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. preclude licensing. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. (b) Certification required for compensation. No license will be issued until the Commission is in receipt of valid proof of financial responsibility. (c) Failure to provide necessary information and documents. (Please type name of signer under each signature). trade name or adding a trade name, you must attach the appropriate 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. 40901-40904) and this part. 12. A non-U.S.-based NVOCC must establish a presence in the United States by opening and maintaining an unincorporated branch office that is resident in the U.S. and is qualified by the Secretary of State office (or equivalent) in the state/territory in which the company is located. (g) Response to requests of Commission. More specific policies and procedures for . Persons who have had a registration rejected may submit a new registration at any time. In the event of a claim against a group bond, the bond must be replenished up to the original amount of coverage within 30 days of payment of the claim; and, (iii) be in excess of a member's individual financial responsibility coverage already in place; and. Jun. V6Z 2G3 If your application and fees are accepted, you will be issued an FMC and client number. 11. Within 30 days of the change, Licensed or Registered NVOCCs and ocean freight forwarders must report changes to any information that was provided on their most recent application. Based on BEIC audits results for the most recent period (January June, 2017), the most common issues encountered during the course of an OTI compliance audit are: Competition and Integrity for Americas Ocean Supply Chain, Ocean Shipping Reform Act of 2022 (OSRA) Implementation, Foreign NVOCC Registration Status Changes, Consumer Affairs & Dispute Resolution Services, Apply for or make changes to a License or Request a Foreign Registration, Historical Federal Maritime Commission Reports, Vessel-Operating Common Carrier (VOCC) Audit Program, Shipping Act and other statutes and regulations within the Commissions authority, Names and information concerning Qualifying Individual(s), Nature and extent of current operations of the OTI, Failure to update Non-Vessel-Operating Common Carrier (NVOCC) rates or maintaining a tariff that contains one rate applicable to Cargo NOS. an ocean transportation intermediary license. The Guarantor hereby designates as the Guarantor's legal agent for service of process domiciled in the United States ____, with offices located in the United States at ____, for the purposes of enforcing the Guaranty described herein. application, e.g. The qualifying individual must have a minimum of three years experience in the ocean transportation intermediary business in the United States in order to be approved. 1. 41301-41302, 41305-41307(a)), and to the benefit of the Federal Maritime Commission for any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. 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. 8, 1999, unless otherwise noted. (i) Compensation; beneficial interest. write "N/A". If the violation is willfully and knowingly committed, in which case Sole proprietorships must show These rules and regulations are contained in section 19 US 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. A "Certificate of Good Standing", issued within 6 months from the 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. An applicant that previously held an OTI license that was revoked or Such amount is separate and distinct from the bond amount set forth in the first paragraph of this Bond. A person must be given the opportunity to choose which benefit they prefer . firm, please identify the person/firm and explain the relationship, e.g. 9701; 46 U.S.C. week. application for a name change or license transfer, please enter the name of the 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. 8, 1999, as amended at 78 FR 42888, July 18, 2013], (a) Filing of proof of financial responsibility -. MIC Freight Brokers, Inc (OFF), 8201 NW 66th Street, #6, Miami, FL 33166. Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. A common carrier may pay compensation to a licensed freight forwarder only pursuant to such common carrier's tariff provisions. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly 515.42 Forwarder and carrier compensation; fees. The Commissions Ocean Transportation Intermediary (OTI) Compliance Program is conducted primarily by written correspondence and directly engages the OTIs management in a quick, high-level review of the OTIs bonding level, tariff, and current operating status to determine whether additional actions are needed to comply with Commission requirements. 04. 40101-41309) (Shipping Act). This contact form is only for website help or website suggestions. Incomplete applications will be returned without processing. ( p) Qualifying individual (QI) means an individual who meets the experience and character requirements of section 19 of the Shipping Act ( 46 U.S.C. QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. 40902 and this part; and. It is a violation of the Commission's regulations implementing the Shipping Act for a foreign-based unlicensed non-vessel-operating common carrier to provide NVOCC services in the U.S. foreign trade without a valid registration and an effective tariff. c. 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. execution. Click the Save button (see Figure 5). 