(a) Who may seek payment. or open up a
a. *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. Within the same 30-day period, the licensee shall furnish to the Commission the name(s) and detailed intermediary experience of any other active partner(s), member(s), manager(s) or officer(s) who may qualify the licensee. 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. The Insurer 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 the Insurance. Mail or courier the
(j) Licensee is any person licensed by the Federal Maritime Commission as an ocean transportation intermediary. (See 46 C.F.R. In witness whereof we have hereunto set our hands and seals on this ____________day of ____, 20____. . The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The licensee may continue to operate as an ocean transportation intermediary while the Commission investigates the qualifications of the newly designated partner, member, manager, or officer. The OTI must timely replace the QI, as provided by the Commission's . (See 46 C.F.R. Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries.
fmc qualifying individual [64 FR 11171, Mar. Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. You may obtain
If more than six (6)
company, no affiliation-paying rent, sister company with common stock
If this is an initial application for a license, the change
What is the definition of a qualified individual? Create your signature and click Ok. Press Done. 40901-40904)) ____ [indicate whether NVOCC or Freight Forwarder], as Principal (hereinafter Principal), and ____, as Surety (hereinafter Surety) are held and firmly bound unto the United States of America in the sum of $____ for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. (g) Termination or suspension of registration -. Individuals listed as a Qualifying Individual on the Company (MU1) Form filing must have an individual NMLS account and will be required to complete Subscribe to: Changes in Title 46 :: Chapter IV :: Subchapter B :: Part 515. (See 46 C.F.R. (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.
The child and dependent care tax credit is more lucrative than ever 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. contact the publishing agency. (Please type name of signer under each signature). The fee for such supplementary investigation is
Write your awesome label here. Each day of a continuing violation shall constitute a separate violation. Signed and sealed this ____ day of ____, ____. If the transferor will
Payment under this Rider shall not reduce the bond amount in the first paragraph of this Bond or affect its availability. user convenience only and is not intended to alter agency intent Submit Form FMC-18 and the required license application fee. Now, therefore, the conditions of this obligation are that the penalty amount of this bond shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 against the OTIs enumerated in Appendix A of this bond for damages arising from any or all of the identified OTIs' transportation-related activities under the Shipping Act (46 U.S.C. 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. 19. 1240 0 obj
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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. Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573-0001. 1 CFR 1.1 (j) Prohibition. trade name or adding a trade name, you must attach the appropriate
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. or entity of any type whether in the United States or abroad that is affiliated
Incorporated branch offices must be
FMC-18, including any attachments, must be submitted in duplicate with all
Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. (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. A compliance audit starts with a letter of introduction that explains BEICs authority and purpose for conducting the audit. must be attached to the Form FMC-18 with the initial application. attached to the Form FMC-18. (c) Failure to provide necessary information and documents. 862. 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. Replacement or additional qualifying individual. qualifying individual(s). business in the United States in order to be approved. 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. 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. of this rider, equals $____. 18.
University of Central Florida Instructional Technology - Glassdoor Persons operating without the
41107-41109), that are not covered by the identified OTIs' individual insurance policy(ies), guaranty(ies) or surety bond(s). 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. Revision 21-2; Effective June 1, 2021. that apply. (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. (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. 1221 0 obj
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individual.
