How to Amend the Title/Business Address for an Existing Qualifying Individual 1. In the event of a claim against a group bond, the bond must be replenished up to the original amount of coverage within 30 days of payment of the claim; and, (iii) be in excess of a member's individual financial responsibility coverage already in place; and. [80 FR 68735, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. Applicant and Guarantor agree to handle the processing and adjudication of claims by claimants under the Guaranty established herein in the United States, unless by mutual consent of all parties and claimants another country is agreed upon. A compliance audit starts with a letter of introduction that explains BEICs authority and purpose for conducting the audit. The following condition is added to this Bond: a. 41107-41109). License Application Form FMC-18 is found at the Commission's website www.fmc.gov for completion on-line by applicants and licensees. This web site is designed for the current versions of This content is from the eCFR and is authoritative but unofficial. The Bureau of Enforcement, Investigation, and Compliance (BEIC) actively fosters industry compliance with theShipping Act and other statutes and regulations within the Commissions authority. documentation that will verify that fact, e.g. - Sign the CSR request from Internal CA. Attach all supporting parent or holding company, or an employee of any other firm in the United Signature of Official signing on behalf of Insurer. Qualifying Individual (QI) Replacement U.S. Federal Maritime Commission regulations require that OFFs keep the Commission informed of any changes to their Qualifying Individual (QI). 40101-41309) (Shipping Act). Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly application to make certain that all applicable parts have been completed and For corporations, an Amended Articles of (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. (2) An ocean transportation intermediary must report branch offices to the Commission in Form FMC-18 or under the procedures in 515.20(e). the name of your existing company, the new name of the company should appear No licensed freight forwarder shall render, or offer to render, any freight forwarding service free of charge or at a reduced fee in consideration of receiving compensation from a common carrier or for any other reason. 305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-41307; Pub. 20573-0001. 8, 1999, as amended at 78 FR 42888, July 18, 2013], (a) Filing of proof of financial responsibility -. to include the proper fee with your application will cause it to be returned 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. Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. (c) Operation after retirement, resignation, or death of QI. electing the qualifying individual or the partnership agreement. proper license may be subject to civil penalties not to exceed $6,000 for each (d) Registrations shall be effective for a period of three (3) years. Such forms and documents must clearly identify the principal's name; trade name, if any; address; the state of incorporation/formation; and the printed name and title of the signatory. 41107-41109). This Bond remains in full force and effect according to its terms except as modified above. (d) Federal military and civilian household goods. 515.19 Registration of foreign-based unlicensed NVOCC. MSPs are federal programs that are administered by Medicaid in each state. 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. 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. The applicant must obtain For corporations, the Articles (2) Whenever a person acts in the capacity of an NVOCC as to any shipment, such person shall not collect compensation, nor shall any underlying ocean common carrier pay compensation to such person, for such shipment. Let us help you navigate the regulatory seas! Maria A. Garcia, Secretary. will bring you directly to the content. A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). It is highly For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. The section also explains the General Duties for (c) Use of license or registration by others; prohibition. If 5 Helpful. 4 0 obj Qualifying Individual (QI) This article has moved to our new Knowledge Center home. (2) Notices described in paragraph (c)(1) of this section shall be promptly submitted in writing by mail or email (bcl@fmc.gov) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. (c) Reduced forwarding fees. 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. documentation supporting that name (e.g. Thereafter, licenses will be renewed for sequential three-year periods upon successful completion of the renewal process in paragraph (d) of this section. receipt of the proof of financial responsibility, the Commission will, at its (eg: Any unreported change may delay the processing and investigation of the application and result in rejection, closing, or denial of the application. 9. When a licensed freight forwarder is employed to perform forwarding services by the agent of the person responsible for paying for such services, the licensed freight forwarder shall also transmit a copy of its invoice for services rendered to the person paying those charges. Choosing an item from 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. 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. FAR). They will have to be provisionally registered with PMC before the start of . If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. Subpart D - Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission, Subpart E - Freight Forwarding Fees and Compensation. qualifying individual, other officer, director, partner, member, stockholder, will also bring you to search results. 862. For LLPs and LLCs, an Amended Partner Membership individual. telephone at(202) 523-5843 (Office of Transportation Intermediaries) or by fax 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 . 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. 40101-41309. 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. This bond is effective the ____ day of ____, ____ and shall continue in effect until discharged or terminated as herein provided. Learn about the role of the QI in FMC licensing applications. The Form FMC-18 is not Except as otherwise provided in this part, no person may advertise, hold oneself out, or act as an ocean transportation intermediary unless that person furnishes a bond, proof of insurance, or other surety in a form and amount determined by the Commission to insure financial responsibility. include the title of the individual signing the application and the date of 20. learn more about the process here. Failure to reflect OTIs name and license number on OTIs shipping documents; Inadequate or retroactive NVOCC Rate Arrangement (NRA); and, Failure to maintain Qualifying Individual (QI) as current officer of company. ALL V6Z 2G3 If your application and fees are accepted, you will be issued an FMC and client number. (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. user convenience only and is not intended to alter agency intent If the violation is willfully and knowingly committed, in which case [64 FR 11171, Mar. 1331 Pennsylvania Avenue, NW. From the Qualifying Indiviuals screen . (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. QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. Check all the boxes that "Qualifying Individual-1" means a Qualified Individual who meets the Qualifying Individual-1 income and resource standards. If additional space is 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. 