(c) Common carriers. that apply. DPI Copyright & Disclaimer Home / Knowledge Center / Qualifying Individual (QI) PDF Guidelines on Individual Accountability and Conduct (a) Every ocean transportation intermediary not located in the United States and every group or association of ocean transportation intermediaries not located in the United States which provides financial coverage for the financial responsibility of a member ocean transportation intermediary shall designate and maintain a person in the United States as legal agent for the receipt of judicial and administrative process, including subpoenas. parent or holding company will have a beneficial interest in shipments moving Position the qualifying individual holds as a corporate officer, member, or active partner: (Attach proof of position held i.e., minutes from meeting electing the officers) 12. You can include the title of the individual signing the application and the date of The section also explains the General Duties for Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. 1 0 obj There is no fee for filing changes to pending (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. (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. (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. (2) Hearing procedure. 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. The application process includes detailed reporting of your company's organizational structure and management. How to Amend the Title/Business Address for an Existing Qualifying Individual 1. Replacement or additional qualifying individual. ( 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. 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. 40101-41309, and, if necessary, has a valid tariff published pursuant to 46 CFR part 515 and 520, and pursuant to section 19 of the Shipping Act (46 U.S.C. 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. The qualified individual or alternate qualified individual must be available on a 24-hour basis. A qualifying individual must have at least three years of demonstrable OTI experience in the U.S. trades that can be confirmed by the FMC and, be an officer of the company. % 19. (b) Notice. Except as otherwise provided in this part, no person may advertise, hold oneself out, or act as an ocean transportation intermediary unless that person furnishes a bond, proof of insurance, or other surety in a form and amount determined by the Commission to insure financial responsibility. (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. (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. (a) Licensees and registrants; names and numbers. (viii) Failure to designate and maintain a person in the United States as legal agent for the receipt of judicial and administrative process, including subpoenas, as required by 515.24. (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. After all Parts of the application have been completed and the application has been submitted, you must submit the required. Upon notification by the Commission that an applicant has been conditionally approved for licensing, the applicant shall file with the Director of the Commission's Bureau of Certification and Licensing, proof of financial responsibility in the form and amount prescribed in 515.21. Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. The Principal or financial responsibility provider will promptly notify the underwriting Surety in writing and the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, by mail or email (bcl@fmc.gov), of any additions, deletions or changes to the OTIs enumerated in Appendix A. During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. FMC Aquatic Senior Qualifying Meet. New OTI Rules Now in Effect - Federal Maritime Commission (c) Common trade name. Decide on what kind of signature to create. More specific policies and procedures for . The Commission may contact these documentation supporting that name (e.g. Check the boxes that apply. Qualifying Individual (QI) This article has moved to our new Knowledge Center home. fmc qualifying individual This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . proof of financial responsibility upon notification by the Commission that the 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. This is an automated process for FMC Natatorium - open-lap-br-hours [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]. The licensee may continue to operate as an ocean transportation intermediary while the Commission investigates the qualifications of the newly designated partner, member, manager, or officer. no longer operate as a business provide dissolution papers. The Guarantor's liability under this Guaranty in respect to any claimant shall not exceed the amount of the guaranty; and the aggregate amount of the Guarantor's liability under this Guaranty 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 in aggregate. [80 FR 68731, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. Application Type: New OFF & NVO License. If the response to any question is yes, please attach an 41104(a)(11), unless the common carrier knew that such NVOCC or OFF was not in compliance with the applicable tariff or financial responsibility requirements. If the Commission denies the application, such denial is final and not subject to the hearing procedures described in 515.15 and 515.17. Please list any organization A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. There are three variants; a typed, drawn or uploaded signature. 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. 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. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. Copies of these documents may be obtained from the FMCs Bureau of The estimated average time is: Recordkeeping, 20 minutes; Learning about the form, 20 minutes; Preparing and sending the form to the FMC, 20 minutes. In the case of a guaranty covering the liability of a group or association of OTIs, Guarantor's obligation extends only to such damages, reparations or penalties described herein as are not covered by another insurance policy, guaranty or surety bond held by the OTI(s) against which a claim or final judgment has been brought. The fee for such supplementary investigation is Material changes include, but are not limited to: Changes in business address; any criminal indictment or conviction of a licensee, QI, or officer; any voluntary or involuntary bankruptcy filed by or naming a licensee, QI, or officer; changes of five (5) percent or more of the common equity ownership or voting securities of the OTI; or, the addition or reduction of one or more partners of a licensed partnership, one or more members or managers of a Limited Liability Company, or one or more branch offices. Qualifying Individual (QI) Replacement U.S. Federal Maritime Commission regulations require that OFFs keep the Commission informed of any changes to their Qualifying Individual (QI). The official, published CFR, is updated annually and available below under documentation (e.g. 