The bond, insurance, or other surety covers the transportation-related activities of an ocean transportation intermediary. proof of financial responsibility in the form and amount prescribed in 46 515.25 Filing of proof of financial responsibility. 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. (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). 2 The term "qualifying child" is covered in Tab C, Dependents. 4. OTIs. Officers: Luis A. Marquez, President, (Qualifying Individual). - Sign the CSR request from Internal CA. 20. License Application Form FMC-18 is found at the Commission's website www.fmc.gov for completion on-line by applicants and licensees. Provide an Let us help you navigate the regulatory seas! QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. The QI program helps pay your Part B premiums. 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. (i) Accounting to principal or shipper. Every NVOCC must employee at least one company officer as a Qualifying Individual (QI) for FMC licensing purposes. 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. When assessing an application to be an RFMC, LFMC or VCFM, MAS takes into account factors such as: Fitness and propriety of the applicant, its shareholders and directors. (a) The response plan must identify a qualified individual and at least one alternate who meet the requirements of this section. (b) Filing of license application forms. 515.2 (i) and 515.2 (l), 515.11 (a)). This is an automated process for - Complete the ISE configuration and test. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. Claims against an ocean transportation intermediary. must be completed depending on the particular transaction as follows: All Applications must be 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. 41107-41109), that are not covered by the identified OTIs' individual insurance policy(ies), guaranty(ies) or surety bond(s). (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. (b) Notice. (3) Any registered NVOCC, as defined in 515.2(r), shall furnish evidence of financial responsibility in the amount of $150,000. 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. SAF/FM is composed of four directorates, or "3-Letter" organizations, each . If this is an initial application for a license, the change of more than one trade name, documentation is needed stating which name will be Such hearing shall be provided pursuant to the procedures contained in 515.17. is complete and our investigation does not reveal any circumstances that would (f) Compensation; services performed by underlying carrier; exemptions. The completed questionnaire and any supporting documents must be returned within 30 days. 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. fill out this section. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. that apply. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 Submission of Form FMC-1 as Prerequisite for License: The FMC proposes adjusting the language of . 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. Form FMC-18must be filed for any changes to a licensee: Other changes to information reported on the original Form FMC-18 may be reported by an officer of the company via email to oti@fmc.gov. Dollars or Renminbi Yuan at the option of the Surety) shall be available to any NVOCC enumerated in an Appendix to this Rider to pay any fines and penalties for activities in the U.S.-China trades imposed by the Ministry of Communications of the People's Republic of China (MOC) or its authorized competent communications department of the people's government of the province, autonomous region or municipality directly under the Central Government or the State Administration of Industry and Commerce pursuant to the Regulations of the People's Republic of China on International Maritime Transportation and the Implementing Rules of the Regulations of the PRC on International Maritime Transportation promulgated by MOC Decree No. 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. or open up a (1) Grounds. or existing codification. If the applicant is When the licensee's or registrant's name appears on shipping documents, its Commission license or registration number shall also be included. To be eligible for an ocean transportation intermediary license, the applicant must demonstrate to the Commission that: (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. They will have to be provisionally registered with PMC before the start of . Commissions website, www.fmc.gov , or by You can learn more about the process 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. Non-U.S.-based NVOCCs, unless licensed, are required to submit proof of financial responsibility in the amount of $150,000; it is recommended that the registered NVOCC use a licensed OTI for any OTI services performed on its behalf in the United States. performed by the qualifying individual. Completed application Form FMC-18 and $250.00 fee. to include the proper fee with your application will cause it to be returned 13. application for a license as an ocean transportation intermediary has been . Step 3: Appoint a qualifying individual (QI) with at least 3 years of verifiable OTI experience. (s) Shipment means all of the cargo carried under the terms of a single bill of lading. consider the application to be void. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. Such person shall not receive compensation from the common carrier for any services rendered in connection with such shipments. 41107-41109). "Reasonably compatible" means that there is no significant discrepancy between information declared by a member or applicant and other information available to the agency. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly Any change in the facts Responsibility Requirements. ), Ocean Transportation Intermediary (OTI) Insurance, Form Furnished as Evidence of Financial Responsibility. (a) Disclosure of principal. 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. persons to verify the information set forth on the Form FMC-18. If the applicant The undersigned ____, as Principal and ____, as Surety do hereby agree that the existing Bond No. needed to respond to Parts B, D, or E, please photocopy the appropriate page 41107-41109); provided, however, that the Surety's obligation for a group or association of OTIs shall extend only to such damages, reparations or penalties described herein as are not covered by another surety bond, insurance policy or guaranty held by the OTI(s) against which a claim or final judgment has been brought and that Surety's total obligation hereunder shall not exceed the amount per OTI provided for in 46 CFR 515.21 or the amount per group or association of OTIs provided for in 46 CFR 515.21 in aggregate. A common carrier shall not pay compensation for the services described in paragraph (c) of this section more than once on the same shipment. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 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. 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. (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. 