(2) An ocean transportation intermediary must report branch offices to the Commission in Form FMC-18 or under the procedures in 515.20(e). 40101-41309) and the rules and regulations of the Federal Maritime Commission (FMC), or is or may become a group or association of OTIs, and desires to establish its financial responsibility in accordance with section 19 of the Shipping Act (46 U.S.C. This content is from the eCFR and is authoritative but unofficial. (4) Permit any such person, directly or indirectly, to participate, through ownership or otherwise, in the control or direction of the ocean transportation intermediary business of the licensee or registrant. 40902 and this part; and. No licensed freight forwarder, or employee thereof, shall accept compensation from a common carrier which is different from that specifically provided for in the carrier's effective tariff(s). 862. Comments or questions about document content can not be answered by OFR staff. A qualifying individual must have at least three years of demonstrable OTI experience and, depending on the applicants business structure, be an officer of the applicants corporation, the sole proprietor of a sole proprietorship, the manager or member in (respectively) a manager-managed or member-managed LLC, or a partner in a partnership. company, no affiliation-paying rent, sister company with common stock
The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. The underwriting Surety will promptly notify the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, in writing by mail or email (bcl@fmc.gov), of all claims made, lawsuits filed, judgments rendered, and payments made against this group bond. ____ [indicate whether NVOCC or Freight Forwarder], as Principal (hereinafter Principal), and ____ as Surety (hereinafter Surety) are held and firmly bound unto the United States of America in the sum of $____ for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally.
individual. [64 FR 11171, Mar. This contact form is only for website help or website suggestions. (2) Any person in the United States advertising, holding oneself out, or acting as an NVOCC as defined in 515.2(m)(2) shall furnish evidence of financial responsibility in the amount of $75,000. Part B, Question No. Please complete the appropriate section below (8A or 8B). 515.2 (i) and 515.2 (l), 515.11 (a)). Persons who have had their applications rejected may submit a new Form FMC-18 at any time, together with the required filing fee. 515.26 Termination of financial responsibility. appropriate box that applies to the applicant. Certification and Licensing (BCL) or can be found on the Commissions website
40901-40904), files with the Commission this Insurance Form as evidence of its financial responsibility and evidence of a financial rating for the Insurer of Class V or higher under the Financial Size Categories of A.M. Best & Company or equivalent from an acceptable international rating organization on such organization's letterhead or designated form, or, in the case of insurance provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's, or, in the case of surplus lines insurers, documentation verifying inclusion on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners. (b) A common carrier can obtain proof of an NVOCC or OFF's compliance with the OTI licensing, registration, tariff and financial responsibility requirements by: (1) Consulting the Commission's website www.fmc.gov as provided in paragraph (d) of this section, to verify that the NVOCC or OFF has complied with the applicable licensing, registration, tariff, and financial responsibility requirements; or. Distribution Publications, Inc. license (transferee). The Register contains details of all mediators who hold FMCA (qualified) status, plus those who have completed approved initial training and are working towards FMCA. (1) If a person does not file a complaint with the Commission pursuant to section 11 of the Shipping Act (46 U.S.C. (2) For an ocean transportation intermediary operating as a non-vessel-operating common carrier, the non-vessel-operating common carrier services enumerated in 515.2(k). Under the Auditor Regulation Act 2011, we must carry out a quality review of systems, policies, and procedures of registered audit firms and licensed auditors at least once every four years. (j) Prohibition. No person may advertise or hold out to act as an OTI unless that person holds a valid OTI license or is registered under this part. a minimum of three years experience in the ocean transportation intermediary
The name and license or registration number of each OTI shall be permanently imprinted on the licensee's or registrant's office stationery and billing forms. Any NVOCC as defined in 515.2(m)(2), in addition to a bond meeting the requirements of 515.21(a)(2) or (3), may obtain and file with the Commission proof of an optional bond rider, as provided in Appendix E or Appendix F of this part. contact BCL any time during normal working hours (8:30 am - 5 pm, EST) by
proof of legal name) and include the proper fee. Form FMC-65 must be filed by a non-U.S.-based-registered NVOCC if any information reported on the original Form FMC-65 has changed. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. 20. If you have questions or comments regarding a published document please Only the
