These rules and regulations are contained in section 19 515.2(i) and 515.2(l), 515.11(a)). In witness whereof we have hereunto set our hands and seals on this ____________day of ____, 20____. The Commission may also seek payment of civil penalties assessed under section 13 of the Shipping Act (46 U.S.C. (For license transfers, the information will be that of the - Download the Root Cert and Intermediate Root (if you have one) - Upload the Root + Int Root to FMC. Identify the name APPLICATION PROCESS FOR NON-U.S.-BASED NVOCCS THAT CHOOSES TO BE . All subsequent renewals will take place on regular three-year intervals. Choosing an item from (c) Affiliates of intermediaries. A foreign NVOCC seeking to be licensed under this part must demonstrate that its qualifying individual has a minimum 3 years' experience in ocean transportation intermediary activities, and the necessary character to render ocean transportation intermediary services. 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. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. (e) Every ocean transportation intermediary using a group or association of ocean transportation intermediaries to cover its financial responsibility requirement under 515.21(b) shall publish the name and address of the group or association's resident agent for receipt of judicial and administrative process, including subpoenas, in its tariff, when required, in accordance with part 520 of this chapter. 4. [64 FR 11171, Mar. 41107-41109). 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. required to be listed. 14. (b) Agents, employees, or branch offices of an ocean transportation intermediary. MSPs are federal programs that are administered by Medicaid in each state. *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. (a) Licenses. 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 bond. The licensee may continue to operate as an ocean transportation intermediary during the pendency of the Commission's approval process. FMC Aquatic Senior Qualifying Meet. months lapse between the date of notification of approval of an application and If applicant intends 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. Failure to submit this form will in no way impact the Federal Maritime Commission's assessment of your firm's financial responsibility. This is an automated process for A group or association of ocean transportation intermediaries may also file an optional bond rider as provided in 515.25(b). 515.17 Hearing procedures governing denial, revocation, or suspension of OTI license. A foreign-based NVOCC that elects to obtain a license must establish a presence in the United States by opening an unincorporated office that is resident in the United States and is qualified to do business where it is located. No application fee is required when reporting this change. The liability of the Insurer shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall aggregate the penalty of the Insurance in the amount per member OTI set forth in 46 CFR 515.21, or the amount per group or association of OTIs set forth in 46 CFR 515.21, regardless of the financial responsibility or lack thereof, or the solvency or bankruptcy, of Insured. A rider to the bond should list the qualifying branch address in the United States. (2) Utilizes, for all or part of that transportation, a vessel operating 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, chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities: (i) If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities, and. 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. What is the definition of a qualified individual? If you have questions or are unsure, please give us a call at 630-537-1188. (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 Qualifying Individual or QI program is a Medicare savings program (MSP). Agreement can be used. and the number of branch offices indicated. 40101-41309) and the rules and regulations of the Federal Maritime Commission (FMC), or is or may become a group or association of OTIs, and desires to establish its financial responsibility in accordance with section 19 of the Shipping Act (46 U.S.C. (ii) The ocean transportation intermediary fails to respond within forty-five (45) days from the date of the notice of the claim to address the validity of the claim, and the financial responsibility provider deems the claim valid. Designation of the Commission's Secretary as the legal agent shall survive any cancellation of the OTI's license or tariff and shall continue for the entire period during which claims may be made under the OTI's financial responsibility instrument. 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. 41301-41302, 41305-41307(a)), or any penalty assessed against the Insured pursuant to section 13 of the Shipping Act (46 U.S.C. When a licensed freight forwarder is employed to perform forwarding services by the agent of the person responsible for paying for such services, the licensed freight forwarder shall also transmit a copy of its invoice for services rendered to the person paying those charges. From the Qualifying Indiviuals screen . Click the Save button (see Figure 5). (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. that apply. boxes are not acceptable as a business address, but may be used for receipt of An applicant may request a hearing on the proposed denial by submitting to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the date of the notice, a statement of reasons why the application should not be denied. No fee shall be charged for reporting such changes. The Medicare . (i) Accounting to principal or shipper. 1221 0 obj <>/Filter/FlateDecode/ID[<771312062B97CA4C8DD3E39D25FD9618>]/Index[1208 33]/Info 1207 0 R/Length 83/Prev 603469/Root 1209 0 R/Size 1241/Type/XRef/W[1 3 1]>>stream Attach all supporting APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 515.91 OMB control number assigned pursuant to the Paperwork Reduction Act. 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. (2) Fees under this part shall be as follows: (i) Application for new OTI license as required by 515.12(a): Filing $250. by money order, certified check, cashier's check, or personal check made The Commission shall publish on the Commission's Web site www.fmc.gov notice of each revocation and suspension. 515.2(i) and (l) of the Footnotes 1 A person can't qualify more than one taxpayer to use the head of household filing status for the year. 4 0 obj (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. formatting. SAF/FM is composed of four directorates, or "3-Letter" organizations, each . - Sign the CSR request from Internal CA. (e) Other changes. A license will be issued after the Commission has received acceptable 515.23 Claims against an ocean transportation intermediary. 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. 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. 40901-40904), files with the Commission this Insurance Form as evidence of its financial responsibility and evidence of a financial rating for the Insurer 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 organization's letterhead or designated form, or, in the case of insurance 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. of the change. Clearly mark supplemental pages 1A, 2B, 40901-40904)) ____ [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. 9701; 46 U.S.C. The qualifying individuals experience must have been gained in the United States. 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. Jeannie Knudson. (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. 8, 1999, as amended at 67 FR 39860, June 11, 2002; 74 FR 50719, Oct. 1, 2009; 84 FR 62468, Nov. 15, 2019]. office is to be listed in Part F. Branch offices outside the US are not 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. OTI experience obtained outside the US .) LLC meeting minutes keep a written record of all consequential discussions, votes, and actions that occurred throughout a limited liability company (LLC) meeting. freight forwarding. Guarantor agrees to appoint an agent for service of process in the United States. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC.
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