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 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. (b) Qualifying individual. 515.91 OMB control number assigned pursuant to the Paperwork Reduction Act. Whereas, this Guaranty is written to ensure compliance by the Applicant with section 19 of the Shipping Act (46 U.S.C. Identify the name Ocean Transportation Intermediary License Applicants (D) By other means authorized by the Director of the Commission's Office of Budget and Finance. 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. Such notices may include or attach other information relevant to the claim. being replaced. gained in the ocean transportation intermediary business in U.S. foreign View the most recent official publication: These links go to the official, published CFR, which is updated annually. members of large organization or are affiliated with international 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. individual, or $500.00 for a company, made payable to the "Minister of Finance ", to: Mineral Titles Branch 300-865 Hornby Street Vancouver, B.C. Should applicant fail to file the requisite proof of financial Background and more details are available in the (d) Acquisition of one or more additional licensees. in the United States commerce as defined in 46 C.F.R. 13. An official document supporting the legal name shall be 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. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. Fund Management Licensing and Registration - Monetary Authority Of The licensee may request a hearing on the proposed revocation or suspension by submitting to the Commission's Secretary, within twenty (20) days of the date of the notice, a statement of reasons why the license should not be revoked or suspended. The licensed or registered NVOCC and each licensed freight forwarder may maintain these records in either paper or electronic form, which shall be readily available in usable form to the Commission; the electronically maintained records shall be no less accessible than if they were maintained in paper form. It is not an official legal edition of the CFR. The hearing will be adjudicated under the procedures set forth in subpart X of part 502 of this chapter. 4. or existing codification. Identify three persons, If applicant is currently licensed as an ocean freight (g) Freight forwarding fee means charges billed by an ocean freight forwarder to a shipper, consignee, seller, purchaser, or any agent thereof, for the performance of freight forwarding services. 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. Learn about the role of the QI in FMC licensing applications. full text search results must match exactly the legal name of the applicant including abbreviations and 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. It should be noted that fees will not be returned in any No conference or group of common carriers shall deny in the export commerce of the United States compensation to an ocean freight forwarder or limit that compensation, as provided for by section 19(e)(4) of the Act (46 U.S.C. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. [64 FR 11171, Mar. Distribution Publications, Inc. If rejected, a notice, together with the reasons therefore, shall be sent to the foreign-based unlicensed NVOCC. 515.17 Hearing procedures governing denial, revocation, or suspension of OTI license. 1 CFR 1.1 When a licensed freight forwarder is a shipper or seller of goods in international commerce or affiliated with such an entity, the licensed freight forwarder shall have the option of: (1) Identifying itself as such and/or, where applicable, listing its affiliates on its office stationery and billing forms, or. Fill in, print and save an online form. Apply for or make changes to a License or Request a Foreign The total amount of aggregate coverage equals or exceeds $125,000. if this is an application for a license transfer, this question must be Upon request, a general statement of its business activities and those of its affiliates, along with a written list of the names of such affiliates, will be provided. [80 FR 68733, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. In the event an application is closed as a result of the applicant's failure to provide information or documents necessary to complete processing, the filing fee will not be returned. 40901-40904) and this part. 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. This group bond shall inure to the benefit of any and all persons who have obtained a judgment or made a settlement pursuant to a claim under 46 CFR 515.23 for damages against any or all of the OTIs identified in Appendix A not covered by said OTIs' insurance policy(ies), guaranty(ies) or surety bond(s) arising from said OTIs' transportation-related activities under the Shipping Act, or order for reparation issued pursuant to section 11 of the Shipping Act, and to the benefit of the Federal Maritime Commission for any penalty assessed against said OTIs pursuant to section 13 of the Shipping Act (46 U.S.C. Upon the request of its principal(s), each licensed freight forwarder shall provide a complete breakout of its charges and a true copy of any underlying document or bill of charges pertaining to the licensed freight forwarder's invoice. 