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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. (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. (1) Any person in the United States advertising, holding oneself out, or acting as an ocean freight forwarder as defined in 515.2(m)(1) shall furnish evidence of financial responsibility in the amount of $50,000. 35-1-2. Definitions - Welcome To The Oklahoma Health Care Authority If you need additional space, enter the information on (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. Ocean Transportation Intermediary (OTI) Group Supplemental Coverage Bond Form (Shipping Act of 1984 (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. Check all the boxes that Please do not provide confidential This content is from the eCFR and is authoritative but unofficial. During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. The official, published CFR, is updated annually and available below under 49 CFR 172.101 Choose My Signature. Claims against an ocean transportation intermediary. Under FRP, what is the definition of a qualified individual? 9. members of large organization or are affiliated with international application for a name change or license transfer, please enter the name of the The identity of the shipper must always be disclosed in the shipper identification box on the bill of lading. 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. C.F.R. Submission is completely voluntary. [80 FR 68734, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. 8, 1999, as amended at 80 FR 68737, Nov. 5, 2015]. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. (d) Registrations shall be effective for a period of three (3) years. 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. (k) Non-vessel-operating common carrier services refers to the provision of transportation by water of cargo between the United States and a foreign country for compensation without operating the vessels by which the transportation is provided, and may include, but are not limited to, the following: (1) Purchasing transportation services from a common carrier and offering such services for resale to other persons; (2) Payment of port-to-port or multimodal transportation charges; (3) Entering into affreightment agreements with underlying shippers; (4) Issuing bills of lading or other shipping documents; (5) Assisting with clearing shipments in accordance with U.S. government regulations; (6) Arranging for inland transportation and paying for inland freight charges on through transportation movements; (7) Paying lawful compensation to ocean freight forwarders; (8) Coordinating the movement of shipments between origin or destination and vessel; (10) Entering into arrangements with origin or destination agents; (11) Collecting freight monies from shippers and paying common carriers as a shipper on NVOCC's own behalf. The completed questionnaire and any supporting documents must be returned within 30 days. 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. eCFR :: 46 CFR Part 515 Subpart B -- Eligibility and Procedure for Please click here to be redirected. The FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. 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. application, e.g. approved. If more than six (6) Administrative subpoenas shall be served in accordance with 502.134 of this chapter. 64 FR 11171, Mar. 2. here. completed. 41107-41109). by money order, certified check, cashier's check, or personal check made It is important that a current email address is maintained on file with the Commission. Privacy Act and Paperwork Reduction Act Notice. 515.25 Filing of proof of financial responsibility. The valid control number for this collection of information is 3072-0018. Individual Retirement Accounts - MFS QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. 3411; 21 U.S.C. State if all or part of the company is being Under FRP, what is the definition of a qualified individual? [515.19(f) &515.20] These changes should be sent tooti@fmc.gov. If the applicant is Show the total number of years This 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). substance. Last Updated 6/24/2013 Page 3 Note: After edits are made to Qualifying Individuals use the Undo ( ) icon to undo changes made. 11. Follow the step-by-step instructions below to design your 13a cslb form: Select the document you want to sign and click Upload. 04. Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. ____ 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. 553; 31 U.S.C. (c) Affiliates of intermediaries. Check the boxes that apply. (e) Foreign-based licensed NVOCC. Copies of this form will be maintained until the corresponding license has been revoked. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Part 515 of (d) Investigation. 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. 41107-41109), that are not covered by the identified OTIs' individual insurance policy(ies), guaranty(ies) or surety bond(s). 13. Generally, you can expect to receive notification that your application has been processed and a decision Corporations must list the name and title of each Background and more details are available in the *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. Sole proprietorships must show contained in the Form FMC-18 must be reported to the Commission within 30 days This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . formatting. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. (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. Tariq I. Belion, Qualifying Individual (QI) Easha Belion, President Application Type: New NVO & OFF License. The total amount of aggregate coverage equals or exceeds $125,000. Licensed, Non-U.S.-based NVOCCsare required to submit proof of financial responsibility in the amount of $75,000. endstream endobj startxref 13. documentation supporting that name (e.g. If the response to any question is yes, please attach an explanation. The Guarantor and/or Applicant specifically agree to file such written notice of cancellation. (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. PDF Guidelines on Individual Accountability and Conduct It is not an official legal edition of the CFR. Fund Management Licensing and Registration - Monetary Authority Of For use There are three variants; a typed, drawn or uploaded signature. (2) Partnership. A document supporting the legal business name 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. complete Part F. 3. 