(See 46 C.F.R. Qualifying Individual (QI) - Distribution-Publications, Inc. 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. 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). For LLPs and LLCs, an Amended Partner Membership The individual wards, rotas and allied specialties will be allocated by the Medical and Surgical . structure, license transfer, name change, or addition of a trade name, See Part Submission of Form FMC-1 as Prerequisite for License: The FMC proposes adjusting the language of . preclude licensing. (d) Invoices; documents available upon request. openssl req -new -key fmc.key -out fmc.csr. An affiliation is deemed to exist if any person listed in Your individual or joint income and resources must meet a certain criteria to qualify. used with the Ocean Freight Forwarder (OFF) and Non-Vessel-Operating Common 515.23 Claims against an ocean transportation intermediary. When a group or association of ocean transportation intermediaries accepts liability for an ocean transportation intermediary's financial responsibility for such ocean transportation intermediary's transportation-related activities under the Act, the group or association of ocean transportation intermediaries shall file a group bond form, insurance form or guaranty form, clearly identifying each ocean transportation intermediary covered, before a covered ocean transportation intermediary may provide ocean transportation intermediary services. Qualifying Individual (QI) Replacement U.S. Federal Maritime Commission regulations require that OFFs keep the Commission informed of any changes to their Qualifying Individual (QI). Partnerships or similar entities must list the name of (2) Registrations. Identify whether applicant, 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. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: secretary@fmc.gov. (c) Branch office means any office in the United States established by or maintained by or under the control of a licensee for the purpose of rendering intermediary services, which office is located at an address different from that of the licensee's designated home office. 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. Check the The liability of the Surety shall not be discharged by any payment or succession of payments pursuant to section 1 of this Rider, unless and until the payment or payments shall aggregate the amount set forth in section 1a of this Rider. OTIs. 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. Figure 5: Modify Qualifying Individual How to Remove a Qualifying Individual 1. application. the Commission's regulations that explains the Licensing and Financial Check the box that applies. Study with Quizlet and memorize flashcards containing terms like Type AC cable is permitted in, Listed FMC and LFMC shall contain an equipment grounding conductor if the raceway is installed for the reason of, Cable________ made and insulated by approved methods can be located within a cable tray provided they are accessible, and do not project above the side rails where the splices are . 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 . 41107-41109). Qualifying Individual (QI) - Distribution-Publications, Inc. Check the boxes that apply. 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]. The Surety shall not be liable for any transportation-related activities of the OTIs identified in Appendix A as covered by the Principal after the expiration of the 30-day period, but such termination shall not affect the liability of the Principal and Surety for any transportation-related activities occurring prior to the date when said termination becomes effective. (c) Receipts and disbursements by shipment. No license will be issued until the Commission is in receipt of valid proof of financial responsibility. (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. The Register contains details of all mediators who hold FMCA (qualified) status, plus those who have completed approved initial training and are working towards FMCA. execution. [80 FR 68731, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. 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. Responsibility Requirements. (a) Form and amount. HSA vs. 401 (K) Both accounts let you make pre-tax contributions and grow tax-free earnings. Federal Maritime Commission, Washington, DC 20573, within twenty (20) days of the . (2) An ocean transportation intermediary must report branch offices to the Commission in Form FMC-18 or under the procedures in 515.20(e). No licensed freight forwarder, or employee thereof, shall accept compensation from a common carrier which is different from that specifically provided for in the carrier's effective tariff(s). 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. (3) An ocean transportation intermediary is fully responsible for the acts and omissions of any of its employees and agents that are performed in connection with the conduct of the ocean transportation intermediary's business. (a) Forms. ), Ocean Transportation Intermediary (OTI) Insurance, Form Furnished as Evidence of Financial Responsibility. 