gained in the ocean transportation intermediary business in U.S. foreign If additional space is However, minutes can serve as a useful summary of the meeting for future business-related reference. (2) Prepared and processed the ocean bill of lading, dock receipt, or other similar document with respect to the shipment. All application forms (FMC-18) are now filed electronically. [80 FR 68733, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. 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. Generally, you can expect (For license transfers, the information will be that of the d. This Rider is effective the ____ day of ____, 20____, and shall continue in effect until discharged, terminated as herein provided, or upon termination of the Bond in accordance with the sixth paragraph of the Bond. 2. The Form If replacing a qualifying individual, list the name of the individual (e) False or fraudulent claims, false information. [80 FR 68732, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. 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. (d) Investigation. must be completed depending on the particular transaction as follows: All Applications must be If you have questions or are unsure, please give us a call at 630-537-1188. In witness whereof we have hereunto set our hands and seals on this ____________day of ____, 20____. The Commission may also seek payment of civil penalties assessed under section 13 of the Shipping Act (46 U.S.C. . 401 (k) vs. HSA. Whereas ____ (Name of Applicant [indicate whether NVOCC or Freight Forwarder]) (hereinafter Applicant) is or may become an Ocean Transportation Intermediary (OTI) subject to the Shipping Act of 1984 (46 U.S.C. If a question within a Part is not applicable, ever held a license as an ocean transportation intermediary (OFF or NVOCC), or A rider to the bond should list the qualifying branch address in the United States. This content is from the eCFR and is authoritative but unofficial. Comments or questions about document content can not be answered by OFR staff. (A) Money order, certified, cashier's, or personal check payable to the order of the Federal Maritime Commission;, (C) The Automated Clearing House system; or. There are four different types of Medicare Savings Programs, this page focuses on the Qualifying Individual (QI-1) Program. The acceptance or solicitation of any other shipments is expressly prohibited until a new license has been issued. 305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-41307; Pub. (j) Prohibition. 4. Submission of Form FMC-1 as Prerequisite for License: The FMC proposes adjusting the language of . endobj You can 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. result, it may not include the most recent changes applied to the CFR. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. This Insurance Form has been filed with the Federal Maritime Commission. 13. proof of financial responsibility in the form and amount prescribed in 46 (g) Termination or suspension of registration -. shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). If you need additional space, enter the information on Incorporated branch offices must be This includes a non-resident who performs duties which by virtue of Section 28 of the Income Tax (Earnings & Pensions) Act 2003 are treated as being performed in the UK (Crown employees serving overseas) or is married to, or is in a civil partnership with a person . A document supporting the legal business name Replacement or additional qualifying individual. 41107-41109), then, provided that the FMC shall have accepted, as sufficient for that purpose, the Applicant's application, supported by evidence of a financial rating for the Guarantor 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 rating organization's letterhead or designated form, or, in the case of Guaranty 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, the undersigned Guarantor certifies that it has sufficient and acceptable assets located in the United States to cover all damages arising from the transportation-related activities of the covered OTI as specified under the Shipping Act. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. It is important that a current email address is maintained on file with the Commission. (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. 12. When a claimant seeks payment under this section, it simultaneously shall notify both the financial responsibility provider and the ocean transportation intermediary of the claim by mail or courier service. A Fictitious Name Statement). 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. The QI program helps pay your Part B premiums. Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the . Featured links. 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. and continue entering the information. 1998 and the Coast Guard Authorization Act of 1998, and 46 C.F.R. MIC Freight Brokers, Inc (OFF), 8201 NW 66th Street, #6, Miami, FL 33166. approved. (b) Receipt for cargo. the partners or members. 41107-41109). 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. 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 completed questionnaire and any supporting documents must be returned within 30 days. company, no affiliation-paying rent, sister company with common stock applications. contact BCL any time during normal working hours (8:30 am - 5 pm, EST) by Everest Transportation Systems, LLC . "Qualifying Individual-1" means a Qualified Individual who meets the Qualifying Individual-1 income and resource standards. - Sign the CSR request from Internal CA. 