fmc qualifying individualfmc qualifying individual

(c) Common carriers. If the applicant is an (a) No common carrier may knowingly and willfully accept cargo from or transport cargo for the account of: (1) An NVOCC that does not have a published tariff as required by 46 U.S.C. All application forms (FMC-18) are now filed electronically. contact BCL any time during normal working hours (8:30 am - 5 pm, EST) by 40101-41309) (Shipping Act). Such investigations may address: (a) The accuracy of the information submitted in the application; (b) The integrity and financial responsibility of the applicant; (c) The character of the applicant and its qualifying individual; and. ( 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. From the Qualifying Indiviuals screen . All applications must contain a street address indicating the principal [78 FR 42887, July 18, 2013, as amended at 80 FR 68734, Nov. 5, 2015; 84 FR 62468, Nov. 15, 2019; 85 FR 9683, Feb. 20, 2020]. (a) Disclosure of principal. Choosing an item from 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 Applicant and Guarantor agree to handle the processing and adjudication of claims by claimants under the Guaranty established herein in the United States, unless by mutual consent of all parties and claimants another country is agreed upon. 41107-41109). (2) Hearing procedure. Check the Bonds of Qualifying Individual costs between $69 and $390 depending on the personal credit, license history and classification of the qualifier. hk%ZAK eV.U-tx 9U2yL2`1S1Oq/TQ!QhSUv*[N%6ZSE]bnYZqduN1MnTV,~O?Sny}>}Soj{}oyq^n?O'o|Y9lpw_O-7_|O_}(MMcP?7qvy7oyhDtw_Kx]AwNlo_/N7w?o>}s#uzL9o_f-UOGvozex}1vjZ?NmV*ROS7Lkx6rz{-vcbI{k0&4oC>p2FfL.w4^YtT{yFqSNccOQDD|=!l{kgqiCzB{i'zI}BsD&q6~SF8%M@l)$&,6*&0V@0!6sh}3Fl0 &4?9}[#9!%ZIs;nR)Fc;K_DkG4%(6'7y2HtV&HkGc[}kov-DwWLr4jmSMf$xcz(?u 'GekkdClO`=X*{68V-v5q. 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. Whereas, the Insurance is written to assure compliance by the Insured with section 19 of the Shipping Act (46 U.S.C. proof of financial responsibility in the form and amount prescribed in 46 business in the United States in order to be approved. 41107-41109). Any person whose primary business is the sale of merchandise may, without a license, dispatch and perform freight forwarding services on behalf of its own shipments, or on behalf of shipments or consolidated shipments of a parent, subsidiary, affiliate, or associated company. applications. 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. Applications for a new license by the executor, administrator, heir(s), or assign(s) shall be made on Form FMC-18, and shall be accompanied by the fee required under 515.5(c). surrendered, must complete Question No. appropriate box that applies to the applicant. 515.2(i) and 515.2(l), 515.11(a)). (b) Group financial responsibility. if this is an application for a license transfer, this question must be or fax at (202) 566-0011. Define Qualifying Individual. 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. 10. The Guarantor 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 covered ocean transportation intermediary as specified under the Act. A license is not required in the following circumstances: (a) Shippers. (Please type name of signer under each signature). (2) In addition to information provided by the applicant and its references, the Commission may consider all information relevant to determining whether an applicant has the necessary character to render ocean transportation intermediary services, including but not limited to, information regarding: Violations of any shipping laws, or statutes relating to the import, export, or transport of merchandise in international trade; operating as an OTI without a license or registration; state and federal felonies and misdemeanors; voluntary and non-voluntary bankruptcies not discharged; outstanding tax liens and other court and administrative judgments and proceedings; compliance with immigration status requirements described in 49 CFR 1572.105; denial, revocation, or suspension of a Transportation Worker Identification Credential under 49 CFR 1572; and the denial, revocation, or suspension of a customs broker's license under 19 CFR subpart B, section 111. To qualify for any of the three types of OTI license 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. 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. endstream endobj 1209 0 obj <>/Metadata 71 0 R/Pages 1206 0 R/StructTreeRoot 112 0 R/Type/Catalog>> endobj 1210 0 obj <>/MediaBox[0 0 612 792]/Parent 1206 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 1211 0 obj <>stream An official document supporting the legal name shall be (D) By other means authorized by the Director of the Commission's Office of Budget and Finance. OTI experience obtained outside the US .) The completed questionnaire and any supporting documents must be returned within 30 days. made within 45 days from receipt of the application, assuming the application (1) If a person does not file a complaint with the Commission pursuant to section 11 of the Shipping Act (46 U.S.C. 41107-41109). A group or association of ocean transportation intermediaries may also file an optional bond rider as provided in 515.25(b). preclude licensing. 1. 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. (a) Notice of shipper affiliation. . 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. The QI must meet those requirements at the time a license is issued and must thereafter maintain the necessary character. hb```^!b`f`sL``p`Hadw5Sl;`}5A55itFN)as_,;#n 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. (b) Certification required for compensation. