eCFR :: 46 CFR 515.41 -- Forwarder and principal; fees.
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Title 46
—Shipping
Chapter IV
—Federal Maritime Commission
Subchapter B
—Regulations Affecting Ocean Shipping in Foreign Commerce
Part 515
—Licensing, Registration, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries
Subpart E
—Freight Forwarding Fees and Compensation
§ 515.41
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Citation
46 CFR 515.41
Agency
Federal Maritime Commission
Part 515
Authority:
5 U.S.C. 553
31 U.S.C. 9701
46 U.S.C. 40102
40104
40501-40503
40901-40904
41101-41109
41301-41302
41305-41307
46105
Pub. L. 105-383
, 112 Stat. 3411;
21 U.S.C. 862
Source:
64 FR 11171
, Mar. 8, 1999, unless otherwise noted.
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The
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(CFR) is the official legal print publication containing the codification of the general and permanent rules published in the
Federal Register
by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.
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Editorial Note on
Part 515
Editorial Note:
Nomenclature changes to part 515 appear at
67 FR 39860
, June 11, 2002, and
70 FR 7669
, Feb. 15, 2005.
§ 515.41 Forwarder and principal; fees.
(a)
Compensation or fee sharing.
No licensed freight forwarder shall share, directly or indirectly, any compensation or freight forwarding fee with a shipper, consignee, seller, or purchaser, or an agent, affiliate, or employee thereof; nor with any person advancing the purchase price of the property or guaranteeing payment therefor; nor with any person having a beneficial interest in the shipment.
(b)
Receipt for cargo.
Each receipt for cargo issued by a licensed freight forwarder shall be clearly identified as “Receipt for Cargo” and be readily distinguishable from a bill of lading.
(c)
Reduced forwarding fees.
No licensed freight forwarder shall render, or offer to render, any freight forwarding service free of charge or at a reduced fee in consideration of receiving compensation from a common carrier or for any other reason.
Exception:
A licensed freight forwarder may perform freight forwarding services for recognized relief agencies or charitable organizations, which are designated as such in the tariff of the common carrier, free of charge or at reduced fees.
(d)
In-plant arrangements.
A licensed freight forwarder may place an employee or employees on the premises of its principal as part of the services rendered to such principal, provided:
(1)
The in-plant forwarder arrangement is reduced to writing and identifies all services provided by either party (whether or not constituting a freight forwarding service); states the amount of compensation to be received by either party for such services; sets forth all details concerning the procurement, maintenance or sharing of office facilities, personnel, furnishings, equipment and supplies; describes all powers of supervision or oversight of the licensee's employee(s) to be exercised by the principal; and details all procedures for the administration or management of in-plant arrangements between the parties; and
(2)
The arrangement is not an artifice for a payment or other unlawful benefit to the principal.
64 FR 11171
, Mar. 8, 1999, as amended at
80 FR 68737
, Nov. 5, 2015]
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