Licenses shall be issued for an initial period of not less than one year and not greater than four years as determined by the license number and published on the Commission website. will bring you to those results. Identify any person
these rules and regulations may result in denial, revocation or suspension of
Registrants may request a hearing for terminations or suspensions of the effectiveness of their registrations following the same procedures set forth in 515.17 (governing hearing requests for denials, revocations and suspensions of licenses). If the response to any question is yes, please attach an explanation. (a) Forms. and continue entering the information. that apply. A common carrier shall not pay compensation for the services described in paragraph (c) of this section more than once on the same shipment. Subscribe to: Changes in Title 46 :: Chapter IV :: Subchapter B :: Part 515. The certification shall read as follows: The undersigned hereby certifies that neither it nor any holding company, subsidiary, affiliate, officer, director, agent or executive of the undersigned has a beneficial interest in this shipment; that it is the holder of valid FMC License No. Federal Maritime Commission - Reginfo.gov 42301 - 42307 The Insurer shall not be liable for any transportation-related activities under the Shipping Act of the Insured after the expiration of the 30-day period but such termination shall not affect the liability of the Insured and Insurer for such activities occurring prior to the date when said termination becomes effective. (d) The Federal Maritime Commission shall not serve as depository or distributor to third parties of bond, guaranty, or insurance funds in the event of any claim, judgment, or order for reparation. Form FMC-18 (Rev. 7. 41301-41302, 41305-41307(a)), or any penalty assessed against the ocean transportation intermediary pursuant to section 13 of the Act (46 U.S.C. Commission staff will acknowledgereceipt andadvise if any further action is required. all questions answered or noted "N/A" within those Parts. PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE . If you answered in the affirmative,
Any change in the facts
In the event an application is closed as a result of the applicant's failure to provide information or documents necessary to complete processing, the filing fee will not be returned. of the change. Whenever a license has been revoked or an application has been denied because the Commission has found the licensee or applicant to be not qualified to render ocean transportation intermediary services, any further application within 3 years of the Commission's notice of revocation or denial, made by such former licensee or applicant or by another applicant employing the same qualifying individual, officer(s), member(s), manager(s) or controlled by persons on whose conduct the Commission based its determination for revocation or denial, shall be reviewed directly by the Commission. FAR). (a) Necessary qualifications. indicate old name or transferor. 13. Payment under this Rider shall not reduce the bond amount in the first paragraph of this Bond or affect its availability. (b) Optional bond rider. It is important that a current email address is maintained on file with the Commission. States or abroad. _/g6!k\gq}{71 AcN+--A*6UuPi]a?lB2rCAU+xd0Q; In witness whereof we have hereunto set our hands and seals on this ____________day of ____, 20____. (d) The length and nature of the qualifying individual's experience in handling ocean transportation intermediary duties. 10 Requirements to Obtain an OTI License from the FMC b`Y0}/yfD55J{\M:yCLl`(gY<3!
G3r8y4(# yKoKjQ8q)J`i[r#@ Responsibility Requirements. being replaced. Foreign-based Unlicensed NVOCC Registration/Renewal Form FMC-65 and financial responsibility Forms FMC-48, FMC-67, FMC-68, FMC-69 may be obtained from the Commission's website at www.fmc.gov, from the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, or from any of the Commission's Area Representatives. application for a name change or license transfer, please enter the name of the
No OTI shall prepare or file or assist in the preparation or filing of any claim, affidavit, letter of indemnity, or other paper or document concerning an ocean transportation intermediary transaction which it has reason to believe is false or fraudulent, nor shall any such OTI knowingly impart to a principal, shipper, common carrier or other person, false information relative to any ocean transportation intermediary transaction. Following is a list of
