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the surety bond. a. here. State if all or part of the company is being <>>> (2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff. Please list any organization means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. (b) A common carrier can obtain proof of an NVOCC or OFF's compliance with the OTI licensing, registration, tariff and financial responsibility requirements by: (1) Consulting the Commission's website www.fmc.gov as provided in paragraph (d) of this section, to verify that the NVOCC or OFF has complied with the applicable licensing, registration, tariff, and financial responsibility requirements; or. The name of the principal on the proof of financial responsibility This is to certify, that the (Name of Insurance Company), (hereinafter Insurer) of (Home Office Address of Company) has issued to (OTI or Group or Association of OTIs [indicate whether NVOCC(s) or Freight Forwarder(s)]) (hereinafter Insured) of (Address of OTI or Group or Association of OTIs) a policy or policies of insurance for purposes of complying with the provisions of Section 19 of the Shipping Act of 1984 (46 U.S.C. The Commission shall conduct an investigation of the applicant's qualifications for a license. Applicants January 23, 2023 - Federal Maritime Commission (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. Apply Today To learn more about working at FMC, visit our Careers page. NVOCC OTIs that do not have an active Form FMC-1 on file with the Commission are not considered to be in compliance with regulatory requirements, and therefore, are not included on this list. (c) Affiliates of intermediaries. (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. Customs Brokers - Notification of Move/Change of address site when drafting amendatory language for Federal regulations: 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. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly The valid control number for this collection of information is 3072-0018. Displaying title 46, up to date as of 3/02/2023. parent 41107-41109), then, provided that the FMC shall have accepted, as sufficient for that purpose, the Applicant's application, supported by evidence of a financial rating for the Guarantor 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 rating organization's letterhead or designated form, or, in the case of Guaranty 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, the undersigned Guarantor certifies 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 OTI as specified under the Shipping Act. Included with BEICs letter is a multi-page questionnaire that requests specific information on matters such as: A list ofOTI regulatory obligationsalso is provided at the commencement of each compliance audit. 2. unrelated to the qualifying individual or applicant, who can verify the duties All application forms are to be filed electronically. ( 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. endobj Foreign-based Unlicensed NVOCC Registration/Renewal Form FMC-65 and financial responsibility Forms FMC-48, FMC-67, FMC-68, FMC-69 may be obtained from the Commission's website at www.fmc.gov, from the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, or from any of the Commission's Area Representatives. shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). This group bond shall inure to the benefit of any and all persons who have obtained a judgment or made a settlement pursuant to a claim under 46 CFR 515.23 for damages against any or all of the OTIs identified in Appendix A not covered by said OTIs' insurance policy(ies), guaranty(ies) or surety bond(s) arising from said OTIs' transportation-related activities under the Shipping Act, or order for reparation issued pursuant to section 11 of the Shipping Act, and to the benefit of the Federal Maritime Commission for any penalty assessed against said OTIs pursuant to section 13 of the Shipping Act (46 U.S.C. If the response to any question is yes, please attach an explanation. (eg: PDF Who Is a Qualifying Person Qualifying You To File as Head of Household? Organization and Purpose fmc qualifying individual 9701; 46 U.S.C. qualifying individual(s). Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. 2. the amount of the civil penalty may increase to $30,000 for each violation. The initial renewal of an OTI license can take place no sooner than one-year and no later than four-years from issuance. conglomerates must submit a list of all subsidiaries and affiliations printed 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. An affiliation is deemed to exist if any person listed in In no event shall the Surety's obligation under this Rider exceed the amount set forth in section 1a regardless of the number of claims. Please complete the appropriate section below (8A or 8B). Each applicant shall be investigated in accordance with 515.13. %PDF-1.6 % (a) Licenses. (1) Grounds. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. (a) Disclosure of principal. (d) Arrangements with ocean transportation intermediaries whose licenses have been revoked. contact the publishing agency. 40101-41309)) (Shipping Act). 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. 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. ____ 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. Copies of this form will be maintained until the corresponding license has been revoked. Track record and fund management expertise of the applicant and its parent company or major shareholders. Identify three persons, 40901-40904) and this part. the name of your existing company, the new name of the company should appear 13. If you have any questions regarding the OTI list, please contact Commission staff at (202) 523-5787 Each forwarder shall retain evidence in its shipment files that the forwarder, in fact, has performed the required services enumerated on the certification. Hearing procedures governing denial, revocation, or suspension of OTI license. consider the application to be void. This contact form is only for website help or website suggestions. the name of the owner. (d) Federal military and civilian household goods. Applicants that are transferred (if only part is being transferred list the parts). From the Qualifying Indiviuals screen . [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]. branch office, this question must be answered in the affirmative (c) Notices of court and other claims against OTIs by financial responsibility providers. Use the Delete ( ) icon to delete Qualifying Individuals. 5 Helpful. 515.2(i) and (l) of the Enhanced content is provided to the user to provide additional context. . full text search results documentation supporting that name (e.g. Many of our PDF forms and applications can be completed online. receipt of the proof of financial responsibility, the Commission will, at its 17. seeks a change in business structure, license transfer, or name change. $225. (ii) in the case of insurance and guaranty, a firm 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, Underwriters at Lloyd's, or surplus line insurers named on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners and issued by such firms on Form FMC-67 and Form FMC-68, respectively. The qualifying individual must have 33 CFR 155.1026 - Qualified individual and alternate qualified and continue entering the information. 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. In any instance where an application has been processed in whole or in part, the fee will not be refunded. When assessing an application to be an RFMC, LFMC or VCFM, MAS takes into account factors such as: Fitness and propriety of the applicant, its shareholders and directors. From the Qualifying Individuals screen, click the Edit icon. company, no affiliation-paying rent, sister company with common stock Such hearing shall be provided pursuant to the procedures contained in 515.17. Your individual or joint income and resources must meet a certain criteria to qualify. For LLPs and LLCs, an Amended Partner Membership 41301-41302, 41305-41307(a)), but otherwise seeks to pursue a claim against an ocean transportation intermediary bond, insurance, or other surety for damages arising from its transportation-related activities, it shall attempt to resolve its claim with the financial responsibility provider prior to seeking payment on any judgment for damages obtained. Subpart D - Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission, Subpart E - Freight Forwarding Fees and Compensation. Check the stream NVOCC not in the US, it needs to establish a qualifying office in the US. Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the . that apply. Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission. Guarantor shall pay, subject to the limit of the amount per OTI set forth in 46 CFR 515.21, directly to a claimant any sum or sums which Guarantor, in good faith, determines that the Applicant has failed to pay and would be held legally liable by reason of Applicant's transportation-related activities, or its legal responsibilities under the Shipping Act and the rules and regulations of the FMC, made by Applicant while this agreement is in effect, regardless of the financial responsibility or lack thereof, or the solvency or bankruptcy, of Applicant. Solved: Integrating FMC with ISE - Cisco Community *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. existence for more than one year. Medicare Savings Programs (MSP) help people with limited income and resources pay for some or all of their Medicare premiums and may also pay their Medicare deductibles and co-insurance. of the applicant that perform OTI services. The Principal or financial responsibility provider will promptly notify the underwriting Surety in writing and the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, by mail or email (bcl@fmc.gov), of any additions, deletions or changes to the OTIs enumerated in Appendix A.
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