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

2. U.S. NVOCC REGISTRATION IN CHINA ?. WHO NEEDS TO REGISTER?NVOCC WHOSE HOUSEBILL ISSUED FROM CHINAConducting international maritime Transportation and operation activities entering or leaving the ports of the PRC, and all other auxiliary operation activities of international maritime transport

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

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    1. 1 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

    2. 2 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.

    3. 3 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  

    4. 4 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.)

    5. 5 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

    6. 6 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.

    7. 7 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.  

    8. 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

    9. 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

    10. 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

    11. 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. END 11

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