result, it may not include the most recent changes applied to the CFR. 40901-40904), and the rules and regulations of the Federal Maritime Commission relating to evidence of financial responsibility for OTIs (46 CFR part 515), this bond shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Principal arising from the Principal's transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18
41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. (d) Invoices; documents available upon request. 515.42 Forwarder and carrier compensation; fees. (b) To whom issued. Should applicant fail to file the requisite proof of financial
Show the total number of years
Persons who have had their applications rejected may submit a new Form FMC-18 at any time, together with the required filing fee. 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. 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. freight forwarding. (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. The acceptance or solicitation of any other shipments is expressly prohibited until a new license has been issued. The completed questionnaire and any supporting documents must be returned within 30 days. For LLPs and LLCs, an Amended Partner Membership
If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Responsibility Requirements. (s) Shipment means all of the cargo carried under the terms of a single bill of lading. office is to be listed in Part F. Branch offices outside the US are not
No licensed freight forwarder shall share, directly or indirectly, any compensation or freight forwarding fee with a shipper, consignee, seller, or purchaser, or an agent, affiliate, or employee thereof; nor with any person advancing the purchase price of the property or guaranteeing payment therefor; nor with any person having a beneficial interest in the shipment. 7. 6. the Commission's regulations that explains the Licensing and Financial
(e) False or fraudulent claims, false information. 515.14 Issuance, renewal, and use of license. [64 FR 11171, Mar. If more than six (6)
Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573-0001.
46 CFR 515.11 - Basic requirements for licensing; eligibility. Free LLC Meeting Minutes Template | Sample - Word - EForms When the licensee's or registrant's name appears on shipping documents, its Commission license or registration number shall also be included. Organization and Purpose
Medicare Savings Program - Qualifying Individual (QI-1) Program - Colorado The licensee may request a hearing on the proposed revocation or suspension by submitting to the Commission's Secretary, within twenty (20) days of the date of the notice, a statement of reasons why the license should not be revoked or suspended. 3411; 21 U.S.C. The Commissions Ocean Transportation Intermediary (OTI) Compliance Program is conducted primarily by written correspondence and directly engages the OTIs management in a quick, high-level review of the OTIs bonding level, tariff, and current operating status to determine whether additional actions are needed to comply with Commission requirements. (d) The length and nature of the qualifying individual's experience in handling ocean transportation intermediary duties. From the Qualifying Individuals screen, click the Edit icon. 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.
FMC license | U.S.A. IMPORT & EXPORT LAWS of Incorporation and minutes of a meeting appointing officers (or other
or existing codification. (2) Notices described in paragraph (c)(1) of this section shall be promptly submitted in writing by mail or email (bcl@fmc.gov) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. This document is available in the following developer friendly formats: Information and documentation can be found in our 515.2(i) and (l) of the
No licensed freight forwarder shall render, or offer to render, any freight forwarding service free of charge or at a reduced fee in consideration of receiving compensation from a common carrier or for any other reason. name must be submitted with an initial application or where the application
18. 2. To be eligible for an ocean transportation intermediary license, the applicant must demonstrate to the Commission that: (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 following changes in an existing licensee's organization require prior approval of the Commission, and application for such status change or license transfer shall be made on Form FMC-18, filed with the Commission's Bureau of Certification and Licensing, and accompanied by the fee required under 515.5(c): (1) Transfer of a corporate license to another person; (2) Change in ownership of a sole proprietorship; (3) Any change in the business structure of a licensee from or to a sole proprietorship, partnership, limited liability company, or corporation, whether or not such change involves a change in ownership; (4) Any change in a licensee's name, including adding or deleting a trade name relating to its OTI services; or. proposing more than one qualifying individual complete Part D for each
(a) Any NVOCC whose primary place of business is located outside the United States and does not elect to become licensed by the Commission shall register with the Commission by submitting to the Director of the Bureau of Certification and Licensing (BCL) a completed registration form, Form FMC-65 (Foreign-based Unlicensed NVOCC Registration/Renewal). <>>>
If you are changing
date of application, is also needed for any corporation that has been in
E-Learning Home. and title of the proposed qualifying individual for the applicant. writing to the Federal Maritime Commission, Bureau of Certification and
If this is an initial application for a license, the change
14. 8.Second Qualifying Individual (Optional) The company has the option to qualify a second individual. (c) Use of license or registration by others; prohibition. will bring you directly to the content. Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. (c) Notices of court and other claims against OTIs by financial responsibility providers. (d) Common carrier.
