For NVOCC compliance and tariff managers, FMC tariff management is no longer just an administrative function. It is a core compliance control. In 2026, NVOCCs must be able to demonstrate that their tariffs are properly maintained, accurately published, accessible, internally approved, and aligned with their commercial practices. That is why NVOCCs often turn to outside support for FMC tariff filings, tariff hosting, tariff publishing, and related tariff management services. Outsourcing can reduce administrative burden, improve consistency, and help compliance teams stay focused on exceptions, audits, rate governance, and operational risk.

But outsourcing does not eliminate responsibility. The NVOCC remains accountable for tariff compliance. A consultant, tariff publisher, or service provider can assist with FMC tariff management, but the NVOCC must maintain written delegation, internal oversight, approval controls, and audit-ready records. This article explains when a consultant can manage FMC tariff filings, what must be delegated in writing, and which compliance controls keep NVOCC tariffs audit-ready while using a tariff hosting and tariff publishing service.

Why NVOCCs Outsource FMC Tariff Management

NVOCC tariff teams are often responsible for maintaining rates, rules, surcharges, accessorial charges, amendments, effective dates, expirations, and customer-facing tariff data across multiple trades. As volumes grow, manual tariff work can become difficult to manage without a structured process.

Outsourcing FMC tariff management can help NVOCCs:

• Maintain tariff data in a consistent format
• Coordinate FMC tariff filings with internal commercial teams
• Use professional tariff hosting and tariff publishing systems
• Reduce formatting and publication errors
• Improve filing timelines
• Create better documentation for audits
• Support stronger NVOCC tariff compliance

For many NVOCCs, tariff management services are especially useful when internal teams do not have enough time, technology, or regulatory experience to maintain tariff records on their own. However, outsourcing should be treated as a controlled compliance process, not just a vendor handoff.

When a Consultant Can Manage FMC Tariff Filings

A consultant can generally assist with FMC tariff filings, tariff data preparation, tariff publishing, rate updates, rule changes, and coordination with a tariff hosting provider when the NVOCC authorizes that role.

In practice, a consultant may help with: • Preparing tariff rules and rate updates • Coordinating FMC tariff filings • Managing tariff publication schedules • Reviewing tariff data for formatting consistency • Uploading or transmitting tariff updates to a tariff publishing platform • Working with a tariff hosting provider • Maintaining tariff change logs • Supporting internal NVOCC tariff compliance reviews • Helping prepare audit files and tariff backup documentation

A consultant can be an important part of an NVOCC’s tariff management services model, especially where the NVOCC needs regular help maintaining tariff content and publication discipline, but there is a key distinction: the consultant can manage the process, but the NVOCC must retain compliance ownership. The NVOCC should decide: • What rates and rules are approved • When tariff changes are effective • Which customers, lanes, or services are covered • Whether tariff content matches commercial practice • Whether the tariff is complete, accurate, and accessible • Whether the company’s NVOCC tariff compliance obligations are being met

A consultant can support FMC tariff management, but the consultant should not be the only control point.

What Must Be Delegated in Writing

Any outsourced FMC tariff management arrangement should be documented in writing. This is critical for internal control, vendor accountability, and audit readiness. The written delegation should clearly state what the consultant, tariff publisher, or tariff hosting provider is authorized to do. At a minimum, the written authorization should address the following areas.

The agreement should define the exact tariff management services being outsourced. For example: • Tariff rule maintenance • Rate publication support • FMC tariff filings • Tariff hosting • Tariff publishing • Data entry • Tariff amendment preparation • Publication monitoring • Audit file support • Compliance reporting The agreement should also state what is not outsourced. This prevents confusion between operational support and compliance decision-making.

If a consultant is allowed to submit, upload, or publish tariff changes, that authority should be delegated in writing. The delegation should specify: • Who may request tariff changes • Who may approve tariff changes • Who may transmit tariff changes to the tariff publishing platform • Whether the consultant may publish without prior approval • Whether emergency tariff updates require special approval • How effective dates are assigned • How publication confirmations are retained This is one of the most important controls in outsourced FMC tariff filings. A consultant should not publish rate or rule changes without a documented approval process.

