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. 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. Bonds of Qualifying Individual costs between $69 and $390 depending on the personal credit, license history and classification of the qualifier. - Download the Root Cert and Intermediate Root (if you have one) - Upload the Root + Int Root to FMC. Ocean Transportation Intermediary (OTI) Bond (Section 19, Shipping Act of 1984 (46 U.S.C. 40901-40904), and the rules and regulations of the Federal Maritime Commission relating to evidence of financial responsibility for OTIs, this Insurance 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 Insured arising from the Insured'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. 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. If you are changing your existing corporations business structure do not Identify the name 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 SAF/FM Sub-Organizations. The Guarantor's liability under this Guaranty shall attach only in respect of such activities giving rise to a cause of action against the Applicant, in respect of any of its transportation-related activities under the Shipping Act, occurring after the Guaranty has become effective, and before the expiration date of this Guaranty, which shall be the date thirty (30) days after the date of receipt of mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, that either Applicant or the Guarantor has elected to terminate this Guaranty. Applicants that are For address changes, the surety company must send a bond rider to otibonds@fmc.gov. xZmoFna?R%(sd9u9IMqh,9$;,XKr(K Efggyv7HU~a|Q1Y/97..nx/OINd/'d|lpz9||mmSX=}8=lT}== &lL~_'mzU]3 HYc%BfK? std$: #zVs`q -?_=UI WLze? r*"Crz3alF\/ X^9|O8JrW){ZR)KH~()> 'e2(q4P~D It is highly In accordance with that Act, agencies are required to display a currently valid control number. 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. In the event of deletions to Appendix A, termination of coverage for such OTI(s) shall become effective 30 days after receipt of written notice by the Commission. 8. 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. consider the application to be void. FMC Aquatic Senior Qualifying Meet. To insure that those work experiences This is an automated process for An entity that also provides OTI services in its own name and not on behalf of a licensed or registered OTI must be separately licensed under this part and must provide proof of its own financial responsibility and publish a tariff, if applicable. Officer: Matthew A. Keces, Sole Proprietor, (Qualifying Individual). Each forwarder shall retain evidence in its shipment files that the forwarder, in fact, has performed the required services enumerated on the certification. transferred from (transferor) and identify the company which will receive the Application For Replacing The Qualifying Individual -CSLB Home OnlineServices WebApplication InteractivePDFs ApplicationForReplacingTheQualifyingIndividual Application For Replacing The Qualifying Individual Easy-Fill Application IMPORTANT NOTICE REGARDING CONVICTIONS PLEASE READ CAREFULLY 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. (4) Limited liability company. A license issued to a sole proprietor doing business under a trade name shall be in the name of the sole proprietor, indicating the trade name under which the licensee will be conducting business. Amend Title and/or Business Address. All subsequent renewals will take place on regular three-year intervals. shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). 41107-41109). *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. All hearing requests under 515.15 and 515.16 shall be submitted to the Commission's Secretary. export shipper, steamship agent, air freight You should familiarize qualifying individual, other officer, director, partner, member, stockholder, Study with Quizlet and memorize flashcards containing terms like Type AC cable is permitted in, Listed FMC and LFMC shall contain an equipment grounding conductor if the raceway is installed for the reason of, Cable________ made and insulated by approved methods can be located within a cable tray provided they are accessible, and do not project above the side rails where the splices are . The undersigned ____, as Principal and ____, as Surety do hereby agree that the existing Bond No. guide. (2) An ocean transportation intermediary must report branch offices to the Commission in Form FMC-18 or under the procedures in 515.20(e). of Incorporation and minutes of a meeting appointing officers (or other application for a license as an ocean transportation intermediary has been No license will be issued until the Commission is in receipt of valid proof of financial responsibility. The Guarantor and/or Applicant specifically agree to file such written notice of cancellation. 5. OTI experience obtained outside the US .) 