To start an NVOCC in Florida you form a business entity with the state, obtain an Ocean Transportation Intermediary license from the Federal Maritime Commission, furnish $75,000 in financial responsibility, and publish a tariff before you offer service. Then you need the people and systems to issue bills of lading, file with U.S. Customs and bill your customers correctly from the first shipment.
A non-vessel-operating common carrier (NVOCC) is a common carrier that does not operate the vessels. It issues its own bills of lading to shippers, takes responsibility for the transportation, and buys space from the ocean carriers that do run ships. Together with ocean freight forwarders, NVOCCs are grouped as ocean transportation intermediaries (OTIs) under 46 CFR part 515.
The key rule is in 46 CFR 515.3: except as otherwise provided, no person in the United States may advertise, hold oneself out, or act as an ocean transportation intermediary unless that person holds a valid license issued by the Commission. A company is "in the United States" for this purpose if it is resident in, or incorporated or established under, U.S. law. In practice that means a Florida company should not quote ocean freight as an NVOCC, put up a website offering NVOCC service, or issue house bills until the license process is complete. The FMC's OTI page states it directly: U.S.-based companies or sole proprietors operating as ocean freight forwarders or NVOCCs are required to obtain a license.
Because the license is issued to a specific legal entity, the order of the steps matters. Form the company first, then apply for the license in that company's name.
Florida businesses are registered with the Florida Department of State, Division of Corporations, through Sunbiz. The Sunbiz e-filing page lists online filings for a Florida limited liability company, a profit corporation, a non-profit corporation, a limited partnership, and a fictitious name registration if you will trade under a name other than the legal entity name.
The choice between an LLC and a corporation is a tax and legal decision, so discuss it with your accountant and attorney. For FMC purposes it also determines who can be your qualifying individual: under 46 CFR 515.11(b) that is the sole proprietor, an active managing partner, an active corporate officer, or for an LLC one of the members or managers (or an equivalent position named in the operating agreement). Make sure the person with the required experience will hold one of those positions in the entity you form.
The license application is Form FMC-18, submitted electronically through the FMC's filing system with the required fee (46 CFR 515.12). The FMC publishes notice of each application on its website, including the applicant's name and address and the name of the qualifying individual. The main eligibility tests are in 46 CFR 515.11:
Applications that are incomplete on their face may be rejected, and if the FMC asks for information you do not provide by its deadline, the application can be closed. Prepare employment history, references and company documents before you file. The current fee and form instructions are on the FMC website; this article does not quote the fee because it can change.
Under 46 CFR 515.21, no person may act as an OTI unless it furnishes a bond, proof of insurance or other surety in the form and amount the Commission requires. The amounts in the regulation are:
| Type of OTI | Financial responsibility (46 CFR 515.21) |
|---|---|
| Ocean freight forwarder in the United States | $50,000 |
| NVOCC in the United States (licensed) | $75,000 |
| Registered NVOCC (primary place of business outside the U.S.) | $150,000 |
A Florida company acting as an NVOCC therefore needs the $75,000 level, and one that also acts as an ocean freight forwarder should ask the FMC and its surety how the requirements apply to its combination of services. Timing matters too: under 46 CFR 515.14(a)(2), if proof of financial responsibility and, for an NVOCC, the Form FMC-1 are not received within 120 days of notice of conditional approval, the conditional approval becomes invalid and you must file a new FMC-18 with a new fee.
NVOCCs are common carriers, so they must keep tariffs open for public inspection in automated tariff systems showing their rates, charges, classifications, rules and practices (46 CFR 520.3). Before starting service under a published tariff, each common carrier electronically submits Form FMC-1 through the FMC website, giving its organization details and the location of its tariff and any publisher. Changes must be sent to the FMC within 30 calendar days. The regulation is blunt about the consequence of neglect: failure to maintain a tariff will result in revocation of an NVOCC's license.
Most small NVOCCs use a tariff publisher rather than building their own system. Many also use NVOCC Negotiated Rate Arrangements (NRAs) under 46 CFR part 532, which exempt qualifying rates from tariff rate publication. An NRA must be in writing, name the parties, and be agreed before the NVOCC receives the cargo, among other conditions in 46 CFR 532.5. The rules tariff, with your terms, surcharges and practices, still matters, so review both with your tariff publisher.
Once licensed, the work is daily and detailed. Each shipment needs a booking with the underlying carrier, your own house bill of lading, U.S. Customs manifest data, export filing information where it applies, and an invoice that matches your tariff or NRA. Starting on spreadsheets is tempting, but the license renewal, audits and customer disputes all depend on records you can retrieve.
NVOCC software such as GDZ-ISIS was built for exactly this flow, from quotes and bookings to bills of lading, ACE manifest filing and accounting, and GDZ has supported it from Miami-Dade since 1985. If you are comparing options, our article on the NVOCC software features that matter is a good checklist.
Most problems for new NVOCCs come from doing the right things in the wrong order, or letting one piece lapse while focusing on sales:
None of this is legal advice. The FMC's Bureau of Certification and Licensing, your surety, your tariff publisher and a maritime attorney are the right people to confirm how the rules apply to your company.
Yes, if your company is in the United States. 46 CFR 515.3 says no person in the United States may advertise, hold itself out or act as an ocean transportation intermediary without a valid FMC license.
46 CFR 515.21 requires a U.S. NVOCC to furnish evidence of financial responsibility of $75,000 by bond, insurance or other surety. An ocean freight forwarder needs $50,000, and a registered foreign NVOCC $150,000. The premium you pay is set by your surety, not the FMC.
The qualifying individual must have at least three years of experience in OTI activities in the United States (46 CFR 515.11). The QI must also hold an eligible position, such as an active corporate officer or an LLC member or manager.
Yes. 46 CFR 520.3 requires common carriers, including NVOCCs, to keep tariffs open for public inspection in automated tariff systems and to file Form FMC-1 before starting service. Failure to maintain a tariff results in license revocation. Qualifying NRAs under part 532 are exempt from rate publication.
Under 46 CFR 515.14(c), the initial license period is between one and four years based on the license number, and licenses are then renewed for sequential three-year periods through the FMC's renewal process.