Title 46, ShippingRelease 119-110

§40901 License Requirement

Title 46 › Subtitle IV — Regulation of Ocean Shipping › Part A — Ocean Shipping › CHAPTER 409 — OCEAN TRANSPORTATION INTERMEDIARIES › § 40901

Last updated Sep 22, 2026|Official source

Summary

You must have a license from the Federal Maritime Commission to advertise, present yourself, or operate as an ocean transportation intermediary in the United States. The Commission must give a license to anyone it finds fit based on experience and character. If your main business is selling goods, you can ship your own merchandise without a license. Also, people who act as disclosed agents for a licensed intermediary do not need their own license.

Full Legal Text

Title 46, §40901

Shipping, Source: USLM XML via OLRC

(a)In General.—
A person in the United States may not advertise, hold oneself out, or act as an ocean transportation intermediary unless the person holds an ocean transportation intermediary’s license issued by the Federal Maritime Commission. The Commission shall issue a license to a person that the Commission determines to be qualified by experience and character to act as an ocean transportation intermediary.
(b)Exception.—
A person whose primary business is the sale of merchandise may forward shipments of the merchandise for its own account without an ocean transportation intermediary’s license.
(c)Applicability.—
Subsection (a) and section 40902 do not apply to a person that performs ocean transportation intermediary services on behalf of an ocean transportation intermediary for which it is a disclosed agent.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 40901(a)46 App.:1718(a).Pub. L. 98–237, § 19(a), (d), Mar. 20, 1984, 98 Stat. 87, 88; Pub. L. 105–258, title I, § 116, Oct. 14, 1998, 112 Stat. 1912. 40901(b)46 App.:1718(d).

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–282, § 707(a), inserted “advertise, hold oneself out, or” after “may not”. Subsec. (c). Pub. L. 115–282, § 707(b), added subsec. (c).

Reference

Citations & Metadata

Citation

46 U.S.C. § 40901

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110