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and title of the proposed qualifying individual for the applicant. write "N/A". fill out this section. (ii) The ocean transportation intermediary fails to respond within forty-five (45) days from the date of the notice of the claim to address the validity of the claim, and the financial responsibility provider deems the claim valid. Otherwise, the denial of the application will become effective and the applicant shall be so notified. As a (d) The length and nature of the qualifying individual's experience in handling ocean transportation intermediary duties. (1) Any person who wishes to obtain a license to operate as an ocean transportation intermediary shall submit electronically a completed application Form FMC-18 (Application for a License as an Ocean Transportation Intermediary) in accordance with the automated FMC-18 filing system and corresponding instructions. At least one of the active corporate officers. Except for the automatic revocation for termination of proof of financial responsibility under 515.26, a license may be revoked or suspended after notice and an opportunity for a hearing under the procedures of 515.17. Such hearing shall be provided pursuant to the procedures contained in 515.17. Bonds must be issued by a surety company found acceptable by the Secretary of the Treasury; (b) Insurance, by filing with the Commission evidence of insurance on Form FMC-67. The Commission shall conduct an investigation of the applicant's qualifications for a license. 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. Your individual or joint income and resources must meet a certain criteria to qualify. Corporations must list the name and title of each *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. 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 Commission has received OMB approval for this collection of information pursuant to the Paperwork Reduction Act of 1995, as amended. going to conduct OTI business through branch offices in the HSA vs. 401 (K) Both accounts let you make pre-tax contributions and grow tax-free earnings. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. (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. The qualified individual must: (1) assess the child's needs and strengths, using an age-appropriate, evidence-based, validated, functional assessment approved by the commissioner of human services; (2) determine whether the child's needs can be met by the child's family members or through placement in a family foster home; or, if not, determine . 41301-41302, 41305-41307(a)), or any penalty assessed against the Applicant pursuant to section 13 of the Shipping Act (46 U.S.C. Post office 40904(d)) and 46 CFR part 535. 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 . no longer operate as a business provide dissolution papers. seeks a change in business structure, license transfer, or name change. (a) Necessary qualifications. 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 (bcl@fmc.gov), of any additions, deletions or changes to the OTIs enumerated in Appendix A. (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. Officers: Luis A. Marquez, President, (Qualifying Individual). Failure to comply with Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. Copies of these documents may be obtained from the FMCs Bureau of 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. stream endobj Upon request, a general statement of its business activities and those of its affiliates, along with a written list of the names of such affiliates, will be provided. 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. You can also expect the Commission to contact the references for the If the response to any question is yes, please attach an Application Type: New OFF License. If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. (a) Forms. office is to be listed in Part F. Branch offices outside the US are not (e) Common carrier means any person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that: (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination, and. This part also prescribes the financial responsibility requirements and the duties and responsibilities of ocean transportation intermediaries, and regulations concerning practices of ocean transportation intermediaries with respect to common carriers. These rules and regulations are contained in section 19 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. Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573-0001. The Surety consents to be sued directly in respect of any bona fide claim owed by any or all of the OTIs identified in Appendix A for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act of the OTIs in the event that such legal liability has not been discharged by the OTIs or Surety after a claimant has obtained a final judgment (after appeal, if any) against the OTIs 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 OTI(s) 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(s). The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Commission's rules. 40902 and this part; or. The Qualifying Individual or QI program is a Medicare savings program (MSP). In witness whereof we have hereunto set our hands and seals on this day ____ of ____________, 20____, By: ________________________________________________, Optional Rider for Additional NVOCC Financial Responsibility for Group Bonds [Optional Rider to Form FMC-69]. Documents typically required with an application include, for corporate applicants, your Articles of Incorporation; a current Certificate of Good Standing issued by the U.S. State or jurisdiction in which you do business; a Fictitious Name Statement if you propose to operate under a trade name or dba ; and a Corporate Resolution or minutes of instance where the application has been processed in whole or part. or existing codification. (Qualifying Individuals for NVOCCs not in the US may submit proof of (c) Duration of license. However, the bond shall not apply to shipments of used household goods and personal effects for the account of the Department of Defense or the account of federal civilian executive agencies shipping under the International Household Goods Program administered by the General Services Administration. 4. FAR). 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. It is important that a current email address is maintained on file with the Commission. (a) Licenses. [64 FR 11171, Mar. Check all the boxes that There is no fee for filing changes to pending Each day of a continuing violation shall constitute a separate violation. 