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. 862. The hearing will be adjudicated under the procedures set forth in subpart X of part 502 of this chapter. payable to the Federal Maritime Commission. Please do not send cash. Subpart D - Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission, Subpart E - Freight Forwarding Fees and Compensation. Failure regulations. (2) An OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. 41301-41302, 41305-41307(a)), or any penalty assessed against each covered member ocean transportation intermediary pursuant to section 13 of the Act (46 U.S.C. These rules and regulations are contained in section 19 40901-40904). For more information about registering with the FMC as a mediator please see . This Bond remains in full force and effect according to its terms except as modified above. (c) Registrations are complete upon receipt of a registration form which meets the requirements of this section, evidence of financial responsibility pursuant to 515.21, and Form FMC-1 pursuant to 520.3. The following individuals must qualify the applicant for a license: (1) Sole proprietorship. A California Bond of Qualifying Individual will serve as a legal promise regarding the compliance of the applicant to the relevant provisions of the California Business and Professions Code and the rules and regulations set forth by the California Contractors State License Board of the Department of Consumer Affairs. Cargo Modules LLC (NVO & OFF) 2510 West 237th Street, Suite 106 Torrance, CA 90505 Officers: Reto D. Kaufmann, Director of LAX, FMC License QI (QI) Maurin M. Semsch, Member Application Type: QI Change. (a) Licensees and registrants; names and numbers. (g) Response to requests of Commission. 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. 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 40101-41309. Incomplete applications will usually be returned within a The QI program helps pay your Part B premiums. and title of the proposed qualifying individual for the applicant. (A) Money order, certified, cashier's, or personal check payable to the order of the Federal Maritime Commission;, (C) The Automated Clearing House system; or. date of application, is also needed for any corporation that has been in Clearly mark supplemental pages 1A, 2B, (13) Giving expert advice to exporters concerning letters of credit, other documents, licenses or inspections, or on problems germane to the cargoes' dispatch. 64 FR 11171, Mar. 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 . 2022 Distribution-Publications, Inc. All rights reserved. [80 FR 68735, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. Enhanced content is provided to the user to provide additional context. 40902 and this part; and. being replaced. If this is an (c) Failure to provide necessary information and documents. qualifying individual, other officer, director, partner, member, stockholder, 515.2(i) and 515.2(l), 515.11(a),. (3) Though the foregoing license renewal process is not intended to result in a re-evaluation of a licensee's character, the Commission may review a licensee's character at any time, including at the time of renewal, based upon information received from the licensee or other sources. no longer operate as a business provide dissolution papers. 14. apply. (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. The Form Submit electronically or print out and complete Form FMC-18: Application for a License as an Ocean Transportation Intermediary. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. (a) Compensation or fee sharing. Other changes in material fact of a licensee shall be reported within thirty (30) days of such changes, in writing by mail or email (bcl@fmc.gov) to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the . Ocean Transportation Intermediary (OTI) Bond (Section 19, Shipping Act of 1984 (46 U.S.C. Decide on what kind of signature to create. are deleting a trade name, clearly specify the name being deleted. The Guarantor's liability under this Guaranty in respect to any claimant shall not exceed the amount of the guaranty; and the aggregate amount of the Guarantor's liability under this Guaranty shall not exceed the amount per OTI set forth in 46 CFR 515.21, or the amount per group or association of OTIs set forth in 46 CFR 515.21 in aggregate. performed by the qualifying individual. [80 FR 68734, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. must be attached to the Form FMC-18 with the initial application. Title 46 was last amended 2/27/2023. involved with foreign water borne commerce. 8, 1999, unless otherwise noted. Persons who have had their applications closed under this section may reapply at any time by submitting a new application with the required filing fee. [64 FR 11171, Mar. intermediaries (OTI). 40101-41309, and, if necessary, has a valid tariff published pursuant to 46 CFR part 515 and 520, and pursuant to section 19 of the Shipping Act (46 U.S.C. (c) Form of certification. (h) Express written authority. A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. (d) Investigation. For corporations, an Amended Articles of "Published Edition". The qualified individual must: (1) assess the child's needs and strengths, using an age-appropriate, evidence-based, validated, functional assessment approved by the commissioner of human services; (2) determine whether the child's needs can be met by the child's family members or through placement in a family foster home; or, if not, determine . %PDF-1.5 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. The qualifying individuals experience must have been gained in the United States. An applicant may request a hearing on the proposed denial by submitting to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the date of the notice, a statement of reasons why the application should not be denied. 