ITIC circular: Chinese Maritime Code 2026

ITIC circular

Wednesday 6th May 2026

Chinese Maritime Code 2026 – Key points for ship agents

(In force 1 May 2026)

The revised Chinese Maritime Code 2026 (CMC 2026) introduces mandatory and substantive changes affecting carriage involving China. The following points are of particular relevance to ship agents:

Key changes

Mandatory application of Chinese law

The CMC 2026 applies mandatorily to contracts of carriage where the port of loading or discharge is in China. Contractual foreign governing law clauses may be overridden.

Wider definition of “actual carrier”

The definition now includes parties subcontracted to perform any part of the carriage (including receipt, loading, custody, carriage, unloading, and delivery). Agents must clearly identify themselves as agents only, particularly when issuing or signing bills of lading.

Uncollected cargo at discharge port

Following timely notice by the carrier, costs and risks shift from consignee to shipper, unless the consignee has already exercised its delivery rights. Timely transmission of notices and instructions is critical.

Shipper’s right of control after sailing

Shippers may instruct changes (e.g. discharge port, consignee, suspension or return of cargo), subject to conditions. Agents must strictly follow principals’ instructions and maintain clear records.

Deck cargo

Any agreement to carry cargo on deck must be expressly stated in the bill of lading to be enforceable against third parties.

Delivery against original bills

For straight bills of lading, delivery must now be made to the named consignee against presentation of the original bill rather than just proof of identity.

Risk management

• Ensure agency agreements clearly define the agent’s role, include liability limitations, and provide express rights of indemnity.
• BIMCO/ FONASBA General Agency Agreement remains recommended where appropriate.
• Review internal procedures for instruction handling, documentation and record keeping.

Full article

For a detailed legal analysis and background, please access the below PDF.