---
kind: "section"
citation: "46 U.S.C. § 40303"
title: "46"
title_heading: "Shipping"
number: "40303"
heading: "Content requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/40303"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part A — Ocean Shipping"
  - "Chapter 403 — Agreements"
---

# §40303. Content requirements

- (a) **Ocean Common Carrier Agreements.—**
  - (1) **Restrictions.—** An [ocean common carrier](/usc/46/40102.md?p=18) [agreement](/usc/46/40102.md?p=1) may not—
    - (A) prohibit or restrict a member of the [agreement](/usc/46/40102.md?p=1) from engaging in negotiations for a [service contract](/usc/46/40102.md?p=21) with a [shipper](/usc/46/40102.md?p=23);
    - (B) require a member of the [agreement](/usc/46/40102.md?p=1) to disclose a negotiation on a [service contract](/usc/46/40102.md?p=21), or the terms of a [service contract](/usc/46/40102.md?p=21), other than those terms required to be published under [section 40502(d) of this title](/usc/46/40502.md?p=d); or
    - (C) adopt mandatory rules or requirements affecting the right of an [agreement](/usc/46/40102.md?p=1) member to negotiate and enter into a [service contract](/usc/46/40102.md?p=21).
  - (2) **Voluntary guidelines.—** An [ocean common carrier](/usc/46/40102.md?p=18) [agreement](/usc/46/40102.md?p=1) may provide authority to adopt voluntary guidelines relating to the terms and procedures of an [agreement](/usc/46/40102.md?p=1) member’s [service contracts](/usc/46/40102.md?p=21) if the guidelines explicitly state the right of members of the [agreement](/usc/46/40102.md?p=1) not to follow the guidelines. Any guidelines adopted shall be submitted confidentially to the Federal Maritime [Commission](/usc/46/42501.md?p=1).
- (b) **Conference Agreements.—** Each [conference](/usc/46/40102.md?p=8) [agreement](/usc/46/40102.md?p=1) must—
  - (1) state its purpose;
  - (2) provide reasonable and equal terms for admission and readmission to [conference](/usc/46/40102.md?p=8) membership for any [ocean common carrier](/usc/46/40102.md?p=18) willing to serve the particular trade or route;
  - (3) permit any member to withdraw from [conference](/usc/46/40102.md?p=8) membership on reasonable notice without penalty;
  - (4) at the request of any member, require an independent neutral body to police fully the obligations of the [conference](/usc/46/40102.md?p=8) and its members;
  - (5) prohibit the [conference](/usc/46/40102.md?p=8) from engaging in conduct prohibited by [section 41105(1)](/usc/46/41105.md?p=1) or (3) of this title;
  - (6) provide for a consultation process designed to promote—
    - (A) commercial resolution of disputes; and
    - (B) cooperation with [shippers](/usc/46/40102.md?p=24) in preventing and eliminating malpractices;
  - (7) establish procedures for promptly and fairly considering requests and complaints of [shippers](/usc/46/40102.md?p=24); and
  - (8) provide that—
    - (A) any member of the [conference](/usc/46/40102.md?p=8) may take independent action on a rate or service item on not more than 5 days’ notice to the [conference](/usc/46/40102.md?p=8); and
    - (B) except for an exempt commodity not published in the [conference](/usc/46/40102.md?p=8) tariff, the [conference](/usc/46/40102.md?p=8) will include the new rate or service item in its tariff for use by that member, effective no later than 5 days after receipt of the notice, and by any other member that notifies the [conference](/usc/46/40102.md?p=8) that it elects to adopt the independent rate or service item on or after its effective date, in lieu of the existing [conference](/usc/46/40102.md?p=8) tariff provision for that rate or service item.
- (c) **Interconference Agreements.—** Each [agreement](/usc/46/40102.md?p=1) between carriers not members of the same [conference](/usc/46/40102.md?p=8) must provide the right of independent action for each carrier. Each [agreement](/usc/46/40102.md?p=1) between [conferences](/usc/46/40102.md?p=8) must provide the right of independent action for each [conference](/usc/46/40102.md?p=8).
- (d) **Vessel Sharing Agreements.—**
  - (1) **In general.—** An [ocean common carrier](/usc/46/40102.md?p=18) that is the owner, operator, or bareboat, time, or slot charterer of a liner vessel documented under section [12103](/usc/46/12103.md) or [12111(c)](/usc/46/12111.md?p=c) of this title may agree with an [ocean common carrier](/usc/46/40102.md?p=18) described in [paragraph (2)](#d-2) to which it charters or subcharters the vessel or space on the vessel that the charterer or subcharterer may not use or make available space on the vessel for the carriage of cargo reserved by law for vessels of the United States.
  - (2) **Carrier described.—** An [ocean common carrier](/usc/46/40102.md?p=18) described in this paragraph is one that is not the owner, operator, or bareboat charterer for at least one year of liner vessels of the United States that are eligible to be included in the Maritime Security Fleet Program and are enrolled in an Emergency Preparedness Program under [chapter 531](/usc/46/chstV/ptC/ch531.md) of this title.

## Source credit

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1529.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 40303(a) | 46 App.:1704(c). | Pub. L. 98–237, § 5(b)–(d), Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, § 104(a), Oct. 14, 1998, 112 Stat. 1904. |
| 40303(b) | 46 App.:1704(b). |  |
| 40303(c) | 46 App.:1704(d). |  |
| 40303(d) | 46 App.:1704(g). | Pub. L. 98–237, § 5(g), Mar. 20, 1984; as added Pub. L. 105–383, title IV, § 424(a), Nov. 13, 1998, 112 Stat. 3440. |

In subsection (c)(8), the word “calendar” is omitted as unnecessary.

In subsection (d), the words “vessel of the United States” are substituted for “United States-flag vessel” (and similar variations) for consistency in the revised title.