The licensee may continue to operate as an ocean transportation intermediary during the pendency of the Commission's approval process. 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. (u) Special contract is a contract for ocean freight forwarding services which provides for a periodic lump sum fee. All punch cards are non-refundable. (d) Invoices; documents available upon request. result, it may not include the most recent changes applied to the CFR. writing to the Federal Maritime Commission, Bureau of Certification and
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. (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. ____, 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. (c) A common carrier that has employed the procedure prescribed in paragraph (b)(1) of this section shall be deemed to have met its obligations under 46 U.S.C. (s) Shipment means all of the cargo carried under the terms of a single bill of lading. conglomerates must submit a list of all subsidiaries and affiliations printed
Certification and Licensing (BCL) or can be found on the Commissions website
If the applicant is
The Qualifying Individual or QI program is a Medicare savings program (MSP). A license may be revoked or suspended for any of the following reasons: (1) Violation of any provision of the Act, or any other statute or Commission order or regulation related to carrying on the business of an ocean transportation intermediary; (2) Failure to respond to any lawful order or inquiry by the Commission; (3) Making a materially false or misleading statement to the Commission in connection with an application for a license or an amendment to an existing license; (4) A Commission determination that the licensee is not qualified to render intermediary services; or. intermediaries (OTI). A person must be given the opportunity to choose which benefit they prefer . 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). (1) A licensee operating as an NVOCC and a freight forwarder, or a person related thereto, may collect compensation when, and only when, the following certification is made together with the certification required under paragraph (c) of this section: The undersigned certifies that neither it nor any related person has issued a bill of lading or otherwise undertaken common carrier responsibility as a non-vessel-operating common carrier for the ocean transportation of the shipment covered by this bill of lading. (2) If, within 120 days of notification of conditional approval for licensing by the Commission, proof of financial responsibility and, in the case of an NVOCC, the Form FMC-1 is not received, the conditional approval of the application will be invalid. the fees required to be submitted with various types of applications: All payments may be made
A license will be issued after the Commission has received acceptable
licensed. qualifying individual, other officer, director, partner, member, stockholder,
14. 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. Tariq I. Belion, Qualifying Individual (QI) Easha Belion, President Application Type: New NVO & OFF License. 2. The Federal Maritime Commission amends its regulations pertaining to the licensing requirements of ocean transportation intermediaries in accordance with the Shipping Act of 1984, as amended by The Ocean Shipping Reform Act of 1998. 13. If you work for a Federal agency, use this drafting 1221 0 obj
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(a) Notice of shipper affiliation. or existing codification. (a) Forms. Completed application Form FMC-18 and $250.00 fee. (2) Where information identified in an OTI's license renewal process is changed from that set out in its current Form FMC-18 and requires Commission approval pursuant to 515.20, the licensee must promptly submit a request for such approval on Form FMC-18 together with the required filing fee. [80 FR 68732, Nov. 5, 2015, as amended at 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 84 FR 62467, Nov. 15, 2019]. The estimated average time is: Recordkeeping, 20 minutes; Learning about the form, 20 minutes; Preparing and sending the form to the FMC, 20 minutes. 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. (d) The length and nature of the qualifying individual's experience in handling ocean transportation intermediary duties. endobj
Commissions website, www.fmc.gov , or by
In the event a licensee acquires one or more additional licensees, for the purpose of merger, consolidation, or control, the acquiring licensee shall advise the Commission of such acquisition, including any change in ownership, within 30 days after such change occurs by submitting an amended Form FMC-18. When a group or association of ocean transportation intermediaries accepts liability for an ocean transportation intermediary's financial responsibility for such ocean transportation intermediary's transportation-related activities under the Act, the group or association of ocean transportation intermediaries shall file a group bond form, insurance form or guaranty form, clearly identifying each ocean transportation intermediary covered, before a covered ocean transportation intermediary may provide ocean transportation intermediary services. all questions answered or noted "N/A" within those Parts. This document is available in the following developer friendly formats: Information and documentation can be found in our The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y
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performed by the qualifying individual. "Reasonably compatible" means that there is no significant discrepancy between information declared by a member or applicant and other information available to the agency. Whereas, this Guaranty is written to ensure compliance by the Applicant with section 19 of the Shipping Act (46 U.S.C. Define Qualifying Individual. Qualifying Individual (QI) - Distribution-Publications, Inc. In any instance where an application has been processed in whole or in part, the fee will not be refunded. (2) Registrations. (c) Receipts and disbursements by shipment. of more than one trade name, documentation is needed stating which name will be
formatting. This bond is effective the ____, day of ____,____ and shall continue in effect until discharged or terminated as herein provided. guide. and months of ocean transportation intermediary experience that the qualifying
Forwarder and carrier compensation; fees. (ii) Only with respect to those commodities. 515.26 Termination of financial responsibility. "Qualifying Individual-1" means a Qualified Individual who meets the Qualifying Individual-1 income and resource standards. 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. Many of our PDF forms and applications can be completed online. 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. The QI must have no less than three years of experience processing freight shipments in the U.S. ocean trade lane. required to be listed. Choose My Signature. 2021. 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. 20573-0001.
