6, 2004; 80 FR 68735, Nov. 5, 2015; 85 FR 9683, Feb. 20, 2020]. of Certification and Licensing, 800 North Capitol Street N.W., Washington, D.C. 41107-41109). Whereas, (Principal) ____ operates as a group or association of OTIs in the waterborne foreign commerce of the United States and pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. If you have questions or are unsure, please give us a call at 630-537-1188. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. 9. Submit electronically Form FMC-18: Application for a License as an Ocean Transportation Intermediary. 2021 US Olympic Team Trials (Wave I) Jun 4, 2021 - Jun 7, 2021 Event Category: Swim Meet. 41301-41302, 41305-41307(a)), and to the benefit of the Federal Maritime Commission for any penalty assessed against the Insured pursuant to section 13 of the Shipping Act (46 U.S.C. If you have any questions regarding the OTI list, please contact Commission staff at (202) 523-5787 LII Electronic Code of Federal Regulations (e-CFR) Title 46 - Shipping CHAPTER IV - FEDERAL MARITIME COMMISSION SUBCHAPTER B - REGULATIONS AFFECTING OCEAN SHIPPING IN FOREIGN COMMERCE PART 515 - LICENSING, REGISTRATION, FINANCIAL RESPONSIBILITY REQUIREMENTS AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES 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 . The identity of the shipper must always be disclosed in the shipper identification box on the bill of lading. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. Form FMC-18 (Rev. 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. - Complete the ISE configuration and test. hb```^!b`f`sL``p`Hadw5Sl;`}5A55itFN)as_,;#n (l) Ocean common carrier means a common carrier that operates, for all or part of its common carrier service, a vessel on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker. these rules and regulations may result in denial, revocation or suspension of This document is available in the following developer friendly formats: Information and documentation can be found in our V6Z 2G3 If your application and fees are accepted, you will be issued an FMC and client number. are deleting a trade name, clearly specify the name being deleted. (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. is complete and our investigation does not reveal any circumstances that would Choosing an item from Jun. It is important that a current email address is maintained on file with the Commission. Whereas, the Insured is or may become an OTI subject to the Shipping Act and the rules and regulations of the Federal Maritime Commission, or is or may become a group or association of OTIs, and desires to establish financial responsibility in accordance with section 19 of the Shipping Act (46 U.S.C. place of business (must be the physical address of applicant). (1) The licensee shall submit the renewal electronically to the Director of the Bureau of Certification and Licensing (BCL) no later than the renewal date as published on the Commission website. (e) Optional bond riders. you can't claim him or her as a dependent not a qualifying person. execution. (2) Registrations. 8, 1999, unless otherwise noted. The estimated average time is: Recordkeeping, 20 minutes; Learning about the form, 20 minutes; Preparing and sending the form to the FMC, 20 minutes. 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. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: secretary@fmc.gov. Electronic certification must contain confirmations by the forwarder and the carrier identifying the shipments upon which forwarding compensation may be paid. 1/1.1 40101-41309. MSPs are federal programs that are administered by Medicaid in each state. Exception: A licensed freight forwarder may perform freight forwarding services for recognized relief agencies or charitable organizations, which are designated as such in the tariff of the common carrier, free of charge or at reduced fees. 8.Second Qualifying Individual (Optional) The company has the option to qualify a second individual. 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. Please do not provide confidential an ocean transportation intermediary license. [64 FR 11171, Mar. 515.2(b). Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573-0001. 8, 1999, as amended at 74 FR 50719, Oct. 1, 2009; 80 FR 68730, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. Incomplete applications will usually be returned within a Under FRP, what is the definition of a qualified individual? The notice of intent to deny the application will provide, in detail, a statement of the facts supporting denial. Subscribe to: Changes in Title 46 :: Chapter IV :: Subchapter B :: Part 515. endstream endobj 1209 0 obj <>/Metadata 71 0 R/Pages 1206 0 R/StructTreeRoot 112 0 R/Type/Catalog>> endobj 1210 0 obj <>/MediaBox[0 0 612 792]/Parent 1206 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 1211 0 obj <>stream 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. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. 2. (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. (3) Any registered NVOCC, as defined in 515.2(r), shall furnish evidence of financial responsibility in the amount of $150,000. Individuals listed as a Qualifying Individual on the Company (MU1) Form filing must have an individual NMLS account and will be required to complete 4. All application forms are to be filed electronically. (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. approved. Claims against an ocean transportation intermediary. You should familiarize that apply. 