fmc qualifying individual
stream structure, license transfer, name change, or addition of a trade name, See Part The acceptance or solicitation of any other shipments is expressly prohibited until a new license has been issued. Guarantor shall pay, subject to the limit of the amount per OTI set forth in 46 CFR 515.21, directly to a claimant any sum or sums which Guarantor, in good faith, determines that the Applicant has failed to pay and would be held legally liable by reason of Applicant's transportation-related activities, or its legal responsibilities under the Shipping Act and the rules and regulations of the FMC, made by Applicant while this agreement is in effect, regardless of the financial responsibility or lack thereof, or the solvency or bankruptcy, of Applicant. The FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR 112.20 (h) (i)). % 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. Current address Names and information concerning Qualifying Individual (s) Structure of the organization Nature and extent of current operations of the OTI A list of OTI regulatory obligations also is provided at the commencement of each compliance audit. If more than one insurer joins in executing this document, that action constitutes joint and several liability on the part of the insurers. If additional space is Note: If you are a noncustodial parent, the term "qualifying child" for head of household - Upload the signed certificate. This content is from the eCFR and may include recent changes applied to the CFR. 40901-40904) and the rules and regulations, as amended, of the Federal Maritime Commission, which provide compensation for damages, reparations or penalties arising from the transportation-related activities of Insured, and made pursuant to the Shipping Act of 1984 (46 U.S.C. The applicant must obtain Incorporated branch offices must be 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. (c) Common carriers. qualifying individual(s). 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. All punch cards are non-refundable. 1331 Pennsylvania Avenue, NW. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. 3. Submission is completely voluntary. 40901-40904). Persons who have had their applications closed under this section may reapply at any time by submitting a new application with the required filing fee. 13. name must be submitted with an initial application or where the application (b) Service of administrative process, other than subpoenas, may be effected upon the legal agent by dispatching a copy of the document to be served by mail or courier service. Persons operating without the 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. No OTI shall permit its name, license, license number, registration, or registration number to be used by any person who is not an employee or an agent of the OTI. Unlike corporations, LLCs are not required by state law to track meeting minutes upon convening. The Form FMC-18 is not Signed and sealed this ____ day of ____, ____. 2 0 obj Generally, you can expect 6, 2004; 80 FR 68735, Nov. 5, 2015; 85 FR 9683, Feb. 20, 2020]. Applicants whose applications/approvals have become invalid may submit a new Form FMC-18, together with the required filing fee, at any time. Based on BEIC audits results for the most recent period (January June, 2017), the most common issues encountered during the course of an OTI compliance audit are: Competition and Integrity for Americas Ocean Supply Chain, Ocean Shipping Reform Act of 2022 (OSRA) Implementation, Foreign NVOCC Registration Status Changes, Consumer Affairs & Dispute Resolution Services, Apply for or make changes to a License or Request a Foreign Registration, Historical Federal Maritime Commission Reports, Vessel-Operating Common Carrier (VOCC) Audit Program, Shipping Act and other statutes and regulations within the Commissions authority, Names and information concerning Qualifying Individual(s), Nature and extent of current operations of the OTI, Failure to update Non-Vessel-Operating Common Carrier (NVOCC) rates or maintaining a tariff that contains one rate applicable to Cargo NOS. (c) Receipts and disbursements by shipment. also telephone BCL, Office of Transportation Intermediaries, at (202) 523-5843 The following notice shall appear on each invoice to a principal: Upon request, we shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. 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. (e) All forms and documents for establishing financial responsibility of ocean transportation intermediaries prescribed in this section shall be submitted to the Director, Bureau of Certification and Licensing, via email to bcl@fmc.gov. of Certification and Licensing, 800 North Capitol Street N.W., Washington, D.C. The following condition is added to this Bond: a. 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 group 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 such OTIs arising from OTI transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. performed by the qualifying individual. (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. (2) Hearing procedure. If you are changing your existing corporations business structure do not 40901-40904) and this part. E-Learning Home. Replacement or additional qualifying individual. After all Parts of the application have been completed and the application has been submitted, you must submit the required. NVOCC OTIs that do not have an active Form FMC-1 on file with the Commission are not considered to be in compliance with regulatory requirements, and therefore, are not included on this list. ( p) Qualifying individual (QI) means an individual who meets the experience and character requirements of section 19 of the Shipping Act ( 46 U.S.C. (c) Reduced forwarding fees. V6Z 2G3 If your application and fees are accepted, you will be issued an FMC and client number. The Commission may contact these application, e.g. Should you The term "qualifying individual" (QI) is added and defines QI as an individual who meets the Shipping Act's