, as that intermediary's disclosed agent.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

A person in the United States may not advertise, hold oneself out, or act as an ocean transportation intermediary unless the person holds an ocean transportation intermediary’s license issued by the Federal Maritime Commission. The Commission shall issue a license to a person that the Commission determines to be qualified by experience and character to act as an ocean transportation intermediary.

(b)Exception.—

A person whose primary business is the sale of merchandise may forward shipments of the merchandise for its own account without an ocean transportation intermediary’s license.

(c)Applicability.—

Subsection (a) and section 40902 do not apply to a person that performs ocean transportation intermediary services on behalf of an ocean transportation intermediary for which it is a disclosed agent.

Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1538; Pub. L. 115–282, title VII, § 707(a), (b), Dec. 4, 2018, 132 Stat. 4295.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1538
  • 2018Amended · Pub. L. 115-282 · 132 Stat. 4295

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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