The Surety shall not be liable for fines or penalties imposed on 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 fine or penalty imposed prior to the date when said termination becomes effective. Legal Services - Foreign OTI Authorized to Service U.S. Trade Officers: Luis A. Marquez, President, (Qualifying Individual). The Principal or the Surety may at any time terminate this bond by mail or email ([email protected]) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. ALL (b) For purposes of this part, a person is considered to be in the United States if such person is resident in, or incorporated or established under, the laws of the United States. Why your NVOCC should be FMC-licensed - iContainers license, state the name of the existing company whose license is being Charges for such forwarding services shall be assessed in conformance with the carrier's published tariffs. an ocean transportation intermediary license. 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. 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. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. The completed questionnaire and any supporting documents must be returned within 30 days. (f) Errors and omissions of the principal or shipper. 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. 4. If additional space is 46 CFR 515.11 - Basic requirements for licensing; eligibility. (2) Hearing procedure. Sec. 260C.704 MN Statutes - Minnesota If this is an For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. You are using an unsupported browser. % As a of the applicant that perform OTI services. 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. Such notices may include or attach other information relevant to the claim. 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. payable to the Federal Maritime Commission. Please do not send cash. Location: FMC Natatorium Address: 275 Plaza Dr, Westmont, IL 60559 . applications. The QI program is a Medicare savings program. US (g) Duplicative compensation. endobj 41107-41109); and, (ii) Be for an amount up to the amount determined in accordance with 515.21(b), taking into account a member's individual financial responsibility coverage already in place. At least one of the active managing partners, unless the partners are entities, such as corporations, in which case an officer, member, or manager of one of the entities as long as the entity is a general partner. 15. 41107-41109). A second qualifying individual may qualify on behalf of the company with 5 or more years of experience or with 2 to 4 years of experience by taking an exam administered by the Division . 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. Upon receipt of notice of termination of such financial responsibility, the Commission shall notify the concerned licensee, registrant, or registrant's legal agent in the United States, by email, mail, courier, or other method reasonably calculated to provide actual notice, at its last known email address or address, that the Commission shall, without hearing or other proceeding, revoke the license or terminate the registration as of the termination date of the financial responsibility instrument, unless the licensee or registrant shall have submitted valid replacement proof of financial responsibility before such termination date. If you have any questions regarding the OTI list, please contact Commission staff at (202) 523-5787 Licensed, Non-U.S.-based NVOCCsare required to submit proof of financial responsibility in the amount of $75,000. (j) Prohibition. 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. 8, 1999, as amended at 67 FR 39860, June 11, 2002; 74 FR 50719, Oct. 1, 2009; 84 FR 62468, Nov. 15, 2019]. preclude licensing. Show the employment history of No licensed freight forwarder shall withhold any information concerning a forwarding transaction from its principal, and each licensed freight forwarder shall comply with the laws of the United States and shall exercise due diligence to assure that all information provided to its principal or provided in any export declaration, bill of lading, affidavit, or other document which the licensed freight forwarder executes in connection with a shipment is accurate. Check all the boxes (c) Duration of license. Medicare Savings Program - Qualifying Individual (QI-1) Program - Colorado going to conduct OTI business through branch offices in the If a question within a Part is not applicable, (b) Group financial responsibility. 10. Qualifying Individual (QI) What does it take to be a Qualifying Individual (QI)? [78 FR 42887, July 18, 2013, as amended at 80 FR 68734, Nov. 5, 2015; 84 FR 62468, Nov. 15, 2019; 85 FR 9683, Feb. 20, 2020]. Choosing an item from 515.11 Basic requirements for licensing; eligibility. Apply Today To learn more about working at FMC, visit our Careers page. PDF Individual Free Miner Certificate Application Form - Gov (e) Changes in fact. here. Note: If you are a noncustodial parent, the term "qualifying child" for head of household For an LLC, the names of the managers, members or officers, as applicable, may be published. BEIC promotes voluntary compliance through outreach and education to the shipping public and regulated industry, and works closely with theCommissions Area Representativesand theBureau of Certification and Licensingto help OTIs understand their responsibilities and how to comply with the Shipping Act and the Commissions regulations. FMC License & Registration for NVOCCs - Distribution-Publications, Inc. They will have to be provisionally registered with PMC before the start of . Jeannie Knudson. 