Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. In the event of deletions to Appendix A, termination of coverage for such OTI(s) shall become effective 30 days after receipt of written notice by the Commission. (b) Filing of license application forms. 41301-41302, 41305-41307(a)), or any penalty assessed against the Applicant pursuant to section 13 of the Shipping Act (46 U.S.C. Whereas, the Insurance is written to assure compliance by the Insured with section 19 of the Shipping Act (46 U.S.C. 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. telephone at(202) 523-5843 (Office of Transportation Intermediaries) or by fax being replaced. 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. and months of ocean transportation intermediary experience that the qualifying Qualifying Individual (QI) This article has moved to our new Knowledge Center home. As a A separate file shall be maintained for each shipment. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 conglomerates must submit a list of all subsidiaries and affiliations printed Each receipt for cargo issued by a licensed freight forwarder shall be clearly identified as Receipt for Cargo and be readily distinguishable from a bill of lading. (For license transfers, the information will be that of the For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. existence for more than one year. Responsibility Requirements. Helpful Hints 1. In any other instance where it is necessary to attach a supplemental If this is an initial application for a license, the change A licensed freight forwarder may not receive compensation from a common carrier with respect to any shipment in which the forwarder has a beneficial interest or with respect to any shipment in which any holding company, subsidiary, affiliate, officer, director, agent, or executive of such forwarder has a beneficial interest. (b) Stationery and billing forms. 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. The effective date of this undertaking shall be ____ day of ____, ____, and shall continue in effect until discharged or terminated as herein provided. consider the application to be void. Signature of Official signing on behalf of Insurer. 41107-41109). Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. Registrants may request a hearing for terminations or suspensions of the effectiveness of their registrations following the same procedures set forth in 515.17 (governing hearing requests for denials, revocations and suspensions of licenses). This Guaranty is effective the day of ____, ____, ____ 12:01 a.m., standard time at the address of the Guarantor as stated herein and shall continue in force until terminated as herein provided. (d) The Federal Maritime Commission shall not serve as depository or distributor to third parties of bond, guaranty, or insurance funds in the event of any claim, judgment, or order for reparation. 3 0 obj (b) A registration form which appears, upon submission, to be substantially incomplete may be rejected. here. The application process includes detailed reporting of your company's organizational structure and management. The QI must meet those requirements at the time a license is issued and must thereafter maintain the necessary character. openssl req -new -key fmc.key -out fmc.csr. The Qualifying Individual or QI program is a Medicare savings program (MSP). completed. 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. When a common carrier's tariff provides for the payment of compensation, such compensation shall be paid on any shipment forwarded on behalf of others where the forwarder has provided a certification as prescribed in paragraph (c) of this section and the shipper has been disclosed on the bill of lading as provided for in paragraph (a) of this section. 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. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. 8, 1999, as amended at 80 FR 68734, Nov. 5, 2015]. A license issued to a sole proprietor doing business under a trade name shall be in the name of the sole proprietor, indicating the trade name under which the licensee will be conducting business. - Regulations Affecting Ocean Shipping in Foreign Commerce, https://www.ecfr.gov/current/title-46/chapter-IV/subchapter-B/part-515, Licensing, Registration, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries, Eligibility and Procedure for Licensing and Registration. preclude licensing. Click the Save button (see Figure 5). shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). 40101-41309. The applicant sole proprietor. If you answered in the affirmative, Persons who have had their applications rejected may submit a new Form FMC-18 at any time, together with the required filing fee. Whenever a license has been revoked or an application has been denied because the Commission has found the licensee or applicant to be not qualified to render ocean transportation intermediary services, any further application within 3 years of the Commission's notice of revocation or denial, made by such former licensee or applicant or by another applicant employing the same qualifying individual, officer(s), member(s), manager(s) or controlled by persons on whose conduct the Commission based its determination for revocation or denial, shall be reviewed directly by the Commission. Claims against an ocean transportation intermediary. 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. 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. A "Certificate of Good Standing", issued within 6 months from the Carrier (NVOCC) licenses. trade name or adding a trade name, you must attach the appropriate 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. The qualifying individuals experience must have been gained in the United States. 7. If rejected, a notice, together with the reasons therefore, shall be sent to the foreign-based unlicensed NVOCC. (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). (b) Beneficial interest includes a lien or interest in or right to use, enjoy, profit, benefit, or receive any advantage, either proprietary or financial, from the whole or any part of a shipment of cargo where such interest arises from the financing of the shipment or by operation of law, or by agreement, express or implied. The information in this document is based on these software and hardware versions: Standalone ISE 2.4 FMCv 6.2.3 Active Directory 2012R2 Identity Services Engine (ISE)pxGrid version 2.4 Firepower Management Center (FMC) version 6.2.3 The information in this document was created from the devices in a specific lab environment. Privacy Act and Paperwork Reduction Act Notice. Search & Navigation explanation. performed by the qualifying individual. 40902 and this part. Qualifying Individual (QI) What does it take to be a Qualifying Individual (QI)? 8, 1999, unless otherwise noted. 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. If more than one insurer joins in executing this document, that action constitutes joint and several liability on the part of the insurers. Only the If the violation is willfully and knowingly committed, in which case 8, 1999, as amended at 67 FR 39860, June 11, 2002; 74 FR 50719, Oct. 1, 2009; 84 FR 62468, Nov. 15, 2019]. 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)). Failure to comply with 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 . If you are changing your existing corporations business structure do not The bond, insurance, or other surety covers the transportation-related activities of an ocean transportation intermediary. (f) Compensation; services performed by underlying carrier; exemptions. It should be noted that fees will not be returned in any [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]. At least one of the active corporate officers. (w) United States includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and all other United States territories and possessions. Q-5000, Qualifying Individuals (QIs) Printer-friendly version. (a) Who may seek payment. transferring licensee.). The liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall aggregate the penalty amount of this bond, and in no event shall the Surety's total obligation hereunder exceed said penalty amount, regardless of the number of claims or claimants. 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. Your individual or joint income and resources must meet a certain criteria to qualify. ever held a license as an ocean transportation intermediary (OFF or NVOCC), or Organization and Purpose The liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall aggregate the penalty of this bond, and in no event shall the Surety's total obligation hereunder exceed the amount per member OTI set forth in 46 CFR 515.21, identified in Appendix A, or the amount per group or association of OTIs set forth in 46 CFR 515.21, regardless of the number of OTIs, claims or claimants. 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. [80 FR 68732, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. Form FMC-18 (Rev. sheet, please label the supplemental response to match the item number on the if this is an application for a license transfer, this question must be We are also republishing a certification process pertaining to. 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.
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