PDF Who Is a Qualifying Person Qualifying You To File as Head of Household? ZI])(. You may at (202) 566-0011. (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. execution. 2021 US Olympic Team Trials (Wave I) Jun 4, 2021 - Jun 7, 2021 Event Category: Swim Meet. Proof of the position of the qualifying individual within the company, such as corporate minutes appointing that individual as an officer of the company or other official documentation demonstrating the qualifying individual's position. Electronic certification must contain confirmations by the forwarder and the carrier identifying the shipments upon which forwarding compensation may be paid. (b) Rejection. - Complete the ISE configuration and test. Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission. Whenever a license has been revoked or an application has been denied because the Commission has found the licensee or applicant to be not qualified to render ocean transportation intermediary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. To qualify for any of the three types of OTI license 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. Now, Therefore, The condition of this obligation is that the penalty amount of 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 or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. Application Type: New OFF License. The valid control number for this collection of information is 3072-0018. SAF/FM is composed of four directorates, or "3-Letter" organizations, each . place of business (must be the physical address of applicant). must be attached to the Form FMC-18 with the initial application. (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. If you are changing your existing corporations business structure do not commerce. 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. Documents typically required with an application include, for corporate applicants, your Articles of Incorporation; a current Certificate of Good Standing issued by the U.S. State or jurisdiction in which you do business; a Fictitious Name Statement if you propose to operate under a trade name or dba ; and a Corporate Resolution or minutes of A true copy, or if oral, a true and complete memorandum, of every special arrangement or contract between a licensed freight forwarder and a principal, or modification or cancellation thereof. Charges for such forwarding services shall be assessed in conformance with the carrier's published tariffs. How to Amend the Title/Business Address for an Existing Qualifying Individual 1. 3. A group or association of ocean transportation intermediaries may also file an optional bond rider as provided in 515.25(b). must match exactly the legal name of the applicant including abbreviations and 3411; 21 U.S.C. 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. Holding companys identify affiliations that are Agreement can be used. Each licensed or registered NVOCC and each licensed ocean freight forwarder shall maintain in an orderly and systematic manner, and keep current and correct, all records and books of account in connection with its OTI business. (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. If the applicant is The applicant sole proprietor. shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). MIC Freight Brokers, Inc (OFF), 8201 NW 66th Street, #6, Miami, FL 33166. The application process includes detailed reporting of your company's organizational structure and management. A rider to the bond should list the qualifying branch address in the United States. (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. 5. Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. (ii) Only with respect to those commodities. (2) Fees under this part shall be as follows: (i) Application for new OTI license as required by 515.12(a): Filing $250. (5) Failure to honor the licensee's financial obligations to the Commission. of this rider, equals $____. receipt of the proof of financial responsibility, the Commission will, at its 1, January 20, 2003. Persons operating without the *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. (c) Information provided to the principal. 14 CFR 382.3 - What do the terms in this rule mean? 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. We recommend you directly contact the agency responsible for the content in question. C.F.R. [64 FR 11171, Mar. Qualifying Individual (QI) What does it take to be a Qualifying Individual (QI)? When the licensee's or registrant's name appears on shipping documents, its Commission license or registration number shall also be included. 6. endobj The common carrier shall be entitled to rely on such certification unless it knows that the certification is incorrect. to include the proper fee with your application will cause it to be returned (1) The licensee shall submit the renewal electronically to the Director of the Bureau of Certification and Licensing (BCL) no later than the renewal date as published on the Commission website. months lapse between the date of notification of approval of an application and Failure to reflect OTIs name and license number on OTIs shipping documents; Inadequate or retroactive NVOCC Rate Arrangement (NRA); and, Failure to maintain Qualifying Individual (QI) as current officer of company. 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. (c) Common carriers. completed. 8, 1999, as amended at 80 FR 68734, Nov. 5, 2015]. (g) Termination or suspension of registration -. Fund Management Licensing and Registration - Monetary Authority Of documentation (e.g. 46 CFR 515.11 - Basic requirements for licensing; eligibility. (i) Compensation; beneficial interest. The eCFR is displayed with paragraphs split and indented to follow also telephone BCL, Office of Transportation Intermediaries, at (202) 523-5843 Federal Maritime Commission - Reginfo.gov apply. 17. 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. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT (1) Any person who wishes to obtain a license to operate as an ocean transportation intermediary shall submit electronically a completed application Form FMC-18 (Application for a License as an Ocean Transportation Intermediary) in accordance with the automated FMC-18 filing system and corresponding instructions. ever held a license as an ocean transportation intermediary (OFF or NVOCC), or Basic requirements for licensing; eligibility. (e) Changes in fact. 2. 515.17 Hearing procedures governing denial, revocation, or suspension of OTI license. Replacement or additional qualifying individual. 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. documentation supporting that name (e.g. Check the of Page 10 pertaining to the distribution or possession of a controlled If you have any questions regarding the OTI list, please contact Commission staff at (202) 523-5787 515.2(i) and (l) of the (d) Invoices; documents available upon request. As a 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. 