fmc qualifying individual fmc qualifying individual

"Published Edition". 3. 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). The applicant must obtain (u) Special contract is a contract for ocean freight forwarding services which provides for a periodic lump sum fee. For corporations, the Articles The required OTI experience of the QI of a foreign-based NVOCC seeking to become licensed under this part (foreign-based licensed NVOCC) may be experience acquired in the U.S. or a foreign country with respect to shipments in the United States oceanborne foreign commerce. openssl req -new -key fmc.key -out fmc.csr. Examples of work experience that are not considered application for a license as an ocean transportation intermediary has been In such cases, a group or association must establish financial responsibility in an amount equal to the lesser of the amount required by paragraph (a) of this section for each member, or $3,000,000 in aggregate. Jeannie Knudson. Such registered NVOCC shall be strictly responsible for the acts and omissions of its employees and agents, wherever they are located. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Please click here to be redirected. trade name or adding a trade name, you must attach the appropriate This includes a non-resident who performs duties which by virtue of Section 28 of the Income Tax (Earnings & Pensions) Act 2003 are treated as being performed in the UK (Crown employees serving overseas) or is married to, or is in a civil partnership with a person . branch office, this question must be answered in the affirmative (eg: (b) Beneficial interest includes a lien or interest in or right to use, enjoy, profit, benefit, or receive any advantage, either proprietary or financial, from the whole or any part of a shipment of cargo where such interest arises from the financing of the shipment or by operation of law, or by agreement, express or implied. This result, it may not include the most recent changes applied to the CFR. . 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. endstream endobj startxref at (202) 566-0011. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. What is the definition of a qualified individual? proper license may be subject to civil penalties not to exceed $6,000 for each This web site is designed for the current versions of The primary responsibility of the Assistant Secretary of the Air Force, Financial Management and Comptroller (SAF/FM) is to exercise of the comptroller functions of the Department of the Air Force, including financial management functions. qualify, it is suggested that you review 46 C.F.R. punctuation. As a preclude licensing. The Register can be searched here. ALL (13) Giving expert advice to exporters concerning letters of credit, other documents, licenses or inspections, or on problems germane to the cargoes' dispatch. A qualifying individual must have at least three years of demonstrable OTI experience in the U.S. trades that can be confirmed by the FMC and, be an officer of the company. you can't claim him or her as a dependent not a qualifying person. 12. Any person serving the Secretary must also send to the ocean transportation intermediary, or group or association of ocean transportation intermediaries which provide financial coverage for the financial responsibilities of a member ocean transportation intermediary, by mail or courier service at the ocean transportation intermediary's, or group's, address published in its tariff, a copy of each document served upon the Secretary, and shall attest to that service at the time service is made upon the Secretary. 13. This Guaranty is effective the day of ____, ____, ____ 12:01 a.m., standard time at the address of the Guarantor as stated herein and shall continue in force until terminated as herein provided. xZmoFna?R%(sd9u9IMqh,9$;,XKr(K Efggyv7HU~a|Q1Y/97..nx/OINd/'d|lpz9||mmSX=}8=lT}== &lL~_'mzU]3 HYc%BfK? std$: #zVs`q -?_=UI WLze? r*"Crz3alF\/ X^9|O8JrW){ZR)KH~()> 'e2(q4P~D 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 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. No license or registration shall remain in effect unless valid proof of a financial responsibility instrument is maintained on file with the Commission. Licensed, Non-U.S.-based NVOCCsare required to submit proof of financial responsibility in the amount of $75,000. These rules and regulations are contained in section 19 legal name of the applicant must be shown in this section. indicate old name or transferor. The Insurer 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 the Insurance. Let us help you navigate the regulatory seas! 40101-41309), or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. A second qualifying individual may qualify on behalf of the company with 5 or more years of experience or with 2 to 4 years of experience by taking an exam administered by the Division . applications. a copy of the corporate minutes (2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff. information or personal data. Incomplete applications will usually be returned within a Partnerships or similar entities must list the name of If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. (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. Now, Therefore, The condition of this obligation is that the penalty amount of 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 or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. with the applicant. For an LLC, the names of the managers, members or officers, as applicable, may be published. Displaying title 46, up to date as of 3/02/2023. 