4. (d) Acquisition of one or more additional licensees. (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). A rider to the bond should list the qualifying branch address in the United States. application for a license as an ocean transportation intermediary has been 515.2 (i) and 515.2 (l), 515.11 (a)). If more than one insurer joins in executing this document, that action constitutes joint and several liability on the part of the insurers. qualification of the applicant. If the response to any question is yes, please attach an individual. (2) Registrations. A group or association of ocean transportation intermediaries may also file an optional bond rider as provided in 515.25(b). 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. Form FMC-65 must be filed by a non-U.S.-based-registered NVOCC if any information reported on the original Form FMC-65 has changed. attached to the Form FMC-18. 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. The Commission shall publish on the Commission's Web site, www.fmc.gov, a notice of each termination or suspension. 41107-41109), then, provided that the FMC shall have accepted, as sufficient for that purpose, the Applicant's application, supported by evidence of a financial rating for the Guarantor of Class V or higher under the Financial Size Categories of A.M. Best & Company or equivalent from an acceptable international rating organization on such rating organization's letterhead or designated form, or, in the case of Guaranty provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's, or, in the case of surplus lines insurers, documentation verifying inclusion on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners, the undersigned Guarantor certifies that it has sufficient and acceptable assets located in the United States to cover all damages arising from the transportation-related activities of the covered OTI as specified under the Shipping Act. 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. Form FMC-18 (Rev. (2) Notices described in paragraph (c)(1) of this section shall be promptly submitted in writing by mail or email (bcl@fmc.gov) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. Question 16 is an officer, director, partner, member, owner, stockholder, The qualified individual must: (1) assess the child's needs and strengths, using an age-appropriate, evidence-based, validated, functional assessment approved by the commissioner of human services; (2) determine whether the child's needs can be met by the child's family members or through placement in a family foster home; or, if not, determine . Claims against an ocean transportation intermediary. MSPs are federal programs that are administered by Medicaid in each state. (c) Form of certification. The qualifying individuals experience must have been gained in the United States. (c) Common trade name. *Prices shown are for a one year term and are based on several factors including personal credit, license history, years in business and active licensing and bonding of the qualifier. Everest Transportation Systems, LLC . Qualifying Individual (QI) This article has moved to our new Knowledge Center home. (a) Grounds. Part B, Question No. Whereas ____ (Name of Applicant [indicate whether NVOCC or Freight Forwarder]) (hereinafter Applicant) is or may become an Ocean Transportation Intermediary (OTI) subject to the Shipping Act of 1984 (46 U.S.C. This content is from the eCFR and may include recent changes applied to the CFR. is complete and our investigation does not reveal any circumstances that would Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission. 1331 Pennsylvania Avenue, NW. (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. 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. 5 Helpful. and months of ocean transportation intermediary experience that the qualifying 41107-41109). site when drafting amendatory language for Federal regulations: 13. A license issued to a sole proprietor doing business under a trade name shall be in the name of the sole proprietor, indicating the trade name under which the licensee will be conducting business. (2) Whenever a person acts in the capacity of an NVOCC as to any shipment, such person shall not collect compensation, nor shall any underlying ocean common carrier pay compensation to such person, for such shipment. A filing fee shall be paid, as required under 515.5(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. 41301-41302, 41305-41307(a)), or any penalty assessed against one or more OTI members pursuant to section 13 of the Shipping Act (46 U.S.C. The common carrier shall be entitled to rely on such certification unless it knows that the certification is incorrect. In any instance where an application has been processed in whole or in part, the fee will not be refunded. Let us help you navigate the regulatory seas! 10/2007) II . 40101 - 41309 Foreign Shipping Practices Act of 1988 - 46 U.S.C. We are also republishing a certification process pertaining to. 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. commerce. 40101-41309) (Shipping Act). (a) Licensees and registrants; names and numbers. A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 No application fee is required when reporting this change. All OTIs are responsible for requiring that, upon the request of any authorized Commission representative, their agents make available all records and books of account relating to ocean transportation intermediary service provided by or for their principals, and respond promptly to any lawful inquiries by such representative. [64 FR 11171, Mar. A second qualifying individual may qualify on behalf of the company with 5 or more years of experience or with 2 to 4 years of experience by taking an exam administered by the Division . 