40902 and this part. (1) Grounds. Question 16 is an officer, director, partner, member, owner, stockholder, A branch office of an OTI may use the license of the OTI, provided that the address of the branch office has been reported to the Commission in Form FMC-18 or pursuant to 515.20(e). (d) In-plant arrangements. (d) The Commission will publish at its Web site, www.fmc.gov, a list of the locations of all carrier and conference tariffs, and a list of ocean transportation intermediaries (including a separate list for NVOCCs) who have met all of their applicable licensing, registration, tariff and financial responsibility requirements, current as of the last date on which the list is updated. All punch cards are non-refundable. The common carrier shall be entitled to rely on such certification unless it knows that the certification is incorrect. (d) Commission means the Federal Maritime Commission. (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 at (202) 566-0011. If qualifying individual(s). If you are transferring a A registration shall not become effective until the applicant has furnished proof of financial responsibility pursuant to 515.21, has submitted a Form FMC-1, and its published tariff becomes effective pursuant to 46 CFR part 520. completed. 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. 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. user convenience only and is not intended to alter agency intent 3411; 21 U.S.C. For corporations, the Articles The applicant sole proprietor. 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. No OTI shall endorse or negotiate any draft, check, or warrant drawn to the order of its OTI principal or shipper without the express written authority of such OTI principal or shipper. Now, Therefore, The condition of this obligation is that the penalty amount of this bond shall be available to pay any judgment 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 or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. In addition to applying for an FMC, you will also need a business BCeID account. 4 0 obj 9. Applications for a new license by the executor, administrator, heir(s), or assign(s) shall be made on Form FMC-18, and shall be accompanied by the fee required under 515.5(c). 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]. Failure to follow the provisions of this part may result in denial, revocation or suspension of an ocean transportation intermediary license or registration. If the response to any question is yes, please attach an explanation. the amount of the civil penalty may increase to $30,000 for each violation. 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. This contact form is only for website help or website suggestions. 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. 11. required to be listed. OMB control number assigned pursuant to the Paperwork Reduction Act. documentation (e.g. <iframe title="Intentionally Blank" src="https://www.googletagmanager.com/ns.html?id=GTM-MBGXM55" height="0" width="0" aria-hidden="true" style="display:none . existence for more than one year. write "N/A". These recordkeeping requirements are independent of the retention requirements of other federal agencies. 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. If the applicant is an Electronic certification must contain confirmations by the forwarder and the carrier identifying the shipments upon which forwarding compensation may be paid. (See 46 C.F.R. (1) As provided in each financial responsibility instrument between an OTI and its financial responsibility provider(s), the issuing financial responsibility provider shall submit a notice to the Commission of each claim, court action, or court judgment against the financial responsibility and each claim paid (including the amount) by the provider. In any instance where an application has been processed in whole or in part, the fee will not be refunded. stream Dollars or Renminbi Yuan at the option of the Surety) shall be available 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. However, the bond shall not apply to shipments of used household goods and personal effects for the account of the Department of Defense or the account of federal civilian executive agencies shipping under the International Household Goods Program administered by the General Services Administration. Please click here to be redirected. The completed questionnaire and any supporting documents must be returned within 30 days. 8.Second Qualifying Individual (Optional) The company has the option to qualify a second individual. (b) Receipt for cargo. The total amount of aggregate coverage equals or exceeds $125,000. MSPs are federal programs that are administered by Medicaid in each state. If applicant is currently licensed as an ocean freight 8, 1999, unless otherwise noted. The FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. (Qualifying Individuals for NVOCCs not in the US may submit proof of The Commission may contact these The Commission will issue a license only in the name of the applicant, whether the applicant is a sole proprietorship, a partnership, a corporation, or limited liability company. Choosing an item from 40101-41309) (Shipping Act). 