should be reported as soon as possible to preclude any processing delay that
The Surety consents to be sued directly in respect of any bona fide claim owed by Principal for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act of Principal in the event that such legal liability has not been discharged by the Principal or Surety after a claimant has obtained a final judgment (after appeal, if any) against the Principal 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 Principal 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; provided, however, that Surety's total obligation hereunder shall not exceed the amount set forth in 46 CFR 515.21, as applicable. Any unreported change may delay the processing and investigation of the application and result in rejection, closing, or denial of the application. fill out this section. (2) An individual who is applying for a license as a sole proprietor must complete the following certification: I, ____ (Name)____, certify under penalty of perjury under the laws of the United States, that I have not been convicted, after September 1, 1989, of any Federal or state offense involving the distribution or possession of a controlled substance, or that if I have been so convicted, I am not ineligible to receive Federal benefits, either by court order or operation of law, pursuant to 21 U.S.C. Identify any person
NZICA Accredited body report
Application For Replacing The Qualifying Individual - California electing the qualifying individual or the partnership agreement. Failure to comply with
20. Helpful Hints 1. of the applicant that perform OTI services. 46 U.S.C. 40902 and this part; or. BEIC then works with the OTI, its tariff publisher, and bonding company, as necessary, to assist the OTI in bringing its operations into compliance. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. State if all or part of the company is being
3. A current running account of all receipts and disbursements, accounts receivable and payable, and daily cash balances, supported by appropriate books of account, bank deposit slips, canceled checks, and monthly reconciliation of bank statements. Holding companys identify affiliations that are
PDF Guidelines on Individual Accountability and Conduct (2) Prepared and processed the ocean bill of lading, dock receipt, or other similar document with respect to the shipment. Identify the name
c. The total amount of coverage available under this Bond and all of its riders, available pursuant to the terms of section 1(a.)
PDF Form FMC-18 OTI LICENSE APPLICATION WORKSHEET - FMC Agent (e) Foreign-based licensed NVOCC. The hearing will be adjudicated under the procedures set forth in subpart X of part 502 of this chapter. The Commission may contact these
View the most recent official publication: These links go to the official, published CFR, which is updated annually. indicate old name or transferor. 41301-41302, 41305-41307(a)), or any penalty assessed against one or more OTI members pursuant to section 13 of the Shipping Act (46 U.S.C. Check the boxes that apply. Please list any organization
(D) By other means authorized by the Director of the Commission's Office of Budget and Finance. (a) The response plan must identify a qualified individual and at least one alternate who meet the requirements of this section. (3) Publication of Notice. The Guarantor's liability under this Guaranty shall attach only in respect of such activities giving rise to a cause of action against the Applicant, in respect of any of its transportation-related activities under the Shipping Act, occurring after the Guaranty has become effective, and before the expiration date of this Guaranty, which shall be the date thirty (30) days after the date of receipt of mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, that either Applicant or the Guarantor has elected to terminate this Guaranty. All punch cards are non-refundable. ZI])(. have any questions, please call BCL, Office of Transportation Intermediaries at
(b) Optional bond rider. (e) Changes in fact. If you are changing
Updated June 20, 2022. 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. Copies of this form will be maintained until the corresponding license has been revoked. 515.11 Basic requirements for licensing; eligibility. Qualified positions include: Staff RN Medical Technologist Medical Lab Technician Surgical First Assist Paramedic If you or someone you know wants to make a difference every day, complete an application or contact our Human Resources team at 740-687-8017. No licensed freight forwarder shall charge or collect compensation in the event the underlying common carrier, or its agent, has, at the request of such forwarder, performed any of the forwarding services set forth in 515.2(h), unless such carrier or agent is also a licensed freight forwarder, or unless no other licensed freight forwarder is willing and able to perform such services.
14 CFR 382.3 - What do the terms in this rule mean? Q-5000, Qualifying Individuals (QIs) - Texas Failure
No application fee is required when reporting this change. 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.
Medicare Savings Program - Qualifying Individual (QI-1) Program - Colorado The Commission shall conduct an investigation of the applicant's qualifications for a license. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. the surety bond. These rules and regulations are contained in section 19
Federal Maritime Commission (FMC) - Abady Law Firm, P.C. (1) Grounds. Question 16 is an officer, director, partner, member, owner, stockholder,
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 FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. Unless prior written approval from the Commission has been obtained, no OTI shall, directly or indirectly: (1) Agree to perform ocean transportation intermediary services on shipments as an associate, correspondent, officer, employee, agent, or sub-agent of any person whose license has been revoked or suspended pursuant to 515.16, or registration terminated or suspended pursuant to 515.19(g); (2) Assist in the furtherance of any ocean transportation intermediary business of an OTI whose license has been revoked; (3) Share forwarding fees or freight compensation with any such person; or.
