Generally, agreements by and among ocean common carriers that provide for the fixing of rates, charges and other conditions of service; the pooling of revenues; the fixing of sailing schedules; the sharing of vessel space; the regulating of competition; the discussion of service contract matters; or any exclusive, preferential, cooperative working arrangement between carriers or with or among marine terminal operators are subject to filing.  Pricing agreements between and among marine terminal operators or between marine terminal operators and ocean common carriers are also required to be filed. 46 C.F.R. § 535.201.

How do I file an agreement with the Commission?

Agreements subject to filing are to be submitted to the Secretary of the Commission at its Washington DC Office, 800 North Capitol Street, NW, Washington, DC 20573. Along with the original signed copy of the agreement, the parties are to submit seven extra copies of the agreement and the appropriate filing fee. 46 CFR § 535.401(g).  Certain agreements require the submission of an Information Form, see 46 C.F.R. 535.501 for applicability.

What is an Information Form?

Commission regulations require that most types of ocean common carrier agreements (including those that have the authority to discuss tariffs, any kind of rate or charge, capacity rationalization, joint service, pooling or service contracts), unless they are low market share agreements (defined at 46 CFR 535.311) submit an Information Form. 46 C.F.R. § 535.503; 46 C.F.R. § 535.201(a).

The Information Form collects and organizes service and economic data of the proposed agreement. 46 C.F.R. 535 Appendix A.

How do I get a copy of an agreement?

Contact the Bureau of Trade Analysis’ Office of Agreements by phone (202) 523-5796, by fax (202) 523-4372, or via email tradeanalysis@fmc.gov.  Copies of agreements involving ocean common carriers may also be downloaded from the FMC website.

Can I get a list of agreements by carrier, type, and geographic region?

The Bureau of Trade Analysis’ Office of Agreements can provide listings of agreements indexed by various means, including individual carrier name, the type of agreement, and by geographic region, such as Asia, North Europe, and the Indian Subcontinent. The Commission can also provide a complete list of all conference agreements.

How do I find out if an agreement has been filed?

You may contact the Bureau of Trade Analysis' Office of Agreements as indicated above.