41107-41109). Documentation 7. 40901-40904), files this bond with the Commission; Whereas, this bond is written to ensure compliance by the Principal with section 19 of the Shipping Act (46 U.S.C. 49 CFR 172.101 The undersigned ____, as Principal and ____, as Surety do hereby agree that the existing Bond No. ; (2) Each group or association of ocean transportation intermediaries shall provide the Commission with a list certified by its Chief Executive Officer containing the names of those ocean transportation intermediaries to which it will provide coverage; the manner and amount of existing coverage each covered ocean transportation intermediary has; an indication that the existing coverage provided each ocean transportation intermediary is provided by a surety bond issued by a surety company found acceptable to the Secretary of the Treasury, or by insurance or guaranty issued by a firm meeting the requirements of paragraphs (b) or (c) of this section with coverage limits specified above in 515.21; and the name, address and facsimile number of each surety, insurer or guarantor providing coverage pursuant to this section. Submit electronically Form FMC-18: Application for a License as an Ocean Transportation Intermediary. guide. (d) Commission means the Federal Maritime Commission. OTIs. 41107-41109). 3, Part B. (d) Arrangements with ocean transportation intermediaries whose licenses have been revoked. made within 45 days from receipt of the application, assuming the application They will have to be provisionally registered with PMC before the start of . The time needed to complete and file this form will vary depending on individual circumstances. responsibility within two years of the date of approval, the Commission will Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. Comments or questions about document content can not be answered by OFR staff. 553; 31 U.S.C. documentation (e.g. Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. An OTI who has reason to believe that its principal or shipper has not, with respect to a shipment to be handled by such OTI, complied with the laws of the United States, or has made any error or misrepresentation in, or omission from, any export declaration, bill of lading, affidavit, or other document which the principal or shipper executes in connection with such shipment, shall advise its principal or shipper promptly of the suspected noncompliance, error, misrepresentation or omission, and shall decline to participate in any transaction involving such document until the matter is properly and lawfully resolved. (c) Reduced forwarding fees. Each group or association of ocean transportation intermediaries shall be responsible for requiring each member ocean transportation intermediary to provide it with valid proof of financial responsibility annually; (5) Where the group or association of ocean transportation intermediaries determines to secure on behalf of its members other forms of financial responsibility, as specified by this section, for damages, reparations or penalties not covered by a member's individual financial responsibility coverage, such additional coverage must: (i) Allow claims to be made in the United States directly against the group or association's Surety, Insurer or Guarantor for damages against each covered member ocean transportation intermediary arising from each covered member ocean transportation intermediary's transportation-related activities under the Act, or order for reparations issued pursuant to section 11 of the Act (46 U.S.C. 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. All graduates of FMC (qualified in Annual and Supplementary Final Prof MBBS Exam) desirous of doing a house job would be provided a paid house job in PAF hospitals. A license will be issued after the Commission has received acceptable The liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall aggregate the penalty of this bond, and in no event shall the Surety's total obligation hereunder exceed the amount per member OTI set forth in 46 CFR 515.21, identified in Appendix A, or the amount per group or association of OTIs set forth in 46 CFR 515.21, regardless of the number of OTIs, claims or claimants. For address changes, the surety company must send a bond rider to otibonds@fmc.gov. A licensed freight forwarder may place an employee or employees on the premises of its principal as part of the services rendered to such principal, provided: (1) The in-plant forwarder arrangement is reduced to writing and identifies all services provided by either party (whether or not constituting a freight forwarding service); states the amount of compensation to be received by either party for such services; sets forth all details concerning the procurement, maintenance or sharing of office facilities, personnel, furnishings, equipment and supplies; describes all powers of supervision or oversight of the licensee's employee(s) to be exercised by the principal; and details all procedures for the administration or management of in-plant arrangements between the parties; and. If you You should familiarize 4 0 obj (d) Federal military and civilian household goods. Note: If you are a noncustodial parent, the term "qualifying child" for head of household 11. surrendered, must complete Question No. Any person serving the Secretary must also send to the ocean transportation intermediary, or group or association of ocean transportation intermediaries which provide financial coverage for the financial responsibilities of a member ocean transportation intermediary, by mail or courier service at the ocean transportation intermediary's, or group's, address published in its tariff, a copy of each document served upon the Secretary, and shall attest to that service at the time service is made upon the Secretary. (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardio-vascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. punctuation. the response to any question is yes, please attach an explanation. The Principal or the Surety may at any time terminate this bond by mail or email (bcl@.fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. the name of the owner. the qualifying individual is a corporate officer or partner, attach 14. 