Click the Save button (see Figure 5). 515.21 of the Commission's ocean transportation intermediary ), Ocean Transportation Intermediary (OTI) Insurance, Form Furnished as Evidence of Financial Responsibility. qualifying individual, other officer, director, partner, member, stockholder, (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. If the response to any question is yes, please attach an Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. Hearing procedures governing denial, revocation, or suspension of OTI license. in the group's annual report. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). 2. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. This evidence of financial responsibility shall be accompanied by: in the case of a financial rating, the Guarantor's financial rating on the rating organization's letterhead or designated form; in the case of a guaranty provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's; and in the case of a guaranty 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. proper license may be subject to civil penalties not to exceed $6,000 for each An additional condition of this Bond is that $____ (payable in U.S. All application forms (FMC-18) are now filed electronically. The Principal or the Surety may at any time terminate this Rider by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, accompanied by proof of transmission of notice to MOC. violation. 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. Sole proprietorships must show 1, January 20, 2003. b. the qualifying individual is a corporate officer or partner, attach For an LLC, the names of the managers, members or officers, as applicable, may be published. The qualifying individuals experience must have been gained in the United States. (2) Including the following notice on such items: This company is a shipper or seller of goods in international commerce or is affiliated with such an entity. All application forms (FMC-18) are now filed electronically. of the applicant that perform OTI services. APPLICATION PROCESS FOR NON-U.S.-BASED NVOCCS THAT CHOOSES TO BE . performed by the qualifying individual. The Surety shall not be liable for fines or penalties imposed on 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 fine or penalty imposed prior to the date when said termination becomes effective. 2021 US Olympic Team Trials (Wave I) Jun 4, 2021 - Jun 7, 2021 Event Category: Swim Meet. (c) Has made any materially false or misleading statement to the Commission in connection with its application; then, a notice of intent to deny the application shall be sent to the applicant stating the reason(s) why the Commission intends to deny the application. have any questions, please call BCL, Office of Transportation Intermediaries at Any unreported change may delay the processing and investigation of the application and result in rejection, closing, or denial of the application. by money order, certified check, cashier's check, or personal check made trade name or adding a trade name, you must attach the appropriate The complete 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. Individual Retirement Accounts (IRAS) Forms and applications needed to open a new IRA account, make changes to an existing account, or close an account. Replacement or additional qualifying individual. 16. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. The Commission will issue a license only in the name of the applicant, whether the applicant is a sole proprietorship, a partnership, a corporation, or limited liability company. 401 (k) vs. HSA. (See 46 C.F.R. Such notices may include or attach other information relevant to the claim. 41107-41109). (b) Stationery and billing forms. . (m) Ocean transportation intermediary (OTI) means an ocean freight forwarder or a non-vessel-operating common carrier. (e) False or fraudulent claims, false information. OTI experience obtained outside the US .) 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. [64 FR 11171, Mar. Failure to comply with No licensed freight forwarder, or employee thereof, shall accept compensation from a common carrier which is different from that specifically provided for in the carrier's effective tariff(s). The Guarantor's liability under this Guaranty shall attach only in respect of such activities giving rise to a cause of action against the Applicant, in respect of any of its transportation-related activities under the Shipping Act, occurring after the Guaranty has become effective, and before the expiration date of this Guaranty, which shall be the date thirty (30) days after the date of receipt of mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, that either Applicant or the Guarantor has elected to terminate this Guaranty. US persons to verify the information set forth on the Form FMC-18. The Register can be searched here. Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission. 3. here. (b) Certification required for compensation. Study with Quizlet and memorize flashcards containing terms like Type AC cable is permitted in, Listed FMC and LFMC shall contain an equipment grounding conductor if the raceway is installed for the reason of, Cable________ made and insulated by approved methods can be located within a cable tray provided they are accessible, and do not project above the side rails where the splices are . 40902 and this part; and. Show the total number of years of the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of transferred (if only part is being transferred list the parts). 41107-41109). (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. A license is not required in the following circumstances: (a) Shippers. endobj 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. 