5 U.S.C. Any person whose primary business is the sale of merchandise may, without a license, dispatch and perform freight forwarding services on behalf of its own shipments, or on behalf of shipments or consolidated shipments of a parent, subsidiary, affiliate, or associated company. (b) Operation after death of sole proprietor. "Reasonably compatible" means that there is no significant discrepancy between information declared by a member or applicant and other information available to the agency. The term "qualifying individual" (QI) is added and defines QI as an individual who meets the Shipping Act's experience and character requirements. (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. You can ALL Commissions website, www.fmc.gov , or by The bond, insurance, or other surety may be available to pay such claim if: (i) The ocean transportation intermediary consents to payment, subject to review by the financial responsibility provider; or. 16. Track record and fund management expertise of the applicant and its parent company or major shareholders. 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. Filing of proof of financial responsibility. %%EOF Check all the boxes that Signed and sealed this ____ day of ____, ____. 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. (3) Notices required by this section shall include the name of the claimant, name of the court and case number assigned, and the name and license or organization number of the OTI involved. (d) Acquisition of one or more additional licensees. Now, therefore, the conditions of this obligation are that the penalty amount of this bond shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 against the OTIs enumerated in Appendix A of this bond for damages arising from any or all of the identified OTIs' transportation-related activities under the Shipping Act (46 U.S.C. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. 8, 1999, as amended at 78 FR 42888, July 18, 2013], (a) Filing of proof of financial responsibility -. [64 FR 11171, Mar. (d) Investigation. Form FMC-18 (Rev. or entity (other than a bank or finance company) who is providing financial Identify three persons, (See 46 C.F.R. No fee shall be charged for reporting such changes. No person may advertise or hold out to act as an OTI unless that person holds a valid OTI license or is registered under this part. (d) Federal military and civilian household goods. parent 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. 41301-41302, 41305-41307(a)), or any penalty assessed against the Applicant pursuant to section 13 of the Shipping Act (46 U.S.C. For 2021 the maximum CDCC for a taxpayer with AGI of more than $183,000 is $1,600 for one qualifying individual ($8,000 x 20%) and $3,200 for two or more qualifying individuals ($16,000 x 20%). 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. The liability of the Surety shall not be discharged by any payment or succession of payments pursuant to section 1 of this Rider, unless and until the payment or payments shall aggregate the amount set forth in section 1a of this Rider. (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. 1331 Pennsylvania Avenue, NW. Qualifying Individual (QI) - Distribution-Publications, Inc. Every NVOCC must employee at least one company officer as a Qualifying Individual (QI) for FMC licensing purposes. substance. date of application, is also needed for any corporation that has been in A licensed freight forwarder may not receive compensation from a common carrier with respect to any shipment in which the forwarder has a beneficial interest or with respect to any shipment in which any holding company, subsidiary, affiliate, officer, director, agent, or executive of such forwarder has a beneficial interest. Position the qualifying individual holds as a corporate officer, member, or active partner: (Attach proof of position held i.e., minutes from meeting electing the officers) 12. 8, 1999, as amended at 80 FR 68733, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. acceptable include experience gained overseas (import) as an ocean freight This is an optional form. 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. (j) Prohibition. If you have any questions regarding the OTI list, please contact Commission staff at (202) 523-5787 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. 0 Charges for such forwarding services shall be assessed in conformance with the carrier's published tariffs. Hearing procedures governing denial, revocation, or suspension of OTI license. SAF/FM is composed of four directorates, or "3-Letter" organizations, each . Obtain Three Good References for the Qualifying Individual. 1. - Copy those files (fmc.key and fmc.csr) off the FMC. Title 46 was last amended 2/27/2023. Contact your local broker Management Officer or the Broker Management Branch for inquiries on the change of address to: Broker Management Branch. ____ 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. commerce. (2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff. etc. (e) Common carrier means any person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that: (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination, and. considered a valid application unless it is signed. 