For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. Exception: A licensed freight forwarder may perform freight forwarding services for recognized relief agencies or charitable organizations, which are designated as such in the tariff of the common carrier, free of charge or at reduced fees. %%EOF During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. Individual Retirement Accounts (IRAS) Forms and applications needed to open a new IRA account, make changes to an existing account, or close an account. (5) Failure to honor the licensee's financial obligations to the Commission. Each applicant shall be investigated in accordance with 515.13. firm, please identify the person/firm and explain the relationship, e.g. Featured links. 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. The qualifying individual of one active licensee shall not also be designated as the qualifying individual of an applicant for another ocean transportation intermediary license, unless both entities are commonly owned or where one directly controls the other. (a) Notice of shipper affiliation. This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . Decide on what kind of signature to create. result, it may not include the most recent changes applied to the CFR. forwarder or an NVOCC, please include your license and bond numbers. - Complete the ISE configuration and test. 155.1026 Qualified individual and alternate qualified individual. Application For Replacing The Qualifying Individual - California 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. 11. This content is from the eCFR and is authoritative but unofficial. 4 0 obj Solved: Integrating FMC with ISE - Cisco Community OMB control number assigned pursuant to the Paperwork Reduction Act. 33 CFR 155.1026 - Qualified individual and alternate qualified 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. Jeannie Knudson. Corporations must list the name and title of each 41107-41109). application for a name change or license transfer, please enter the name of the 46 CFR 515.12 - LII / Legal Information Institute endobj (1) A licensee operating as an NVOCC and a freight forwarder, or a person related thereto, may collect compensation when, and only when, the following certification is made together with the certification required under paragraph (c) of this section: The undersigned certifies that neither it nor any related person has issued a bill of lading or otherwise undertaken common carrier responsibility as a non-vessel-operating common carrier for the ocean transportation of the shipment covered by this bill of lading. 17. Clarification on eligibility to be a Qualified Individual when partnerships are involved. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. It should be noted that fees will not be returned in any applications. Failure Please list any organization A common carrier may pay compensation to a licensed freight forwarder only pursuant to such common carrier's tariff provisions. Submit electronically Form FMC-18: Application for a License as an Ocean Transportation Intermediary. (a) This part sets forth regulations providing for the licensing and registration as ocean transportation intermediaries of persons who wish to carry on the business of providing intermediary services, including the grounds and procedures for revocation and suspension of licenses and registrations. the name of your existing company, the new name of the company should appear (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. No license will be issued until the Commission is in receipt of valid proof of financial responsibility. (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. If this is an PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE . An applicant that previously held an OTI license that was revoked or Track record and fund management expertise of the applicant and its parent company or major shareholders. 14. means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. The identity of the shipper must always be disclosed in the shipper identification box on the bill of lading. documentation supporting that name (e.g. 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. Every NVOCC must employee at least one company officer as a Qualifying Individual (QI) for FMC licensing purposes. The FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. 2. 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. being replaced. Bond of Qualifying Individual | ccisbonds.com | ccisbonds.com required to be listed. When a claimant seeks payment under this section, it simultaneously shall notify both the financial responsibility provider and the ocean transportation intermediary of the claim by mail or courier service. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. 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. But only an HSA lets you take tax-free distributions for qualified medical expenses. States or abroad. 15. Qualifying Individual Definition: 351 Samples | Law Insider 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. telephone at(202) 523-5843 (Office of Transportation Intermediaries) or by fax 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. you can't claim him or her as a dependent not a qualifying person. eCFR :: 46 CFR Part 515 Subpart B -- Eligibility and Procedure for 515.2(i), (g) Response to requests of Commission. The compliance audit also may include review of entities holding themselves out as vessel-operating common carriers (VOCCs) where Commission staff can find no indication of current vessel operations. This PDF Help Document Template receipt of the proof of financial responsibility, the Commission will, at its "Published Edition". An official document supporting the legal name shall be The renewal date (month/day) will remain the same for subsequent renewals irrespective of the date on which the license renewal is submitted or when the renewal is accepted by the Commission, unless another renewal date is assigned by the Commission. (d) Invoices; documents available upon request. Thereafter, registrations will be renewed for sequential three year periods upon submission of an updated registration form. 