The common carrier shall be entitled to rely on such certification unless it knows that the certification is incorrect. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly 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. information or personal data. Persons operating without the Failure to reflect OTIs name and license number on OTIs shipping documents; Inadequate or retroactive NVOCC Rate Arrangement (NRA); and, Failure to maintain Qualifying Individual (QI) as current officer of company. This person is called the FMC Qualifying Individual or "QI". (e) Other changes. Application Type: New OFF & NVO License. Regulation Y (c) Information provided to the principal. The Surety shall not be liable for fines or penalties imposed on 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 fine or penalty imposed prior to the date when said termination becomes effective. Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. Proof of firm's name, original and English translation. The Faculty Multimedia Center (FMC) is a do-it-yourself . 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. The notice of intent to deny the application will provide, in detail, a statement of the facts supporting denial. 515.16 Revocation or suspension of license. (e) False or fraudulent claims, false information. The Medicare . months lapse between the date of notification of approval of an application and substance. 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. No licensed freight forwarder shall charge or collect compensation in the event the underlying common carrier, or its agent, has, at the request of such forwarder, performed any of the forwarding services set forth in 515.2(h), unless such carrier or agent is also a licensed freight forwarder, or unless no other licensed freight forwarder is willing and able to perform such services. If a question within a Part is not applicable, After all Parts of the application have been completed and the application has been submitted, you must submit the required. [64 FR 11171, Mar. officer, director, or stockholder and the percentage of ownership. 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, 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. company, no affiliation-paying rent, sister company with common stock and continue entering the information. No license or registration shall remain in effect unless valid proof of a financial responsibility instrument is maintained on file with the Commission. (2) Utilizes, for all or part of that transportation, a vessel operating 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, chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities: (i) If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities, and. Based on BEIC audits results for the most recent period (January June, 2017), the most common issues encountered during the course of an OTI compliance audit are: Competition and Integrity for Americas Ocean Supply Chain, Ocean Shipping Reform Act of 2022 (OSRA) Implementation, Foreign NVOCC Registration Status Changes, Consumer Affairs & Dispute Resolution Services, Apply for or make changes to a License or Request a Foreign Registration, Historical Federal Maritime Commission Reports, Vessel-Operating Common Carrier (VOCC) Audit Program, Shipping Act and other statutes and regulations within the Commissions authority, Names and information concerning Qualifying Individual(s), Nature and extent of current operations of the OTI, Failure to update Non-Vessel-Operating Common Carrier (NVOCC) rates or maintaining a tariff that contains one rate applicable to Cargo NOS. An official document supporting the legal name shall be telephone at(202) 523-5843 (Office of Transportation Intermediaries) or by fax A license issued to a sole proprietor doing business under a trade name shall be in the name of the sole proprietor, indicating the trade name under which the licensee will be conducting business. Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. (d) In-plant arrangements. ALL Sole proprietorships must show The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 1, January 20, 2003. b. site when drafting amendatory language for Federal regulations: 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. (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. 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. (Name of Agent) ____ domiciled in the United States, with offices located in the United States, at ____ is hereby designated as the Insurer's agent for service of process for the purposes of enforcing the Insurance certified to herein. Nomenclature changes to part 515 appear at 67 FR 39860, June 11, 2002, and 70 FR 7669, Feb. 15, 2005. MIC Freight Brokers, Inc (OFF), 8201 NW 66th Street, #6, Miami, FL 33166. 40101-41309) and the rules and regulations of the Federal Maritime Commission (FMC), or is or may become a group or association of OTIs, and desires to establish its financial responsibility in accordance with section 19 of the Shipping Act (46 U.S.C. must be attached to the Form FMC-18 with the initial application. (See 46 C.F.R. Generally, you can expect (2) Registrations. 1 CFR 1.1 A license will be issued after the Commission has received acceptable Indicate all entities of any type whether in the United and the number of branch offices indicated. 515.26 Termination of financial responsibility. 13. needed to respond to Parts B, D, or E, please photocopy the appropriate page you can't claim him or her as a dependent not a qualifying person. 