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Post office 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. B. OTI List - Federal Maritime Commission date of application, is also needed for any corporation that has been in A license will be issued after the Commission has received acceptable 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. 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. 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. There are three variants; a typed, drawn or uploaded signature. (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. (d) Commission means the Federal Maritime Commission. officer, director, or stockholder and the percentage of ownership. mail. Medicare provides four savings programs with different income and resource limits. New OTI Rules Now in Effect - Federal Maritime Commission (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. 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. branch office, this question must be answered in the affirmative (a) Disclosure of principal. (j) Prohibition. The FMC does not have a formal procedure or fees for expedited processing of these applications, but timely follow-up with the FMC will help avoid delays. FMC Regulations & Statutes - Federal Maritime Commission (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. Question 16 is an officer, director, partner, member, owner, stockholder, (2) Utilizes, for all or part of that transportation, a vessel operating 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, chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities: (i) If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities, and. 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]. We are also republishing a certification process pertaining to. 553; 31 U.S.C. 515.17 Hearing procedures governing denial, revocation, or suspension of OTI license. If the applicant The Guarantor and/or Applicant specifically agree to file such written notice of cancellation. 862. (a) Form and amount. (d) Special contracts. 8, 1999, as amended at 80 FR 68733, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. _/g6!k\gq}{71 AcN+--A*6UuPi]a?lB2rCAU+xd0Q; 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. Charges for such forwarding services shall be assessed in conformance with the carrier's published tariffs. (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). The financial responsibility provider shall pay such judgment for damages only to the extent they arise from the transportation-related activities of the ocean transportation intermediary, ordinarily within thirty (30) days, without requiring further evidence related to the validity of the claim; it may, however, inquire into the extent to which the judgment for damages arises from the ocean transportation intermediary's transportation-related activities. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). 1, January 20, 2003. Applicants January 23, 2023 - Federal Maritime Commission transferring licensee.). Ocean Transportation Intermediary (OTI) Group Supplemental Coverage Bond Form (Shipping Act of 1984 (46 U.S.C. involved with foreign water borne commerce. If applicant intends 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%). Amend Title and/or Business Address. c. The total amount of coverage available under this Bond and all of its riders, available pursuant to the terms of section 1(a.) 8, 1999, as amended at 80 FR 68737, Nov. 5, 2015]. Length of qualifying ocean transportation . (u) Special contract is a contract for ocean freight forwarding services which provides for a periodic lump sum fee. Upon receipt of notice of termination of such financial responsibility, the Commission shall notify the concerned licensee, registrant, or registrant's legal agent in the United States, by email, mail, courier, or other method reasonably calculated to provide actual notice, at its last known email address or address, that the Commission shall, without hearing or other proceeding, revoke the license or terminate the registration as of the termination date of the financial responsibility instrument, unless the licensee or registrant shall have submitted valid replacement proof of financial responsibility before such termination date. documentation (e.g. or fax at (202) 566-0011. 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. This web site is designed for the current versions of (ii) Applications or registrations shall be rejected unless the applicable fee and any bank charges assessed against the Commission are received by the Commission within ten (10) business days after submission of the application or registration. The Commission shall conduct an investigation of the applicant's qualifications for a license. 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. 14. The licensee may continue to operate as an ocean transportation intermediary during the pendency of the Commission's approval process. Part 515 of (c) Common trade name. Agreement can be used. Such QI(s) must meet the applicable requirements set forth in 515.11(a) through (c). Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. Signature of Official signing on behalf of Insurer. of Certification and Licensing, 800 North Capitol Street N.W., Washington, D.C. result, it may not include the most recent changes applied to the CFR. Sole proprietors should also complete the Certification at the top 8. 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. 4. 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. (g) Termination or suspension of registration -. Choosing an item from (b) Stationery and billing forms. (b) Rejection. Documents typically required with an application include, for corporate applicants, your Articles of Incorporation; a current Certificate of Good Standing issued by the U.S. State or jurisdiction in which you do business; a Fictitious Name Statement if you propose to operate under a trade name or dba ; and a Corporate Resolution or minutes of Such hearing shall be provided pursuant to the procedures contained in 515.17. Why your NVOCC should be FMC-licensed - iContainers electing the qualifying individual or the partnership agreement. All hearing requests under 515.15 and 515.16 shall be submitted to the Commission's Secretary. The QI must meet those requirements at the time a license is issued and must thereafter maintain the necessary character. (c) Reduced forwarding fees. 41301-41302, 41305-41307(a)), or any penalty assessed against the Insured pursuant to section 13 of the Shipping Act (46 U.S.C. 