155.1026 Qualified individual and alternate qualified individual. States or abroad. Replacement or additional qualifying individual. ____, issued by the Federal Maritime Commission and has performed the following services: (1) Engaged, booked, secured, reserved, or contracted directly with the carrier or its agent for space aboard a vessel or confirmed the availability of that space; and. . OTI experience obtained outside the US .) (a) Forms. 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. This bond is effective the ____, day of ____,____ and shall continue in effect until discharged or terminated as herein provided. (1) Licenses. Sole proprietors should also complete the Certification at the top applicable Parts completed. A group or association of ocean transportation intermediaries may also file an optional bond rider as provided in 515.25(b). (a) Who may seek payment. If you answered in the affirmative, 1996, chap 292), and in accordance with (b) Optional bond rider. Proof of the position of the qualifying individual within the company, such as corporate minutes appointing that individual as an officer of the company or other official documentation demonstrating the qualifying individual's position. (1) It possesses the necessary experience, that is, its qualifying individual has a minimum of three (3) years' experience in ocean transportation intermediary activities in the United States, and the necessary character to render ocean transportation intermediary services. contained in the Form FMC-18 must be reported to the Commission within 30 days This bond shall inure to the benefit of any and all persons who have obtained a judgment or a settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Principal arising from its transportation-related activities or order of reparation issued pursuant to section 11 of the Shipping Act (46 U.S.C. Commission staff will acknowledgereceipt andadvise if any further action is required. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. (c) Common carriers. 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. application for a name change or license transfer, please enter the name of the Ocean Transportation Intermediary (OTI) Bond (Section 19, Shipping Act of 1984 (46 U.S.C. The hearing will be adjudicated under the procedures set forth in subpart X of part 502 of this chapter. preclude licensing. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT Such investigations may address: (a) The accuracy of the information submitted in the application; (b) The integrity and financial responsibility of the applicant; (c) The character of the applicant and its qualifying individual; and. (2) Utilizes, for all or part of that transportation, a vessel operating 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, chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities: (i) If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities, and. Such hearing shall be provided pursuant to the procedures contained in 515.17. During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. Click the Save button (see Figure 5). responsibility within two years of the date of approval, the Commission will (a) Disclosure of principal. forwarder or an NVOCC, please include your license and bond numbers. % Certification and Licensing (BCL) or can be found on the Commissions website completed. payable to the Federal Maritime Commission. Please do not send cash. Clearly mark supplemental pages 1A, 2B, switch to drafting.ecfr.gov. Form FMC-18must be filed for any changes to a licensee: Other changes to information reported on the original Form FMC-18 may be reported by an officer of the company via email to oti@fmc.gov. the response to any question is yes, please attach an explanation. 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. 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 (b) Operation after death of sole proprietor. Amend Title and/or Business Address. OTI cooperation during the audit is key to achieve prompt completion of the audit and any corrective actions. The total amount of aggregate coverage equals or exceeds $125,000. 5. The completed questionnaire and any supporting documents must be returned within 30 days. (d) The Commission will publish at its Web site, www.fmc.gov, a list of the locations of all carrier and conference tariffs, and a list of ocean transportation intermediaries (including a separate list for NVOCCs) who have met all of their applicable licensing, registration, tariff and financial responsibility requirements, current as of the last date on which the list is updated. 40101 - 41309 Foreign Shipping Practices Act of 1988 - 46 U.S.C. (d) Designations of legal agent under paragraphs (a) and (b) of this section and provisions relating to service of process under paragraph (c) of this section shall be published in the ocean transportation intermediary's tariff, when required, in accordance with part 520 of this chapter. 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. (e) A tariff shall not be published and NVOCC service shall not commence until the Commission receives valid proof of financial responsibility from the registrant and a Form FMC-1 has been submitted. Please do not provide confidential Last Updated 6/24/2013 Page 3 Note: After edits are made to Qualifying Individuals use the Undo ( ) icon to undo changes made. here. [64 FR 11171, Mar. explanation of the business practices of both companies. 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. completed application Form (FMC-18) to the Federal Maritime Commission, Bureau A foreign-based NVOCC that elects to obtain a license must establish a presence in the United States by opening an unincorporated office that is resident in the United States and is qualified to do business where it is located. (3) Corporation. All graduates of FMC (qualified in Annual and Supplementary Final Prof MBBS Exam) desirous of doing a house job would be provided a paid house job in PAF hospitals. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. firm, please identify the person/firm and explain the relationship, e.g. 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. here. 41107-41109). 41107-41109); provided, however, that the Surety's obligation for a group or association of OTIs shall extend only to such damages, reparations or penalties described herein as are not covered by another surety bond, insurance policy or guaranty held by the OTI(s) against which a claim or final judgment has been brought and that Surety's total obligation hereunder shall not exceed the amount per OTI provided for in 46 CFR 515.21 or the amount per group or association of OTIs provided for in 46 CFR 515.21 in aggregate.
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