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Any change in the facts 515.11 Basic requirements for licensing; eligibility. If additional space is FMC Regulations & Statutes Regulations e-CFR pertaining to the FMC: 46 CFR 500 (GPO) Historical versions of the CFR (annual edition from FDsys) Statutes pertaining to the FMC Shipping Act of 1984 - 46 U.S.C. involved with foreign water borne commerce. (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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. 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. the response to any question is yes, please attach an explanation. (c) If the designated legal agent cannot be served because of death, disability, unavailability, termination or expiration of the designation, or if a legal agent authorized to receive such service is not designated in compliance with this section, the Secretary of the Federal Maritime Commission will be deemed to be the legal agent for service of process. made within 45 days from receipt of the application, assuming the application 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. must be attached to the Form FMC-18 with the initial application. 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. Current address Names and information concerning Qualifying Individual (s) Structure of the organization Nature and extent of current operations of the OTI A list of OTI regulatory obligations also is provided at the commencement of each compliance audit. (See 46 C.F.R. You may 7. 8. and the number of branch offices indicated. PDF Guidelines on Individual Accountability and Conduct 515.14 Issuance, renewal, and use of license. HSA vs. 401 (K) Both accounts let you make pre-tax contributions and grow tax-free earnings. This evidence of financial responsibility shall be accompanied by: in the case of a financial rating, the Insurer's financial rating on the rating organization's letterhead or designated form; in the case of insurance provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's; and in the case of insurance provided by 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. NVOCC not in the US, it needs to establish a qualifying office in the US. performed by the qualifying individual. Any person serving the Secretary must also send to the ocean transportation intermediary, or group or association of ocean transportation intermediaries which provide financial coverage for the financial responsibilities of a member ocean transportation intermediary, by mail or courier service at the ocean transportation intermediary's, or group's, address published in its tariff, a copy of each document served upon the Secretary, and shall attest to that service at the time service is made upon the Secretary. PDF Help Document Template The Insurer must certify that it has sufficient and acceptable assets located in the United States to cover all damages arising from the transportation-related activities of the insured ocean transportation intermediary as specified under the Act. 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. Show the total number of years forwarder, or in air freight forwarding, custom house brokerage, or motor Choosing an item from They will have to be provisionally registered with PMC before the start of . If the applicant is an 40902 and this part. (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. 1208 0 obj <> endobj In any other instance where it is necessary to attach a supplemental Auditors and accredited bodies compliance requirements Use the Delete ( ) icon to delete Qualifying Individuals. Corporations must list the name and title of each an ocean transportation intermediary license. 14. ZI])(. write "N/A". 46 U.S.C. Administrative subpoenas shall be served in accordance with 502.134 of this chapter. If you work for a Federal agency, use this drafting Basic requirements for licensing; eligibility. The following condition is added to this Bond: a. 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. documentation (e.g. Company Name, including additions or removals of trade names, Business structure change (such as a conversion from a corporation to an LLC), Addition of NVOCC or Ocean Freight Forwarding authority. FMC Regulations & Statutes - Federal Maritime Commission The QI must meet those requirements at the time a license is issued and must thereafter maintain the necessary character. The insurance must be placed with: (1) An Insurer having a financial rating of Class V or higher under the Financial Size Categories of A.M. Best & Company, or equivalent from an acceptable international rating organization; (3) Surplus lines insurers named on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners; or. Application For Replacing The Qualifying Individual - California (e) Electronic data interchange. No OTI shall permit its name, license, license number, registration, or registration number to be used by any person who is not an employee or an agent of the OTI. 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. 64 FR 11171, Mar. Every NVOCC must employee at least one company officer as a Qualifying Individual (QI) for FMC licensing purposes. 515.23 Claims against an ocean transportation intermediary. 2 0 obj 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 bond. The Insurer consents to be sued directly in respect of any bona fide claim owed by Insured for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act, of Insured in the event that such legal liability has not been discharged by the Insured or Insurer after a claimant has obtained a final judgment (after appeal, if any) against the Insured 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 Insured and/or Insurer pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Insurer is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant; provided, however, that Insurer's total obligation hereunder shall not exceed the amount per OTI set forth in 46 CFR 515.21 or the amount per group or association of OTIs set forth in 46 CFR 515.21. Check all the boxes ownership, etc. This bond is effective the ____, day of ____,____ and shall continue in effect until discharged or terminated as herein provided. [80 FR 68732, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. 40101-41309), or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. 515.22 Proof of financial responsibility. (r) Registered non-vessel-operating common carrier (registered NVOCC) means an NVOCC whose primary place of business is located outside the United States and who elects not to become licensed as an NVOCC, but to register with the Commission as provided in 515.19, post a bond or other surety in the required amount, and publish a tariff as required by 46 CFR part 520. (2) Registrations. If you Such registered NVOCC shall be strictly responsible for the acts and omissions of its employees and agents, wherever they are located. 5. payable to the Federal Maritime Commission. Please do not send cash. (d) Federal military and civilian household goods. Medicare provides four savings programs with different income and resource limits. 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. Why your NVOCC should be FMC-licensed - iContainers Indicate all entities of any type whether in the United Principal's Agent for Service of Process (Required if Principal is not a U.S. formatting. 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. MIC Freight Brokers, Inc (OFF), 8201 NW 66th Street, #6, Miami, FL 33166. 33 CFR 155.1026 - Qualified individual and alternate qualified (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. individual. B. (2) In addition to information provided by the applicant and its references, the Commission may consider all information relevant to determining whether an applicant has the necessary character to render ocean transportation intermediary services, including but not limited to, information regarding: Violations of any shipping laws, or statutes relating to the import, export, or transport of merchandise in international trade; operating as an OTI without a license or registration; state and federal felonies and misdemeanors; voluntary and non-voluntary bankruptcies not discharged; outstanding tax liens and other court and administrative judgments and proceedings; compliance with immigration status requirements described in 49 CFR 1572.105; denial, revocation, or suspension of a Transportation Worker Identification Credential under 49 CFR 1572; and the denial, revocation, or suspension of a customs broker's license under 19 CFR subpart B, section 111. OMB control number assigned pursuant to the Paperwork Reduction Act. Understanding the Medicare Qualified Individual (QI) program (d) In-plant arrangements. hk%ZAK eV.U-tx 9U2yL2`1S1Oq/TQ!QhSUv*[N%6ZSE]bnYZqduN1MnTV,~O?Sny}>}Soj{}oyq^n?O'o|Y9lpw_O-7_|O_}(MMcP?7qvy7oyhDtw_Kx]AwNlo_/N7w?o>}s#uzL9o_f-UOGvozex}1vjZ?NmV*ROS7Lkx6rz{-vcbI{k0&4oC>p2FfL.w4^YtT{yFqSNccOQDD|=!l{kgqiCzB{i'zI}BsD&q6~SF8%M@l)$&,6*&0V@0!6sh}3Fl0 &4?9}[#9!%ZIs;nR)Fc;K_DkG4%(6'7y2HtV&HkGc[}kov-DwWLr4jmSMf$xcz(?u 'GekkdClO`=X*{68V-v5q. 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. 13. 10/2007) II . Such person shall not receive compensation from the common carrier for any services rendered in connection with such shipments. The Surety consents to be sued directly in respect of any bona fide claim owed by any or all of the OTIs identified in Appendix A for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act of the OTIs in the event that such legal liability has not been discharged by the OTIs or Surety after a claimant has obtained a final judgment (after appeal, if any) against the OTIs 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 OTI(s) 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(s). 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. Enhanced content is provided to the user to provide additional context. The Medicare . 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.