The NVOCC should document who has access to the tariff hosting and tariff publishing system. The written delegation should include: • Authorized users • User roles • Permission levels • Access restrictions • Password and security requirements • Procedures for removing access • Review frequency for user access For strong NVOCC tariff compliance, system access should be limited to users who need it.

A written approval workflow is essential for audit-ready FMC tariff management. The workflow should identify: • The business owner requesting the change • The compliance reviewer • The tariff manager or authorized approver • The consultant or tariff publisher handling the update • The final reviewer confirming publication This helps ensure that FMC tariff filings are not published based on informal emails, incomplete instructions, or unapproved commercial requests.

The agreement should say who keeps which records. Records may include: • Tariff change requests • Approval emails or approval forms • Rate sheets • Rule amendments • Publication confirmations • Effective date records • Superseded tariff versions • Customer communications • Audit logs from the tariff publishing system • Invoices or statements from the tariff hosting provider The NVOCC should make sure it has access to these records even if it changes consultants, tariff publishers, or tariff hosting vendors.

The written delegation should explain how errors are corrected. For example: • Who investigates tariff errors • Who approves corrections • Who communicates with the tariff publishing provider • How quickly errors must be escalated • How corrected FMC tariff filings are documented • How root-cause reviews are performed This is especially important where an incorrect tariff rate, outdated rule, missing surcharge, or wrong effective date could create commercial and regulatory exposure.

Compliance Controls That Keep NVOCC Tariffs Audit-Ready

Outsourced FMC tariff management works best when the NVOCC has clear internal controls. These controls help ensure that FMC tariff filings, tariff hosting, and tariff publishing remain accurate, documented, and reviewable.

Every NVOCC should maintain a written tariff policy. The policy should explain: • Who owns NVOCC tariff compliance • When tariff updates are required • How rates and rules are approved • Who may communicate with the tariff consultant • How FMC tariff filings are reviewed • How publication confirmations are retained • How exceptions are escalated A written policy turns tariff management services into a controlled process rather than an informal vendor task.

Before a tariff update is published, the NVOCC should review the proposed change. The pre-publication review should confirm: • Correct legal entity name • Correct tariff title • Correct trade lane or service scope • Correct rate, surcharge, or rule language • Correct effective date • Correct expiration date, if applicable • Proper approval from the business owner • Consistency with commercial instructions This control is central to FMC tariff management because it prevents inaccurate data from entering the public tariff environment.

After tariff publishing, the NVOCC should confirm that the update appears correctly in the tariff hosting system. The confirmation should verify: • The change was actually published • The effective date is correct • The tariff text or rate is accurate • The prior version was properly superseded • The tariff is accessible • The publication confirmation is saved This step helps make FMC tariff filings audit-ready.

A tariff change log is one of the most useful tools for NVOCC tariff compliance. The log should show: • Date requested • Requestor • Description of change • Trade lane or service affected • Approval date • Publisher or consultant handling the update • Publication date • Effective date • Confirmation location • Notes on exceptions or corrections A complete change log allows compliance managers to explain what changed, who approved it, when it was published, and where the supporting documentation is stored.

Even when using outside tariff management services, the NVOCC should avoid giving one person full control over request, approval, publication, and final review. A stronger model is: • Sales or operations requests the change • Compliance reviews the change • Authorized management approves the change • Consultant or tariff publisher processes the update • Compliance confirms publication This segregation supports stronger FMC tariff management and reduces the risk of unauthorized or inaccurate FMC tariff filings.

NVOCCs should schedule periodic tariff audits, especially when using a third-party tariff hosting or tariff publishing provider. An audit should compare: • Published tariff rules against internal policies • Published rates against approved rate sheets • Active surcharges against billing practices • Expired items against current tariff data • Tariff access links against public availability requirements • Published data against the change log Periodic audits are one of the best ways to keep NVOCC tariff compliance from becoming reactive.