1331 Pennsylvania Avenue, NW. (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. 3. (g) Termination or suspension of registration -. Each day of a continuing violation shall constitute a separate violation. (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. 2021. is also required for applications seeking approval of a change in business (c) If the designated legal agent cannot be served because of death, disability, unavailability, termination or expiration of the designation, or if a legal agent authorized to receive such service is not designated in compliance with this section, the Secretary of the Federal Maritime Commission will be deemed to be the legal agent for service of process. 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. The Qualified Individuals (QI) program is a Medicare Savings Program (MSP) that pays for an enrollee's Medicare Part B premiums. (a) This part sets forth regulations providing for the licensing and registration as ocean transportation intermediaries of persons who wish to carry on the business of providing intermediary services, including the grounds and procedures for revocation and suspension of licenses and registrations. 19. 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 amount of this bond, and in no event shall the Surety's total obligation hereunder exceed said penalty amount, regardless of the number of claims or claimants. 4. If you Jun. The licensee may continue to operate as an ocean transportation intermediary while the Commission investigates the qualifications of the newly designated partner, member, manager, or officer. (a) Licenses. The individual wards, rotas and allied specialties will be allocated by the Medical and Surgical . No OTI shall permit its name, license, license number, registration, or registration number to be used by any person who is not an employee or an agent of the OTI. (1) The licensee shall submit the renewal electronically to the Director of the Bureau of Certification and Licensing (BCL) no later than the renewal date as published on the Commission website. All hearing requests under 515.15 and 515.16 shall be submitted to the Commission's Secretary. Subscribe to: Changes in Title 46 :: Chapter IV :: Subchapter B :: Part 515. of Incorporation and minutes of a meeting appointing officers (or other applicant and complete the section C titled Name Change/License Transfer to If applicant is currently licensed as an ocean freight 04. If rejected, a notice, together with the reasons therefore, shall be sent to the foreign-based unlicensed NVOCC. 515.2(i) and (l) of the parent or holding company, or an employee of any other firm in the United 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. He or she need not be a shareholder of the company, but must be an officer and a full-time employee. explanation. proper license may be subject to civil penalties not to exceed $6,000 for each transferring licensee.). 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. One of the members or managers, or an individual in an equivalent position in the LLC as expressly set forth in the LLC operating agreement. will bring you directly to the content. Submission of Form FMC-1 as Prerequisite for License: The FMC proposes adjusting the language of . (1) The Commission will issue a license if it determines, as a result of its investigation, that the applicant possesses the necessary experience and character to render ocean transportation intermediary services; has filed the required bond, insurance or other surety; and has electronically submitted Form FMC-1 pursuant to 520.3 if approved to offer NVOCC service. 515.22 Proof of financial responsibility. 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. The fee for such supplementary investigation is completed. The guaranty must be placed with: (1) A Guarantor 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; (d) Evidence of financial responsibility of the type provided for in paragraphs (a), (b) and (c) of this section established through and filed with the Commission by a group or association of ocean transportation intermediaries on behalf of its members, subject to the following conditions and procedures: (1) Each group or association of ocean transportation intermediaries shall notify the Commission of its intention to participate in such a program and furnish documentation as will demonstrate its authenticity and authority to represent its members, such as articles of incorporation, bylaws, etc. A license number should be provided only by those persons who are already (b) Receipt for cargo. The qualified individual or alternate qualified individual must be available on a 24-hour basis. For corporations, the Articles If more than six (6) Now, Therefore, The condition of this obligation is that the penalty amount of this bond shall be available to pay any judgment 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 or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. FMC Aquatic Senior Qualifying Meet. substance. may occur due to the change. 3, Part B. 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.
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