The qualifying individual of one active licensee shall not also be designated as the qualifying individual of an applicant for another ocean transportation intermediary license, unless both entities are commonly owned or where one directly controls the other. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. (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. to include the proper fee with your application will cause it to be returned (g) Duplicative compensation. 49 CFR 172.101 Everest Transportation Systems, LLC . Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. 14. proof of financial responsibility in the form and amount prescribed in 46 3411; 21 U.S.C. 8, 1999, as amended at 74 FR 50721, Oct. 1, 2009; 80 FR 68737, Nov. 5, 2015; 81 FR 4593, Jan. 27, 2016]. (a) Disclosure of principal. The Commission will issue a license only in the name of the applicant, whether the applicant is a sole proprietorship, a partnership, a corporation, or limited liability company. E-Learning Home. at (202) 566-0011. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT Subpart D - Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission, Subpart E - Freight Forwarding Fees and Compensation. Footnotes 1 A person can't qualify more than one taxpayer to use the head of household filing status for the year. A licensed freight forwarder may not receive compensation from a common carrier with respect to any shipment in which the forwarder has a beneficial interest or with respect to any shipment in which any holding company, subsidiary, affiliate, officer, director, agent, or executive of such forwarder has a beneficial interest. completed. State if all or part of the company is being a minimum of three years experience in the ocean transportation intermediary No conference or group of common carriers shall deny in the export commerce of the United States compensation to an ocean freight forwarder or limit that compensation, as provided for by section 19(e)(4) of the Act (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. used with the Ocean Freight Forwarder (OFF) and Non-Vessel-Operating Common (c) Has made any materially false or misleading statement to the Commission in connection with its application; then, a notice of intent to deny the application shall be sent to the applicant stating the reason(s) why the Commission intends to deny the application. Thereafter, registrations will be renewed for sequential three year periods upon submission of an updated registration form. here. user convenience only and is not intended to alter agency intent 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. Incorporated branch offices must be the name of the owner. A Fictitious Name Statement). indicate old name or transferor. 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. applications. 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. A filing fee shall be paid, as required under 515.5(c). After age 65 you can use your health savings account for any expense, you'll simply pay ordinary income taxesjust like a 401 (k). appropriate box that applies to the applicant. Jun. 515.11 Basic requirements for licensing; eligibility. (c) Form of certification. 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. ____ to the United States of America and filed with the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 is modified as follows: 1. (2) Hearing procedure. Follow the step-by-step instructions below to design your 13a cslb form: Select the document you want to sign and click Upload. 13. Forwarder and carrier compensation; fees. All application forms are to be filed electronically. In addition to applying for an FMC, you will also need a business BCeID account. . 41301-41302, 41305-41307(a)), or any penalty assessed against the Insured pursuant to section 13 of the Shipping Act (46 U.S.C. From the Qualifying Indiviuals screen . (3) Any registered NVOCC, as defined in 515.2(r), shall furnish evidence of financial responsibility in the amount of $150,000. receipt of the proof of financial responsibility, the Commission will, at its If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. 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. The official, published CFR, is updated annually and available below under (e) Optional bond riders. ( 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. A common carrier may pay compensation to a licensed freight forwarder only pursuant to such common carrier's tariff provisions. 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. "Published Edition". 18. The notice of intent to deny the application will provide, in detail, a statement of the facts supporting denial. FAR). (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. An entity that also provides OTI services in its own name and not on behalf of a licensed or registered OTI must be separately licensed under this part and must provide proof of its own financial responsibility and publish a tariff, if applicable. (c) Notices of court and other claims against OTIs by financial responsibility providers. 2 0 obj Except for the automatic revocation for termination of proof of financial responsibility under 515.26, a license may be revoked or suspended after notice and an opportunity for a hearing under the procedures of 515.17. 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. (1) Grounds. 5. 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. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. License Application Form FMC-18 is found at the Commission's website www.fmc.gov for completion on-line by applicants and licensees. Jun. 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. 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. Filing of proof of financial responsibility. When a claimant seeks payment under this section, it simultaneously shall notify both the financial responsibility provider and the ocean transportation intermediary of the claim by mail or courier service. To insure that those work experiences (d) Commission means the Federal Maritime Commission. export shipper, steamship agent, air freight 2021. (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. This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . include the title of the individual signing the application and the date of All application forms (FMC-18) are now filed electronically. 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 . (k) Non-vessel-operating common carrier services refers to the provision of transportation by water of cargo between the United States and a foreign country for compensation without operating the vessels by which the transportation is provided, and may include, but are not limited to, the following: (1) Purchasing transportation services from a common carrier and offering such services for resale to other persons; (2) Payment of port-to-port or multimodal transportation charges; (3) Entering into affreightment agreements with underlying shippers; (4) Issuing bills of lading or other shipping documents; (5) Assisting with clearing shipments in accordance with U.S. government regulations; (6) Arranging for inland transportation and paying for inland freight charges on through transportation movements; (7) Paying lawful compensation to ocean freight forwarders; (8) Coordinating the movement of shipments between origin or destination and vessel; (10) Entering into arrangements with origin or destination agents; (11) Collecting freight monies from shippers and paying common carriers as a shipper on NVOCC's own behalf. Such hearing shall be provided pursuant to the procedures contained in 515.17. If the response to any question is yes, please attach an explanation. 41107-41109). firm, please identify the person/firm and explain the relationship, e.g. Tariq I. Belion, Qualifying Individual (QI) Easha Belion, President Application Type: New NVO & OFF License. The licensee may continue to operate as an ocean transportation intermediary during the pendency of the Commission's approval process. Individual Retirement Accounts (IRAS) Forms and applications needed to open a new IRA account, make changes to an existing account, or close an account. [64 FR 11171, Mar. 