7. conglomerates must submit a list of all subsidiaries and affiliations printed The Surety shall not be liable for fines or penalties imposed on 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 fine or penalty imposed prior to the date when said termination becomes effective. Define Qualifying Individual. The OTI must timely replace the QI, as provided by the Commission's . A current running account of all receipts and disbursements, accounts receivable and payable, and daily cash balances, supported by appropriate books of account, bank deposit slips, canceled checks, and monthly reconciliation of bank statements. You may (b) For purposes of this part, a person is considered to be in the United States if such person is resident in, or incorporated or established under, the laws of the United States. . If rejected, a notice, together with the reasons therefore, shall be sent to the foreign-based unlicensed NVOCC. Use a different letter for each qualifying individual (i.e., A5, 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. Except for the automatic revocation for termination of proof of financial responsibility under 515.26, a license may be revoked or suspended after notice and an opportunity for a hearing under the procedures of 515.17. Updated June 20, 2022. 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. 7. no longer operate as a business provide dissolution papers. endobj 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. Licensing, Registration and/or Proof of Financial Responsibility, Competition and Integrity for Americas Ocean Supply Chain, Apply for or make changes to a License or Request a Foreign Registration, Ocean Shipping Reform Act of 2022 (OSRA) Implementation, Foreign NVOCC Registration Status Changes, Consumer Affairs & Dispute Resolution Services, Historical Federal Maritime Commission Reports, Vessel-Operating Common Carrier (VOCC) Audit Program. 41107-41109). 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. 515.18 Application after revocation or denial. Check the boxes that apply. 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. 41107-41109). qualify, it is suggested that you review 46 C.F.R. A license number should be provided only by those persons who are already A common carrier, or agent thereof, may perform ocean freight forwarding services without a license only with respect to cargo carried under such carrier's own bill of lading. (2) An OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. Unlike corporations, LLCs are not required by state law to track meeting minutes upon convening. 40902 and this part; or, (B) an OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. (e) Electronic data interchange. If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. 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 experience acquired in the U.S. or a foreign country with respect to shipments in the United States oceanborne foreign commerce. The Principal or the Surety may at any time terminate this Rider by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, accompanied by proof of transmission of notice to MOC. Bonds must be issued by a surety company found acceptable by the Secretary of the Treasury; (b) Insurance, by filing with the Commission evidence of insurance on Form FMC-67. The common carrier shall retain such certifications for a period of five (5) years. (b) The qualified individual and alternate must - 41301-41302, 41305-41307(a)), or any penalty assessed against the Applicant pursuant to section 13 of the Shipping Act (46 U.S.C. Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. Ocean Transportation Intermediary (OTI) Bond Form [Form 48], Ocean Transportation Intermediary (OTI) Insurance Form [Form 67], Ocean Transportation Intermediary (OTI) Guaranty Form [Form 68], Ocean Transportation Intermediary (OTI) Group Bond Form [FMC-69], Optional Rider for Additional NVOCC Financial Responsibility (Optional Rider to Form FMC-48) [FORM 48A], PART 515 - LICENSING, REGISTRATION, FINANCIAL RESPONSIBILITY REQUIREMENTS AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES, Subpart B - Eligibility and Procedure for Licensing and Registration. But only an HSA lets you take tax-free distributions for qualified medical expenses. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. (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. Choosing an item from There are three variants; a typed, drawn or uploaded signature. It is not an official legal edition of the CFR. 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. 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. 8, 1999, as amended at 69 FR 17945, Apr. (d) Invoices; documents available upon request. When the licensee's or registrant's name appears on shipping documents, its Commission license or registration number shall also be included. applications. The name and license or registration number of each OTI shall be permanently imprinted on the licensee's or registrant's office stationery and billing forms. firm, please identify the person/firm and explain the relationship, e.g. Write your awesome label here. (i) Compensation; beneficial interest. Whereas, (Principal) ____ operates as a group or association of OTIs in the waterborne foreign commerce of the United States and pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. ____ [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. 15. (a) Compensation or fee sharing. Regulation Y Responsibility Requirements. (2) For an ocean transportation intermediary operating as a non-vessel-operating common carrier, the non-vessel-operating common carrier services enumerated in 515.2(k). Jun. Any application which appears upon its face to be incomplete or to indicate that the applicant fails to meet the licensing requirements of the Act, or the Commission's regulations, may be rejected and a notice shall be sent to the applicant, together with an explanation of the reasons for rejection, and the filing fee shall be refunded in full. at (202) 566-0011. