The People's Republic of China's revised Maritime Code — the most significant overhaul of Chinese maritime law since 1993 — took effect on May 1, 2026. It directly affects U.S. shippers, NVOCCs, freight forwarders, and carriers with cargo moving to or from Chinese ports.
Jurisdiction Notice
This page covers Chinese maritime law, not U.S. FMC regulations. The two legal systems operate independently. If your cargo touches a Chinese port, both U.S. law (FMC/OSRA) and Chinese law (Maritime Code 2026) may apply simultaneously. Always consult qualified maritime counsel for jurisdiction-specific advice.
Effective Date
May 1, 2026
First revision since 1993
Passed By
NPC Standing Committee
October 28, 2025
Articles Revised
308 Articles
Entire Maritime Code
New Chapters
Chapter XII
Oil Pollution Liability
Previously, Chapter IV ("Contract of Carriage of Goods by Sea") did not apply to domestic Chinese port-to-port carriage. Article 2 removes this exclusion, creating a single legal standard for all sea carriage in China.
Article 295 — the most impactful provision for U.S. shippers — provides that where the port of loading or port of discharge under an international contract of carriage is within China, Chapter IV of the Maritime Code applies. This means Chinese law governs cargo claims on any shipment touching a Chinese port, regardless of what the bill of lading's choice-of-law clause says.
Actual Carrier Definition (Art. 44)
The "actual carrier" (实际承运人) is now formally defined as any person who, having accepted the carrier's entrustment or sub-entrustment, actually performs all or part of the carriage. Port operators and terminal handlers may qualify as actual carriers and can claim carrier liability limits and exemptions.
Consignor Obligations (Art. 67 & 93)
The consignor must ensure goods are fit for the agreed carriage. For uncollected cargo at the discharge port, costs and risks fall on the consignor (if promptly notified) — or on the consignee if the consignee has exercised rights under the contract but then refuses or delays taking delivery.
No Bill of Lading Issued (Art. 79)
Where no bill of lading has been issued, the rights and obligations between the carrier and consignee are governed by the relevant provisions of Chapter IV — closing a previous gap in the law.
Consignor's Right to Vary or Terminate (Art. 96)
The consignor may vary or terminate a contract of carriage of goods by sea, subject to compensating the carrier for resulting losses. The carrier's right to refuse is limited.
A new Part V of Chapter IV (Articles 82–86) gives electronic transportation records the same legal effect as paper documents, provided they meet four statutory requirements:
Conversion between electronic and paper transportation records is permitted by agreement. This is a significant step for U.S. shippers using e-B/L platforms (Bolero, essDOCS, WAVE) on China trades — Chinese courts will now recognize these documents.
The Maritime Law 2026 raises monetary limits for carrier liability in both passenger and cargo claims, aligning China with international conventions (Athens Convention, LLMC 1996 Protocol):
A new Chapter XII establishes a comprehensive oil pollution liability regime for vessels:
Vessels calling Chinese ports must now carry mandatory oil pollution liability insurance or a financial guarantee — compliance is required as of May 1, 2026.
New provisions govern maritime insurance contracts (Articles 248–249):
Financing Lease Registration (Art. 8)
The Maritime Law 2026 introduces registration of vessel financing leases. Upon registration, the lessor's title is effective against bona fide third parties. If the lessee fails to pay within a reasonable period after demand, the lessor may require full payment or terminate and repossess the vessel.
Article 308 expressly provides that if discriminatory or restrictive measures are imposed against China's maritime transport and shipbuilding sector, China may adopt corresponding countermeasures.
U.S. Context: This provision is widely understood as a direct legislative response to U.S. port fee proposals targeting Chinese-built vessels (USTR Section 301 investigation). U.S. carriers and shippers with China operations should monitor how Article 308 is implemented in practice.
| Issue | Before May 1, 2026 | After May 1, 2026 |
|---|---|---|
| Governing law on China trades | Unclear — B/L choice-of-law clause often determined jurisdiction | Art. 295: Chinese law applies if loading or discharge port is in China |
| Electronic B/Ls | No explicit Chinese legal recognition — enforceability uncertain | Arts. 82–86: Full legal equivalence with paper B/Ls if statutory requirements met |
| Domestic vs. international carriage | Chapter IV did not apply to domestic Chinese port-to-port carriage | Art. 2: Chapter IV applies to all sea carriage, domestic and international |
| Uncollected cargo | Responsibility allocation unclear | Art. 93: Costs/risks on consignor (if notified) or consignee (if consignee exercised rights) |
| Oil pollution insurance | No mandatory insurance requirement | Chapter XII: Mandatory liability insurance required for vessels calling Chinese ports |
| Inland waterway vessels | Not subject to limitation of liability regime | Art. 219: Same limitation regime as seagoing vessels |
The CargoReg AI assistant is trained on China Maritime Law 2026 provisions. Ask how Article 295 affects your bill of lading, whether your e-B/L is enforceable in China, or how the new oil pollution rules apply to your vessel.
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