Designation of the Commission's Secretary as the legal agent shall survive any cancellation of the OTI's license or tariff and shall continue for the entire period during which claims may be made under the OTI's financial responsibility instrument. OTIs. Clarification on eligibility to be a Qualified Individual when partnerships are involved. individual is submitting for consideration. ZI])(. Applicant and Guarantor agree to handle the processing and adjudication of claims by claimants under the Guaranty established herein in the United States, unless by mutual consent of all parties and claimants another country is agreed upon. Create your signature and click Ok. Press Done. Appendix A to Part 515 - Ocean Transportation Intermediary (OTI) Bond Form [Form 48], Appendix B to Part 515 - Ocean Transportation Intermediary (OTI) Insurance Form [Form 67], Appendix C to Part 515 - Ocean Transportation Intermediary (OTI) Guaranty Form [Form 68], Appendix D to Part 515 - Ocean Transportation Intermediary (OTI) Group Bond Form [FMC-69], Appendix E to Part 515 - Optional Rider for Additional NVOCC Financial Responsibility (Optional Rider to Form FMC-48) [FORM 48A], Appendix F to Part 515 - Optional Rider for Additional NVOCC Financial Responsibility for Group Bonds [Optional Rider to Form FMC-69]. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. <>
What You Should Know About a Bond of Qualifying Individual No conference or group of common carriers shall deny in the export commerce of the United States compensation to an ocean freight forwarder or limit that compensation, as provided for by section 19(e)(4) of the Act (46 U.S.C. Failure of the applicant to submit the identified materials by the established date will result in the closing of its application without further processing. surrendered, must complete Question No. PDF Guidelines on Individual Accountability and Conduct Background and more details are available in the For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. Non-U.S.-based NVOCCs, unless licensed, are required to submit proof of financial responsibility in the amount of $150,000; it is recommended that the registered NVOCC use a licensed OTI for any OTI services performed on its behalf in the United States. (ii) Only with respect to those commodities. (f) Compensation; services performed by underlying carrier; exemptions. will also bring you to search results. The licensee may continue to operate as an ocean transportation intermediary while the Commission investigates the qualifications of the newly designated partner, member, manager, or officer. Tariq I. Belion, Qualifying Individual (QI) Easha Belion, President Application Type: New NVO & OFF License. The Commission shall publish on the Commission's Web site, www.fmc.gov, a notice of each termination or suspension. (5) Failure to honor the licensee's financial obligations to the Commission. Medicare Savings Programs (MSP) help people with limited income and resources pay for some or all of their Medicare premiums and may also pay their Medicare deductibles and co-insurance. (e) Optional bond riders. Submit Form FMC-18 and the required license application fee. OMB control number assigned pursuant to the Paperwork Reduction Act. 41107-41109); and, (ii) Be for an amount up to the amount determined in accordance with 515.21(b), taking into account a member's individual financial responsibility coverage already in place. the surety bond. Check the
(w) United States includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and all other United States territories and possessions. ____ to the United States of America and filed with the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 is modified as follows: 1. No licensed freight forwarder shall render, or offer to render, any freight forwarding service free of charge or at a reduced fee in consideration of receiving compensation from a common carrier or for any other reason. PDF Who Is a Qualifying Person Qualifying You To File as Head of Household? NEC Final A Flashcards | Quizlet Q-5000, Qualifying Individuals (QIs) Printer-friendly version. 5 Helpful. (a) Disclosure of principal. (b) Types of services by shipment. (1) Licenses. (b) Group financial responsibility. responsibility within two years of the date of approval, the Commission will
Position the qualifying individual holds as a corporate officer, member, or active partner: (Attach proof of position held i.e., minutes from meeting electing the officers) 12. Dollars or Renminbi Yuan at the option of the Surety) shall be available to any NVOCC enumerated in an Appendix to this Rider to pay any fines and penalties for activities in the U.S.-China trades imposed by the Ministry of Communications of the People's Republic of China (MOC) or its authorized competent communications department of the people's government of the province, autonomous region or municipality directly under the Central Government or the State Administration of Industry and Commerce pursuant to the Regulations of the People's Republic of China on International Maritime Transportation and the Implementing Rules of the Regulations of the PRC on International Maritime Transportation promulgated by MOC Decree No. 8. A license will be issued after the Commission has received acceptable
completed application Form (FMC-18) to the Federal Maritime Commission, Bureau
All application forms (FMC-18) are now filed electronically. FAA: Home - Federal Aviation Administration 4. The Commissions Ocean Transportation Intermediary (OTI) Compliance Program is conducted primarily by written correspondence and directly engages the OTIs management in a quick, high-level review of the OTIs bonding level, tariff, and current operating status to determine whether additional actions are needed to comply with Commission requirements. If replacing a qualifying individual, list the name of the individual