Failure of the applicant to submit the identified materials by the established date will result in the closing of its application without further processing. If you are transferring a
*Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. in the United States commerce as defined in 46 C.F.R. The Commission shall conduct an investigation of the applicant's qualifications for a license. 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. [515.19(f) &515.20] These changes should be sent tooti@fmc.gov. supplemental pages. A license number should be provided only by those persons who are already
9th Floor. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. electing the qualifying individual or the partnership agreement. forwarder or an NVOCC, please include your license and bond numbers. We recommend you directly contact the agency responsible for the content in question. This contact form is only for website help or website suggestions. 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. Describe applicant's
During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. (d) Federal military and civilian household goods. considered a valid application unless it is signed. 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. . Submit Form FMC-18 and the required license application fee. b`Y0}/yfD55J{\M:yCLl`(gY<3!
G3r8y4(# yKoKjQ8q)J`i[r#@ 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. of Certification and Licensing, 800 North Capitol Street N.W., Washington, D.C.
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. Any change in the facts
41301-41302, 41305-41307(a)), and to the benefit of the Federal Maritime Commission for any penalty assessed against the Insured pursuant to section 13 of the Shipping Act (46 U.S.C. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. A separate file shall be maintained for each shipment. Individuals listed as a Qualifying Individual on the Company (MU1) Form filing must have an individual NMLS account and will be required to complete full text search results 9. (c) Reduced forwarding fees. Medicare Savings Programs (MSP) help people with limited income and resources pay for some or all of their Medicare premiums and may also pay their Medicare deductibles and co-insurance. The bond, insurance, or other surety may be available to pay such claim if: (i) The ocean transportation intermediary consents to payment, subject to review by the financial responsibility provider; or. (c) Common carriers. In any other instance where it is necessary to attach a supplemental
LII Electronic Code of Federal Regulations (e-CFR) Title 46 - Shipping CHAPTER IV - FEDERAL MARITIME COMMISSION SUBCHAPTER B - REGULATIONS AFFECTING OCEAN SHIPPING IN FOREIGN COMMERCE PART 515 - LICENSING, REGISTRATION, FINANCIAL RESPONSIBILITY REQUIREMENTS AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES SAF/FM is composed of four directorates, or "3-Letter" organizations, each . 41301-41302, 41305-41307(a)), but otherwise seeks to pursue a claim against an ocean transportation intermediary bond, insurance, or other surety for damages arising from its transportation-related activities, it shall attempt to resolve its claim with the financial responsibility provider prior to seeking payment on any judgment for damages obtained. 10. (d) Investigation. A document supporting the legal business name
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. If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. 2. (1) A disclosed agent, individual employee, or branch office of an ocean transportation intermediary is not required to be licensed in order to act on behalf of and in the name of such ocean transportation intermediary. preclude licensing. All subsequent renewals will take place on regular three-year intervals. . Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. members of large organization or are affiliated with international
(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) Any NVOCC whose primary place of business is located outside the United States and does not elect to become licensed by the Commission shall register with the Commission by submitting to the Director of the Bureau of Certification and Licensing (BCL) a completed registration form, Form FMC-65 (Foreign-based Unlicensed NVOCC Registration/Renewal). Partnerships or similar entities must list the name of
acceptable include experience gained overseas (import) as an ocean freight
Submit electronically Form FMC-18: Application for a License as an Ocean Transportation Intermediary. The insurance must provide coverage for damages, reparations or penalties arising from any transportation-related activities under the Act of the insured ocean transportation intermediary. Figure 5: Modify Qualifying Individual How to Remove a Qualifying Individual 1. 515.11 Basic requirements for licensing; eligibility. You may