33 CFR 155.1026 - Qualified individual and alternate qualified substance. 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. Each group or association of ocean transportation intermediaries shall be responsible for requiring each member ocean transportation intermediary to provide it with valid proof of financial responsibility annually; (5) Where the group or association of ocean transportation intermediaries determines to secure on behalf of its members other forms of financial responsibility, as specified by this section, for damages, reparations or penalties not covered by a member's individual financial responsibility coverage, such additional coverage must: (i) Allow claims to be made in the United States directly against the group or association's Surety, Insurer or Guarantor for damages against each covered member ocean transportation intermediary arising from each covered member ocean transportation intermediary's transportation-related activities under the Act, or order for reparations issued pursuant to section 11 of the Act (46 U.S.C. To qualify for any of the three types of OTI license (Large PDF) issued by the Federal Maritime Commission (FMC), your company must demonstrate to the FMC that at least one of your company officers has a minimum of three (3) years working experience for an FMC licensed NVOCC, ocean forwarder, or ocean carrier in the USA. proof of legal name) and include the proper fee. 40902 and this part. 1, January 20, 2003. b. No licensed freight forwarder shall charge or collect compensation in the event the underlying common carrier, or its agent, has, at the request of such forwarder, performed any of the forwarding services set forth in 515.2(h), unless such carrier or agent is also a licensed freight forwarder, or unless no other licensed freight forwarder is willing and able to perform such services. typed, no hand written submissions will be accepted. 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 group bond shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against such OTIs arising from OTI transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. (13) Giving expert advice to exporters concerning letters of credit, other documents, licenses or inspections, or on problems germane to the cargoes' dispatch. 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. application for a name change or license transfer, please enter the name of the
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. A rider to the bond should list the qualifying branch address in the United States. the qualifying individual only as it relates to those jobs where experience was
Notice of filing of each application shall be published on the Commission 's Web site www.fmc.gov and shall state the name and address of the applicant and the name of the QI. (b) For purposes of this part, a person is considered to be in the United States if such person is resident in, or incorporated or established under, the laws of the United States. The QI program is a Medicare savings program. Prior to the date it commences furnishing ocean transportation intermediary services, every ocean transportation intermediary shall establish its financial responsibility for the purpose of this part by one of the following methods: (a) Surety bond, by filing with the Commission a valid bond on Form FMC-48. This content is from the eCFR and may include recent changes applied to the CFR. 40901-40904). (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. Upon request, a general statement of its business activities and those of its affiliates, along with a written list of the names of such affiliates, will be provided.
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). 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. 40901-40904) and this part. (d) Federal military and civilian household goods. (b) A registration form which appears, upon submission, to be substantially incomplete may be rejected. You can A6, A7, B5, B6, B7, etc). LII Electronic Code of Federal Regulations (e-CFR) Title 46 - Shipping CHAPTER IV - FEDERAL MARITIME COMMISSION SUBCHAPTER B - REGULATIONS AFFECTING OCEAN SHIPPING IN FOREIGN COMMERCE PART 515 - LICENSING, REGISTRATION, FINANCIAL RESPONSIBILITY REQUIREMENTS AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES (i) Compensation; beneficial interest. You may obtain
punctuation. ____, 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. Question 16 is an officer, director, partner, member, owner, stockholder,
But only an HSA lets you take tax-free distributions for qualified medical expenses. In witness whereof we have hereunto set our hands and seals on this ____________day of ____, 20____. (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. Officers: Luis A. Marquez, President, (Qualifying Individual). Learn more about the eCFR, its status, and the editorial process. . copies of the Form FMC-18 and the related Surety Bond Form FMC-48, at the
FMC Regulations & Statutes - Federal Maritime Commission (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. We recommend you directly contact the agency responsible for the content in question. these rules and regulations may result in denial, revocation or suspension of
1. Jun. Company Name, including additions or removals of trade names, Business structure change (such as a conversion from a corporation to an LLC), Addition of NVOCC or Ocean Freight Forwarding authority. and continue entering the information. violation. Part B, Question No. site when drafting amendatory language for Federal regulations:
Customs Brokers - Notification of Move/Change of address (b) Group financial responsibility. If you are changing your
C.F.R. (Please type name of signer under each signature).
PDF Configure ISE 2.4 and FMC 6.2.3 pxGrid Integration (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. A person must be given the opportunity to choose which benefit they prefer . 7. Any unreported change may delay the processing and investigation of the application and result in rejection, closing, or denial of the application. (g) Duplicative compensation. What is the definition of a qualified 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. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. (c) Operation after retirement, resignation, or death of QI. 515.18 Application after revocation or denial. An official document supporting the legal name shall be
We are also republishing a certification process pertaining to. If you are transferring a
41107-41109). 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. (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. formatting. Indicate all entities of any type whether in the United
Forwarder and carrier compensation; fees. 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. (d) In-plant arrangements. 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. 8, 1999, as amended at 69 FR 17945, Apr. 8, 1999, as amended at 80 FR 68734, Nov. 5, 2015]. - Regulations Affecting Ocean Shipping in Foreign Commerce, https://www.ecfr.gov/current/title-46/chapter-IV/subchapter-B/part-515, Licensing, Registration, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries, Eligibility and Procedure for Licensing and Registration. here. 40904(d)) and 46 CFR part 535. [80 FR 68735, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. individual. place of business (must be the physical address of applicant). 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.