46 U.S.C. The compliance audit also may include review of entities holding themselves out as vessel-operating common carriers (VOCCs) where Commission staff can find no indication of current vessel operations. 19. - Upload the signed certificate. proof of financial responsibility upon notification by the Commission that the
(b) Notice. Part 515 of
Featured links. (2) Notices described in paragraph (c)(1) of this section shall be promptly submitted in writing by mail or email (bcl@fmc.gov) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. 515.21 Financial responsibility requirements. You may obtain
This
The effectiveness of such a registration may otherwise be terminated or suspended, after notice and the opportunity for a hearing, for any of the following reasons: (i) Violation of any provision of the Act, or any other statute or Commission order or regulation related to carrying on the business of an ocean transportation intermediary; (ii) Failure to respond to any lawful order or inquiry by the Commission or an authorized Commission representative; (iii) Making a materially false or misleading statement to the Commission in connection with a registration or renewal thereof; (iv) Failure to honor financial obligations to the Commission; (v) Failure to timely renew a registration; (vi) Failure to maintain a Form FMC-1 or a tariff in compliance with 46 CFR part 520; (vii) Knowingly and willfully accepting cargo from or transporting cargo for the account of: (A) an NVOCC that does not have a published tariff as required by 46 U.S.C. The liability of the Surety shall not be discharged by any payment or succession of payments pursuant to section 1 of this Rider, unless and until the payment or payments shall aggregate the amount set forth in section 1a of this Rider. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. [80 FR 68733, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. A qualifying individual must have at least three years of demonstrable OTI experience in the U.S. trades that can be confirmed by the FMC and, be an officer of the company. Welcome to the Form FMC-18 Automated Filing System! If you
The term beneficial interest shall not include any obligation in favor of an ocean transportation intermediary arising solely by reason of the advance of out-of-pocket expenses incurred in dispatching a shipment. consider the application to be void. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. (For license transfers, the information will be that of the
[80 FR 68736, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. The qualified individual or alternate qualified individual must be available on a 24-hour basis. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Choosing an item from Customs Brokers - Notification of Move/Change of address The child and dependent care tax credit is more lucrative than ever 8. A licensed freight forwarder may place an employee or employees on the premises of its principal as part of the services rendered to such principal, provided: (1) The in-plant forwarder arrangement is reduced to writing and identifies all services provided by either party (whether or not constituting a freight forwarding service); states the amount of compensation to be received by either party for such services; sets forth all details concerning the procurement, maintenance or sharing of office facilities, personnel, furnishings, equipment and supplies; describes all powers of supervision or oversight of the licensee's employee(s) to be exercised by the principal; and details all procedures for the administration or management of in-plant arrangements between the parties; and. MSPs are federal programs that are administered by Medicaid in each state. (b) Agents, employees, or branch offices of an ocean transportation intermediary. (m) Ocean transportation intermediary (OTI) means an ocean freight forwarder or a non-vessel-operating common carrier. At least one of the active corporate officers. Should you
No license will be issued until the Commission is in receipt of valid proof of financial responsibility. formatting. Write your awesome label here. This includes a non-resident who performs duties which by virtue of Section 28 of the Income Tax (Earnings & Pensions) Act 2003 are treated as being performed in the UK (Crown employees serving overseas) or is married to, or is in a civil partnership with a person . Whereas, the Insurance is written to assure compliance by the Insured with section 19 of the Shipping Act (46 U.S.C. Copies of this form will be maintained until the corresponding license has been revoked. 1, January 20, 2003. b. (3) Any registered NVOCC, as defined in 515.2(r), shall furnish evidence of financial responsibility in the amount of $150,000. mail. licensed. Click the Save button (see Figure 5). A joint licensee. (o) Principal refers to the shipper, consignee, seller, or purchaser of property, and to anyone acting on behalf of such shipper, consignee, seller, or purchaser of property, who employs the services of a licensed freight forwarder to facilitate the ocean transportation of such property. In the event of a claim against a group bond, the bond must be replenished up to the original amount of coverage within 30 days of payment of the claim; and, (iii) be in excess of a member's individual financial responsibility coverage already in place; and. When assessing an application to be an RFMC, LFMC or VCFM, MAS takes into account factors such as: Fitness and propriety of the applicant, its shareholders and directors. 15. If the applicant