305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-41307; Pub. 515.42 Forwarder and carrier compensation; fees. (b) Group financial responsibility. All subsequent renewals will take place on regular three-year intervals. The following condition is added to this Bond: a. Describe applicant's It should be noted that fees will not be returned in any (f) Registered NVOCCs must report in writing to BCL any changes, within 30 days of such changes, to: legal name(s) or trade name(s); principal place of business address (including telephone number, facsimile number); contact person and email address (including physical address if different from principal place of business); name of resident agent(s) (including physical address, mailing address, email address, telephone and facsimile number(s), and contact person) in the United States for receipt of service of judicial and administrative process (including subpoenas). 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. The following individuals must qualify the applicant for a license: (1) Sole proprietorship. The effectiveness of such a registration may otherwise be terminated or suspended, after notice and the opportunity for a hearing, for any of the following reasons: (i) 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; (ii) Failure to respond to any lawful order or inquiry by the Commission or an authorized Commission representative; (iii) Making a materially false or misleading statement to the Commission in connection with a registration or renewal thereof; (iv) Failure to honor financial obligations to the Commission; (v) Failure to timely renew a registration; (vi) Failure to maintain a Form FMC-1 or a tariff in compliance with 46 CFR part 520; (vii) Knowingly and willfully accepting cargo from or transporting cargo for the account of: (A) an NVOCC that does not have a published tariff as required by 46 U.S.C. 46 CFR 515.12 - LII / Legal Information Institute 2022 Distribution-Publications, Inc. All rights reserved. (h) Express written authority. Clearly mark supplemental pages 1A, 2B, A license is not required in the following circumstances: (a) Shippers. an ocean transportation intermediary license. No license or registration shall remain in effect unless valid proof of a financial responsibility instrument is maintained on file with the Commission. 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. A license will be issued after the Commission has received acceptable (b) Types of services by shipment. OMB control number assigned pursuant to the Paperwork Reduction Act. conglomerates must submit a list of all subsidiaries and affiliations printed Create your signature and click Ok. Press Done. The required certification may be provided electronically by the forwarder or may be placed on one copy of the relevant bill of lading, a summary statement from the forwarder, the forwarder's compensation invoice, or as an endorsement on the carrier's compensation check. 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. (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. (k) Non-vessel-operating common carrier services refers to the provision of transportation by water of cargo between the United States and a foreign country for compensation without operating the vessels by which the transportation is provided, and may include, but are not limited to, the following: (1) Purchasing transportation services from a common carrier and offering such services for resale to other persons; (2) Payment of port-to-port or multimodal transportation charges; (3) Entering into affreightment agreements with underlying shippers; (4) Issuing bills of lading or other shipping documents; (5) Assisting with clearing shipments in accordance with U.S. government regulations; (6) Arranging for inland transportation and paying for inland freight charges on through transportation movements; (7) Paying lawful compensation to ocean freight forwarders; (8) Coordinating the movement of shipments between origin or destination and vessel; (10) Entering into arrangements with origin or destination agents; (11) Collecting freight monies from shippers and paying common carriers as a shipper on NVOCC's own behalf. Investing in You | Fairfield Medical Center Learn about the role of the QI in FMC licensing applications. The financial responsibility provider shall pay such judgment for damages only to the extent they arise from the transportation-related activities of the ocean transportation intermediary, ordinarily within thirty (30) days, without requiring further evidence related to the validity of the claim; it may, however, inquire into the extent to which the judgment for damages arises from the ocean transportation intermediary's transportation-related activities. 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. (b) To whom issued. 41107-41109). [80 FR 68734, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. needed to respond to Parts B, D, or E, please photocopy the appropriate page must be completed depending on the particular transaction as follows: All Applications must be telephone at(202) 523-5843 (Office of Transportation Intermediaries) or by fax 4 0 obj However, minutes can serve as a useful summary of the meeting for future business-related reference. US (m) Ocean transportation intermediary (OTI) means an ocean freight forwarder or a non-vessel-operating common carrier. transferred (if only part is being transferred list the parts). Title 46 was last amended 2/27/2023. the qualifying individual is a corporate officer or partner, attach If you are changing your PDF Help Document Template If you work for a Federal agency, use this drafting (g) Response to requests of Commission. No application fee is required when reporting this change. eCFR :: 46 CFR Part 515 -- Licensing, Registration, Financial hk%ZAK eV.U-tx 9U2yL2`1S1Oq/TQ!QhSUv*[N%6ZSE]bnYZqduN1MnTV,~O?Sny}>}Soj{}oyq^n?O'o|Y9lpw_O-7_|O_}(MMcP?7qvy7oyhDtw_Kx]AwNlo_/N7w?o>}s#uzL9o_f-UOGvozex}1vjZ?NmV*ROS7Lkx6rz{-vcbI{k0&4oC>p2FfL.w4^YtT{yFqSNccOQDD|=!l{kgqiCzB{i'zI}BsD&q6~SF8%M@l)$&,6*&0V@0!6sh}3Fl0 &4?9}[#9!%ZIs;nR)Fc;K_DkG4%(6'7y2HtV&HkGc[}kov-DwWLr4jmSMf$xcz(?u 'GekkdClO`=X*{68V-v5q. The Qualifying Individual or QI program is a Medicare savings program (MSP). 515.91 OMB control number assigned pursuant to the Paperwork Reduction Act. The identity of the shipper must always be disclosed in the shipper identification box on the bill of lading. 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. 1 CFR 1.1 Contact your local broker Management Officer or the Broker Management Branch for inquiries on the change of address to: Broker Management Branch. (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. B. individual. Whereas, the Insurance is written to assure compliance by the Insured with section 19 of the Shipping Act (46 U.S.C.