Persons operating without the 8, 1999, as amended at 67 FR 39860, June 11, 2002; 74 FR 50719, Oct. 1, 2009; 84 FR 62468, Nov. 15, 2019]. Upon the request of any authorized representative of the Commission, an OTI shall make available promptly for inspection or reproduction all records and books of account in connection with its ocean transportation intermediary business, and shall respond promptly to any lawful inquiries by such representative. the qualifying individual is a corporate officer or partner, attach The Faculty Multimedia Center (FMC) is a do-it-yourself . 10. When a licensed freight forwarder is entitled to compensation, the forwarder shall provide the common carrier with a certification which indicates that the forwarder has performed the required services that entitle it to compensation. If additional space is The official, published CFR, is updated annually and available below under 6. 1, January 20, 2003. The licensed freight forwarder's name may appear with the name of the shipper, but the forwarder must be identified as the shipper's agent. copies of the Form FMC-18 and the related Surety Bond Form FMC-48, at the In the event of additions to Appendix A, coverage will be effective upon receipt of such notice, in writing, by the Commission at its office in Washington, DC. The Commission shall publish on the Commission's Web site, www.fmc.gov, a notice of each termination or suspension. Submit electronically or print out and complete Form FMC-18: Application for a License as an Ocean Transportation Intermediary. or existing codification. The completed questionnaire and any supporting documents must be returned within 30 days. commerce. [80 FR 68734, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. We recommend you directly contact the agency responsible for the content in question. (See 46 C.F.R. Commission's rules. 49 CFR 172.101 Prior to the date it commences furnishing ocean transportation intermediary services, every ocean transportation intermediary shall establish its financial responsibility for the purpose of this part by one of the following methods: (a) Surety bond, by filing with the Commission a valid bond on Form FMC-48. (2) Hearing procedure. information or personal data. (d) Common carrier. execution. Generally, you can expect proposing more than one qualifying individual complete Part D for each An entity that also provides OTI services in its own name and not on behalf of a licensed or registered OTI must be separately licensed under this part and must provide proof of its own financial responsibility and publish a tariff, if applicable. How to Amend the Title/Business Address for an Existing Qualifying Individual 1. (a) No common carrier may knowingly and willfully accept cargo from or transport cargo for the account of: (1) An NVOCC that does not have a published tariff as required by 46 U.S.C. If more than six (6) Unlike corporations, LLCs are not required by state law to track meeting minutes upon convening. A true copy, or if oral, a true and complete memorandum, of every special arrangement or contract between a licensed freight forwarder and a principal, or modification or cancellation thereof. HSA - Health Savings Account | HealthEquity (d) Federal military and civilian household goods. A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. (2) Notices described in paragraph (c)(1) of this section shall be promptly submitted in writing by mail or email ([email protected]) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). 41107-41109), then, provided that the FMC shall have accepted, as sufficient for that purpose, the Applicant's application, supported by evidence of a financial rating for the Guarantor 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 rating organization's letterhead or designated form, or, in the case of Guaranty 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, the undersigned Guarantor certifies that it has sufficient and acceptable assets located in the United States to cover all damages arising from the transportation-related activities of the covered OTI as specified under the Shipping Act. application for a license as an ocean transportation intermediary has been The eCFR is displayed with paragraphs split and indented to follow Such person shall not receive compensation from the common carrier for any services rendered in connection with such shipments. The total amount of aggregate coverage equals or exceeds $125,000. 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. and the number of branch offices indicated. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. (1) A licensee operating as an NVOCC and a freight forwarder, or a person related thereto, may collect compensation when, and only when, the following certification is made together with the certification required under paragraph (c) of this section: The undersigned certifies that neither it nor any related person has issued a bill of lading or otherwise undertaken common carrier responsibility as a non-vessel-operating common carrier for the ocean transportation of the shipment covered by this bill of lading. A6, A7, B5, B6, B7, etc). Notice of filing of each application shall be published on the Commission's Web site www.fmc.gov and shall state the name and address of the applicant and the name of the QI. (2) Including the following notice on such items: This company is a shipper or seller of goods in international commerce or is affiliated with such an entity. applications. Ocean Transportation Intermediary (OTI) Bond Form [Form 48], Ocean Transportation Intermediary (OTI) Insurance Form [Form 67], Ocean Transportation Intermediary (OTI) Guaranty Form [Form 68], Ocean Transportation Intermediary (OTI) Group Bond Form [FMC-69], Optional Rider for Additional NVOCC Financial Responsibility (Optional Rider to Form FMC-48) [FORM 48A], PART 515 - LICENSING, REGISTRATION, FINANCIAL RESPONSIBILITY REQUIREMENTS AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES, Subpart B - Eligibility and Procedure for Licensing and Registration. Incomplete applications will usually be returned within a Apply for or make changes to a License or Request a Foreign 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. (3) An ocean transportation intermediary is fully responsible for the acts and omissions of any of its employees and agents that are performed in connection with the conduct of the ocean transportation intermediary's business. The Federal Maritime Commission shall not serve as a depository or distributor to third parties of funds payable pursuant to optional bond riders described in 515.25(b). The Insured or the Insurer may at any time terminate the Insurance by mail or email ([email protected]) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. Assura 2 0 obj Carrier (NVOCC) licenses. Such notices may include or attach other information relevant to the claim. 46 CFR 515.11 - Basic requirements for licensing; eligibility. The Commission will update this list on a periodic basis. ; (2) Each group or association of ocean transportation intermediaries shall provide the Commission with a list certified by its Chief Executive Officer containing the names of those ocean transportation intermediaries to which it will provide coverage; the manner and amount of existing coverage each covered ocean transportation intermediary has; an indication that the existing coverage provided each ocean transportation intermediary is provided by a surety bond issued by a surety company found acceptable to the Secretary of the Treasury, or by insurance or guaranty issued by a firm meeting the requirements of paragraphs (b) or (c) of this section with coverage limits specified above in 515.21; and the name, address and facsimile number of each surety, insurer or guarantor providing coverage pursuant to this section. Last Updated 6/24/2013 Page 3 Note: After edits are made to Qualifying Individuals use the Undo ( ) icon to undo changes made. No licensed freight forwarder shall enter into an agreement or other arrangement (excluding agency arrangements not prohibited by law or this part) with an unlicensed person that bestows any fee, compensation, or other benefit upon the unlicensed person. 2021. A branch office of an OTI may use the license of the OTI, provided that the address of the branch office has been reported to the Commission in Form FMC-18 or pursuant to 515.20(e). Track record and fund management expertise of the applicant and its parent company or major shareholders. The required OTI experience of the QI of a foreign-based NVOCC seeking to become licensed under this part (foreign-based licensed NVOCC) may be acquired in the U.S. or a foreign country with respect to shipments in the United States oceanborne foreign commerce. Form FMC-18 (Rev. Whereas, the Insurer certifies that it has sufficient and acceptable assets located in the United States to cover all liabilities of Insured herein described, this Insurance shall inure to the benefit of any and all persons who have a bona fide claim against the Insured pursuant to 46 CFR 515.23 arising from its transportation-related activities under the Shipping Act, or order of reparation issued pursuant to section 11 of the Shipping Act (46 U.S.C. forwarder, NVOCC, etc. To qualify for any of the three types of OTI license (Large PDF) issued by the Federal Maritime Commission (FMC), your company must demonstrate to the FMC that at least one of your company officers has a minimum of three (3) years working experience for an FMC licensed NVOCC, ocean forwarder, or ocean carrier in the USA. If you need additional space, enter the information on Replacement or additional qualifying individual. attached to the Form FMC-18. etc. What is the definition of a qualified individual? <>>> qualification of the applicant. If more than one insurer joins in executing this document, that action constitutes joint and several liability on the part of the insurers. 