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 In this case, BEIC will follow-up with the OTI in an attempt to resolve any non-compliant aspects of the OTIs operations. Indicate all entities of any type whether in the United Provide an OTI cooperation during the audit is key to achieve prompt completion of the audit and any corrective actions. 401 (k) vs. HSA. B. of more than one trade name, documentation is needed stating which name will be The experts in U.S. Federal Maritime regulations since 1975. Individuals listed as a Qualifying Individual on the Company (MU1) Form filing must have an individual NMLS account and will be required to complete (g) Termination or suspension of registration -. (See 46 C.F.R. 4. 7. NVOCC not in the US, it needs to establish a qualifying office in the US. ____, 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. (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. The following condition is added to this Bond: a. . 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). 2. U.S.-based companies or sole proprietors operating as Ocean Freight Forwarders (OFF) or Non-Vessel-Operating Common Carriers (NVOCCs) are required to obtain a license from the FMC. legal name of the applicant must be shown in this section. Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. It is important that a current email address is maintained on file with the Commission. (1) Any person who wishes to obtain a license to operate as an ocean transportation intermediary shall submit electronically a completed application Form FMC-18 (Application for a License as an Ocean Transportation Intermediary) in accordance with the automated FMC-18 filing system and corresponding instructions. 40101 - 41309 Foreign Shipping Practices Act of 1988 - 46 U.S.C. %PDF-1.5 Identify three persons, unrelated to the qualifying individual or applicant, who can verify the duties These rules and regulations are contained in section 19 Carrier (NVOCC) licenses. The Form FMC-18 is not [80 FR 68732, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. PDF Who Is a Qualifying Person Qualifying You To File as Head of Household? 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 An affiliation is deemed to exist if any person listed in 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. This content is from the eCFR and may include recent changes applied to the CFR. Qualifying Individual (QI) This article has moved to our new Knowledge Center home. In any other instance where it is necessary to attach a supplemental (e) Electronic data interchange. If the applicant is an Background and more details are available in the 515.17 Hearing procedures governing denial, revocation, or suspension of OTI license. proof of financial responsibility in the form and amount prescribed in 46 2022 Distribution-Publications, Inc. All rights reserved. violation. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. No license will be issued until the Commission is in receipt of valid proof of financial responsibility. hbbd```b`` )DjHe 2D2f%`q@o#XH?y,Hs?_ 6 (d) Invoices; documents available upon request. of the change. The estimated average time is: Recordkeeping, 20 minutes; Learning about the form, 20 minutes; Preparing and sending the form to the FMC, 20 minutes. 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 ([email protected]) 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. 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. electing the qualifying individual or the partnership agreement. 0 What Is the QI Medicare Savings Program? - Healthline to receive notification that your application has been processed and a decision No person may advertise or hold out to act as an OTI unless that person holds a valid OTI license or is registered under this part. 8, 1999, as amended at 80 FR 68737, Nov. 5, 2015]. ( 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. 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. Bond of Qualifying Individual | ccisbonds.com | ccisbonds.com If you have questions for the Agency that issued the current document please contact the agency directly. 1, January 20, 2003. (2) Prepared and processed the ocean bill of lading, dock receipt, or other similar document with respect to the shipment. mail. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Compliance Programs - Federal Maritime Commission 04. is also required for applications seeking approval of a change in business An OTI shall account to its principal(s) or shipper(s) for overpayments, adjustments of charges, reductions in rates, insurance refunds, insurance monies received for claims, proceeds of C.O.D. [64 FR 11171, Mar. 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. FEDERAL MARITIME COMMISSION . parent or holding company will have a beneficial interest in shipments moving Study with Quizlet and memorize flashcards containing terms like Type AC cable is permitted in, Listed FMC and LFMC shall contain an equipment grounding conductor if the raceway is installed for the reason of, Cable________ made and insulated by approved methods can be located within a cable tray provided they are accessible, and do not project above the side rails where the splices are . The effective date of this undertaking shall be ____ day of ____, ____, and shall continue in effect until discharged or terminated as herein provided. (d) Common carrier. Incomplete applications will usually be returned within a (b) Information obtained under this part is used to determine the qualifications of ocean transportation intermediaries and their compliance with shipping statutes and regulations. (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. Submission is completely voluntary. 