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. Pressing enter in the search box OTI experience obtained outside the US .) This Guaranty is effective the day of ____, ____, ____ 12:01 a.m., standard time at the address of the Guarantor as stated herein and shall continue in force until terminated as herein provided. 401 (k) vs. HSA. 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. (c) Receipts and disbursements by shipment. ever held a license as an ocean transportation intermediary (OFF or NVOCC), or Licensing, Registration and/or Proof of Financial Responsibility, Competition and Integrity for Americas Ocean Supply Chain, Apply for or make changes to a License or Request a Foreign Registration, Ocean Shipping Reform Act of 2022 (OSRA) Implementation, Foreign NVOCC Registration Status Changes, Consumer Affairs & Dispute Resolution Services, Historical Federal Maritime Commission Reports, Vessel-Operating Common Carrier (VOCC) Audit Program. involved with foreign water borne commerce. 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. (e) Changes in fact. Jeannie Knudson. Applicants whose applications/approvals have become invalid may submit a new Form FMC-18, together with the required filing fee, at any time. 515.16 Revocation or suspension of license. citations and headings (1) Licenses. If you have any questions regarding the OTI list, please contact Commission staff at (202) 523-5787 Qualifying Individuals in Partnerships Between Entities: The FMC proposes adjusting the language of Section 515.11(b) regarding qualified individual (QI) requirements to clarify that an officer of a general partner entity may qualify as the QI. (d) Invoices; documents available upon request. 41301-41302, 41305-41307(a)), or any penalty assessed against the Applicant pursuant to section 13 of the Shipping Act (46 U.S.C. electing the qualifying individual or the partnership agreement. (2) Partnership. (d) In-plant arrangements. A document supporting the legal business name Each file shall include a copy of each document prepared, processed, or obtained by the licensee, including each invoice for any service arranged by the licensee and performed by others, with respect to such shipment. The Register contains details of all mediators who hold FMCA (qualified) status, plus those who have completed approved initial training and are working towards FMCA. 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. 19. %PDF-1.6 % (2) Including the following notice on such items: This company is a shipper or seller of goods in international commerce or is affiliated with such an entity. Each day of a continuing violation shall constitute a separate violation. 40101-41309), or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. 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. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. all questions answered or noted "N/A" within those Parts. A record of all sums received and/or disbursed by the licensee for services rendered and out-of-pocket expenses advanced in connection with each shipment, including specific dates and amounts. 515.21 Financial responsibility requirements. (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. The valid control number for this collection of information is 3072-0018. If applicant intends The Insurer will promptly notify the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, in writing by mail or email ([email protected]), of all claims made, lawsuits filed, judgments rendered, and payments made against the Insurance. Within the same 30-day period, the licensee shall furnish to the Commission the name(s) and detailed intermediary experience of any other active partner(s), member(s), manager(s) or officer(s) who may qualify the licensee. Failure to reflect OTIs name and license number on OTIs shipping documents; Inadequate or retroactive NVOCC Rate Arrangement (NRA); and, Failure to maintain Qualifying Individual (QI) as current officer of company. 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. 515.11 Basic requirements for licensing; eligibility. (a) Licensees and registrants; names and numbers. 2. If the response to any question is yes, please attach an Any change in the facts 1996, chap 292), and in accordance with guide. When the licensee's or registrant's name appears on shipping documents, its Commission license or registration number shall also be included. Persons who have had their applications rejected may submit a new Form FMC-18 at any time, together with the required filing fee. performed by the qualifying individual. 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. If more than six (6) application for individual free miner certificate (fmc) mineral titles bc - www.mineraltitles.gov.bc.ca 5.acknowledgement the information collected on this form is collected under the authority of the mineral tenure act (r.s.b.c. application for a license as an ocean transportation intermediary has been (i) From the United States means oceanborne export commerce from the United States, its territories, or possessions, to foreign countries. Whereas, the Insured is or may become an OTI subject to the Shipping Act and the rules and regulations of the Federal Maritime Commission, or is or may become a group or association of OTIs, and desires to establish financial responsibility in accordance with section 19 of the Shipping Act (46 U.S.C. 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. of Incorporation and minutes of a meeting appointing officers (or other 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. 11. This Bond remains in full force and effect according to its terms except as modified above. It is important that a current email address is maintained on file with the Commission. site when drafting amendatory language for Federal regulations: 46 U.S.C. (2) The person for whose account the ocean transportation is provided; (3) The person to whom delivery is to be made; (5) A non-vessel-operating common carrier that accepts responsibility for payment of all charges applicable under the tariff or service contract. members of large organization or are affiliated with international Obtain Three Good References for the Qualifying Individual. (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. license (transferee). This document is available in the following developer friendly formats: Information and documentation can be found in our The FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. Please do not provide confidential 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. going to conduct OTI business through branch offices in the At least one of the active managing partners, unless the partners are entities, such as corporations, in which case an officer, member, or manager of one of the entities as long as the entity is a general partner. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: [email protected]. Q-5000, Qualifying Individuals (QIs) Printer-friendly version. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). contained in the Form FMC-18 must be reported to the Commission within 30 days Filing of proof of financial responsibility. Length of qualifying ocean transportation . . Each applicant shall be investigated in accordance with 515.13. in the United States commerce as defined in 46 C.F.R. supplemental pages. (b) Types of services by shipment. openssl req -new -key fmc.key -out fmc.csr. The eCFR is displayed with paragraphs split and indented to follow (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. Ocean Transportation Intermediary (OTI) Bond (Section 19, Shipping Act of 1984 (46 U.S.C. <>>> Write your awesome label here. For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. Question 16 is an officer, director, partner, member, owner, stockholder, When a common carrier's tariff provides for the payment of compensation, such compensation shall be paid on any shipment forwarded on behalf of others where the forwarder has provided a certification as prescribed in paragraph (c) of this section and the shipper has been disclosed on the bill of lading as provided for in paragraph (a) of this section. Show the total number of years Displaying title 46, up to date as of 3/02/2023. Comments or questions about document content can not be answered by OFR staff. also telephone BCL, Office of Transportation Intermediaries, at (202) 523-5843 9th Floor. 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. (D) By other means authorized by the Director of the Commission's Office of Budget and Finance. Qualifying Individual (QI) Replacement U.S. Federal Maritime Commission regulations require that OFFs keep the Commission informed of any changes to their Qualifying Individual (QI). If you are changing 40101-41309) (Shipping Act). Under the Auditor Regulation Act 2011, we must carry out a quality review of systems, policies, and procedures of registered audit firms and licensed auditors at least once every four years. Incorporation is needed. if this is an application for a license transfer, this question must be (h) Non-vessel-operating common carriers; compensation. trade name or adding a trade name, you must attach the appropriate [80 FR 68731, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. legal name of the applicant must be shown in this section. attached to the Form FMC-18. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. All application forms are to be filed electronically. [64 FR 11171, Mar. 17. 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. The fee for such supplementary investigation is (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. 42301 - 42307 Otherwise, the action regarding the license will become effective. 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. 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. All OTIs are responsible for requiring that, upon the request of any authorized Commission representative, their agents make available all records and books of account relating to ocean transportation intermediary service provided by or for their principals, and respond promptly to any lawful inquiries by such representative. *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. 515.22 Proof of financial responsibility. 41107-41109). Exception: A licensed freight forwarder may perform freight forwarding services for recognized relief agencies or charitable organizations, which are designated as such in the tariff of the common carrier, free of charge or at reduced fees. As a 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. (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. It should be noted that fees will not be returned in any (i) Compensation; beneficial interest. 41107-41109). No fee shall be charged for reporting such changes. 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.
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