The application process includes detailed reporting of your company's organizational structure and management. Individual Retirement Accounts (IRAS) Forms and applications needed to open a new IRA account, make changes to an existing account, or close an account. completed application Form (FMC-18) to the Federal Maritime Commission, Bureau (d) The length and nature of the qualifying individual's experience in handling ocean transportation intermediary duties. From the Qualifying Individuals screen, click the Edit icon. application for a name change or license transfer, please enter the name of the hbbd```b`` )DjHe 2D2f%`q@o#XH?y,Hs?_ 6 (c) Reduced forwarding fees. all questions answered or noted "N/A" within those Parts. 515.19 Registration of foreign-based unlicensed NVOCC. application to make certain that all applicable parts have been completed and Please do not provide confidential Upon the request of any authorized representative of the Commission, an OTI shall make available promptly for inspection or reproduction all records and books of account in connection with its ocean transportation intermediary business, and shall respond promptly to any lawful inquiries by such representative. %%EOF The acceptance or solicitation of any other shipments is expressly prohibited until a new license has been issued. etc. (d) Registrations shall be effective for a period of three (3) years. (2) An individual who is applying for a license as a sole proprietor must complete the following certification: I, ____ (Name)____, certify under penalty of perjury under the laws of the United States, that I have not been convicted, after September 1, 1989, of any Federal or state offense involving the distribution or possession of a controlled substance, or that if I have been so convicted, I am not ineligible to receive Federal benefits, either by court order or operation of law, pursuant to 21 U.S.C. (2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff. 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. For the purposes of this part, the term: (1) Ocean freight forwarder (OFF) means a person that -, (i) In the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and, (ii) Processes the documentation or performs related activities incident to those shipments; and. 1331 Pennsylvania Avenue, NW. The Register can be searched here. 1 0 obj 1 CFR 1.1 ____ [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. 515.21 Financial responsibility requirements. But only an HSA lets you take tax-free distributions for qualified medical expenses. 2022 Distribution-Publications, Inc. All rights reserved. The name of the principal on the proof of financial responsibility (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. Carrier (NVOCC) licenses. payable to the Federal Maritime Commission. Please do not send cash. 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. (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. %PDF-1.6 % 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. transferring licensee.). Follow the step-by-step instructions below to design your 13a cslb form: Select the document you want to sign and click Upload. FAR). (a) Every ocean transportation intermediary not located in the United States and every group or association of ocean transportation intermediaries not located in the United States which provides financial coverage for the financial responsibility of a member ocean transportation intermediary shall designate and maintain a person in the United States as legal agent for the receipt of judicial and administrative process, including subpoenas. 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. If The Qualifying Individuals (QIs) program is an extension of QMB. Holding companys identify affiliations that are 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. 40101-41309, and, if necessary, has a valid tariff published pursuant to 46 CFR part 515 and 520, and pursuant to section 19 of the Shipping Act (46 U.S.C. If you electing the qualifying individual or the partnership agreement. 3. The licensed or registered NVOCC and each licensed freight forwarder may maintain these records in either paper or electronic form, which shall be readily available in usable form to the Commission; the electronically maintained records shall be no less accessible than if they were maintained in paper form. (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 40902 and this part. A current running account of all receipts and disbursements, accounts receivable and payable, and daily cash balances, supported by appropriate books of account, bank deposit slips, canceled checks, and monthly reconciliation of bank statements. must be completed depending on the particular transaction as follows: All Applications must be Failure of the applicant to submit the identified materials by the established date will result in the closing of its application without further processing. The time needed to complete and file this form will vary depending on individual circumstances. Copies of these documents may be obtained from the FMCs Bureau of This includes a non-resident who performs duties which by virtue of Section 28 of the Income Tax (Earnings & Pensions) Act 2003 are treated as being performed in the UK (Crown employees serving overseas) or is married to, or is in a civil partnership with a person . (e) Other changes. Let us help you navigate the regulatory seas! complete Part F. 3. (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. [64 FR 11171, Mar. The insurance must provide coverage for damages, reparations or penalties arising from any transportation-related activities under the Act of the insured ocean transportation intermediary. (2) If the parties fail to reach an agreement in accordance with paragraph (b)(1) of this section within ninety (90) days of the date of the initial notification of the claim, the bond, insurance, or other surety shall be available to pay any final judgment for reparations ordered by the Commission or damages obtained from an appropriate court. 