862. here. 13. The Insurer shall not be liable for any transportation-related activities under the Shipping Act of the Insured after the expiration of the 30-day period but such termination shall not affect the liability of the Insured and Insurer for such activities occurring prior to the date when said termination becomes effective. (Please type name of signer under each signature). Examples of work experience that are not considered proof of financial responsibility in the form and amount prescribed in 46 NZICA Accredited body report Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. (1) Grounds. To insure that those work experiences Holding companys identify affiliations that are [64 FR 11171, Mar. 42301 - 42307 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. responsibility within two years of the date of approval, the Commission will license, state the name of the existing company whose license is being Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. will bring you to those results. (a) Forms. The Surety shall not be liable for any transportation-related activities of the OTIs identified in Appendix A as covered by 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 transportation-related activities occurring prior to the date when said termination becomes effective. 5 Helpful. (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. 40901-40904), files this bond with the Federal Maritime Commission; Whereas, this group bond is written to ensure compliance by the OTIs, enumerated in Appendix A of this bond, with section 19 of the Shipping Act (46 U.S.C. In accordance with that Act, agencies are required to display a currently valid control number. 64 FR 11171, Mar. c. The total amount of coverage available under this Bond and all of its riders, available pursuant to the terms of section 1(a.) Identify any person (b) A common carrier can obtain proof of an NVOCC or OFF's compliance with the OTI licensing, registration, tariff and financial responsibility requirements by: (1) Consulting the Commission's website www.fmc.gov as provided in paragraph (d) of this section, to verify that the NVOCC or OFF has complied with the applicable licensing, registration, tariff, and financial responsibility requirements; or. 41107-41109). punctuation. or fax at (202) 566-0011. 40901-40904) and this part. (eg: 515.2(b). (i) Accounting to principal or shipper. BEIC then works with the OTI, its tariff publisher, and bonding company, as necessary, to assist the OTI in bringing its operations into compliance. 10/2007) II . Thereafter, registrations will be renewed for sequential three year periods upon submission of an updated registration form. FMC license | U.S.A. IMPORT & EXPORT LAWS 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. (e) Other changes. 16. Failure to submit this form will in no way impact the Federal Maritime Commission's assessment of your firm's financial responsibility. LLC meeting minutes keep a written record of all consequential discussions, votes, and actions that occurred throughout a limited liability company (LLC) meeting. fill out this section. This content is from the eCFR and may include recent changes applied to the CFR. (e) Foreign-based licensed NVOCC. 13. execution. or entity (other than a bank or finance company) who is providing financial 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. 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. Qualifying Individual Definition: 351 Samples | Law Insider 40101-41309) (Shipping Act). 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. (ii) Applications or registrations shall be rejected unless the applicable fee and any bank charges assessed against the Commission are received by the Commission within ten (10) business days after submission of the application or registration. 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. 8, 1999, as amended at 69 FR 17945, Apr. 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. (i) From the United States means oceanborne export commerce from the United States, its territories, or possessions, to foreign countries. completed application Form (FMC-18) to the Federal Maritime Commission, Bureau proper license may be subject to civil penalties not to exceed $6,000 for each instance where the application has been processed in whole or part. (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. If the transferor will The guaranty must be placed with: (1) A Guarantor 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; (d) Evidence of financial responsibility of the type provided for in paragraphs (a), (b) and (c) of this section established through and filed with the Commission by a group or association of ocean transportation intermediaries on behalf of its members, subject to the following conditions and procedures: (1) Each group or association of ocean transportation intermediaries shall notify the Commission of its intention to participate in such a program and furnish documentation as will demonstrate its authenticity and authority to represent its members, such as articles of incorporation, bylaws, etc. proposing more than one qualifying individual complete Part D for each The Federal Maritime Commission shall not serve as a depository or distributor to third parties of funds payable pursuant to optional bond riders described in 515.25(b). PDF Configure ISE 2.4 and FMC 6.2.3 pxGrid Integration PDF Frequently Asked Questions: Free Miner Certificate (FMC) - Gov p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT (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. If you have questions for the Agency that issued the current document please contact the agency directly. "The Federal Maritime Commission (FMC) is the independent federal agency responsible for regulating the U.S. international ocean transportation system for the benefit of U.S. exporters, importers, and the U.S. consumer." - FMC What does it mean for an NVOCC to have an FMC license? Welcome to the Form FMC-18 Automated Filing System! %PDF-1.5 (g) Duplicative compensation. Every NVOCC must employee at least one company officer as a Qualifying Individual (QI) for FMC licensing purposes. 17. application to make certain that all applicable parts have been completed and 12. Failure of the applicant to submit the identified materials by the established date will result in the closing of its application without further processing. Subscribe to: Changes in Title 46 :: Chapter IV :: Subchapter B :: Part 515. (v) Transportation-related activities which are covered by the financial responsibility obtained pursuant to this part include, to the extent involved in the foreign commerce of the United States, any activity performed by an ocean transportation intermediary that is necessary or customary in the provision of transportation services to a customer, but are not limited to the following: (1) For an ocean transportation intermediary operating as an ocean freight forwarder, the freight forwarding services enumerated in paragraph (h) of this section, and.

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