(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. FMC-18, including any attachments, must be submitted in duplicate with all (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardio-vascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or No license will be issued until the Commission is in receipt of valid proof of financial responsibility. For corporations, an Amended Articles of 14. APPLICATION PROCESS FOR NON-U.S.-BASED NVOCCS THAT CHOOSES TO BE . (e) Every ocean transportation intermediary using a group or association of ocean transportation intermediaries to cover its financial responsibility requirement under 515.21(b) shall publish the name and address of the group or association's resident agent for receipt of judicial and administrative process, including subpoenas, in its tariff, when required, in accordance with part 520 of this chapter. Only the Figure 5: Modify Qualifying Individual How to Remove a Qualifying Individual 1. FMC License & Registration for NVOCCs - Distribution-Publications, Inc. 515.26 Termination of financial responsibility. 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. FMC Issues Proposed Rule Changes Covering OTI Licensure and - Hklaw Appendix A to Part 515 - Ocean Transportation Intermediary (OTI) Bond Form [Form 48], Appendix B to Part 515 - Ocean Transportation Intermediary (OTI) Insurance Form [Form 67], Appendix C to Part 515 - Ocean Transportation Intermediary (OTI) Guaranty Form [Form 68], Appendix D to Part 515 - Ocean Transportation Intermediary (OTI) Group Bond Form [FMC-69], Appendix E to Part 515 - Optional Rider for Additional NVOCC Financial Responsibility (Optional Rider to Form FMC-48) [FORM 48A], Appendix F to Part 515 - Optional Rider for Additional NVOCC Financial Responsibility for Group Bonds [Optional Rider to Form FMC-69]. 40902 and this part; or. All hearing requests under 515.15 and 515.16 shall be submitted to the Commission's Secretary. 515.19 Registration of foreign-based unlicensed NVOCC. forwarder, or in air freight forwarding, custom house brokerage, or motor 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. When the licensee's or registrant's name appears on shipping documents, its Commission license or registration number shall also be included. branch office, this question must be answered in the affirmative The Commission shall conduct an investigation of the applicant's qualifications for a license. and months of ocean transportation intermediary experience that the qualifying 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. intermediaries (OTI). 2022 Distribution-Publications, Inc. All rights reserved. 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. 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. It is not an official legal edition of the CFR. 1996, chap 292), and in accordance with If 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. States or abroad. Sole proprietors should also complete the Certification at the top OTI experience obtained outside the US .) 10. means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE . (1) It possesses the necessary experience, that is, its qualifying individual has a minimum of three (3) years' experience in ocean transportation intermediary activities in the United States, and the necessary character to render ocean transportation intermediary services. electing the qualifying individual or the partnership agreement. A license will be issued after the Commission has received acceptable For an LLC, the names of the managers, members or officers, as applicable, may be published. [64 FR 11171, Mar. (b) Information obtained under this part is used to determine the qualifications of ocean transportation intermediaries and their compliance with shipping statutes and regulations. 862. <> ; (2) Each group or association of ocean transportation intermediaries shall provide the Commission with a list certified by its Chief Executive Officer containing the names of those ocean transportation intermediaries to which it will provide coverage; the manner and amount of existing coverage each covered ocean transportation intermediary has; an indication that the existing coverage provided each ocean transportation intermediary is provided by a surety bond issued by a surety company found acceptable to the Secretary of the Treasury, or by insurance or guaranty issued by a firm meeting the requirements of paragraphs (b) or (c) of this section with coverage limits specified above in 515.21; and the name, address and facsimile number of each surety, insurer or guarantor providing coverage pursuant to this section. 13. (a) Licensees and registrants; names and numbers. 40101 - 41309 Foreign Shipping Practices Act of 1988 - 46 U.S.C. 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 bond. For corporations, the Articles learn more about the process here. U.S. Department of Transportation Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 1-866-TELL-FAA (1-866-835-5322) violation. 1 CFR 1.1 11. (o) Principal refers to the shipper, consignee, seller, or purchaser of property, and to anyone acting on behalf of such shipper, consignee, seller, or purchaser of property, who employs the services of a licensed freight forwarder to facilitate the ocean transportation of such property. If you have questions for the Agency that issued the current document please contact the agency directly. proof of financial responsibility in the form and amount prescribed in 46 (a) Form and amount. (4) Limited liability company. FEDERAL MARITIME COMMISSION . The Commission may also seek payment of civil penalties assessed under section 13 of the Shipping Act (46 U.S.C. Such forms and documents must clearly identify the principal's name; trade name, if any; address; the state of incorporation/formation; and the printed name and title of the signatory. 