515.2(i) and (l) of the (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. FEDERAL MARITIME COMMISSION . (2) Any person in the United States advertising, holding oneself out, or acting as an NVOCC as defined in 515.2(m)(2) shall furnish evidence of financial responsibility in the amount of $75,000. endstream endobj 1209 0 obj <>/Metadata 71 0 R/Pages 1206 0 R/StructTreeRoot 112 0 R/Type/Catalog>> endobj 1210 0 obj <>/MediaBox[0 0 612 792]/Parent 1206 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 1211 0 obj <>stream 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. of the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of are deleting a trade name, clearly specify the name being deleted. 12. the hierarchy of the document. States or abroad. 42301 - 42307 8. How to Amend the Title/Business Address for an Existing Qualifying Individual 1. The Faculty Multimedia Center (FMC) is a do-it-yourself . 1996, chap 292), and in accordance with Agreement can be used. developer resources. In no event shall the Surety's obligation under this Rider exceed the amount set forth in section 1a regardless of the number of claims. Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. The completed questionnaire and any supporting documents must be returned within 30 days. If replacing a qualifying individual, list the name of the individual 8, 1999, as amended at 69 FR 17945, Apr. receipt of the proof of financial responsibility, the Commission will, at its 41107-41109). transferred from (transferor) and identify the company which will receive the Part B, Question No. This contact form is only for website help or website suggestions. (n) Person means individuals, corporations, companies, including limited liability companies, associations, firms, partnerships, societies and joint stock companies existing under or authorized by the laws of the United States or of a foreign country. (D) By other means authorized by the Director of the Commission's Office of Budget and Finance. OTI cooperation during the audit is key to achieve prompt completion of the audit and any corrective actions. explanation of the business practices of both companies. You should familiarize Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. CONSULTATION PAPER ON GUIDELINES ON INDIVIDUAL ACCOUNTABILITY AND CONDUCT- PROPOSED SCOPE OF APPLICATION 6 JUNE 2019 Monetary Authority of Singapore 5 2.3 As the underlying principles of clarity in individual responsibilities and proper conduct are applicable across the financial sector, in addition to the list of FIs set out under (e) Changes in fact. will also bring you to search results. 515.2(i), 1240 0 obj <>stream If you are transferring a (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. The Qualifying Individual or QI program is a Medicare savings program (MSP). (h) Express written authority. months lapse between the date of notification of approval of an application and The hearing will be adjudicated under the procedures set forth in subpart X of part 502 of this chapter. Failure to comply with 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. Thereafter, registrations will be renewed for sequential three year periods upon submission of an updated registration form. 13. Footnotes 1 A person can't qualify more than one taxpayer to use the head of household filing status for the year. of Certification and Licensing, 800 North Capitol Street N.W., Washington, D.C. required to be listed. We recommend you directly contact the agency responsible for the content in question. 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. Other changes in material fact of a licensee shall be reported within thirty (30) days of such changes, in writing by mail or email (bcl@fmc.gov) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. 2. (a) Grounds. Included with BEICs letter is a multi-page questionnaire that requests specific information on matters such as: A list ofOTI regulatory obligationsalso is provided at the commencement of each compliance audit. 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. SAF/FM Sub-Organizations. 8.Second Qualifying Individual (Optional) The company has the option to qualify a second individual. Guarantor shall not be liable for payments of any of the damages, reparations or penalties hereinbefore described which arise as the result of any transportation-related activities of Applicant after the cancellation of the Guaranty, as herein provided, but such cancellation shall not affect the liability of the Guarantor for the payment of any such damages, reparations or penalties prior to the date such cancellation becomes effective. 4. 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. (viii) Failure to designate and maintain a person in the United States as legal agent for the receipt of judicial and administrative process, including subpoenas, as required by 515.24. The insurance must be placed with: (1) An Insurer 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; (3) Surplus lines insurers named on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners; or. Identify three persons, A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. (e) A tariff shall not be published and NVOCC service shall not commence until the Commission receives valid proof of financial responsibility from the registrant and a Form FMC-1 has been submitted. - Regulations Affecting Ocean Shipping in Foreign Commerce, https://www.ecfr.gov/current/title-46/chapter-IV/subchapter-B/part-515, Licensing, Registration, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries, Eligibility and Procedure for Licensing and Registration. You may 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. 1/1.1 The total amount of aggregate coverage equals or exceeds $125,000. Incorporation is needed. commerce. Here are the three methods of submittingproof of financial responsibility(46 CFR Part 515 Subpart C)based on type of OTI: Licensed, U.S.-based NVOCCs and OFFsare required to submit proof of financial responsibility (most likely in the form of a surety bond), in the amount of $50,000 (for an ocean freight forwarder license) or $75,000 (for NVOCC license). Electronic certification must contain confirmations by the forwarder and the carrier identifying the shipments upon which forwarding compensation may be paid. Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573-0001. officer, director, or stockholder and the percentage of ownership. This bond shall inure to the benefit of any and all persons who have obtained a judgment or a settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Principal arising from its transportation-related activities or order of reparation issued pursuant to section 11 of the Shipping Act (46 U.S.C. All punch cards are non-refundable. responsibility within two years of the date of approval, the Commission will The Insured or the Insurer may at any time terminate the Insurance by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. Unless prior written approval from the Commission has been obtained, no OTI shall, directly or indirectly: (1) Agree to perform ocean transportation intermediary services on shipments as an associate, correspondent, officer, employee, agent, or sub-agent of any person whose license has been revoked or suspended pursuant to 515.16, or registration terminated or suspended pursuant to 515.19(g); (2) Assist in the furtherance of any ocean transportation intermediary business of an OTI whose license has been revoked; (3) Share forwarding fees or freight compensation with any such person; or.