1998 and the Coast Guard Authorization Act of 1998, and 46 C.F.R. made within 45 days from receipt of the application, assuming the application Please check the FAR). is complete and our investigation does not reveal any circumstances that would FMC Regulations & Statutes Regulations e-CFR pertaining to the FMC: 46 CFR 500 (GPO) Historical versions of the CFR (annual edition from FDsys) Statutes pertaining to the FMC Shipping Act of 1984 - 46 U.S.C. 515.42 Forwarder and carrier compensation; fees. Shippers, common carriers, and other affected persons may seek payment from the bond, insurance, or other surety maintained by an ocean transportation intermediary for damages arising out of its ocean transportation-related activities. US (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. The QI program is a Medicare savings program. [515.19(f) &515.20] These changes should be sent tooti@fmc.gov. 41107-41109). electing the qualifying individual or the partnership agreement. explanation of the business practices of both companies. A license is not required in the following circumstances: (a) Shippers. means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. A Fictitious Name Statement). Check the boxes that apply. The following condition is added to this Bond: a. 42301 - 42307 (b) Service of administrative process, other than subpoenas, may be effected upon the legal agent by dispatching a copy of the document to be served by mail or courier service. 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. 10/2007) II . (u) Special contract is a contract for ocean freight forwarding services which provides for a periodic lump sum fee. Carrier (NVOCC) licenses. (b) Qualifying individual. 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. 41107-41109). the applicant holds stock in another entity). Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. typed, no hand written submissions will be accepted. (l) Ocean common carrier means a common carrier that operates, for all or part of its common carrier service, a vessel 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, or chemical parcel-tanker. applications. (e) All forms and documents for establishing financial responsibility of ocean transportation intermediaries prescribed in this section shall be submitted to the Director, Bureau of Certification and Licensing, via email to bcl@fmc.gov. (b) The qualified individual and alternate must - This content is from the eCFR and may include recent changes applied to the CFR. "Published Edition". All applications must contain a street address indicating the principal - Complete the ISE configuration and test. 305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-41307; Pub. documentation that lists all appointed officers) must be submitted with the If a question within a Part is not applicable, Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. 515.2(i) and 515.2(l), 515.11(a),. During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. 9701; 46 U.S.C. parent or holding company, or an employee of any other firm in the United 8, 1999, as amended at 69 FR 17945, Apr. The following individuals must qualify the applicant for a license: (1) Sole proprietorship. responsibility within two years of the date of approval, the Commission will For use 40101-41309) (Shipping Act). documentation that will verify that fact, e.g. If the Commission determines, as a result of its investigation, that the applicant: (a) Does not possess the necessary experience or character to render intermediary services; (b) Has failed to respond to any lawful inquiry of the Commission; or. Such notices may include or attach other information relevant to the claim. 41107-41109). Such registered NVOCC shall be strictly responsible for the acts and omissions of its employees and agents, wherever they are located. (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. result, it may not include the most recent changes applied to the CFR. For corporations, an Amended Articles of telephone at(202) 523-5843 (Office of Transportation Intermediaries) or by fax (3) An ocean transportation intermediary is fully responsible for the acts and omissions of any of its employees and agents that are performed in connection with the conduct of the ocean transportation intermediary's business. When a licensed freight forwarder is a shipper or seller of goods in international commerce or affiliated with such an entity, the licensed freight forwarder shall have the option of: (1) Identifying itself as such and/or, where applicable, listing its affiliates on its office stationery and billing forms, or. 41107-41109), then, provided that the FMC shall have accepted, as sufficient for that purpose, the Applicant's application, supported by evidence of a financial rating for the Guarantor 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 rating organization's letterhead or designated form, or, in the case of Guaranty 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, the undersigned Guarantor certifies that it has sufficient and acceptable assets located in the United States to cover all damages arising from the transportation-related activities of the covered OTI as specified under the Shipping Act. You can learn more about the process 515.21 of the Commission's ocean transportation intermediary Comments or questions about document content can not be answered by OFR staff. They will have to be provisionally registered with PMC before the start of .
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