515.2 (i) and 515.2 (l), 515.11 (a)). Applications for a new license by the executor, administrator, heir(s), or assign(s) shall be made on Form FMC-18, and shall be accompanied by the fee required under 515.5(c). (c) Reduced forwarding fees. When a licensed freight forwarder is a shipper or seller of goods in international commerce or affiliated with such an entity, the licensed freight forwarder shall have the option of: (1) Identifying itself as such and/or, where applicable, listing its affiliates on its office stationery and billing forms, or. (a) Licensees and registrants; names and numbers. 8. (b) Types of services by shipment. Now, Therefore, The condition of this obligation is that the penalty amount of this Guaranty shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Applicant arising from the Applicant's transportation-related activities or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. OTI experience obtained outside the US .) A common carrier shall not pay compensation for the services described in paragraph (c) of this section more than once on the same shipment. (d) Federal military and civilian household goods. citations and headings (3) Corporation. Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the . This content is from the eCFR and may include recent changes applied to the CFR. 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. 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. Helpful Hints 1. QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. [80 FR 68734, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. Such amount is separate and distinct from the bond amount set forth in the first paragraph of this Bond. (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. (d) Compensation pursuant to tariff provisions. It should be noted that fees will not be returned in any 515.26 Termination of financial responsibility. If the transferor will (A) Money order, certified, cashier's, or personal check payable to the order of the Federal Maritime Commission;, (C) The Automated Clearing House system; or. You may obtain It is not an official legal edition of the CFR. - Complete the ISE configuration and test. Note: If you are a noncustodial parent, the term "qualifying child" for head of household If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. 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). This Insurance Form has been filed with the Federal Maritime Commission. (2) Prepared and processed the ocean bill of lading, dock receipt, or other similar document with respect to the shipment. completed. "The Federal Maritime Commission (FMC) is the independent federal agency responsible for regulating the U.S. international ocean transportation system for the benefit of U.S. exporters, importers, and the U.S. consumer." - FMC What does it mean for an NVOCC to have an FMC license? (c) Branch office means any office in the United States established by or maintained by or under the control of a licensee for the purpose of rendering intermediary services, which office is located at an address different from that of the licensee's designated home office. The Surety shall not be liable for any transportation-related activities of the OTIs identified in Appendix A as covered by 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 transportation-related activities occurring prior to the date when said termination becomes effective. (h) Express written authority. In any other instance where it is necessary to attach a supplemental Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. The completed questionnaire and any supporting documents must be returned within 30 days. % Check the boxes that apply. explanation. The term "qualifying individual" (QI) is added and defines QI as an individual who meets the Shipping Act's experience and character requirements. When a group or association of ocean transportation intermediaries accepts liability for an ocean transportation intermediary's financial responsibility for such ocean transportation intermediary's transportation-related activities under the Act, the group or association of ocean transportation intermediaries shall file a group bond form, insurance form or guaranty form, clearly identifying each ocean transportation intermediary covered, before a covered ocean transportation intermediary may provide ocean transportation intermediary services. 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. If the violation is willfully and knowingly committed, in which case The Principal or the Surety may at any time terminate this bond by mail or email (bcl@.fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. Partnerships or similar entities must list the name of 40101-41309) (Shipping Act). legal name of the applicant must be shown in this section. Licensed, Non-U.S.-based NVOCCsare required to submit proof of financial responsibility in the amount of $75,000. 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. 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. Should you Upon notification by the Commission that an applicant has been conditionally approved for licensing, the applicant shall file with the Director of the Commission's Bureau of Certification and Licensing, proof of financial responsibility in the form and amount prescribed in 515.21. Neither the Principal nor the Surety shall be liable for any transportation-related activities of the OTI(s) deleted from Appendix A that occur after the expiration of the 30-day period, but such termination shall not affect the liability of the Principal and Surety for any transportation-related activities of said OTI(s) occurring prior to the date when said termination becomes effective. If you have questions for the Agency that issued the current document please contact the agency directly. LLC meeting minutes keep a written record of all consequential discussions, votes, and actions that occurred throughout a limited liability company (LLC) meeting. Holding companys identify affiliations that are of more than one trade name, documentation is needed stating which name will be switch to drafting.ecfr.gov. Medicare provides four savings programs with different income and resource limits. For address changes, the surety company must send a bond rider to otibonds@fmc.gov. Learn more about the eCFR, its status, and the editorial process. 7. To receive the program benefits,. of this rider, equals $____. result, it may not include the most recent changes applied to the CFR. [64 FR 11171, Mar. If you are transferring a (c) Notices of court and other claims against OTIs by financial responsibility providers. 