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									       Carlos Rodriguez, Esq.
            Rodriguez O’Donnell
          Gonzalez & Williams, P. C.
    1250 Connecticut Ave., N.W. Suite 200
           Washington, D.C. 20036


             Tel. 202-973-2999
        E-mail: rodriguez@rorlaw.com
              APRIL, 2008

NVOCCs: CHINA REGISTRATION


                                            1
U.S. NVOCC REGISTRATION IN CHINA



WHO NEEDS TO REGISTER?
NVOCC WHOSE HOUSEBILL ISSUED FROM CHINA

• Conducting international maritime Transportation
    and operation activities entering or leaving the
    ports of the PRC, and all other auxiliary operation
    activities of international maritime transportation
•   Currently only enforcing outbound from China---
    this could change.

                                                      2
         BASIC REQUIREMENTS
      FOR REGISTRATION & DOING
          BUSINESS IN CHINA
 

• --- Registering B/L with Ministry of
      Communication (MOC)

• --- Depositing a Cash Security or Bond
      Equivalent

• --- Establishing Approved Chinese
      Agency                             3
 PREPARATION: WHAT DO YOU NEED
          TO DO FIRST?

• --- Prepare Special Chinese
     Documentation (All docs in
     Chinese except Housebill)
• --- Security Deposit/FMC Bond Rider
     (Global or U.S Trades Only?)
• ---Chinese Liaison/Agent
     (Two different Agency Functions)

• ----B/l (MOC Special Requirements Not in Regs.)
                                                    4
   DOCUMENTATION REQUIREMENTS

• Application Form (available from MOC)

• Feasibility Study Report (including a general introduction
  and a basic business analysis)

• Notarized Certificate of Incorporation, Certificate of Good
  Standing, and FMC license , and FMC Bond Rider by
  State Department and Chinese Embassy

• Sample B/L Form (3 Copies)

• Introduction of the Chinese liaison
                                                            5
   DOCUMENTATION REQUIREMENTS
           (continued)

• Power of Attorney for designating the Chinese liaison

• Agreement with the Chinese Liaison Person

• Applicant introduction of the Chinese liaison

• Evidence of financial responsibility in the total amount of RMB
   800,000 or U.S. $96,000 or FMC Bond China Bond Rider.

• Note: application form, feasibility study report, power of
   attorney, agreement, introduction of local liaison must be in
   Chinese.

                                                                    6
            Security Deposit Summary
  Relevant MOC Regulation
• “If a foreign non-vessel-operating common carrier has acquired the
  qualification for the non-vessel-operating services in accordance
  with foreign laws and has obtained a legal financial liability
  guaranty, it does not need to deposit the surety bond at the bank...”

• MOC/U.S. Agreement
• The Ministry of Communication (“MOC”) and Shanghai Port Bureau
    (the local branch of MOC in Shanghai) and other MOC Port Branches
    have in practice registered US NVOCCs in the US-China trades only,
    without paying RMB800,000 cash deposit in a Chinese bank, if the
    NVOCC has already paid the equivalent in the US.

• ---Current U.S. Bond Amount ($96,000)---(Cash Deposit in RMB
    has Increased to $121,000 equivalent in China)
•   ---FMC Bond ($75,000)
•   ---Bond Rider ($21,000)
•   Note: due to depreciation of US$ and appreciation of RMB, this
    amount may change.                                                7
     Role of the Chinese Liaison/Agent


• For registration purposes only, liaison is not
    necessarily a registered Chinese NVOCC


•    Role of Liaison Agent: To Interact with MOC on
    Behalf of NVOCC; Receive Notices; Accept Service


• For issuing b/l purposes, agent should be a
    registered Chinese NVOCC; This Can Be the
    Liaison Agent. (Two for One)

• ESSENTIAL: A responsive Chinese Liaison
                                                       8
MOC BILL OF LADING REQUIREMENTS

• Do your bills of lading meet MOC’s
 requirements?

• Definition of Carrier in Terms and
  Conditions
• “Agent of master “ Issue on B/L Face
• Discrepancies can Hold Up Registration
                                           9
MOC PROCESS (TWO LEVELS): Local
and Beijing


• The Local Port Level:
• Where Chinese Liaison is Registered
• Submits Application and Relevant
  Documents
• Reviews within Seven Business Days
• Issues Comments to MOC, Beijing
• Forwards Application to MOC
                                        10
MOC PROCESS (TWO LEVELS): Local
and Beijing continued
• MOC Level, Beijing:
• Examines and Makes Final Decision Within 15
    Business Days
•   Posts on the NVOCC List in MOC Website, if
    Approved
•   NVOCC Can Now Do Business in China
•   Approved NVOCC Must Only Use MOC Chinese
    Licensed NVOCC to Issue U.S. NVOCCs housebill
•   Note: Due to a large number of applications, the
    government agency may not complete the above
    work within the provided days, so constant
    communication with them is required.
                                                   11
                         END

								
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