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. The Principal or the Surety may at any time terminate this Rider by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, accompanied by proof of transmission of notice to MOC. yourself with the rules and regulations pertaining to ocean transportation When a partnership, LLC, or corporation has been licensed on the basis of the qualifications of one or more of the partners, members, managers or officers thereof, and the QI no longer serves as a full-time employee with the OTI or is no longer responsible for the licensee's OTI activities, the licensee shall report such change to the Commission within thirty (30) days. Within 30 days of the change, Licensed or Registered NVOCCs and ocean freight forwarders must report changes to any information that was provided on their most recent application. separately licensed. (c) Common trade name. (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. You may 41107-41109). The OTI must timely replace the QI, as provided by the Commission's . This bond is effective the ____ day of ____, ____ and shall continue in effect until discharged or terminated as herein provided. c. 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. supplemental pages. All application forms (FMC-18) are now filed electronically. Identify all US branch offices (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. (202) 523-5843 before filing your application. 8, 1999, as amended at 80 FR 68733, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. 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. A California Bond of Qualifying Individual will serve as a legal promise regarding the compliance of the applicant to the relevant provisions of the California Business and Professions Code and the rules and regulations set forth by the California Contractors State License Board of the Department of Consumer Affairs. 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 Copies of this form will be maintained until the corresponding license has been revoked. individual, or $500.00 for a company, made payable to the "Minister of Finance ", to: Mineral Titles Branch 300-865 Hornby Street Vancouver, B.C. and months of ocean transportation intermediary experience that the qualifying applications. (viii) Failure to designate and maintain a person in the United States as legal agent for the receipt of judicial and administrative process, including subpoenas, as required by 515.24. ; (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. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. 41107-41109). 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). Describe applicant's (d) Invoices; documents available upon request. 8, 1999, as amended at 67 FR 39860, June 11, 2002; 74 FR 50719, Oct. 1, 2009; 84 FR 62468, Nov. 15, 2019]. (2) In addition to information provided by the applicant and its references, the Commission may consider all information relevant to determining whether an applicant has the necessary character to render ocean transportation intermediary services, including but not limited to, information regarding: Violations of any shipping laws, or statutes relating to the import, export, or transport of merchandise in international trade; operating as an OTI without a license or registration; state and federal felonies and misdemeanors; voluntary and non-voluntary bankruptcies not discharged; outstanding tax liens and other court and administrative judgments and proceedings; compliance with immigration status requirements described in 49 CFR 1572.105; denial, revocation, or suspension of a Transportation Worker Identification Credential under 49 CFR 1572; and the denial, revocation, or suspension of a customs broker's license under 19 CFR subpart B, section 111. DPI Copyright & Disclaimer Home / Knowledge Center / Qualifying Individual (QI) (b) Information obtained under this part is used to determine the qualifications of ocean transportation intermediaries and their compliance with shipping statutes and regulations. FEDERAL MARITIME COMMISSION . The Bureau of Enforcement, Investigation, and Compliance (BEIC) actively fosters industry compliance with theShipping Act and other statutes and regulations within the Commissions authority. 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. 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. Ocean Transportation Intermediary (OTI) Group Supplemental Coverage Bond Form (Shipping Act of 1984 (46 U.S.C. 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 20. officer, director, or stockholder and the percentage of ownership. We are also republishing a certification process pertaining to. (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. qualification of the applicant. 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. View the most recent official publication: These links go to the official, published CFR, which is updated annually. 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. Check all the boxes that Enhanced content is provided to the user to provide additional context. 40101-41309)) (Shipping Act). payable to the Federal Maritime Commission. Please do not send cash. (g) Response to requests of Commission. No licensed freight forwarder shall share, directly or indirectly, any compensation or freight forwarding fee with a shipper, consignee, seller, or purchaser, or an agent, affiliate, or employee thereof; nor with any person advancing the purchase price of the property or guaranteeing payment therefor; nor with any person having a beneficial interest in the shipment. (2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff. After age 65 you can use your health savings account for any expense, you'll simply pay ordinary income taxesjust like a 401 (k). Medicare provides four savings programs with different income and resource limits. Persons who have had their applications rejected may submit a new Form FMC-18 at any time, together with the required filing fee. This contact form is only for website help or website suggestions. In addition to applying for an FMC, you will also need a business BCeID account. The Commission shall conduct an investigation of the applicant's qualifications for a license. The time needed to complete and file this form will vary depending on individual circumstances. acceptable include experience