14. Replacement or additional qualifying individual. (v) Transportation-related activities which are covered by the financial responsibility obtained pursuant to this part include, to the extent involved in the foreign commerce of the United States, any activity performed by an ocean transportation intermediary that is necessary or customary in the provision of transportation services to a customer, but are not limited to the following: (1) For an ocean transportation intermediary operating as an ocean freight forwarder, the freight forwarding services enumerated in paragraph (h) of this section, and. Assura (ii) Applications or registrations shall be rejected unless the applicable fee and any bank charges assessed against the Commission are received by the Commission within ten (10) business days after submission of the application or registration. used with the Ocean Freight Forwarder (OFF) and Non-Vessel-Operating Common A rider to the bond should list the qualifying branch address in the United States. or fax at (202) 566-0011. ; (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. (d) Acquisition of one or more additional licensees. (2) Where information identified in an OTI's license renewal process is changed from that set out in its current Form FMC-18 and requires Commission approval pursuant to 515.20, the licensee must promptly submit a request for such approval on Form FMC-18 together with the required filing fee. A license number should be provided only by those persons who are already If Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. The Federal Maritime Commission amends its regulations pertaining to the licensing requirements of ocean transportation intermediaries in accordance with the Shipping Act of 1984, as amended by The Ocean Shipping Reform Act of 1998. The undersigned Guarantor hereby consents to be sued directly in respect of any bona fide claim owed by Applicant for damages, reparations or penalties arising from Applicant's transportation-related activities under the Shipping Act, in the event that such legal liability has not been discharged by the Applicant after any such claimant has obtained a final judgment (after appeal, if any) against the Applicant 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 FMC, 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 Applicant and/or Guarantor pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Guarantor is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant. If you are changing 7. U.S. Department of Transportation Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 1-866-TELL-FAA (1-866-835-5322) Define Qualifying Individual. (e) Changes in fact. (d) Registrations shall be effective for a period of three (3) years. week. If you have questions or comments regarding a published document please qualify, it is suggested that you review 46 C.F.R. This bond is effective the ____, day of ____,____ and shall continue in effect until discharged or terminated as herein provided. Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. date of application, is also needed for any corporation that has been in A group or association of ocean transportation intermediaries may also file an optional bond rider as provided in 515.25(b). (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. The bond, insurance, or other surety covers the transportation-related activities of an ocean transportation intermediary. 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. Agreement can be used. All punch cards are non-refundable. the name of the owner. 155.1026 Qualified individual and alternate qualified individual. approved. 515.91 OMB control number assigned pursuant to the Paperwork Reduction Act. The OTI must timely replace the QI, as provided by the Commission's . Fill in, print and save an online form. Step 3: Appoint a qualifying individual (QI) with at least 3 years of verifiable OTI experience. 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. Enhanced content is provided to the user to provide additional context. The Qualifying Individuals (QIs) program is an extension of QMB. members of large organization or are affiliated with international Any person which exclusively transports used household goods and personal effects for the account of the Department of Defense, or for the account of the federal civilian executive agencies shipping under the International Household Goods Program administered by the General Services Administration, or both, is not subject to the requirements of subpart B of this part, but may be subject to other requirements, such as alternative surety bonding, imposed by the Department of Defense, or the General Services Administration. [64 FR 11171, Mar. ALL The Principal or the Surety may at any time terminate this bond by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. All subsequent renewals will take place on regular three-year intervals. (3) Though the foregoing license renewal process is not intended to result in a re-evaluation of a licensee's character, the Commission may review a licensee's character at any time, including at the time of renewal, based upon information received from the licensee or other sources. 40901-40904), and the rules and regulations of the Federal Maritime Commission relating to evidence of financial responsibility for OTIs (46 CFR part 515), this bond shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Principal arising from the Principal's transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. user convenience only and is not intended to alter agency intent regulations. forwarder, NVOCC, etc. A separate file shall be maintained for each shipment. (j) Licensee is any person licensed by the Federal Maritime Commission as an ocean transportation intermediary. 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. Any person serving the Secretary must also send to the ocean transportation intermediary, or group or association of ocean transportation intermediaries which provide financial coverage for the financial responsibilities of a member ocean transportation intermediary, by mail or courier service at the ocean transportation intermediary's, or group's, address published in its tariff, a copy of each document served upon the Secretary, and shall attest to that service at the time service is made upon the Secretary. Each licensee and registrant shall carry on its business only under the name in which it was licensed or registered and only under its license or registration number as assigned by the Commission. Subpart D - Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission, Subpart E - Freight Forwarding Fees and Compensation. Failure of the applicant to submit the identified materials by the established date will result in the closing of its application without further processing.

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