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. FMC Aquatic Senior Qualifying Meet. If Qualifying Individual (QI) What does it take to be a Qualifying Individual (QI)? If the Commission denies the application, such denial is final and not subject to the hearing procedures described in 515.15 and 515.17. (s) Shipment means all of the cargo carried under the terms of a single bill of lading. (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. NVOCC not in the US, it needs to establish a qualifying office in the US. For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. export shipper, steamship agent, air freight The Insurer must certify that it has sufficient and acceptable assets located in the United States to cover all damages arising from the transportation-related activities of the insured ocean transportation intermediary as specified under the Act. 40101-41309) (Shipping Act). The Commission will update this list on a periodic basis. (d) Designations of legal agent under paragraphs (a) and (b) of this section and provisions relating to service of process under paragraph (c) of this section shall be published in the ocean transportation intermediary's tariff, when required, in accordance with part 520 of this chapter. If you have questions for the Agency that issued the current document please contact the agency directly. In addition to applying for an FMC, you will also need a business BCeID account. of more than one trade name, documentation is needed stating which name will be To receive the program benefits,. (h) Non-vessel-operating common carriers; compensation. Each group or association of ocean transportation intermediaries or its financial responsibility provider shall notify the Commission within 30 days of any changes to its list; (3) The group or association shall provide the Commission with a sample copy of each type of existing financial responsibility coverage used by member ocean transportation intermediaries; (4) Each group or association of ocean transportation intermediaries shall be responsible for ensuring that each member's financial responsibility coverage allows for claims to be made in the United States against the Surety, Insurer or Guarantor for any judgment for damages against the ocean transportation intermediary arising from its transportation-related activities under the Act, or order for reparations issued pursuant to section 11 of the Act (46 U.S.C. 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. members of large organization or are affiliated with international of the applicant that perform OTI services. (j) Prohibition. Forwarder and carrier compensation; fees. 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. (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. V6Z 2G3 If your application and fees are accepted, you will be issued an FMC and client number. Mail or courier the assistance to the applicant including anyone who is providing collateral for (5) Failure to honor the licensee's financial obligations to the Commission. 515.2(i) and (l) of the 41107-41109). (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). Should applicant fail to file the requisite proof of financial 20. (b) Qualifying individual. (a) Compensation or fee sharing. The insurance evidenced by this undertaking shall be applicable only in relation to incidents occurring on or after the effective date and before the date termination of this undertaking becomes effective. Bonds of Qualifying Individual costs between $69 and $390 depending on the personal credit, license history and classification of the qualifier. If additional space is The identity of the shipper must always be disclosed in the shipper identification box on the bill of lading. (c) Receipts and disbursements by shipment. OMB control number assigned pursuant to the Paperwork Reduction Act. 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. If you It is not an official legal edition of the CFR. The Guarantor's liability under this Guaranty shall attach only in respect of such activities giving rise to a cause of action against the Applicant, in respect of any of its transportation-related activities under the Shipping Act, occurring after the Guaranty has become effective, and before the expiration date of this Guaranty, which shall be the date thirty (30) days after the date of receipt of mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, that either Applicant or the Guarantor has elected to terminate this Guaranty. ), Ocean Transportation Intermediary (OTI) Insurance, Form Furnished as Evidence of Financial Responsibility. 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. Figure 5: Modify Qualifying Individual How to Remove a Qualifying Individual 1. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: secretary@fmc.gov. [64 FR 11171, Mar. 40101-41309) (Shipping Act). parent or holding company, or an employee of any other firm in the United The term "qualifying individual" (QI) is added and defines QI as an individual who meets the Shipping Act's experience and character requirements. 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. This Guaranty shall be governed by the laws in the State of ____ to the extent not inconsistent with the rules and regulations of the FMC. (c) Failure to provide necessary information and documents. 