fmc qualifying individual

fmc qualifying individual

The terms used in this part are defined as follows: (a) Act or Shipping Act means the Shipping Act of 1984, as amended. (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. (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. 1221 0 obj <>/Filter/FlateDecode/ID[<771312062B97CA4C8DD3E39D25FD9618>]/Index[1208 33]/Info 1207 0 R/Length 83/Prev 603469/Root 1209 0 R/Size 1241/Type/XRef/W[1 3 1]>>stream regulations. Upon the request of its principal(s), each licensed freight forwarder shall provide a complete breakout of its charges and a true copy of any underlying document or bill of charges pertaining to the licensed freight forwarder's invoice. Location: FMC Natatorium Address: 275 Plaza Dr, Westmont, IL 60559 . 41107-41109). (c) Affiliates of intermediaries. (e) Other changes. A document supporting the legal business name Examples of work experience that are not considered (1) A licensee operating as an NVOCC and a freight forwarder, or a person related thereto, may collect compensation when, and only when, the following certification is made together with the certification required under paragraph (c) of this section: The undersigned certifies that neither it nor any related person has issued a bill of lading or otherwise undertaken common carrier responsibility as a non-vessel-operating common carrier for the ocean transportation of the shipment covered by this bill of lading. (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. Form FMC-18must be filed for any changes to a licensee: Other changes to information reported on the original Form FMC-18 may be reported by an officer of the company via email to oti@fmc.gov. 515.2 (i) and 515.2 (l), 515.11 (a)). 155.1026 Qualified individual and alternate qualified individual. (eg: Officers: Luis A. Marquez, President, (Qualifying Individual). proof of financial responsibility upon notification by the Commission that the Describe applicant's A non-U.S.-based NVOCC must establish a presence in the United States by opening and maintaining an unincorporated branch office that is resident in the U.S. and is qualified by the Secretary of State office (or equivalent) in the state/territory in which the company is located. trade name or adding a trade name, you must attach the appropriate The eCFR is displayed with paragraphs split and indented to follow (2) Partnership. Write your awesome label here. of Incorporation and minutes of a meeting appointing officers (or other Non-U.S.-based NVOCCs, unless licensed, are required to submit proof of financial responsibility in the amount of $150,000; it is recommended that the registered NVOCC use a licensed OTI for any OTI services performed on its behalf in the United States. 19. US 11. The qualifying individual's experience must have been gained in the United States. Track record and fund management expertise of the applicant and its parent company or major shareholders. 2. application, e.g. 14. (2) An OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. 10/2007) II . (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. (a) Licensees and registrants; names and numbers. [80 FR 68736, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. You may performed by the qualifying individual. (D) By other means authorized by the Director of the Commission's Office of Budget and Finance. (Please type name of signer under each signature). (See 46 C.F.R. 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. In the event an application is closed as a result of the applicant's failure to provide information or documents necessary to complete processing, the filing fee will not be returned. We recommend you directly contact the agency responsible for the content in question. The liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall aggregate the penalty of this bond, and in no event shall the Surety's total obligation hereunder exceed the amount per member OTI set forth in 46 CFR 515.21, identified in Appendix A, or the amount per group or association of OTIs set forth in 46 CFR 515.21, regardless of the number of OTIs, claims or claimants. 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. Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. A notice of each registration shall be published on the Commission's Web site www.fmc.gov. The Commission may contact these States or abroad that is related to the applicant in any other way (e.g., where The Surety consents to be sued directly in respect of any bona fide claim owed by any or all of the OTIs identified in Appendix A for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act of the OTIs in the event that such legal liability has not been discharged by the OTIs or Surety after a claimant has obtained a final judgment (after appeal, if any) against the OTIs 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 Federal Maritime Commission, 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 OTI(s) and/or Surety pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Surety is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant(s). Identify any person with the applicant. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. Identify the name Unlike corporations, LLCs are not required by state law to track meeting minutes upon convening. The licensed freight forwarder's name may appear with the name of the shipper, but the forwarder must be identified as the shipper's agent. An independently qualified applicant may be granted a separate license to carry on the business of providing ocean transportation intermediary services even though it is associated with, under common control with, or otherwise related to another ocean transportation intermediary through stock ownership or common directors or officers, if such applicant submits: A separate application and fee, and a valid instrument of financial responsibility in the form and amount prescribed under 515.21. commerce. 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. 41107-41109). 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. The liability of the Insurer shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall aggregate the penalty of the Insurance in the amount per member OTI set forth in 46 CFR 515.21, or the amount per group or association of OTIs set forth in 46 CFR 515.21, regardless of the financial responsibility or lack thereof, or the solvency or bankruptcy, of Insured. 1996, chap 292), and in accordance with Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the . proper license may be subject to civil penalties not to exceed $6,000 for each A "Certificate of Good Standing", issued within 6 months from the The following condition is added to this Bond: a. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. [64 FR 11171, Mar. 515.2(i), the fees required to be submitted with various types of applications: All payments may be made by money order, certified check, cashier's check, or personal check made At least one of the active corporate officers. Copies of this form will be maintained until the corresponding license has been revoked. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. preclude licensing. (b) Group financial responsibility. (a) Grounds. 515.14 Issuance, renewal, and use of license. 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. If the transferor will application to make certain that all applicable parts have been completed and 8, 1999, as amended at 74 FR 50719, Oct. 1, 2009; 80 FR 68730, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). 1998 and the Coast Guard Authorization Act of 1998, and 46 C.F.R. OTIs. Provide an If you have questions or are unsure, please give us a call at 630-537-1188. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. To receive the program benefits,. 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. Any person which exclusively transports used household goods and personal effects for the account of the Department of Defense, or for the account of the federal civilian executive agencies shipping under the International Household Goods Program administered by the General Services Administration, or both, is not subject to the requirements of subpart B of this part, but may be subject to other requirements, such as alternative surety bonding, imposed by the Department of Defense, or the General Services Administration. Submission is completely voluntary. 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. (b) Certification required for compensation. [515.19(f) &515.20] These changes should be sent tooti@fmc.gov. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly The licensed or registered NVOCC and each licensed freight forwarder may maintain these records in either paper or electronic form, which shall be readily available in usable form to the Commission; the electronically maintained records shall be no less accessible than if they were maintained in paper form. made within 45 days from receipt of the application, assuming the application information or personal data. boxes are not acceptable as a business address, but may be used for receipt of (b) Filing of license application forms. 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. Application Type: New OFF & NVO License. Documentation BEIC then works with the OTI, its tariff publisher, and bonding company, as necessary, to assist the OTI in bringing its operations into compliance. 40904(d)) and 46 CFR part 535. 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. *Prices shown are for a one year term and are based on several factors including personal credit, license history, years in business and active licensing and bonding of the qualifier. endobj (Please type name of signer under each signature. Administrative subpoenas shall be served in accordance with 502.134 of this chapter. 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. 515.25 Filing of proof of financial responsibility. the Commission's regulations that explains the Licensing and Financial

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