16. This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . (a) Who may seek payment. documentation that lists all appointed officers) must be submitted with the A filing fee shall be paid, as required under 515.5(c). Fill in, print and save an online form. 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. or entity of any type whether in the United States or abroad that is affiliated If you are changing 515.25 Filing of proof of financial responsibility. 515.2(i), 41107-41109). separately licensed. US Medicare provides four savings programs with different income and resource limits. DPI Copyright & Disclaimer Home / Knowledge Center / Qualifying Individual (QI) shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). (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. hbbd```b`` )DjHe 2D2f%`q@o#XH?y,Hs?_ 6 Officer: Matthew A. Keces, Sole Proprietor, (Qualifying Individual). APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 full text search results The Guarantor hereby designates as the Guarantor's legal agent for service of process domiciled in the United States ____, with offices located in the United States at ____, for the purposes of enforcing the Guaranty described herein. Now, therefore, the conditions of this obligation are that the penalty amount of this bond shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 against the OTIs enumerated in Appendix A of this bond for damages arising from any or all of the identified OTIs' transportation-related activities under the Shipping Act (46 U.S.C. Describe applicant's 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. The notice of intent to deny the application will provide, in detail, a statement of the facts supporting denial. U.S.-based companies or sole proprietors operating as Ocean Freight Forwarders (OFF) or Non-Vessel-Operating Common Carriers (NVOCCs) are required to obtain a license from the FMC. 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. 1996, chap 292), and in accordance with that apply. As a Forwarder and carrier compensation; fees. applicant and complete the section C titled Name Change/License Transfer to Claims against an ocean transportation intermediary. Registration of foreign-based unlicensed NVOCC. The application must The Register can be searched here. (c) A common carrier that has employed the procedure prescribed in paragraph (b)(1) of this section shall be deemed to have met its obligations under 46 U.S.C. here. individual. 8, 1999, as amended at 74 FR 50719, Oct. 1, 2009; 80 FR 68730, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. in the group's annual report. 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. Documentation supporting the use of a trade Unlike corporations, LLCs are not required by state law to track meeting minutes upon convening. 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. The following condition is added to this Bond: a. LLC meeting minutes keep a written record of all consequential discussions, votes, and actions that occurred throughout a limited liability company (LLC) meeting. The Commission shall conduct an investigation of the applicant's qualifications for a license. Current address Names and information concerning Qualifying Individual (s) Structure of the organization Nature and extent of current operations of the OTI A list of OTI regulatory obligations also is provided at the commencement of each compliance audit. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. [64 FR 11171, Mar. (2) Whenever a person acts in the capacity of an NVOCC as to any shipment, such person shall not collect compensation, nor shall any underlying ocean common carrier pay compensation to such person, for such shipment. (e) All forms and documents for establishing financial responsibility of ocean transportation intermediaries prescribed in this section shall be submitted to the Director, Bureau of Certification and Licensing, via email to bcl@fmc.gov. (Please type name of signer under each signature). He or she need not be a shareholder of the company, but must be an officer and a full-time employee. (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. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. Carrier (NVOCC) licenses. (b) To whom issued. week. (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. (a) Necessary qualifications. application for a license as an ocean transportation intermediary has been 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. 14 CFR 382.3 - What do the terms in this rule mean? punctuation. A joint licensee. Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission. (v) Transportation-related activities which are covered by the financial responsibility obtained pursuant to this part include, to the extent involved in the foreign commerce of the United States, any activity performed by an ocean transportation intermediary that is necessary or customary in the provision of transportation services to a customer, but are not limited to the following: (1) For an ocean transportation intermediary operating as an ocean freight forwarder, the freight forwarding services enumerated in paragraph (h) of this section, and. The Register allows members of the public to search for mediators. - Download the Root Cert and Intermediate Root (if you have one) - Upload the Root + Int Root to FMC. 13. Enhanced content is provided to the user to provide additional context. This bond is effective the ____, day of ____,____ and shall continue in effect until discharged or terminated as herein provided. (u) Special contract is a contract for ocean freight forwarding services which provides for a periodic lump sum fee. Whereas, the Insured is or may become an OTI subject to the Shipping Act and the rules and regulations of the Federal Maritime Commission, or is or may become a group or association of OTIs, and desires to establish financial responsibility in accordance with section 19 of the Shipping Act (46 U.S.C. Distribution Publications, Inc. 41301-41302, 41305-41307(a)), or any penalty assessed against the ocean transportation intermediary pursuant to section 13 of the Act (46 U.S.C. 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. Submit electronically or print out and complete Form FMC-18: Application for a License as an Ocean Transportation Intermediary. (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. 41107-41109). 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. Application For Replacing The Qualifying Individual -CSLB Home OnlineServices WebApplication InteractivePDFs ApplicationForReplacingTheQualifyingIndividual Application For Replacing The Qualifying Individual Easy-Fill Application IMPORTANT NOTICE REGARDING CONVICTIONS PLEASE READ CAREFULLY The Insurer shall not be liable for any transportation-related activities under the Shipping Act of the Insured after the expiration of the 30-day period but such termination shall not affect the liability of the Insured and Insurer for such activities occurring prior to the date when said termination becomes effective. The Qualified Individuals (QI) program is a Medicare Savings Program (MSP) that pays for an enrollee's Medicare Part B premiums. When a licensed freight forwarder is a shipper or seller of goods in international commerce or affiliated with such an entity, the licensed freight forwarder shall have the option of: (1) Identifying itself as such and/or, where applicable, listing its affiliates on its office stationery and billing forms, or. date of application, is also needed for any corporation that has been in (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. Thereafter, licenses will be renewed for sequential three-year periods upon successful completion of the renewal process in paragraph (d) of this section. (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. 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. 13A Cslb - Fill Out and Sign Printable PDF Template | signNow unrelated to the qualifying individual or applicant, who can verify the duties If you have any questions regarding the OTI list, please contact Commission staff at (202) 523-5787 <> This Bond remains in full force and effect according to its terms except as modified above. The qualified individual or alternate qualified individual must be available on a 24-hour basis. Incomplete applications will usually be returned within a 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. Completed application Form FMC-18 and $250.00 fee. The fee for such supplementary investigation is user convenience only and is not intended to alter agency intent An entity that also provides OTI services in its own name and not on behalf of a licensed or registered OTI must be separately licensed under this part and must provide proof of its own financial responsibility and publish a tariff, if applicable. The Form US A registration shall not become effective until the applicant has furnished proof of financial responsibility pursuant to 515.21, has submitted a Form FMC-1, and its published tariff becomes effective pursuant to 46 CFR part 520. The Commission has received OMB approval for this collection of information pursuant to the Paperwork Reduction Act of 1995, as amended. This Guaranty is effective the day of ____, ____, ____ 12:01 a.m., standard time at the address of the Guarantor as stated herein and shall continue in force until terminated as herein provided. Search & Navigation The renewal date (month/day) will remain the same for subsequent renewals irrespective of the date on which the license renewal is submitted or when the renewal is accepted by the Commission, unless another renewal date is assigned by the Commission. All application forms are to be filed electronically. If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. hk%ZAK eV.U-tx 9U2yL2`1S1Oq/TQ!QhSUv*[N%6ZSE]bnYZqduN1MnTV,~O?Sny}>}Soj{}oyq^n?O'o|Y9lpw_O-7_|O_}(MMcP?7qvy7oyhDtw_Kx]AwNlo_/N7w?o>}s#uzL9o_f-UOGvozex}1vjZ?NmV*ROS7Lkx6rz{-vcbI{k0&4oC>p2FfL.w4^YtT{yFqSNccOQDD|=!l{kgqiCzB{i'zI}BsD&q6~SF8%M@l)$&,6*&0V@0!6sh}3Fl0 &4?9}[#9!%ZIs;nR)Fc;K_DkG4%(6'7y2HtV&HkGc[}kov-DwWLr4jmSMf$xcz(?u 'GekkdClO`=X*{68V-v5q. 0 A Fictitious Name Statement). (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. A "Certificate of Good Standing", issued within 6 months from the The complete 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. 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.