The NVOCC should periodically review the consultant, tariff hosting provider, and tariff publishing service. The review should consider: • Timeliness of updates • Accuracy of FMC tariff filings • Responsiveness to corrections • Quality of audit logs • System availability • Record retention • User access controls • Support during compliance reviews Outsourced tariff management services should be measured against compliance expectations, not just cost.

What NVOCCs Should Not Outsource Completely

Even with a strong consultant and reliable tariff hosting platform, certain responsibilities should remain with the NVOCC. The NVOCC should retain control over:

• Final approval of tariff content
• Commercial accuracy of rates and rules
• Oversight of NVOCC tariff compliance
• Internal policy decisions
• Vendor supervision
• Audit response
• Record retention standards
• Corrective action decisions

A consultant can support FMC tariff filings, but the NVOCC should not lose visibility into what is published, why it was published, and whether it matches company practice.

Practical Audit-Ready Tariff File

For each tariff change, NVOCC compliance teams should maintain a complete file. A strong audit file includes:

1. Original change request
2. Supporting rate sheet or rule language
3. Internal approval
4. Consultant instruction
5. Draft or pre-publication review
6. Publication confirmation
7. Screenshot or system record from the tariff hosting platform
8. Effective date confirmation
9. Final compliance review
10. Any correction notes

This file gives the NVOCC a defensible record showing that FMC tariff management was controlled from request through publication.

Questions to Ask Before Hiring a Tariff Management Services Provider

Before choosing a consultant or vendor for tariff management services, NVOCCs should ask:

The right provider should understand that FMC tariff management is not just data entry. It is a compliance process that requires accuracy, documentation, and accountability.

Best Practices for Outsourcing FMC Tariff Filings

To outsource FMC tariff filings effectively, NVOCCs should follow these best practices:

• Put the consultant’s authority in writing • Define the scope of tariff management services • Maintain internal approval over tariff content • Use a reliable tariff hosting and tariff publishing platform • Keep a tariff change log • Confirm publication after every update • Review access rights regularly • Audit published tariff content periodically • Save all approval and publication records • Treat NVOCC tariff compliance as an internal responsibility, even when the work is outsourced

These controls help NVOCCs benefit from outsourced FMC tariff management without losing compliance oversight.

Conclusion

Outsourcing FMC tariff filings can be a smart move for NVOCCs, especially when internal tariff teams are managing frequent rate changes, complex rule updates, and multiple trade lanes. A consultant or provider can support FMC tariff management, tariff hosting, tariff publishing, and broader tariff management services.

But outsourcing does not transfer compliance responsibility away from the NVOCC. The company must clearly delegate authority in writing, retain approval control, monitor the tariff hosting and tariff publishing process, and maintain audit-ready documentation.

For NVOCC compliance and tariff managers, the goal is not just to publish tariffs. The goal is to maintain accurate, accessible, well-documented tariffs that support strong NVOCC tariff compliance and stand up to review.

As we enter the peak shipping and Service Contracting season, just a few quick reminders on activities to monitor and avoid:

FOR OUR VOCC CLIENTS

• Do not offer or provide services or Service Contracts to UNREGISTERED entities (NVOCCs) in the U.S. trade
• Check FMC website for current registration status
• Request a copy of the Tariff Title Page and/or NVOCC Bond for new or unknown entities (optional).
• Do NOT offer services or book cargo under a Service Contract for "affiliate" companies that are NOT signatories

FOR OUR NVOCC CLIENTS

• Issuance of your HOUSE BILL OF LADING is required under U.S. common carriage law, whether import or export
• "Sell Rate" documentation is required, whether by Tariff Filing or NRA and determined by how you cut your HBL
• Booking cargo with another NVOCC is now subject to updated Co-Loading Rules mentioned in our earlier Newsletter
• Service Contracts cannot be shared with any company that is NOT an actual signatory to your contract
• 3rd Party services can NOT be "marked up" unless you purchase and cover under your HBL.
• 3rd Party charges can be a "pass through" IF properly identified.
• NRAs, if used, must have their own unique number, start/stop dates and identity of customer and be in effect at time of receipt of cargo by you or your agent.
• Do not accept cargo from UNREGISTERED NVOCCs. True agents MUST issue your HBL or be separately registered and Bonded.
• U.S. Customs and Border Protection has a data sharing agreement with the FMC and will look to match AMS and House Bill of Lading data with the VOCC Master. If your SCAC code and FMC Organization number is used on an AMS submission, it needs to be backed up by issuance of your HBL and related VOCC Booking