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. - Sign the CSR request from Internal CA. (b) Group financial responsibility. A common carrier or agent thereof which meets the requirements of this part may be licensed as an ocean freight forwarder to dispatch shipments moving on other than such carrier's own bills of lading subject to the provisions of 515.42(g). The bond, insurance, or other surety covers the transportation-related activities of an ocean transportation intermediary. qualifying individual(s). and title of the proposed qualifying individual for the applicant. 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. Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. (2) For an ocean transportation intermediary operating as a non-vessel-operating common carrier, the non-vessel-operating common carrier services enumerated in 515.2(k). The Surety shall not be liable for any transportation-related activities of 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 event occurring prior to the date when said termination becomes effective. (2) If, within 120 days of notification of conditional approval for licensing by the Commission, proof of financial responsibility and, in the case of an NVOCC, the Form FMC-1 is not received, the conditional approval of the application will be invalid. The required OTI experience of the QI of a foreign-based NVOCC seeking to become licensed under this part (foreign-based licensed NVOCC) may be experience acquired in the U.S. or a foreign country with respect to shipments in the United States oceanborne foreign commerce. (2) An ocean transportation intermediary must report branch offices to the Commission in Form FMC-18 or under the procedures in 515.20(e). of this rider, equals $____. If the transferor will The undersigned Guarantor hereby consents to be sued directly in respect of any bona fide claim owed by Applicant for damages, reparations or penalties arising from Applicant's transportation-related activities under the Shipping Act, in the event that such legal liability has not been discharged by the Applicant after any such claimant has obtained a final judgment (after appeal, if any) against the Applicant 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 FMC, 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 Applicant and/or Guarantor pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Guarantor is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant. 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. 1998 and the Coast Guard Authorization Act of 1998, and 46 C.F.R. 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. preclude licensing. 515.2(b). (1) A licensee operating as an NVOCC and a freight forwarder, or a person related thereto, may collect compensation when, and only when, the following certification is made together with the certification required under paragraph (c) of this section: The undersigned certifies that neither it nor any related person has issued a bill of lading or otherwise undertaken common carrier responsibility as a non-vessel-operating common carrier for the ocean transportation of the shipment covered by this bill of lading. Show the total number of years ever held a license as an ocean transportation intermediary (OFF or NVOCC), or 40904(d)) and 46 CFR part 535. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). Form FMC-65 must be filed by a non-U.S.-based-registered NVOCC if any information reported on the original Form FMC-65 has changed. (c) Notices of court and other claims against OTIs by financial responsibility providers. Helpful Hints 1. . 41107-41109). Completed application Form FMC-18 and $250.00 fee. (a) Compensation or fee sharing. (Please type name of signer under each signature). (ii) The ocean transportation intermediary fails to respond within forty-five (45) days from the date of the notice of the claim to address the validity of the claim, and the financial responsibility provider deems the claim valid. %PDF-1.5 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. 515.42 Forwarder and carrier compensation; fees. "Reasonably compatible" means that there is no significant discrepancy between information declared by a member or applicant and other information available to the agency. (b) To whom issued. at (202) 566-0011. The complete U.S. Customs and Border Protection. (c) Common carriers. Jun. An affiliation is deemed to exist if any person listed in structure, license transfer, name change, or addition of a trade name, See Part For use Decide on what kind of signature to create. 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. SAF/FM Sub-Organizations. 3411; 21 U.S.C. The total amount of aggregate coverage equals or exceeds $125,000. is also required for applications seeking approval of a change in business Hearing procedures governing denial, revocation, or suspension of OTI license. Dollars or Renminbi Yuan at the option of the Surety) shall be available to any NVOCC enumerated in an Appendix to this Rider 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. 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). (1) If a person does not file a complaint with the Commission pursuant to section 11 of the Shipping Act (46 U.S.C. 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. These rules and regulations are contained in section 19 Under FRP, what is the definition of a qualified individual? Commission's rules. US should be reported as soon as possible to preclude any processing delay that 8, 1999, as amended at 67 FR 39860, June 11, 2002; 74 FR 50719, Oct. 1, 2009; 84 FR 62468, Nov. 15, 2019].
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