experience and character requirements. (5) Change in the identity or status of the designated QI, except as described in paragraphs (b) and (c) of this section. The qualifying individual must have Application Type: New OFF 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 experience acquired in the U.S. or a foreign country with respect to shipments in the United States oceanborne foreign commerce. If the response to any question is yes, please attach an explanation. acceptable include experience gained overseas (import) as an ocean freight License Application Form FMC-18 is found at the Commission's website www.fmc.gov for completion on-line by applicants and licensees. Click the Save button (see Figure 5). to receive notification that your application has been processed and a decision There is no fee for filing changes to pending hb```^!b`f`sL``p`Hadw5Sl;`}5A55itFN)as_,;#n learn more about the process here. and the number of branch offices indicated. However, minutes can serve as a useful summary of the meeting for future business-related reference. For use When a claimant seeks payment under this section, it simultaneously shall notify both the financial responsibility provider and the ocean transportation intermediary of the claim by mail or courier service. months lapse between the date of notification of approval of an application and Please do not provide confidential 12. To insure that those work experiences 40901-40904), files this bond with the Commission; Whereas, this bond is written to ensure compliance by the Principal with section 19 of the Shipping Act (46 U.S.C. 515.14 Issuance, renewal, and use of license. Each file shall include a copy of each document prepared, processed, or obtained by the licensee, including each invoice for any service arranged by the licensee and performed by others, with respect to such shipment. Commission staff will acknowledgereceipt andadvise if any further action is required. (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. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT 515.2(i) and (l) of the 155.1026 Qualified individual and alternate qualified individual. 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. NZICA Accredited body report (e) False or fraudulent claims, false information. switch to drafting.ecfr.gov. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. (c) Notices of court and other claims against OTIs by financial responsibility providers. <iframe title="Intentionally Blank" src="https://www.googletagmanager.com/ns.html?id=GTM-MBGXM55" height="0" width="0" aria-hidden="true" style="display:none . 515.21 Financial responsibility requirements. Other changes in material fact of a licensee shall be reported within thirty (30) days of such changes, in writing by mail or email (bcl@fmc.gov) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. 14. documentation supporting that name (e.g. This web site is designed for the current versions of 64 FR 11171, Mar. You should familiarize 46 U.S.C. (a) Compensation or fee sharing. 14. Check the box that applies. (b) Rejection. Each applicant shall be investigated in accordance with 515.13. If you work for a Federal agency, use this drafting unrelated to the qualifying individual or applicant, who can verify the duties 5 Helpful. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly An applicant may request a hearing on the proposed denial by submitting to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the date of the notice, a statement of reasons why the application should not be denied. these rules and regulations may result in denial, revocation or suspension of If applicant is currently licensed as an ocean freight If the Commission determines, as a result of its investigation, that the applicant: (a) Does not possess the necessary experience or character to render intermediary services; (b) Has failed to respond to any lawful inquiry of the Commission; or. The Guarantor's liability under this Guaranty in respect to any claimant shall not exceed the amount of the guaranty; and the aggregate amount of the Guarantor's liability under this Guaranty shall not exceed the amount per OTI set forth in 46 CFR 515.21, or the amount per group or association of OTIs set forth in 46 CFR 515.21 in aggregate. Principal's Agent for Service of Process (Required if Principal is not a U.S. (d) Federal military and civilian household goods. (13) Giving expert advice to exporters concerning letters of credit, other documents, licenses or inspections, or on problems germane to the cargoes' dispatch. The financial responsibility provider shall pay such judgment for damages only to the extent they arise from the transportation-related activities of the ocean transportation intermediary, ordinarily within thirty (30) days, without requiring further evidence related to the validity of the claim; it may, however, inquire into the extent to which the judgment for damages arises from the ocean transportation intermediary's transportation-related activities. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. If The FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. In the event an applicant fails to provide documents or information necessary to complete processing of its application, notice will be sent to the applicant identifying the necessary information and documents and establishing a date for submission by the applicant. Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. 8, 1999, as amended at 80 FR 68733, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. the Commission's regulations that explains the Licensing and Financial Displaying title 46, up to date as of 3/02/2023. The Insured or the Insurer may at any time terminate the Insurance by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. 2. 