Be aware of some of these common mistakes to avoid any potential problems and see the reminder articles regarding FMC enforcement activities below! Please review your internal practices for areas of non-compliance, especially in areas of sharing access to Service Contracts to which the other company is NOT a signatory, offering Service Contracts to illegal entities and working with unlicensed, non-bonded or otherwise unregistered OTIs. Your Bill of Lading is required to be issued for all shipments moving in the U.S. trade and the "sell rate" documentation responsibilities follow the Bill of Lading. Alternatively, if another company is issuing their Bill of Lading, they must be licensed or registered with the FMC for any shipments entering or leaving U.S. ports.

The FMC updated the regulations regarding any "co-load" arrangement between two (2) or more NVOCCs as detailed here:

"(1) If two or more NVOCCs enter into an agreement which establishes a carrier-to-carrier relationship for the co-loading of cargo, then the existence of such agreement must be noted in the tariff. Carrier-to-carrier relationships apply to the co-loading of less than container loads of cargo only.

(2) If two NVOCCs enter into a co-loading arrangement which results in a shipper-to-carrier relationship, the tendering NVOCC must describe its co-loading practices and specify its responsibility to pay any charges for the transportation of the cargo. A shipper-to-carrier relationship is presumed to exist where the receiving NVOCC issues a bill of lading to the tendering NVOCC for carriage of the co-loaded cargo. Shipper-to-carrier relationships may apply to the co-loading of full container loads or less than container loads of cargo.

(3) An NVOCC which tenders cargo to another NVOCC for co-loading, whether under a shipper-to-carrier or carrier-to-carrier relationship, shall annotate each applicable bill of lading with the identity of any other NVOCC to which the shipment has been tendered for co-loading. Such annotation shall be shown on the face of the bill of lading in a clear and legible manner."

Our customer's tariffs have always contained a "co-load" rule which reserved the option to co-load if you so choose. If you are currently coloading with other NVOCCs or plan to in the future, this standard wording will need to be updated to reflect the re-defined relationships. Since we do not know if you actually coload or not, we will need formal instructions if you want this updated. Please contact us so we can follow-up with you.

Source: (https://www.federalregister.gov/documents/2024/01/02/2023-27783/carrier-automated-tariffs)

The FMC defined the application and use of 3rd party charges outside the control of the NVOCC: For "pass-through" charges, NVOCCs can now invoice for VOCC surcharges and GRIs without publishing the exact charge in their tariffs first, as long as:

• the charge is referenced in the tariff
• the charge is not "marked up"

Under previous rules, if a Surcharge or GRI was assessed against the cargo, the NVOCC would have to publish the charge(s) in their respective tariff on 30days notice to legally collect. The update to the regulations removes the 30day requirement and allows the NVOCC to invoice for same as long as the charge(s) being collected is referenced in the tariff and there is no "mark-up" of the charges.

The exact citation reads, ... "(iv) An NVOCC may cross-reference an ocean common carrier tariff for the purpose of charging its shipper the ocean common carrier's published and effective surcharges, assessorial charges, and general rate increases, but the NVOCC must clearly list the named charges or categories of charges in the NVOCC's tariff, and must not mark them up above cost. Any fee associated with services provided by the NVOCC to its shipper should be separate and distinguished from the vessel-operating common carrier's surcharges, assessorial charges, and general rate increases, and specify the service for which the shipper is being charged."

(h) , ...NVOCCs may pass through charges received from ocean common carriers for terminal services, canal tolls, additional charges, or other provisions which are not under the control of the ocean common carrier or conferences and for which the NVOCC merely acts as a collection agent. The charges or categories of charges must be clearly listed in the NVOCC's tariffs and not marked up above cost.

Source: (https://www.federalregister.gov/documents/2024/01/02/2023-27783/carrier-automated-tariffs)