515.42 Forwarder and carrier compensation; fees. Additional Qualifying Individual [ ] Replacement Qualifying Individual [ ](Name of individual being replaced: ) 11. The Form Fund Management Licensing and Registration - Monetary Authority Of Licensing, Registration and/or Proof of Financial Responsibility, Competition and Integrity for Americas Ocean Supply Chain, Apply for or make changes to a License or Request a Foreign Registration, Ocean Shipping Reform Act of 2022 (OSRA) Implementation, Foreign NVOCC Registration Status Changes, Consumer Affairs & Dispute Resolution Services, Historical Federal Maritime Commission Reports, Vessel-Operating Common Carrier (VOCC) Audit Program. All hearing requests under 515.15 and 515.16 shall be submitted to the Commission's Secretary. PDF State of California Certified Qualified Conveyance (Elevator) Company [64 FR 11171, Mar. 40101-41309) (Shipping Act). 14. (a) Licenses. hb```^!b`f`sL``p`Hadw5Sl;`}5A55itFN)as_,;#n (b) Information obtained under this part is used to determine the qualifications of ocean transportation intermediaries and their compliance with shipping statutes and regulations. The Surety shall not be liable for any transportation-related activities of 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 event occurring prior to the date when said termination becomes effective. After all Parts of the application have been completed and the application has been submitted, you must submit the required. If applicant intends 1240 0 obj <>stream (d) Invoices; documents available upon request. 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. Bond of Qualifying Individual | ccisbonds.com | ccisbonds.com application. (f) Registered NVOCCs must report in writing to BCL any changes, within 30 days of such changes, to: legal name(s) or trade name(s); principal place of business address (including telephone number, facsimile number); contact person and email address (including physical address if different from principal place of business); name of resident agent(s) (including physical address, mailing address, email address, telephone and facsimile number(s), and contact person) in the United States for receipt of service of judicial and administrative process (including subpoenas). 04. ____ [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. Check the (c) Has made any materially false or misleading statement to the Commission in connection with its application; then, a notice of intent to deny the application shall be sent to the applicant stating the reason(s) why the Commission intends to deny the application. Qualifying individual | U.S.A. IMPORT & EXPORT LAWS 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. Identify whether applicant, The Principal or financial responsibility provider will promptly notify the underwriting Surety in writing and the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, by mail or email ([email protected]), of any additions, deletions or changes to the OTIs enumerated in Appendix A. Officer: Matthew A. Keces, Sole Proprietor, (Qualifying Individual). Signature of Official signing on behalf of Insurer. site when drafting amendatory language for Federal regulations: 10 Requirements to Obtain an OTI License from the FMC (2) An OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. 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. Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. University of Central Florida Instructional Technology - Glassdoor An applicant that previously held an OTI license that was revoked or A license number should be provided only by those persons who are already The Surety consents to be sued directly in respect of any bona fide claim owed by Principal for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act of Principal in the event that such legal liability has not been discharged by the Principal or Surety after a claimant has obtained a final judgment (after appeal, if any) against the Principal from a United States Federal or State Court of competent jurisdiction and has complied with the procedures for collecting on such a judgment pursuant to 46 CFR 515.23, the Federal Maritime Commission, or where all parties and claimants otherwise mutually consent, from a foreign court, or where such claimant has become entitled to payment of a specified sum by virtue of a compromise settlement agreement made with the Principal and/or Surety pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Surety is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant; provided, however, that Surety's total obligation hereunder shall not exceed the amount set forth in 46 CFR 515.21, as applicable. You may [80 FR 68732, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. Define Qualifying Individual. The Commission may contact these FMC Issues Proposed Rule Changes Covering OTI Licensure and - Hklaw Auditors and accredited bodies compliance requirements SAF/FM is composed of four directorates, or "3-Letter" organizations, each . eCFR :: 46 CFR Part 515 -- Licensing, Registration, Financial If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. 