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. 515.23 Claims against an ocean transportation intermediary. 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. 13. here. (2) Where information identified in an OTI's license renewal process is changed from that set out in its current Form FMC-18 and requires Commission approval pursuant to 515.20, the licensee must promptly submit a request for such approval on Form FMC-18 together with the required filing fee. The underwriting Surety will promptly notify the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, in writing by mail or email (bcl@fmc.gov), of all claims made, lawsuits filed, judgments rendered, and payments made against this group bond. 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. In witness whereof we have hereunto set our hands and seals on this day ____ of ____________, 20____, By: ________________________________________________, Optional Rider for Additional NVOCC Financial Responsibility for Group Bonds [Optional Rider to Form FMC-69]. Please click here to be redirected. A person must be given the opportunity to choose which benefit they prefer . The Commission may contact these In the event an applicant fails to provide documents or information necessary to complete processing of its application, notice will be sent to the applicant identifying the necessary information and documents and establishing a date for submission by the applicant. You may Claims against an ocean transportation intermediary. legal name of the applicant must be shown in this section. indicate old name or transferor. The QI program helps pay your Part B premiums. Failure to submit this form will in no way impact the Federal Maritime Commission's assessment of your firm's financial responsibility. proof of legal name) and include the proper fee. If you are changing your existing corporations business structure do not For more information about registering with the FMC as a mediator please see . FEDERAL MARITIME COMMISSION . You can learn more about the process Length of qualifying ocean transportation . ( q) Reduced forwarding fees means charges to a principal for forwarding services that are below the licensed ocean freight forwarder's usual charges for such services. The section also explains the General Duties for The acceptance or solicitation of any other shipments is expressly prohibited until a new license has been issued. boxes are not acceptable as a business address, but may be used for receipt of Applicants January 23, 2023 - Federal Maritime Commission U.S.-based companies or sole proprietors operating as Ocean Freight Forwarders (OFF) or Non-Vessel-Operating Common Carriers (NVOCCs) are required to obtain a license from the FMC. 41107-41109). (2) Hearing procedure. if this is an application for a license transfer, this question must be 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. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. transferring licensee.). 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. intermediaries (OTI). (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. Each day of a continuing violation shall constitute a separate violation. - Copy those files (fmc.key and fmc.csr) off the FMC. 9. 515.21 Financial responsibility requirements. Electronic certification must contain confirmations by the forwarder and the carrier identifying the shipments upon which forwarding compensation may be paid. 515.2(b). (c) Operation after retirement, resignation, or death of QI. Filing of proof of financial responsibility. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. A separate file shall be maintained for each shipment. Prior to the date it commences furnishing ocean transportation intermediary services, every ocean transportation intermediary shall establish its financial responsibility for the purpose of this part by one of the following methods: (a) Surety bond, by filing with the Commission a valid bond on Form FMC-48. week. individual. Under FRP, what is the definition of a qualified individual? QI Information - DPI Courses transferred (if only part is being transferred list the parts). A separate drafting site learn more about the process here. 515.42 Forwarder and carrier compensation; fees. The following changes in an existing licensee's organization require prior approval of the Commission, and application for such status change or license transfer shall be made on Form FMC-18, filed with the Commission's Bureau of Certification and Licensing, and accompanied by the fee required under 515.5(c): (1) Transfer of a corporate license to another person; (2) Change in ownership of a sole proprietorship; (3) Any change in the business structure of a licensee from or to a sole proprietorship, partnership, limited liability company, or corporation, whether or not such change involves a change in ownership; (4) Any change in a licensee's name, including adding or deleting a trade name relating to its OTI services; or.
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