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 In such cases, a group or association must establish financial responsibility in an amount equal to the lesser of the amount required by paragraph (a) of this section for each member, or $3,000,000 in aggregate. Commissions website, www.fmc.gov , or by The insurance evidenced by this undertaking shall be applicable only in relation to incidents occurring on or after the effective date and before the date termination of this undertaking becomes effective. No OTI shall endorse or negotiate any draft, check, or warrant drawn to the order of its OTI principal or shipper without the express written authority of such OTI principal or shipper. explanation of the business practices of both companies. This web site is designed for the current versions of [64 FR 11171, Mar. Holding companys identify affiliations that are 9. (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. Thereafter, registrations will be renewed for sequential three year periods upon submission of an updated registration form. 14. 515.26 Termination of financial responsibility. (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. Proof of firm's name, original and English translation. or existing codification. Everest Transportation Systems, LLC . Generally, you can expect In any instance where an application has been processed in whole or in part, the fee will not be refunded. For purposes of this paragraph, it is sufficient that a person seeking to serve process on an ocean transportation intermediary, or group of such intermediaries, affirm to the Commission's Secretary that: they have contacted, or attempted to contact, the designated agent to confirm whether it remained authorized to accept service of process; or, if no legal agent is designated in the tariff, that it has no knowledge of the identity of the ocean transportation intermediary's legal agent. 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. 0 40902 and this part; or. OTI cooperation during the audit is key to achieve prompt completion of the audit and any corrective actions. The official, published CFR, is updated annually and available below under (b) Arrangements with unauthorized persons. 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. 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. 19. If additional space is openssl req -new -key fmc.key -out fmc.csr. <>>> may occur due to the change. Thereafter, licenses will be renewed for sequential three-year periods upon successful completion of the renewal process in paragraph (d) of this section. regulations. Follow the step-by-step instructions below to design your 13a cslb form: Select the document you want to sign and click Upload. When a licensed freight forwarder is entitled to compensation, the forwarder shall provide the common carrier with a certification which indicates that the forwarder has performed the required services that entitle it to compensation. 515.42 Forwarder and carrier compensation; fees. If you have questions or are unsure, please give us a call at 630-537-1188. (c) Receipts and disbursements by shipment. (a) Grounds. (For license transfers, the information will be that of the All punch cards are non-refundable. FAR). He or she need not be a shareholder of the company, but must be an officer and a full-time employee. transferred from (transferor) and identify the company which will receive the If the Commission determines, as a result of its investigation, that the applicant: (a) Does not possess the necessary experience or character to render intermediary services; (b) Has failed to respond to any lawful inquiry of the Commission; or. OMB control number assigned pursuant to the Paperwork Reduction Act. A record of all sums received and/or disbursed by the licensee for services rendered and out-of-pocket expenses advanced in connection with each shipment, including specific dates and amounts. 46 U.S.C. 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). is also required for applications seeking approval of a change in business 1240 0 obj <>stream Neither the Principal nor the Surety shall be liable for any transportation-related activities of the OTI(s) deleted from Appendix A that occur 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 of said OTI(s) occurring prior to the date when said termination becomes effective. (d) Commission means the Federal Maritime Commission. (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. used with the Ocean Freight Forwarder (OFF) and Non-Vessel-Operating Common 64 FR 11171, Mar. 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. Licensed, Non-U.S.-based NVOCCsare required to submit proof of financial responsibility in the amount of $75,000. (1) Licenses. Whereas, the Insurance is written to assure compliance by the Insured with section 19 of the Shipping Act (46 U.S.C. If the applicant is an You can (o) Principal refers to the shipper, consignee, seller, or purchaser of property, and to anyone acting on behalf of such shipper, consignee, seller, or purchaser of property, who employs the services of a licensed freight forwarder to facilitate the ocean transportation of such property. If you work for a Federal agency, use this drafting The application must business in the United States in order to be approved. In the event that the owner of a licensed sole proprietorship dies, the licensee's executor, administrator, heir(s), or assign(s) may continue operation of such proprietorship solely with respect to shipments for which the deceased sole proprietor had undertaken to act as an ocean transportation intermediary pursuant to the existing license, if the death is reported within 30 days to the Commission and to all principals and shippers for whom services on such shipments are to be rendered.

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