Ocean Transportation Intermediary (OTI) Group Supplemental Coverage Bond Form (Shipping Act of 1984 (46 U.S.C. (1) The Commission will issue a license if it determines, as a result of its investigation, that the applicant possesses the necessary experience and character to render ocean transportation intermediary services; has filed the required bond, insurance or other surety; and has electronically submitted Form FMC-1 pursuant to 520.3 if approved to offer NVOCC service. FMC Natatorium - events proposing more than one qualifying individual complete Part D for each
(2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff. If
Clearly mark supplemental pages 1A, 2B,
US
Indicate all entities of any type whether in the United
(c) Failure to provide necessary information and documents. Proof of firm's name, original and English translation. (1) As provided in each financial responsibility instrument between an OTI and its financial responsibility provider(s), the issuing financial responsibility provider shall submit a notice to the Commission of each claim, court action, or court judgment against the financial responsibility and each claim paid (including the amount) by the provider. This Guaranty is effective the day of ____, ____, ____ 12:01 a.m., standard time at the address of the Guarantor as stated herein and shall continue in force until terminated as herein provided. The FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. 04. The Surety shall not be liable for fines or penalties imposed on the Principal after the expiration of the 30-day period but such termination shall not affect the liability of the Principal and Surety for any fine or penalty imposed prior to the date when said termination becomes effective. This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . PDF Qualifying Individuals - Mortgage.nationwidelicensingsystem.org (Please type name of signer under each signature. Mail or courier the
This group bond shall inure to the benefit of any and all persons who have obtained a judgment or made a settlement pursuant to a claim under 46 CFR 515.23 for damages against any or all of the OTIs identified in Appendix A not covered by said OTIs' insurance policy(ies), guaranty(ies) or surety bond(s) arising from said OTIs' transportation-related activities under the Shipping Act, or order for reparation issued pursuant to section 11 of the Shipping Act, and to the benefit of the Federal Maritime Commission for any penalty assessed against said OTIs pursuant to section 13 of the Shipping Act (46 U.S.C. Study with Quizlet and memorize flashcards containing terms like Type AC cable is permitted in, Listed FMC and LFMC shall contain an equipment grounding conductor if the raceway is installed for the reason of, Cable________ made and insulated by approved methods can be located within a cable tray provided they are accessible, and do not project above the side rails where the splices are . FMC License & Registration for NVOCCs - Distribution-Publications, Inc. The undersigned ____, as Principal and ____, as Surety do hereby agree that the existing Bond No. (d) In-plant arrangements. Updated June 20, 2022. Application For Replacing The Qualifying Individual -CSLB Home OnlineServices WebApplication InteractivePDFs ApplicationForReplacingTheQualifyingIndividual Application For Replacing The Qualifying Individual Easy-Fill Application IMPORTANT NOTICE REGARDING CONVICTIONS PLEASE READ CAREFULLY However, minutes can serve as a useful summary of the meeting for future business-related reference. 401 (k) vs. HSA. d. This Rider is effective the ____ day of ____, 20____, and shall continue in effect until discharged, terminated as herein provided, or upon termination of the Bond in accordance with the sixth paragraph of the Bond. 49 CFR 172.101 office is to be listed in Part F. Branch offices outside the US are not
involved with foreign water borne commerce. - Copy those files (fmc.key and fmc.csr) off the FMC. The following condition is added to this Bond: a. DPI Copyright & Disclaimer Home / Knowledge Center / Qualifying Individual (QI) PDF House Job Policy 2021 Latest - Air University Pakistan instance where the application has been processed in whole or part. Only one license shall be issued to any applicant regardless of the number of names under which such applicant may be doing business, and except as otherwise provided in this part, such license is limited exclusively to use by the named licensee and shall not be transferred without prior Commission approval to another person. 41107-41109). (d) Common carrier. You can also expect the Commission to contact the references for the
In the case of a guaranty covering the liability of a group or association of OTIs, Guarantor's obligation extends only to such damages, reparations or penalties described herein as are not covered by another insurance policy, guaranty or surety bond held by the OTI(s) against which a claim or final judgment has been brought. Q-5000, Qualifying Individuals (QIs) - Texas