1/1.1 (ii) Only with respect to those commodities. %PDF-1.5 Otherwise, the denial of the application will become effective and the applicant shall be so notified. (b) Qualifying individual. 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 group bond. 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. 11. 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. 1998 and the Coast Guard Authorization Act of 1998, and 46 C.F.R. 40904(d)) and 46 CFR part 535. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. Replacement or additional qualifying individual. write "N/A". Check the How to Amend the Title/Business Address for an Existing Qualifying Individual 1. (2) Hearing procedure. gained in the ocean transportation intermediary business in U.S. foreign Featured links. Jeannie Knudson. 9. punctuation. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT (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. The primary responsibility of the Assistant Secretary of the Air Force, Financial Management and Comptroller (SAF/FM) is to exercise of the comptroller functions of the Department of the Air Force, including financial management functions. [80 FR 68735, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. 515.18 Application after revocation or denial. the hierarchy of the document. A license will be issued after the Commission has received acceptable These recordkeeping requirements are independent of the retention requirements of other federal agencies. A separate file shall be maintained for each shipment. parent or holding company, or an employee of any other firm in the United The term "qualifying individual" (QI) is added and defines QI as an individual who meets the Shipping Act's experience and character requirements. Included with BEICs letter is a multi-page questionnaire that requests specific information on matters such as: A list ofOTI regulatory obligationsalso is provided at the commencement of each compliance audit. (b) Operation after death of sole proprietor. the name of the owner. What is the definition of a qualified individual? licensed. 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. The applicant sole proprietor. 4. members of large organization or are affiliated with international (2) Non-vessel-operating common carrier (NVOCC) means a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier. If the Commission denies the application, such denial is final and not subject to the hearing procedures described in 515.15 and 515.17. The Commission will update this list on a periodic basis. There are four different types of Medicare Savings Programs, this page focuses on the Qualifying Individual (QI-1) Program. U.S. Department of Transportation Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 1-866-TELL-FAA (1-866-835-5322) U.S. Customs and Border Protection. 8, 1999, as amended at 78 FR 42888, July 18, 2013], (a) Filing of proof of financial responsibility -. 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. A license number should be provided only by those persons who are already Question 16 is an officer, director, partner, member, owner, stockholder, assistance to the applicant including anyone who is providing collateral for A joint licensee. 40901-40904), and the rules and regulations of the Federal Maritime Commission relating to evidence of financial responsibility for OTIs, this Insurance 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 Insured arising from the Insured'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. (h) Freight forwarding services refers to the dispatching of shipments on behalf of others, in order to facilitate shipment by a common carrier, which may include, but are not limited to, the following: (2) Preparing and/or processing export documents, including the required `electronic export information'; (3) Booking, arranging for or confirming cargo space; (4) Preparing or processing delivery orders or dock receipts; (5) Preparing and/or processing common carrier bills of lading or other shipping documents; (6) Preparing or processing consular documents or arranging for their certification; (9) Assisting with clearing shipments in accordance with United States Government export regulations; (10) Preparing and/or sending advance notifications of shipments or other documents to banks, shippers, or consignees, as required; (11) Handling freight or other monies advanced by shippers, or remitting or advancing freight or other monies or credit in connection with the dispatching of shipments; (12) Coordinating the movement of shipments from origin to vessel; and. For the purposes of this part, the term: (1) Ocean freight forwarder (OFF) means a person that -, (i) In the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and, (ii) Processes the documentation or performs related activities incident to those shipments; and. 40101-41309, and, if necessary, has a valid tariff published pursuant to 46 CFR part 515 and 520, and pursuant to section 19 of the Shipping Act (46 U.S.C. Sole proprietorships must show [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. (See 46 C.F.R. These rules and regulations are contained in section 19 by money order, certified check, cashier's check, or personal check made (g) Duplicative compensation. Qualifying Individuals in Partnerships Between Entities: The FMC proposes adjusting the language of Section 515.11(b) regarding qualified individual (QI) requirements to clarify that an officer of a general partner entity may qualify as the QI. of Certification and Licensing, 800 North Capitol Street N.W., Washington, D.C. If the response to any question is yes, please attach an explanation. 8. To be eligible for an ocean transportation intermediary license, the applicant must demonstrate to the Commission that: (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. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. substance. This group bond shall inure to the benefit of any and all persons who have obtained a judgment or made a settlement pursuant to a claim under 46 CFR 515.23 for damages against any or all of the OTIs identified in Appendix A not covered by said OTIs' insurance policy(ies), guaranty(ies) or surety bond(s) arising from said OTIs' transportation-related activities under the Shipping Act, or order for reparation issued pursuant to section 11 of the Shipping Act, and to the benefit of the Federal Maritime Commission for any penalty assessed against said OTIs pursuant to section 13 of the Shipping Act (46 U.S.C. you can't claim him or her as a dependent not a qualifying person. 41301-41302, 41305-41307(a)), or any penalty assessed against the Applicant pursuant to section 13 of the Shipping Act (46 U.S.C. An additional condition of this Bond is that $____ (payable in U.S. 2. Material changes include, but are not limited to: Changes in business address; any criminal indictment or conviction of a licensee, QI, or officer; any voluntary or involuntary bankruptcy filed by or naming a licensee, QI, or officer; changes of five (5) percent or more of the common equity ownership or voting securities of the OTI; or, the addition or reduction of one or more partners of a licensed partnership, one or more members or managers of a Limited Liability Company, or one or more branch offices. 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. 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. firm, please identify the person/firm and explain the relationship, e.g. 3. 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. (For license transfers, the information will be that of the if this is an application for a license transfer, this question must be 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 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. 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 (e.g. The Qualifying Individual or QI program is a Medicare savings program (MSP). (o) Principal refers to the shipper, consignee, seller, or purchaser of property, and to anyone acting on behalf of such shipper, consignee, seller, or purchaser of property, who employs the services of a licensed freight forwarder to facilitate the ocean transportation of such property. This content is from the eCFR and is authoritative but unofficial. attached to the Form FMC-18. 2 0 obj This document is available in the following developer friendly formats: Information and documentation can be found in our (d) Common carrier. shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). (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. 12. Non-U.S.-based NVOCCs, unless licensed, are required to submit proof of financial responsibility in the amount of $150,000; it is recommended that the registered NVOCC use a licensed OTI for any OTI services performed on its behalf in the United States. an ocean transportation intermediary license. payable to the Federal Maritime Commission. Please do not send cash. APPLICATION PROCESS FOR NON-U.S.-BASED NVOCCS THAT CHOOSES TO BE . means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. Ocean Transportation Intermediary (OTI) Group Supplemental Coverage Bond Form (Shipping Act of 1984 (46 U.S.C. 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. Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. being replaced. contained in the Form FMC-18 must be reported to the Commission within 30 days 8, 1999, as amended at 69 FR 17945, Apr. The collection of this information is authorized generally by Section 19 of the Shipping Act of 1984 (46 U.S.C. 515.16 Revocation or suspension of license. Each group or association of ocean transportation intermediaries shall be responsible for requiring each member ocean transportation intermediary to provide it with valid proof of financial responsibility annually; (5) Where the group or association of ocean transportation intermediaries determines to secure on behalf of its members other forms of financial responsibility, as specified by this section, for damages, reparations or penalties not covered by a member's individual financial responsibility coverage, such additional coverage must: (i) Allow claims to be made in the United States directly against the group or association's Surety, Insurer or Guarantor for damages against each covered member ocean transportation intermediary arising from each covered member ocean transportation intermediary's transportation-related activities under the Act, or order for reparations issued pursuant to section 11 of the Act (46 U.S.C. (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. This is an optional form. As a current business activities, e.g. Subpart D - Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission, Subpart E - Freight Forwarding Fees and Compensation. Persons operating without the One of the members or managers, or an individual in an equivalent position in the LLC as expressly set forth in the LLC operating agreement. A notice of each registration shall be published on the Commission's Web site www.fmc.gov. This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. proof of financial responsibility in the form and amount prescribed in 46 sheet, please label the supplemental response to match the item number on the 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. (c) Duration of license. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly ownership, etc. 2021. An official document supporting the legal name shall be 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.
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