gained overseas (import) as an ocean freight 515.16 Revocation or suspension of license. (d) Arrangements with ocean transportation intermediaries whose licenses have been revoked. of the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of 5 U.S.C. (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). If you have questions for the Agency that issued the current document please contact the agency directly. If rejected, a notice, together with the reasons therefore, shall be sent to the foreign-based unlicensed NVOCC. copies of the Form FMC-18 and the related Surety Bond Form FMC-48, at the full text search results US 515.14 Issuance, renewal, and use of license. A rider to the bond should list the qualifying branch address in the United States. You can A common carrier or agent thereof which meets the requirements of this part may be licensed as an ocean freight forwarder to dispatch shipments moving on other than such carrier's own bills of lading subject to the provisions of 515.42(g). In the event a licensee acquires one or more additional licensees, for the purpose of merger, consolidation, or control, the acquiring licensee shall advise the Commission of such acquisition, including any change in ownership, within 30 days after such change occurs by submitting an amended Form FMC-18. 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. hbbd```b`` )DjHe 2D2f%`q@o#XH?y,Hs?_ 6 The initial renewal of an OTI license can take place no sooner than one-year and no later than four-years from issuance. Length of qualifying ocean transportation . 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. Company Name, including additions or removals of trade names, Business structure change (such as a conversion from a corporation to an LLC), Addition of NVOCC or Ocean Freight Forwarding authority. The section also explains the General Duties for must match exactly the legal name of the applicant including abbreviations and If applicant intends learn more about the process here. Follow the step-by-step instructions below to design your 13a cslb form: Select the document you want to sign and click Upload. 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) Notices of court and other claims against OTIs by financial responsibility providers. The qualifying individual must have a minimum of three years experience in the ocean transportation intermediary business in the United States in order to be approved. If the applicant This is an automated process for Should applicant fail to file the requisite proof of financial (d) In-plant arrangements. The qualified individual or alternate qualified individual must be available on a 24-hour basis. The applicant sole proprietor. user convenience only and is not intended to alter agency intent 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. will bring you to those results. Comments or questions about document content can not be answered by OFR staff. 42301 - 42307 The applicant must obtain 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. 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 bond. Holding companys identify affiliations that are proposing more than one qualifying individual complete Part D for each (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. (f) Compensation; services performed by underlying carrier; exemptions. To insure that those work experiences (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). (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. proper license may be subject to civil penalties not to exceed $6,000 for each guide. You may obtain 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. (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. We recommend you directly contact the agency responsible for the content in question. 3, Part B. Create your signature and click Ok. Press Done. The Commission may also seek payment of civil penalties assessed under section 13 of the Shipping Act (46 U.S.C. completed. Amend Title and/or Business Address. (2) If, within 120 days of notification of conditional approval for licensing by the Commission, proof of financial responsibility and, in the case of an NVOCC, the Form FMC-1 is not received, the conditional approval of the application will be invalid. 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. in the group's annual report. performed by the qualifying individual. 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). and continue entering the information. (c) Failure to provide necessary information and documents. (2) Partnership. It should be noted that fees will not be returned in any (a) Licensees and registrants; names and numbers. must be attached to the Form FMC-18 with the initial application. If you have questions or comments regarding a published document please The common carrier shall be entitled to rely on such certification unless it knows that the certification is incorrect. Carrier (NVOCC) licenses. Clarification on eligibility to be a Qualified Individual when partnerships are involved. (b) Group financial responsibility. The official, published CFR, is updated annually and available below under fill out this section. 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. proof of financial responsibility in the form and amount prescribed in 46 [80 FR 68736, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. Basic requirements for licensing; eligibility. An independently qualified applicant may be granted a separate license to carry on the business of providing ocean transportation intermediary services even though it is associated with, under common control with, or otherwise related to another ocean transportation intermediary through stock ownership or common directors or officers, if such applicant submits: A separate application and fee, and a valid instrument of financial responsibility in the form and amount prescribed under 515.21.
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