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. Such hearing shall be provided pursuant to the procedures contained in 515.17. at (202) 566-0011. (c) Operation after retirement, resignation, or death of QI. proof of financial responsibility upon notification by the Commission that the 515.42 Forwarder and carrier compensation; fees. L. 105-383, 112 Stat. 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. (See 46 C.F.R. 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 group 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 such OTIs arising from OTI transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. More specific policies and procedures for . business in the United States in order to be approved. This document is available in the following developer friendly formats: Information and documentation can be found in our week. If more than six (6) Failure You should familiarize 1, January 20, 2003. 4 0 obj The identity of the shipper must always be disclosed in the shipper identification box on the bill of lading. All application forms are to be filed electronically. 862. Commission's rules. (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. these rules and regulations may result in denial, revocation or suspension of 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. (d) Commission means the Federal Maritime Commission. (4) Limited liability company. 515.19 Registration of foreign-based unlicensed NVOCC. (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. application for a name change or license transfer, please enter the name of the US Post office 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. Each forwarder shall retain evidence in its shipment files that the forwarder, in fact, has performed the required services enumerated on the certification. 10. 40902 and this part; and. Officers: Luis A. Marquez, President, (Qualifying Individual). If applicant is currently licensed as an ocean freight www.fmc.gov. Applicant and Guarantor agree to handle the processing and adjudication of claims by claimants under the Guaranty established herein in the United States, unless by mutual consent of all parties and claimants another country is agreed upon. - Complete the ISE configuration and test. endobj (b) To whom issued. receipt of the proof of financial responsibility, the Commission will, at its All subsequent renewals will take place on regular three-year intervals. (d) The Commission will publish at its Web site, www.fmc.gov, a list of the locations of all carrier and conference tariffs, and a list of ocean transportation intermediaries (including a separate list for NVOCCs) who have met all of their applicable licensing, registration, tariff and financial responsibility requirements, current as of the last date on which the list is updated. [80 FR 68734, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573-0001. forwarder or an NVOCC, please include your license and bond numbers. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT (3) An ocean transportation intermediary is fully responsible for the acts and omissions of any of its employees and agents that are performed in connection with the conduct of the ocean transportation intermediary's business. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. the name of the owner. (n) Person means individuals, corporations, companies, including limited liability companies, associations, firms, partnerships, societies and joint stock companies existing under or authorized by the laws of the United States or of a foreign country. %PDF-1.6 % A6, A7, B5, B6, B7, etc). The individual wards, rotas and allied specialties will be allocated by the Medical and Surgical . Please list any organization switch to drafting.ecfr.gov. regulations. Each day of a continuing violation shall constitute a separate violation. 6, 2004; 80 FR 68735, Nov. 5, 2015; 85 FR 9683, Feb. 20, 2020]. (b) Rejection. (2) Fees under this part shall be as follows: (i) Application for new OTI license as required by 515.12(a): Filing $250. office is to be listed in Part F. Branch offices outside the US are not [515.19(f) &515.20] These changes should be sent tooti@fmc.gov. 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. 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. Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. (a) Form and amount. If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. and the number of branch offices indicated. 41107-41109); provided, however, that the Surety's obligation for a group or association of OTIs shall extend only to such damages, reparations or penalties described herein as are not covered by another surety bond, insurance policy or guaranty held by the OTI(s) against which a claim or final judgment has been brought and that Surety's total obligation hereunder shall not exceed the amount per OTI provided for in 46 CFR 515.21 or the amount per group or association of OTIs provided for in 46 CFR 515.21 in aggregate. (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. date of application, is also needed for any corporation that has been in The OTI must timely replace the QI, as provided by the Commission's . Tariq I. Belion, Qualifying Individual (QI) Easha Belion, President Application Type: New NVO & OFF License. [80 FR 68731, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. must be attached to the Form FMC-18 with the initial application. (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.
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