An exemption issued by the FMC, allows non-vessel-operating common carriers (NVOCCs) to enter into service arrangements with their shipper/customers called non-vessel-operating common carrier service arrangements (NSAs). NSAs have been established as an alternative for NVOCCs to negotiate confidential shipping arrangements with their shipper customers.

Under the FMC's rules, an NSA is 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.

An NSA shipper is defined by the FMC’s rules as the cargo owner, the person for whose account the ocean transportation is provided, the person to whom delivery is to be made, a shippers' association, or a non-vessel-operating common carrier.

Eligibility to File NSAs
To take advantage of this exemption, an NVOCC must be in compliance with the following FMC's rules and file the following forms:

• Licensing, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries rules (46 CFR § 515)
• Carrier Automated Tariff s rules (46 CFR § 520)
• File electronic Form FMC-1
• File NVOCC Service Arrangement Registration Form FMC-78. Fill out the printable form and submit to the FMC’s Bureau of Trade Analysis, Office of Service Contracts by facsimile at (202) 523-5867.
• If an agent has been designated to file an NSA with the FMC on an NVOCC’s behalf, a delegation of authority must accompany Form FMC-78.

Once your Form FMC-78 has been reviewed and accepted, you (or your designated publisher or agent) will receive by e-mail, an FMC-issued user identification (User ID). This User ID is used to access SERVCON, the FMC’s internet-based filing system, where all NSAs must be filed electronically.

This electronic filing system can be accessed through the FMC’s website. When filing NSAs:

• Prior to the movement of cargo under an NSA, all NSAs, amendments and notices, must be filed with the FMC (46 CFR Part 531 Subpart B)
• NSAs must be filed according to the FMC’s regulations  (46 CFR § 531) and corresponding Appendix A - Instructions for the Filing of NSAs (46 CFR § 531 Appendix A)
• At the same time that an NSA is filed with the FMC, the essential terms of such NSA must also be made available to the public  (46 CFR § 531.9) through the NVOCC’s automated tariff system