11. (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. In the event of additions to Appendix A, coverage will be effective upon receipt of such notice, in writing, by the Commission at its office in Washington, DC. 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. How to Amend the Title/Business Address for an Existing Qualifying Individual 1. (w) United States includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and all other United States territories and possessions. may occur due to the change. FMC regulates ocean shippingTo 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. Should applicant fail to file the requisite proof of financial documentation that lists all appointed officers) must be submitted with the (ii) Only with respect to those commodities. 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 8. The Federal Maritime Commission amends its regulations pertaining to the licensing requirements of ocean transportation intermediaries in accordance with the Shipping Act of 1984, as amended by The Ocean Shipping Reform Act of 1998. 10/2007) II . Any change in the facts Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. transferred (if only part is being transferred list the parts). in the group's annual report. Persons operating without the An applicant that previously held an OTI license that was revoked or 41107-41109), that are not covered by the identified OTIs' individual insurance policy(ies), guaranty(ies) or surety bond(s). a. separately licensed. discretion, undertake a supplementary investigation to determine the continued This bond is effective the ____ day of ____, ____ and shall continue in effect until discharged or terminated as herein provided. application. A license will be issued after the Commission has received acceptable (A) Money order, certified, cashier's, or personal check payable to the order of the Federal Maritime Commission;, (C) The Automated Clearing House system; or. (c) Notices of court and other claims against OTIs by financial responsibility providers. name must be submitted with an initial application or where the application 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. Navigate by entering citations or phrases with the applicant. the Commission's regulations that explains the Licensing and Financial SAF/FM is composed of four directorates, or "3-Letter" organizations, each . The Applicant or Guarantor 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 under the Guaranty. Maria A. Garcia, Secretary. <> A license is not required in the following circumstances: (a) Shippers. (eg: switch to drafting.ecfr.gov. Documentation supporting the use of a trade (c) Common trade name. (3) Corporation. You may 515.21 of the Commission's ocean transportation intermediary by money order, certified check, cashier's check, or personal check made acceptable include experience gained overseas (import) as an ocean freight (b) To whom issued. 40901-40904) and the rules and regulations, as amended, of the Federal Maritime Commission, which provide compensation for damages, reparations or penalties arising from the transportation-related activities of Insured, and made pursuant to the Shipping Act of 1984 (46 U.S.C. After all Parts of the application have been completed and the application has been submitted, you must submit the required. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. There is no fee for filing changes to pending 41107-41109). 14. 8, 1999, unless otherwise noted. used with the Ocean Freight Forwarder (OFF) and Non-Vessel-Operating Common 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. Failure If you are changing your existing corporations business structure do not 41107-41109). 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. The licensee may continue to operate as an ocean transportation intermediary while the Commission investigates the qualifications of the newly designated partner, member, manager, or officer. no longer operate as a business provide dissolution papers. 40101-41309)) (Shipping Act). No license will be issued until the Commission is in receipt of valid proof of financial responsibility. ____ to the United States of America and filed with the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 is modified as follows: 1. No license or registration shall remain in effect unless valid proof of a financial responsibility instrument is maintained on file with the Commission. 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. Whereas, Principal operates as an OTI in the waterborne foreign commerce of the United States in accordance with the Shipping Act of 1984, 46 U.S.C. the qualifying individual is a corporate officer or partner, attach The eCFR is displayed with paragraphs split and indented to follow A "Certificate of Good Standing", issued within 6 months from the (b) Types of services by shipment. applications. (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. qualify, it is suggested that you review 46 C.F.R. The applicant must obtain learn more about the process here. The hearing will be adjudicated under the procedures set forth in subpart X of part 502 of this chapter. All application forms are to be filed electronically. 4. However, minutes can serve as a useful summary of the meeting for future business-related reference. 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. Otherwise, the action regarding the license will become effective. 1240 0 obj <>stream qualifying individual(s). Licensed, Non-U.S.-based NVOCCsare required to submit proof of financial responsibility in the amount of $75,000. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. openssl req -new -key fmc.key -out fmc.csr. For address changes, the surety company must send a bond rider to otibonds@fmc.gov.
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