mail. BEIC then works with the OTI, its tariff publisher, and bonding company, as necessary, to assist the OTI in bringing its operations into compliance. Medicare provides four savings programs with different income and resource limits. 40902 and this part; or. 14. No application fee is required when reporting this change. 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. 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. Check the boxes that apply. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. Background and more details are available in the ( 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 notice of intent to deny the application will provide, in detail, a statement of the facts supporting denial. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. NZICA Accredited body report Licensed, Non-U.S.-based NVOCCsare required to submit proof of financial responsibility in the amount of $75,000. the hierarchy of the document. Guarantor agrees to appoint an agent for service of process in the United States. (f) Errors and omissions of the principal or shipper. The following changes in an existing licensee's organization require prior approval of the Commission, and application for such status change or license transfer shall be made on Form FMC-18, filed with the Commission's Bureau of Certification and Licensing, and accompanied by the fee required under 515.5(c): (1) Transfer of a corporate license to another person; (2) Change in ownership of a sole proprietorship; (3) Any change in the business structure of a licensee from or to a sole proprietorship, partnership, limited liability company, or corporation, whether or not such change involves a change in ownership; (4) Any change in a licensee's name, including adding or deleting a trade name relating to its OTI services; or. (ii) in the case of insurance and guaranty, a firm 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, Underwriters at Lloyd's, or surplus line insurers named on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners and issued by such firms on Form FMC-67 and Form FMC-68, respectively. copies of the Form FMC-18 and the related Surety Bond Form FMC-48, at the
(c) Failure to provide necessary information and documents. A common carrier may pay compensation to a licensed freight forwarder only pursuant to such common carrier's tariff provisions. The completed questionnaire and any supporting documents must be returned within 30 days. A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. (b) Service of administrative process, other than subpoenas, may be effected upon the legal agent by dispatching a copy of the document to be served by mail or courier service. (b) Optional bond rider. (6) The coverage provided by the group or association of ocean transportation intermediaries on behalf of its members shall be provided by: (i) in the case of a surety bond, a surety company found acceptable to the Secretary of the Treasury and issued by such a surety company on Form FMC-69; and. sheet, please label the supplemental response to match the item number on the
The identity of the shipper must always be disclosed in the shipper identification box on the bill of lading. Now, Therefore, The condition of this obligation is that the penalty amount of this bond shall be available to pay any judgment or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Principal arising from the Principal's transportation-related activities or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. 8, 1999, unless otherwise noted. (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. (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. endobj
A common carrier shall not pay compensation for the services described in paragraph (c) of this section more than once on the same shipment. US
(e) A tariff shall not be published and NVOCC service shall not commence until the Commission receives valid proof of financial responsibility from the registrant and a Form FMC-1 has been submitted. 41301-41302, 41305-41307(a)), or any penalty assessed against each covered member ocean transportation intermediary pursuant to section 13 of the Act (46 U.S.C. The term beneficial interest shall not include any obligation in favor of an ocean transportation intermediary arising solely by reason of the advance of out-of-pocket expenses incurred in dispatching a shipment. For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. Such notices may include or attach other information relevant to the claim.