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. The OTI must timely replace the QI, as provided by the Commission's . If Qualifying Individual Definition: 351 Samples | Law Insider The official, published CFR, is updated annually and available below under office is to be listed in Part F. Branch offices outside the US are not transferred (if only part is being transferred list the parts). 1 CFR 1.1 (a) Licenses. Whereas, the Insurance is written to assure compliance by the Insured with section 19 of the Shipping Act (46 U.S.C. Copies of these documents may be obtained from the FMCs Bureau of (c) Reduced forwarding fees. A compliance audit starts with a letter of introduction that explains BEICs authority and purpose for conducting the audit. (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). Identify the name 515.21 of the Commission's ocean transportation intermediary 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. OTI List - Federal Maritime Commission 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. (5) Change in the identity or status of the designated QI, except as described in paragraphs (b) and (c) of this section. The Surety shall not be liable for any transportation-related activities of 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 event occurring prior to the date when said termination becomes effective. consider the application to be void. 41301-41302, 41305-41307(a)), or any penalty assessed against the Insured pursuant to section 13 of the Shipping Act (46 U.S.C. (1) Licenses. PDF Frequently Asked Questions: Free Miner Certificate (FMC) - Gov Apply for or make changes to a License or Request a Foreign All application forms (FMC-18) are now filed electronically. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 13. Write your awesome label here. 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. The identity of the shipper must always be disclosed in the shipper identification box on the bill of lading. Post office The term "qualifying individual" (QI) is added and defines QI as an individual who meets the Shipping Act's experience and character requirements. 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. transferred from (transferor) and identify the company which will receive the business in the United States in order to be approved. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. (a) Disclosure of principal. punctuation. This Guaranty shall be governed by the laws in the State of ____ to the extent not inconsistent with the rules and regulations of the FMC. Please complete the appropriate section below (8A or 8B). p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the . 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. After age 65 you can use your health savings account for any expense, you'll simply pay ordinary income taxesjust like a 401 (k). Otherwise, the denial of the application will become effective and the applicant shall be so notified. 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 surety bond. Whereas, this Guaranty is written to ensure compliance by the Applicant with section 19 of the Shipping Act (46 U.S.C. The Commission has received OMB approval for this collection of information pursuant to the Paperwork Reduction Act of 1995, as amended. in the United States commerce as defined in 46 C.F.R. transferring licensee.). (c) Common carriers. Describe applicant's PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE . 515.19 Registration of foreign-based unlicensed NVOCC. (2) An ocean transportation intermediary must report branch offices to the Commission in Form FMC-18 or under the procedures in 515.20(e). Ocean Transportation Intermediary (OTI) Bond (Section 19, Shipping Act of 1984 (46 U.S.C. fmc qualifying individual Navigate by entering citations or phrases You can learn more about the process 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 [email protected]. 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. months lapse between the date of notification of approval of an application and officer, director, or stockholder and the percentage of ownership. A "Certificate of Good Standing", issued within 6 months from the applicable Parts completed. Upon the request of any authorized representative of the Commission, an OTI shall make available promptly for inspection or reproduction all records and books of account in connection with its ocean transportation intermediary business, and shall respond promptly to any lawful inquiries by such representative. This person is called the FMC Qualifying Individual or "QI". guide. FMC Regulations & Statutes - Federal Maritime Commission 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. (e) Other changes. a copy of the corporate minutes Under the Auditor Regulation Act 2011, we must carry out a quality review of systems, policies, and procedures of registered audit firms and licensed auditors at least once every four years.