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. It is highly (4) Limited liability company. Under the Auditor Regulation Act 2011, we must carry out a quality review of systems, policies, and procedures of registered audit firms and licensed auditors at least once every four years. A notice of each registration shall be published on the Commission's Web site www.fmc.gov. The Surety shall indicate that $50,000 is available to pay such fines and penalties for each NVOCC listed on appendix A to this Rider wishing to exercise this option. The licensed freight forwarder's name may appear with the name of the shipper, but the forwarder must be identified as the shipper's agent. appropriate box that applies to the applicant. copies of the Form FMC-18 and the related Surety Bond Form FMC-48, at the (d) Special contracts. For an LLC, the names of the managers, members or officers, as applicable, may be published. should be reported as soon as possible to preclude any processing delay that 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. learn more about the process here. must be attached to the Form FMC-18 with the initial application. Check the FMC-18, including any attachments, must be submitted in duplicate with all Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573-0001. contained in the Form FMC-18 must be reported to the Commission within 30 days 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. Officers: Luis A. Marquez, President, (Qualifying Individual). and continue entering the information. 5. A qualifying individual must have at least three years of demonstrable OTI experience and, depending on the applicants business structure, be an officer of the applicants corporation, the sole proprietor of a sole proprietorship, the manager or member in (respectively) a manager-managed or member-managed LLC, or a partner in a partnership. Only one license shall be issued to any applicant regardless of the number of names under which such applicant may be doing business, and except as otherwise provided in this part, such license is limited exclusively to use by the named licensee and shall not be transferred without prior Commission approval to another person. 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. The Qualifying Individuals (QIs) program is an extension of QMB. 7. 15. telephone at(202) 523-5843 (Office of Transportation Intermediaries) or by fax to receive notification that your application has been processed and a decision If you have any questions regarding the OTI list, please contact Commission staff at (202) 523-5787 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. Track record and fund management expertise of the applicant and its parent company or major shareholders. Following is a list of 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. (2) Fees under this part shall be as follows: (i) Application for new OTI license as required by 515.12(a): Filing $250. transferred from (transferor) and identify the company which will receive the Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. The OTI must timely replace the QI, as provided by the Commission's . The Register can be searched here. "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? The applicant must obtain The Bureau of Enforcement, Investigation, and Compliance (BEIC) actively fosters industry compliance with theShipping Act and other statutes and regulations within the Commissions authority. (a) Disclosure of principal. 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. (d) Designations of legal agent under paragraphs (a) and (b) of this section and provisions relating to service of process under paragraph (c) of this section shall be published in the ocean transportation intermediary's tariff, when required, in accordance with part 520 of this chapter. This document is available in the following developer friendly formats: Information and documentation can be found in our members of large organization or are affiliated with international contact BCL any time during normal working hours (8:30 am - 5 pm, EST) by US [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. The Insurer consents to be sued directly in respect of any bona fide claim owed by Insured for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act, of Insured in the event that such legal liability has not been discharged by the Insured or Insurer after a claimant has obtained a final judgment (after appeal, if any) against the Insured 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 Insured and/or Insurer pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Insurer is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant; provided, however, that Insurer's total obligation hereunder 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.