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. A qualifying individual must have at least three years of demonstrable OTI experience and, depending on the applicants business structure, be an officer of the applicants corporation, the sole proprietor of a sole proprietorship, the manager or member in (respectively) a manager-managed or member-managed LLC, or a partner in a partnership. (a) Qualification necessary for issuance. The qualified individual or alternate qualified individual must be available on a 24-hour basis. More specific policies and procedures for . preclude licensing. Application Type: New OFF & NVO License. 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. A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. at (202) 566-0011. Should you individual, or $500.00 for a company, made payable to the "Minister of Finance ", to: Mineral Titles Branch 300-865 Hornby Street Vancouver, B.C. The eCFR is displayed with paragraphs split and indented to follow "Published Edition". No application fee is required when reporting this change. 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. place of business (must be the physical address of applicant). Comments or questions about document content can not be answered by OFR staff. Location: FMC Natatorium Address: 275 Plaza Dr, Westmont, IL 60559 . 40101-41309)) (Shipping Act). Appendix A to Part 515 - Ocean Transportation Intermediary (OTI) Bond Form [Form 48], Appendix B to Part 515 - Ocean Transportation Intermediary (OTI) Insurance Form [Form 67], Appendix C to Part 515 - Ocean Transportation Intermediary (OTI) Guaranty Form [Form 68], Appendix D to Part 515 - Ocean Transportation Intermediary (OTI) Group Bond Form [FMC-69], Appendix E to Part 515 - Optional Rider for Additional NVOCC Financial Responsibility (Optional Rider to Form FMC-48) [FORM 48A], Appendix F to Part 515 - Optional Rider for Additional NVOCC Financial Responsibility for Group Bonds [Optional Rider to Form FMC-69]. 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. For an LLC, the names of the managers, members or officers, as applicable, may be published. 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. 515.17 Hearing procedures governing denial, revocation, or suspension of OTI license. It is a violation of the Commission's regulations implementing the Shipping Act for a foreign-based unlicensed non-vessel-operating common carrier to provide NVOCC services in the U.S. foreign trade without a valid registration and an effective tariff. 515.23 Claims against an ocean transportation intermediary. hb```^!b`f`sL``p`Hadw5Sl;`}5A55itFN)as_,;#n Electronic certification must contain confirmations by the forwarder and the carrier identifying the shipments upon which forwarding compensation may be paid. 5. You may 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. [80 FR 68732, Nov. 5, 2015, as amended at 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 84 FR 62467, Nov. 15, 2019]. A filing fee shall be paid, as required under 515.5(c). New OTI Rules Now in Effect - Federal Maritime Commission For address changes, the surety company must send a bond rider to otibonds@fmc.gov. (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. (a) Notice of shipper affiliation. No licensed freight forwarder shall withhold any information concerning a forwarding transaction from its principal, and each licensed freight forwarder shall comply with the laws of the United States and shall exercise due diligence to assure that all information provided to its principal or provided in any export declaration, bill of lading, affidavit, or other document which the licensed freight forwarder executes in connection with a shipment is accurate. sheet, please label the supplemental response to match the item number on the The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is highly Contact your local broker Management Officer or the Broker Management Branch for inquiries on the change of address to: Broker Management Branch. Solved: Integrating FMC with ISE - Cisco Community Choosing an item from For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. Qualifying Individual (QI) What does it take to be a Qualifying Individual (QI)? (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 fees required to be submitted with various types of applications: All payments may be made separately licensed. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. PDF Configure ISE 2.4 and FMC 6.2.3 pxGrid Integration 40904(d)) and 46 CFR part 535. (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. [64 FR 11171, Mar. c. This Rider is effective the ____ day of ____, 20____, and shall continue in effect until discharged, terminated as herein provided, or upon termination of the Bond in accordance with the sixth paragraph of the Bond. existence for more than one year. (eg: For LLPs and LLCs, an Amended Partner Membership (b) Stationery and billing forms. Submit Form FMC-18 and the required license application fee. 515.21 of the Commission's ocean transportation intermediary The fee for such supplementary investigation is ____ [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. (b) The qualified individual and alternate must - The guaranty must be placed with: (1) A Guarantor 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; (d) Evidence of financial responsibility of the type provided for in paragraphs (a), (b) and (c) of this section established through and filed with the Commission by a group or association of ocean transportation intermediaries on behalf of its members, subject to the following conditions and procedures: (1) Each group or association of ocean transportation intermediaries shall notify the Commission of its intention to participate in such a program and furnish documentation as will demonstrate its authenticity and authority to represent its members, such as articles of incorporation, bylaws, etc.

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