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. In the event an applicant fails to provide documents or information necessary to complete processing of its application, notice will be sent to the applicant identifying the necessary information and documents and establishing a date for submission by the applicant. The Federal Maritime Commission shall not serve as a depository or distributor to third parties of funds payable pursuant to optional bond riders described in 515.25(b). 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. ____, 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. The qualified individual or alternate qualified individual must be available on a 24-hour basis. of this rider, equals $____. (d) Federal military and civilian household goods. xZmoFna?R%(sd9u9IMqh,9$;,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 the applicant holds stock in another entity). The Insurer consents to be sued directly in respect of any bona fide claim owed by Insured for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act, of Insured in the event that such legal liability has not been discharged by the Insured or Insurer after a claimant has obtained a final judgment (after appeal, if any) against the Insured 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 Insured and/or Insurer pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Insurer is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant; provided, however, that Insurer's total obligation hereunder 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. Enhanced content is provided to the user to provide additional context. 515.2(i) and (l) of the The following condition is added to this Bond: a. A current running account of all receipts and disbursements, accounts receivable and payable, and daily cash balances, supported by appropriate books of account, bank deposit slips, canceled checks, and monthly reconciliation of bank statements. View the most recent official publication: These links go to the official, published CFR, which is updated annually. Documentation supporting the use of a trade Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. persons to verify the information set forth on the Form FMC-18. 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. Agreement can be used. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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. For LLPs and LLCs, an Amended Partner Membership (2) Registrations. A license is not required in the following circumstances: (a) Shippers. 9. 41107-41109). Regulation Y site when drafting amendatory language for Federal regulations: The undersigned ____, as Principal and ____, as Surety do hereby agree that the existing Bond No. You can learn more about the process 3. to share office space or is currently sharing space with another person or Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. 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. An additional condition of this Bond is that $____ (payable in U.S. The following individuals must qualify the applicant for a license: (1) Sole proprietorship. Guaranty in Respect of Ocean Transportation Intermediary (OTI) Liability for Damages, Reparations or Penalties Arising from Transportation-Related Activities Under the Shipping Act of 1984 (46 U.S.C. 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. If applicant intends Identify the name contact the publishing agency. Form FMC-18 (Rev. of Incorporation and minutes of a meeting appointing officers (or other In the event of a claim against a group bond, the bond must be replenished up to the original amount of coverage within 30 days of payment of the claim; and, (iii) be in excess of a member's individual financial responsibility coverage already in place; and. Navigate by entering citations or phrases Apply Today To learn more about working at FMC, visit our Careers page. Hearing procedures governing denial, revocation, or suspension of OTI license. separately licensed. If individual is submitting for consideration. 41107-41109). The Medicare . Question 16 is an officer, director, partner, member, owner, stockholder, This (l) Ocean common carrier means a common carrier that operates, for all or part of its common carrier service, a vessel 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, or chemical parcel-tanker. 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. 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. A licensed freight forwarder may own, operate, or otherwise maintain or supervise an electronic data interchange-based computer system in its forwarding business; however, the forwarder must directly perform value-added services as described in paragraph (c) of this section in order to be entitled to carrier compensation. 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. discretion, undertake a supplementary investigation to determine the continued Such amount is separate and distinct from the bond amount set forth in the first paragraph of this Bond. 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. If you are transferring a $225. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: secretary@fmc.gov. Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. (c) Information provided to the principal. A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. (c) Affiliates of intermediaries. [80 FR 68734, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. If the Commission denies the application, such denial is final and not subject to the hearing procedures described in 515.15 and 515.17. A qualifying individual must have at least three years of demonstrable OTI experience and, depending on the applicants business structure, be an officer of the applicants corporation, the sole proprietor of a sole proprietorship, the manager or member in (respectively) a manager-managed or member-managed LLC, or a partner in a partnership. 515.14 Issuance, renewal, and use of license. Submission of Form FMC-1 as Prerequisite for License: The FMC proposes adjusting the language of . If (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. The name and license or registration number of each OTI shall be permanently imprinted on the licensee's or registrant's office stationery and billing forms. In any instance where an application has been processed in whole or in part, the fee will not be refunded. citations and headings 1 CFR 1.1 [80 FR 68735, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. (r) Registered non-vessel-operating common carrier (registered NVOCC) means an NVOCC whose primary place of business is located outside the United States and who elects not to become licensed as an NVOCC, but to register with the Commission as provided in 515.19, post a bond or other surety in the required amount, and publish a tariff as required by 46 CFR part 520. 40101-41309)) (Shipping Act). documentation that will verify that fact, e.g. 41107-41109). (b) Certification required for compensation. If the applicant This part also prescribes the financial responsibility requirements and the duties and responsibilities of ocean transportation intermediaries, and regulations concerning practices of ocean transportation intermediaries with respect to common carriers. 515.25 Filing of proof of financial responsibility. applicant and complete the section C titled Name Change/License Transfer to (b) Service of administrative process, other than subpoenas, may be effected upon the legal agent by dispatching a copy of the document to be served by mail or courier service. qualifying individual, other officer, director, partner, member, stockholder, 515.2 (i) and 515.2 (l), 515.11 (a)). (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. licensed. Each applicant shall be investigated in accordance with 515.13. He or she need not be a shareholder of the company, but must be an officer and a full-time employee. <> (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. endobj is complete and our investigation does not reveal any circumstances that would 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. parent It is not an official legal edition of the CFR. 515.2(i) and 515.2(l), 515.11(a),. 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.