The Federal Maritime Commission FMC-18 Use a different letter for each qualifying individual (i.e., A5,
The undersigned ____, as Principal and ____, as Surety do hereby agree that the existing Bond No. 4 0 obj
the qualifying individual only as it relates to those jobs where experience was
(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. (a) Notice of shipper affiliation. 515.14 Issuance, renewal, and use of license. and continue entering the information. freight forwarding. Check the
40101-41309), or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. Thereafter, licenses will be renewed for sequential three-year periods upon successful completion of the renewal process in paragraph (d) of this section. Registration of foreign-based unlicensed NVOCC. Persons operating without the proper license or registration may be subject to civil penalties not to exceed $9,000 for each such violation, unless the violation is willfully and knowingly committed, in which case the amount of the civil penalty may not exceed $45,000 for each violation; for other violations of the provisions of this part, the civil penalties range from $9,000 to $45,000 for each violation (46 U.S.C. 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. 2 The term "qualifying child" is covered in Tab C, Dependents. 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)). export shipper, steamship agent, air freight
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40101-41309.
Compliance Programs - Federal Maritime Commission Foreign-based Unlicensed NVOCC Registration/Renewal Form FMC-65 and financial responsibility Forms FMC-48, FMC-67, FMC-68, FMC-69 may be obtained from the Commission's website at www.fmc.gov, from the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, or from any of the Commission's Area Representatives. (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. Step 3: Appoint a qualifying individual (QI) with at least 3 years of verifiable OTI experience. 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. The Faculty Multimedia Center (FMC) is a do-it-yourself . applicant and complete the section C titled Name Change/License Transfer to
(Name of Agent) ____ domiciled in the United States, with offices located in the United States, at ____ is hereby designated as the Insurer's agent for service of process for the purposes of enforcing the Insurance certified to herein. The Commission will update this list on a periodic basis. 2022 Distribution-Publications, Inc. All rights reserved. Appendix A to Part 515 - Ocean Transportation Intermediary (OTI) Bond Form [Form 48], Appendix B to Part 515 - Ocean Transportation Intermediary (OTI) Insurance Form [Form 67], Appendix C to Part 515 - Ocean Transportation Intermediary (OTI) Guaranty Form [Form 68], Appendix D to Part 515 - Ocean Transportation Intermediary (OTI) Group Bond Form [FMC-69], Appendix E to Part 515 - Optional Rider for Additional NVOCC Financial Responsibility (Optional Rider to Form FMC-48) [FORM 48A], Appendix F to Part 515 - Optional Rider for Additional NVOCC Financial Responsibility for Group Bonds [Optional Rider to Form FMC-69]. 515.21 of the Commission's ocean transportation intermediary
15. learn more about the process here. This Bond remains in full force and effect according to its terms except as modified above.
The complete
6, 2004; 80 FR 68735, Nov. 5, 2015; 85 FR 9683, Feb. 20, 2020]. 6. Navigate by entering citations or phrases . (k) Non-vessel-operating common carrier services refers to the provision of transportation by water of cargo between the United States and a foreign country for compensation without operating the vessels by which the transportation is provided, and may include, but are not limited to, the following: (1) Purchasing transportation services from a common carrier and offering such services for resale to other persons; (2) Payment of port-to-port or multimodal transportation charges; (3) Entering into affreightment agreements with underlying shippers; (4) Issuing bills of lading or other shipping documents; (5) Assisting with clearing shipments in accordance with U.S. government regulations; (6) Arranging for inland transportation and paying for inland freight charges on through transportation movements; (7) Paying lawful compensation to ocean freight forwarders; (8) Coordinating the movement of shipments between origin or destination and vessel; (10) Entering into arrangements with origin or destination agents; (11) Collecting freight monies from shippers and paying common carriers as a shipper on NVOCC's own behalf. Choose My Signature. LLC meeting minutes keep a written record of all consequential discussions, votes, and actions that occurred throughout a limited liability company (LLC) meeting. Examples of work experience that are not considered
In any instance where an application has been processed in whole or in part, the fee will not be refunded. and months of ocean transportation intermediary experience that the qualifying
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'e2(q4P~D These recordkeeping requirements are independent of the retention requirements of other federal agencies. [64 FR 11171, Mar. Obtain Three Good References for the Qualifying Individual. proper license may be subject to civil penalties not to exceed $6,000 for each
40902 and this part; or, (B) an OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C.