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. You can (b) Information obtained under this part is used to determine the qualifications of ocean transportation intermediaries and their compliance with shipping statutes and regulations. Obtain Three Good References for the Qualifying Individual. <> the fees required to be submitted with various types of applications: All payments may be made This evidence of financial responsibility shall be accompanied by: in the case of a financial rating, the Insurer's financial rating on the rating organization's letterhead or designated form; in the case of insurance provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's; and in the case of insurance provided by 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. An OTI who has reason to believe that its principal or shipper has not, with respect to a shipment to be handled by such OTI, complied with the laws of the United States, or has made any error or misrepresentation in, or omission from, any export declaration, bill of lading, affidavit, or other document which the principal or shipper executes in connection with such shipment, shall advise its principal or shipper promptly of the suspected noncompliance, error, misrepresentation or omission, and shall decline to participate in any transaction involving such document until the matter is properly and lawfully resolved. A foreign NVOCC seeking to be licensed under this part must demonstrate that its qualifying individual has a minimum 3 years' experience in ocean transportation intermediary activities, and the necessary character to render ocean transportation intermediary services. Commission's rules. 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. _/g6!k\gq}{71 AcN+--A*6UuPi]a?lB2rCAU+xd0Q; QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. complete Part F. 3. members of large organization or are affiliated with international Last Updated 6/24/2013 Page 3 Note: After edits are made to Qualifying Individuals use the Undo ( ) icon to undo changes made. (c) Use of license or registration by others; prohibition. The Qualifying Individual or QI program is a Medicare savings program (MSP). 515.42 Forwarder and carrier compensation; fees. Such QI(s) must meet the applicable requirements set forth in 515.11(a) through (c). 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 licensee may request a hearing on the proposed revocation or suspension by submitting to the Commission's Secretary, within twenty (20) days of the date of the notice, a statement of reasons why the license should not be revoked or suspended. . Updated June 20, 2022. (a) Licensees and registrants; names and numbers. hbbd```b`` )DjHe 2D2f%`q@o#XH?y,Hs?_ 6 (3) Publication of Notice. The undersigned ____, as Principal and ____, as Surety do hereby agree that the existing Bond No. If this is an initial application for a license, the change If A separate file shall be maintained for each shipment. In no event shall the Surety's obligation under this Rider exceed the amount set forth in section 1a regardless of the number of claims. 40902 and this part; or. (2) Prepared and processed the ocean bill of lading, dock receipt, or other similar document with respect to the shipment. If the response to any question is yes, please attach an explanation. (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. Any application which appears upon its face to be incomplete or to indicate that the applicant fails to meet the licensing requirements of the Act, or the Commission's regulations, may be rejected and a notice shall be sent to the applicant, together with an explanation of the reasons for rejection, and the filing fee shall be refunded in full. Guarantor shall not be liable for payments of any of the damages, reparations or penalties hereinbefore described which arise as the result of any transportation-related activities of Applicant after the cancellation of the Guaranty, as herein provided, but such cancellation shall not affect the liability of the Guarantor for the payment of any such damages, reparations or penalties prior to the date such cancellation becomes effective. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. A record of all sums received and/or disbursed by the licensee for services rendered and out-of-pocket expenses advanced in connection with each shipment, including specific dates and amounts. 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 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 under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. The Guarantor hereby designates as the Guarantor's legal agent for service of process domiciled in the United States ____, with offices located in the United States at ____, for the purposes of enforcing the Guaranty described herein. A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. 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. the hierarchy of the document. (2) The person for whose account the ocean transportation is provided; (3) The person to whom delivery is to be made; (5) A non-vessel-operating common carrier that accepts responsibility for payment of all charges applicable under the tariff or service contract. 9. mail. 6. user convenience only and is not intended to alter agency intent The OTI must timely replace the QI, as provided by the Commission's . (a) Licenses. A license may be revoked or suspended for any of the following reasons: (1) 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; (2) Failure to respond to any lawful order or inquiry by the Commission; (3) Making a materially false or misleading statement to the Commission in connection with an application for a license or an amendment to an existing license; (4) A Commission determination that the licensee is not qualified to render intermediary services; or. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 the surety bond. ( q) Reduced forwarding fees means charges to a principal for forwarding services that are below the licensed ocean freight forwarder's usual charges for such services. No OTI shall endorse or negotiate any draft, check, or warrant drawn to the order of its OTI principal or shipper without the express written authority of such OTI principal or shipper.
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