8, 1999, unless otherwise noted. (2) Non-vessel-operating common carrier (NVOCC) means a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier. is also required for applications seeking approval of a change in business Displaying title 46, up to date as of 3/02/2023. (a) Except as otherwise provided in this part, 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. In witness whereof we have hereunto set our hands and seals on this ____________day of ____, 20____. 18. PDF House Job Policy 2021 Latest - Air University Pakistan 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). For 2021 the maximum CDCC for a taxpayer with AGI of more than $183,000 is $1,600 for one qualifying individual ($8,000 x 20%) and $3,200 for two or more qualifying individuals ($16,000 x 20%). Q-5000, Qualifying Individuals (QIs) - Texas The Insurer will promptly notify the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, in writing by mail or email ([email protected]), of all claims made, lawsuits filed, judgments rendered, and payments made against the Insurance. U.S.-based companies or sole proprietors operating as Ocean Freight Forwarders (OFF) or Non-Vessel-Operating Common Carriers (NVOCCs) are required to obtain a license from the FMC. 13. If the response to any question is yes, please attach an explanation. Check all the boxes that No licensed freight forwarder shall charge or collect compensation in the event the underlying common carrier, or its agent, has, at the request of such forwarder, performed any of the forwarding services set forth in 515.2(h), unless such carrier or agent is also a licensed freight forwarder, or unless no other licensed freight forwarder is willing and able to perform such services. 20. 4. 1221 0 obj <>/Filter/FlateDecode/ID[<771312062B97CA4C8DD3E39D25FD9618>]/Index[1208 33]/Info 1207 0 R/Length 83/Prev 603469/Root 1209 0 R/Size 1241/Type/XRef/W[1 3 1]>>stream You should familiarize (a) Forms. 1996, chap 292), and in accordance with documentation (e.g. Other changes in material fact of a licensee shall be reported within thirty (30) days of such changes, in writing by mail or email ([email protected]) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. 41107-41109), that are not covered by the identified OTIs' individual insurance policy(ies), guaranty(ies) or surety bond(s). This 0 (a) Notice of shipper affiliation. 10. The qualifying individual must have Following is a list of The guaranty must be placed with: (1) A Guarantor having a financial rating of Class V or higher under the Financial Size Categories of A.M. Best & Company, or equivalent from an acceptable international rating organization; (d) Evidence of financial responsibility of the type provided for in paragraphs (a), (b) and (c) of this section established through and filed with the Commission by a group or association of ocean transportation intermediaries on behalf of its members, subject to the following conditions and procedures: (1) Each group or association of ocean transportation intermediaries shall notify the Commission of its intention to participate in such a program and furnish documentation as will demonstrate its authenticity and authority to represent its members, such as articles of incorporation, bylaws, etc. Step 3: Appoint a qualifying individual (QI) with at least 3 years of verifiable OTI experience. Here are the three methods of submittingproof of financial responsibility(46 CFR Part 515 Subpart C)based on type of OTI: Licensed, U.S.-based NVOCCs and OFFsare required to submit proof of financial responsibility (most likely in the form of a surety bond), in the amount of $50,000 (for an ocean freight forwarder license) or $75,000 (for NVOCC license). (a) Qualification necessary for issuance. (c) Registrations are complete upon receipt of a registration form which meets the requirements of this section, evidence of financial responsibility pursuant to 515.21, and Form FMC-1 pursuant to 520.3. 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 . Applicants that are FMC license | U.S.A. IMPORT & EXPORT LAWS to share office space or is currently sharing space with another person or trade name or adding a trade name, you must attach the appropriate "Reasonably compatible" means that there is no significant discrepancy between information declared by a member or applicant and other information available to the agency. The guaranty must provide coverage for damages, reparations or penalties arising from any transportation-related activities under the Act of the covered ocean transportation intermediary. FAR). . The common carrier shall retain such certifications for a period of five (5) years. (b) Agents, employees, or branch offices of an ocean transportation intermediary. 9. individual is submitting for consideration. 2. (a) This part sets forth regulations providing for the licensing and registration as ocean transportation intermediaries of persons who wish to carry on the business of providing intermediary services, including the grounds and procedures for revocation and suspension of licenses and registrations.
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