515.22 Proof of financial responsibility. (4) Permit any such person, directly or indirectly, to participate, through ownership or otherwise, in the control or direction of the ocean transportation intermediary business of the licensee or registrant. What Is the QI Medicare Savings Program? - Healthline (a) Grounds. (d) Federal military and civilian household goods. 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. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. 20573-0001. 6. 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. should be reported as soon as possible to preclude any processing delay that The common carrier shall retain such certifications for a period of five (5) years. complete Part F. 3. For purposes of this paragraph, it is sufficient that a person seeking to serve process on an ocean transportation intermediary, or group of such intermediaries, affirm to the Commission's Secretary that: they have contacted, or attempted to contact, the designated agent to confirm whether it remained authorized to accept service of process; or, if no legal agent is designated in the tariff, that it has no knowledge of the identity of the ocean transportation intermediary's legal agent. (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. If you need additional space, enter the information on If this is an initial application for a license, the change A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. Principal's Agent for Service of Process (Required if Principal is not a U.S. (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. Just click inside the text box that you want to fill in and enter the information. Legal Services - Foreign OTI Authorized to Service U.S. Trade 40902 and this part. (b) Rejection. The total amount of aggregate coverage equals or exceeds $125,000. "Qualifying Individual-1" means a Qualified Individual who meets the Qualifying Individual-1 income and resource standards. 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]. 8, 1999, as amended at 69 FR 17945, Apr. %%EOF export shipper, steamship agent, air freight indicate old name or transferor. This evidence of financial responsibility shall be accompanied by: in the case of a financial rating, the Insurer's financial rating on the rating organization's letterhead or designated form; in the case of insurance provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's; and in the case of insurance provided by 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. During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. (2) Prepared and processed the ocean bill of lading, dock receipt, or other similar document with respect to the shipment. (d) Compensation pursuant to tariff provisions. will also bring you to search results. It should be noted that fees will not be returned in any (g) Response to requests of Commission. Notice of filing of each application shall be published on the Commission 's Web site www.fmc.gov and shall state the name and address of the applicant and the name of the QI. (eg: $225. At least one of the active managing partners, unless the partners are entities, such as corporations, in which case an officer, member, or manager of one of the entities as long as the entity is a general partner. (b) Optional bond rider. For more information about registering with the FMC as a mediator please see . Such amount is separate and distinct from the bond amount set forth in the first paragraph of this Bond. Persons operating without the proper license or registration may be subject to civil penalties not to exceed $9,000 for each such violation, unless the violation is willfully and knowingly committed, in which case the amount of the civil penalty may not exceed $45,000 for each violation; for other violations of the provisions of this part, the civil penalties range from $9,000 to $45,000 for each violation (46 U.S.C. Sec. 260C.704 MN Statutes - Minnesota 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. Medicare provides four savings programs with different income and resource limits. Choose My Signature. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). No OTI shall prepare or file or assist in the preparation or filing of any claim, affidavit, letter of indemnity, or other paper or document concerning an ocean transportation intermediary transaction which it has reason to believe is false or fraudulent, nor shall any such OTI knowingly impart to a principal, shipper, common carrier or other person, false information relative to any ocean transportation intermediary transaction. (b) A registration form which appears, upon submission, to be substantially incomplete may be rejected. 8. Proof of the position of the qualifying individual within the company, such as corporate minutes appointing that individual as an officer of the company or other official documentation demonstrating the qualifying individual's position. 515.2(i) and (l) of the The individual wards, rotas and allied specialties will be allocated by the Medical and Surgical . officer, director, or stockholder and the percentage of ownership. (c) Reduced forwarding fees. Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. [64 FR 11171, Mar. 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. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. (3) Publication of Notice. trade name or adding a trade name, you must attach the appropriate The Surety shall indicate that $50,000 is available to pay such fines and penalties for each NVOCC listed on appendix A to this Rider wishing to exercise this option. 1998 and the Coast Guard Authorization Act of 1998, and 46 C.F.R. (d) Federal military and civilian household goods. of more than one trade name, documentation is needed stating which name will be (c) Operation after retirement, resignation, or death of QI. 5. 40901-40904), files this bond with the Commission; Whereas, this bond is written to ensure compliance by the Principal with section 19 of the Shipping Act (46 U.S.C.