515.23 Claims against an ocean transportation intermediary. Such amount is separate and distinct from the bond amount set forth in the first paragraph of this Bond. a minimum of three years experience in the ocean transportation intermediary Corporation), [80 FR 68738, Nov. 5, 2015; 81 FR 4593, Jan. 27, 2016], Optional Rider for Additional NVOCC Financial Responsibility [Optional Rider to Form FMC-48]. Identify whether applicant, For LLPs and LLCs, an Amended Partner Membership b`Y0}/yfD55J{\M:yCLl`(gY<3! G3r8y4(# yKoKjQ8q)J`i[r#@ An additional condition of this Bond is that $ ______________(payable in U.S. Signature of Official signing on behalf of Insurer. From the Qualifying Indiviuals screen . If you work for a Federal agency, use this drafting Everest Transportation Systems, LLC . endobj 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. Whenever a license has been revoked or an application has been denied because the Commission has found the licensee or applicant to be not qualified to render ocean transportation intermediary services, any further application within 3 years of the Commission's notice of revocation or denial, made by such former licensee or applicant or by another applicant employing the same qualifying individual, officer(s), member(s), manager(s) or controlled by persons on whose conduct the Commission based its determination for revocation or denial, shall be reviewed directly by the Commission. Submit Form FMC-18 and the required license application fee. There are three variants; a typed, drawn or uploaded signature. (i) Compensation; beneficial interest. [64 FR 11171, Mar. 41301-41302, 41305-41307(a)), and to the benefit of the Federal Maritime Commission for any penalty assessed against the Insured pursuant to section 13 of the Shipping Act (46 U.S.C. contact BCL any time during normal working hours (8:30 am - 5 pm, EST) by 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 group bond. (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. Only the (2) An OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. 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. 2021. (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. 515.26 Termination of financial responsibility. No fee shall be charged for reporting such changes. Licenses shall be issued for an initial period of not less than one year and not greater than four years as determined by the license number and published on the Commission website. LLC meeting minutes keep a written record of all consequential discussions, votes, and actions that occurred throughout a limited liability company (LLC) meeting. %PDF-1.5 515.21 Financial responsibility requirements. [64 FR 11171, Mar. An OTI shall account to its principal(s) or shipper(s) for overpayments, adjustments of charges, reductions in rates, insurance refunds, insurance monies received for claims, proceeds of C.O.D. 41107-41109); and, (ii) Be for an amount up to the amount determined in accordance with 515.21(b), taking into account a member's individual financial responsibility coverage already in place. (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. Please do not provide confidential If the applicant is If the applicant is an going to conduct OTI business through branch offices in the (a) Licensees and registrants; names and numbers. (h) Express written authority. if this is an application for a license transfer, this question must be (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). documentation that will verify that fact, e.g. completed. (g) Termination or suspension of registration -. The initial renewal of an OTI license can take place no sooner than one-year and no later than four-years from issuance. The acceptance or solicitation of any other shipments is expressly prohibited until a new license has been issued. current business activities, e.g. 40901-40904) and this part. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. 1, January 20, 2003. b. - Complete the ISE configuration and test. Except as otherwise provided in this part, no person may advertise, hold oneself out, or act as an ocean transportation intermediary unless that person furnishes a bond, proof of insurance, or other surety in a form and amount determined by the Commission to insure financial responsibility. The term beneficial interest shall not include any obligation in favor of an ocean transportation intermediary arising solely by reason of the advance of out-of-pocket expenses incurred in dispatching a shipment. In the event that the owner of a licensed sole proprietorship dies, the licensee's executor, administrator, heir(s), or assign(s) may continue operation of such proprietorship solely with respect to shipments for which the deceased sole proprietor had undertaken to act as an ocean transportation intermediary pursuant to the existing license, if the death is reported within 30 days to the Commission and to all principals and shippers for whom services on such shipments are to be rendered. (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. Upon the request of any authorized representative of the Commission, an OTI shall make available promptly for inspection or reproduction all records and books of account in connection with its ocean transportation intermediary business, and shall respond promptly to any lawful inquiries by such representative. 8, 1999, as amended at 80 FR 68733, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. 515.11 Basic requirements for licensing; eligibility. 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.