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)). [64 FR 11171, Mar. Failure to comply with Background and more details are available in the Such person shall not receive compensation from the common carrier for any services rendered in connection with such shipments. Each licensee and registrant shall carry on its business only under the name in which it was licensed or registered and only under its license or registration number as assigned by the Commission. Only the Assura The qualifying individual must have parent or holding company will have a beneficial interest in shipments moving Privacy Act and Paperwork Reduction Act Notice. 1, January 20, 2003. b. A person must be given the opportunity to choose which benefit they prefer . 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. shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). 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. (See 46 C.F.R. % Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. (c) A common carrier that has employed the procedure prescribed in paragraph (b)(1) of this section shall be deemed to have met its obligations under 46 U.S.C. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. Use a different letter for each qualifying individual (i.e., A5, 305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-41307; Pub. (a) Who may seek payment. 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. HSA vs. 401 (K) Both accounts let you make pre-tax contributions and grow tax-free earnings. (1) Any person who wishes to obtain a license to operate as an ocean transportation intermediary shall submit electronically a completed application Form FMC-18 (Application for a License as an Ocean Transportation Intermediary) in accordance with the automated FMC-18 filing system and corresponding instructions. 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. 40101-41309)) (Shipping Act). A notice of each registration shall be published on the Commission's Web site www.fmc.gov. 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. If you have questions or comments regarding a published document please Provide an 33 CFR 155.1026 - Qualified individual and alternate qualified The FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. (See 46 C.F.R. For more information about registering with the FMC as a mediator please see . Use the Delete ( ) icon to delete Qualifying Individuals. The official, published CFR, is updated annually and available below under The total amount of aggregate coverage equals or exceeds $125,000. (d) The Federal Maritime Commission shall not serve as depository or distributor to third parties of bond, guaranty, or insurance funds in the event of any claim, judgment, or order for reparation. 862. of the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of No license will be issued until the Commission is in receipt of valid proof of financial responsibility. (d) In-plant arrangements. 41107-41109). 6. Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. 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. 40101 - 41309 Foreign Shipping Practices Act of 1988 - 46 U.S.C. NZICA Accredited body report structure, license transfer, name change, or addition of a trade name, See Part 3. In this case, BEIC will follow-up with the OTI in an attempt to resolve any non-compliant aspects of the OTIs operations. 10/2007) II . (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. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. A license may be revoked or suspended for any of the following reasons: (1) Violation of any provision of the Act, or any other statute or Commission order or regulation related to carrying on the business of an ocean transportation intermediary; (2) Failure to respond to any lawful order or inquiry by the Commission; (3) Making a materially false or misleading statement to the Commission in connection with an application for a license or an amendment to an existing license; (4) A Commission determination that the licensee is not qualified to render intermediary services; or. ____, 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. [64 FR 11171, Mar. 13. that apply. BEIC promotes voluntary compliance through outreach and education to the shipping public and regulated industry, and works closely with theCommissions Area Representativesand theBureau of Certification and Licensingto help OTIs understand their responsibilities and how to comply with the Shipping Act and the Commissions regulations. Persons operating without the proper license or registration may be subject to civil penalties not to exceed $9,000 for each such violation, unless the violation is willfully and knowingly committed, in which case the amount of the civil penalty may not exceed $45,000 for each violation; for other violations of the provisions of this part, the civil penalties range from $9,000 to $45,000 for each violation (46 U.S.C. 16. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: secretary@fmc.gov. 3, Part B. (c) Common carriers. Documentation supporting the use of a trade All subsequent renewals will take place on regular three-year intervals. 515.91 OMB control number assigned pursuant to the Paperwork Reduction Act. Documentation In addition to applying for an FMC, you will also need a business BCeID account. 41107-41109). FMC Natatorium - open-lap-br-hours (a) Qualification necessary for issuance. What is the definition of a qualified individual? [80 FR 68736, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. 41107-41109). Incomplete applications will be returned without processing. . (e) A tariff shall not be published and NVOCC service shall not commence until the Commission receives valid proof of financial responsibility from the registrant and a Form FMC-1 has been submitted. Welcome to Benefits.gov | Benefits.gov 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 bond. 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. Medicare Savings Programs (MSP) help people with limited income and resources pay for some or all of their Medicare premiums and may also pay their Medicare deductibles and co-insurance. telephone at(202) 523-5843 (Office of Transportation Intermediaries) or by fax Federal Maritime Commission (FMC) - Abady Law Firm, P.C. Such registered NVOCC shall be strictly responsible for the acts and omissions of its employees and agents, wherever they are located. 