or open up a 4. The Form FMC-18 is not 1996, chap 292), and in accordance with The valid control number for this collection of information is 3072-0018. or entity (other than a bank or finance company) who is providing financial (a) The response plan must identify a qualified individual and at least one alternate who meet the requirements of this section. 40901-40904), files this bond with the Federal Maritime Commission; Whereas, this group bond is written to ensure compliance by the OTIs, enumerated in Appendix A of this bond, with section 19 of the Shipping Act (46 U.S.C. (2) Registrations. here. Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. (f) Errors and omissions of the principal or shipper. Sole proprietorships must show 515.21 of the Commission's ocean transportation intermediary 0 17. (b) Beneficial interest includes a lien or interest in or right to use, enjoy, profit, benefit, or receive any advantage, either proprietary or financial, from the whole or any part of a shipment of cargo where such interest arises from the financing of the shipment or by operation of law, or by agreement, express or implied. (c) Affiliates of intermediaries. It is important that a current email address is maintained on file with the Commission. (5) Failure to honor the licensee's financial obligations to the Commission. This document is available in the following developer friendly formats: Information and documentation can be found in our The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 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. Guaranty in Respect of Ocean Transportation Intermediary (OTI) Liability for Damages, Reparations or Penalties Arising from Transportation-Related Activities Under the Shipping Act of 1984 (46 U.S.C. You may 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. trade name or adding a trade name, you must attach the appropriate 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. in the United States commerce as defined in 46 C.F.R. 2. All subsequent renewals will take place on regular three-year intervals. week. You should familiarize (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. 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 Insured pursuant to section 13 of the Shipping Act (46 U.S.C. 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. Applicant and Guarantor agree to handle the processing and adjudication of claims by claimants under the Guaranty established herein in the United States, unless by mutual consent of all parties and claimants another country is agreed upon. Incomplete applications will be returned without processing. complete Part F. 3. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. 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 bond 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 Principal arising from the Principal'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. Such QI(s) must meet the applicable requirements set forth in 515.11(a) through (c). (c) Use of license or registration by others; prohibition. (c) Information provided to the principal. ____, issued by the Federal Maritime Commission and has performed the following services: (1) Engaged, booked, secured, reserved, or contracted directly with the carrier or its agent for space aboard a vessel or confirmed the availability of that space; and. This part also prescribes the financial responsibility requirements and the duties and responsibilities of ocean transportation intermediaries, and regulations concerning practices of ocean transportation intermediaries with respect to common carriers. 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. 5 U.S.C. Hearing procedures governing denial, revocation, or suspension of OTI license. 12. (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. 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. applicable Parts completed. 515.2(i), transferred (if only part is being transferred list the parts). 8.Second Qualifying Individual (Optional) The company has the option to qualify a second individual. DPI Copyright & Disclaimer Home / Knowledge Center / Qualifying Individual (QI) 2 The term "qualifying child" is covered in Tab C, Dependents. The Qualifying Individual or QI program is a Medicare savings program (MSP). Officer: Matthew A. Keces, Sole Proprietor, (Qualifying Individual). This is to certify, that the (Name of Insurance Company), (hereinafter Insurer) of (Home Office Address of Company) has issued to (OTI or Group or Association of OTIs [indicate whether NVOCC(s) or Freight Forwarder(s)]) (hereinafter Insured) of (Address of OTI or Group or Association of OTIs) a policy or policies of insurance for purposes of complying with the provisions of Section 19 of the Shipping Act of 1984 (46 U.S.C. ( 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. Such notices may include or attach other information relevant to the claim. 515.25 Filing of proof of financial responsibility. 515.18 Application after revocation or denial. execution. 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. 3, Part B. If more than six (6) Use the Delete ( ) icon to delete Qualifying Individuals. The Commission will update this list on a periodic basis. <> Length of qualifying ocean transportation . The applicant sole proprietor. and the number of branch offices indicated. Your individual or joint income and resources must meet a certain criteria to qualify. (5) Change in the identity or status of the designated QI, except as described in paragraphs (b) and (c) of this section. Show the total number of years Failure to comply with The hearing will be adjudicated under the procedures set forth in subpart X of part 502 of this chapter. A license will be issued after the Commission has received acceptable payable to the Federal Maritime Commission. Please do not send cash. and continue entering the information. 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. ____ 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. preclude licensing. 40101-41309)) (Shipping Act). FMC-18, including any attachments, must be submitted in duplicate with all Jeannie Knudson. License Application Form FMC-18 is found at the Commission's website www.fmc.gov for completion on-line by applicants and licensees. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. A California Bond of Qualifying Individual will serve as a legal promise regarding the compliance of the applicant to the relevant provisions of the California Business and Professions Code and the rules and regulations set forth by the California Contractors State License Board of the Department of Consumer Affairs. Decide on what kind of signature to create. (1) A disclosed agent, individual employee, or branch office of an ocean transportation intermediary is not required to be licensed in order to act on behalf of and in the name of such ocean transportation intermediary. forwarder or an NVOCC, please include your license and bond numbers. documentation supporting that name (e.g. 41107-41109). As a intermediaries (OTI). Please do not provide confidential ____ [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. (i) Accounting to principal or shipper. or existing codification. Corporations must list the name and title of each Choose My Signature. (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. (2) If, within 120 days of notification of conditional approval for licensing by the Commission, proof of financial responsibility and, in the case of an NVOCC, the Form FMC-1 is not received, the conditional approval of the application will be invalid. If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. date of application, is also needed for any corporation that has been in 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. If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. (2) Non-vessel-operating common carrier (NVOCC) means a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier. regulations. 40101 - 41309 Foreign Shipping Practices Act of 1988 - 46 U.S.C. 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. proof of financial responsibility in the form and amount prescribed in 46 switch to drafting.ecfr.gov. (3) Publication of Notice. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. Commission staff will acknowledgereceipt andadvise if any further action is required. The notice of intent to deny the application will provide, in detail, a statement of the facts supporting denial. (2) In addition to information provided by the applicant and its references, the Commission may consider all information relevant to determining whether an applicant has the necessary character to render ocean transportation intermediary services, including but not limited to, information regarding: Violations of any shipping laws, or statutes relating to the import, export, or transport of merchandise in international trade; operating as an OTI without a license or registration; state and federal felonies and misdemeanors; voluntary and non-voluntary bankruptcies not discharged; outstanding tax liens and other court and administrative judgments and proceedings; compliance with immigration status requirements described in 49 CFR 1572.105; denial, revocation, or suspension of a Transportation Worker Identification Credential under 49 CFR 1572; and the denial, revocation, or suspension of a customs broker's license under 19 CFR subpart B, section 111. 515.2(b). This contact form is only for website help or website suggestions. instance where the application has been processed in whole or part. (d) Registrations shall be effective for a period of three (3) years. Fill in, print and save an online form. contact BCL any time during normal working hours (8:30 am - 5 pm, EST) by all questions answered or noted "N/A" within those Parts. No licensed freight forwarder shall enter into an agreement or other arrangement (excluding agency arrangements not prohibited by law or this part) with an unlicensed person that bestows any fee, compensation, or other benefit upon the unlicensed person. license (transferee). In accordance with that Act, agencies are required to display a currently valid control number. Comments or questions about document content can not be answered by OFR staff. contained in the Form FMC-18 must be reported to the Commission within 30 days Thereafter, licenses will be renewed for sequential three-year periods upon successful completion of the renewal process in paragraph (d) of this section. 9. [80 FR 68732, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. (d) Common carrier. The Faculty Multimedia Center (FMC) is a do-it-yourself . (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). If this is an All applications must contain a street address indicating the principal (c) Registrations are complete upon receipt of a registration form which meets the requirements of this section, evidence of financial responsibility pursuant to 515.21, and Form FMC-1 pursuant to 520.3. 40901-40904) and this part. forwarder, or in air freight forwarding, custom house brokerage, or motor Regulation Y 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. 2 0 obj 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. (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. guide. and title of the proposed qualifying individual for the applicant. (e) Optional bond riders. A notice of each registration shall be published on the Commission's Web site www.fmc.gov. Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. Check the box that applies. 1331 Pennsylvania Avenue, NW. Failure to follow the provisions of this part may result in denial, revocation or suspension of an ocean transportation intermediary license or registration. If this is an initial application for a license, the change MSPs are federal programs that are administered by Medicaid in each state. 40902 and this part. The official, published CFR, is updated annually and available below under Each receipt for cargo issued by a licensed freight forwarder shall be clearly identified as Receipt for Cargo and be readily distinguishable from a bill of lading. 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. Choosing an item from freight forwarding. The Insurer 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 the Insurance. (d) Arrangements with ocean transportation intermediaries whose licenses have been revoked. 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. 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 FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR 112.20 (h) (i)). E-Learning Home. (d) Federal military and civilian household goods. 4. Provide an 2. (v) Transportation-related activities which are covered by the financial responsibility obtained pursuant to this part include, to the extent involved in the foreign commerce of the United States, any activity performed by an ocean transportation intermediary that is necessary or customary in the provision of transportation services to a customer, but are not limited to the following: (1) For an ocean transportation intermediary operating as an ocean freight forwarder, the freight forwarding services enumerated in paragraph (h) of this section, and. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Use a different letter for each qualifying individual (i.e., A5,
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