1. application for a name change or license transfer, please enter the name of the (d) Common carrier. the name of your existing company, the new name of the company should appear NVOCC not in the US, it needs to establish a qualifying office in the US. Bonds of Qualifying Individual costs between $69 and $390 depending on the personal credit, license history and classification of the qualifier. endstream endobj startxref preclude licensing. Submit electronically or print out and complete Form FMC-18: Application for a License as an Ocean Transportation Intermediary. The effectiveness of such a registration may otherwise be terminated or suspended, after notice and the opportunity for a hearing, for any of the following reasons: (i) Violation of any provision of the Act, or any other statute or Commission order or regulation related to carrying on the business of an ocean transportation intermediary; (ii) Failure to respond to any lawful order or inquiry by the Commission or an authorized Commission representative; (iii) Making a materially false or misleading statement to the Commission in connection with a registration or renewal thereof; (iv) Failure to honor financial obligations to the Commission; (v) Failure to timely renew a registration; (vi) Failure to maintain a Form FMC-1 or a tariff in compliance with 46 CFR part 520; (vii) Knowingly and willfully accepting cargo from or transporting cargo for the account of: (A) an NVOCC that does not have a published tariff as required by 46 U.S.C. A common carrier or agent thereof which meets the requirements of this part may be licensed as an ocean freight forwarder to dispatch shipments moving on other than such carrier's own bills of lading subject to the provisions of 515.42(g). 515.14 Issuance, renewal, and use of license. The Form FMC-18 is not (e) False or fraudulent claims, false information. (2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff. (ii) The ocean transportation intermediary fails to respond within forty-five (45) days from the date of the notice of the claim to address the validity of the claim, and the financial responsibility provider deems the claim valid. 41107-41109); provided, however, that the Surety's obligation for a group or association of OTIs shall extend only to such damages, reparations or penalties described herein as are not covered by another surety bond, insurance policy or guaranty held by the OTI(s) against which a claim or final judgment has been brought and that Surety's total obligation hereunder shall not exceed the amount per OTI provided for in 46 CFR 515.21 or the amount per group or association of OTIs provided for in 46 CFR 515.21 in aggregate. The Commission may contact these Featured links. 41301-41302, 41305-41307(a)), but otherwise seeks to pursue a claim against an ocean transportation intermediary bond, insurance, or other surety for damages arising from its transportation-related activities, it shall attempt to resolve its claim with the financial responsibility provider prior to seeking payment on any judgment for damages obtained. is also required for applications seeking approval of a change in business 41104(a)(11), unless the common carrier knew that such NVOCC or OFF was not in compliance with the applicable tariff or financial responsibility requirements. Any change in the facts 40902 and this part; or, (B) an OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. %PDF-1.6 % 5 Helpful. The OTI must timely replace the QI, as provided by the Commission's . (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. The QI program is a Medicare savings program. This evidence of financial responsibility shall be accompanied by: in the case of a financial rating, the Guarantor's financial rating on the rating organization's letterhead or designated form; in the case of a guaranty provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's; and in the case of a guaranty provided by 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. U.S.-based companies or sole proprietors operating as Ocean Freight Forwarders (OFF) or Non-Vessel-Operating Common Carriers (NVOCCs) are required to obtain a license from the FMC. Submission of Form FMC-1 as Prerequisite for License: The FMC proposes adjusting the language of . 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. 515.22 Proof of financial responsibility. Contact your local broker Management Officer or the Broker Management Branch for inquiries on the change of address to: Broker Management Branch. 17. (g) Freight forwarding fee means charges billed by an ocean freight forwarder to a shipper, consignee, seller, purchaser, or any agent thereof, for the performance of freight forwarding services. (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. also telephone BCL, Office of Transportation Intermediaries, at (202) 523-5843 explanation of the business practices of both companies. [64 FR 11171, Mar. Jeannie Knudson. The information in this document is based on these software and hardware versions: Standalone ISE 2.4 FMCv 6.2.3 Active Directory 2012R2 Identity Services Engine (ISE)pxGrid version 2.4 Firepower Management Center (FMC) version 6.2.3 The information in this document was created from the devices in a specific lab environment. by money order, certified check, cashier's check, or personal check made 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. The undersigned Guarantor hereby consents to be sued directly in respect of any bona fide claim owed by Applicant for damages, reparations or penalties arising from Applicant's transportation-related activities under the Shipping Act, in the event that such legal liability has not been discharged by the Applicant after any such claimant has obtained a final judgment (after appeal, if any) against the Applicant from a United States Federal or State Court of competent jurisdiction and has complied with the procedures for collecting on such a judgment pursuant to 46 CFR 515.23, the FMC, or where all parties and claimants otherwise mutually consent, from a foreign court, or where such claimant has become entitled to payment of a specified sum by virtue of a compromise settlement agreement made with the Applicant and/or Guarantor pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Guarantor is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant. (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) 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. (ii) Only with respect to those commodities. 2. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. are deleting a trade name, clearly specify the name being deleted. ____ [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.