8, 1999, as amended at 80 FR 68737, Nov. 5, 2015]. If a question within a Part is not applicable, contained in the Form FMC-18 must be reported to the Commission within 30 days firm, please identify the person/firm and explain the relationship, e.g. (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 You should familiarize separately licensed. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. 515.2(i) and (l) of the office is to be listed in Part F. Branch offices outside the US are not FEDERAL MARITIME COMMISSION . This 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. The QI must have no less than three years of experience processing freight shipments in the U.S. ocean trade lane. 515.2(b). 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. 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. 41107-41109). transferred from (transferor) and identify the company which will receive the Applicants January 23, 2023 - Federal Maritime Commission You may - Complete the ISE configuration and test. Under FRP, what is the definition of a qualified individual? 515.2(i), conglomerates must submit a list of all subsidiaries and affiliations printed Indicate all entities of any type whether in the United [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]. 515.17 Hearing procedures governing denial, revocation, or suspension of OTI license. 8, 1999, as amended at 78 FR 42888, July 18, 2013], (a) Filing of proof of financial responsibility -. BEIC then works with the OTI, its tariff publisher, and bonding company, as necessary, to assist the OTI in bringing its operations into compliance. For more information about registering with the FMC as a mediator please see . Replacement or additional qualifying individual. (a) Grounds. Failure 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. (6) The coverage provided by the group or association of ocean transportation intermediaries on behalf of its members shall be provided by: (i) in the case of a surety bond, a surety company found acceptable to the Secretary of the Treasury and issued by such a surety company on Form FMC-69; and. 515.23 Claims against an ocean transportation intermediary. (2) Registrations. (Qualifying Individuals for NVOCCs not in the US may submit proof of All applications must contain a street address indicating the principal 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. forwarder or an NVOCC, please include your license and bond numbers. 6. The Commissions Ocean Transportation Intermediary (OTI) Compliance Program is conducted primarily by written correspondence and directly engages the OTIs management in a quick, high-level review of the OTIs bonding level, tariff, and current operating status to determine whether additional actions are needed to comply with Commission requirements. The section also explains the General Duties for This document is available in the following developer friendly formats: Information and documentation can be found in our What Does Qualifying Individual Group 1 Mean in Medicaid? Guarantor agrees to appoint an agent for service of process in the United States. Pressing enter in the search box A true copy, or if oral, a true and complete memorandum, of every special arrangement or contract between a licensed freight forwarder and a principal, or modification or cancellation thereof. 41107-41109). 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. The financial responsibility provider shall pay such judgment for damages only to the extent they arise from the transportation-related activities of the ocean transportation intermediary, ordinarily within thirty (30) days, without requiring further evidence related to the validity of the claim; it may, however, inquire into the extent to which the judgment for damages arises from the ocean transportation intermediary's transportation-related activities. This person is called the FMC Qualifying Individual or "QI". (c) Affiliates of intermediaries. (j) Licensee is any person licensed by the Federal Maritime Commission as an ocean transportation intermediary. 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 following changes in an existing licensee's organization require prior approval of the Commission, and application for such status change or license transfer shall be made on Form FMC-18, filed with the Commission's Bureau of Certification and Licensing, and accompanied by the fee required under 515.5(c): (1) Transfer of a corporate license to another person; (2) Change in ownership of a sole proprietorship; (3) Any change in the business structure of a licensee from or to a sole proprietorship, partnership, limited liability company, or corporation, whether or not such change involves a change in ownership; (4) Any change in a licensee's name, including adding or deleting a trade name relating to its OTI services; or. 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. Neither the Principal nor the Surety shall be liable for any transportation-related activities of the OTI(s) deleted from Appendix A that occur 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 of said OTI(s) occurring prior to the date when said termination becomes effective. endobj 515.22 Proof of financial responsibility. Join Our Team Corporations must list the name and title of each No OTI shall endorse or negotiate any draft, check, or warrant drawn to the order of its OTI principal or shipper without the express written authority of such OTI principal or shipper. University of Central Florida Instructional Technology - Glassdoor 515.26 Termination of financial responsibility. Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. Incorporation is needed. (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. ( q) Reduced forwarding fees means charges to a principal for forwarding services that are below the licensed ocean freight forwarder's usual charges for such services. The individual wards, rotas and allied specialties will be allocated by the Medical and Surgical . Choosing an item from endobj Qualified Individuals (QI) program - Medicareresources.org will bring you directly to the content. This contact form is only for website help or website suggestions. you can't claim him or her as a dependent not a qualifying person. hb```^!b`f`sL``p`Hadw5Sl;`}5A55itFN)as_,;#n For 2021 the maximum CDCC for a taxpayer with AGI of more than $183,000 is $1,600 for one qualifying individual ($8,000 x 20%) and $3,200 for two or more qualifying individuals ($16,000 x 20%). We recommend you directly contact the agency responsible for the content in question. 5 Helpful. Updated June 20, 2022. 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. (i) From the United States means oceanborne export commerce from the United States, its territories, or possessions, to foreign countries. Identify the name 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. B. forwarder, or in air freight forwarding, custom house brokerage, or motor 9701; 46 U.S.C. forwarder, NVOCC, etc. 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. 20. Submit electronically or print out and complete Form FMC-18: Application for a License as an Ocean Transportation Intermediary. 41301-41302, 41305-41307(a)), and to the benefit of the Federal Maritime Commission for any penalty assessed against the Insured pursuant to section 13 of the Shipping Act (46 U.S.C. (b) A registration form which appears, upon submission, to be substantially incomplete may be rejected. Title 46 was last amended 2/27/2023. Application Type: New OFF License. Post office Fill in, print and save an online form. The guaranty must provide coverage for damages, reparations or penalties arising from any transportation-related activities under the Act of the covered ocean transportation intermediary. No licensed freight forwarder shall render, or offer to render, any freight forwarding service free of charge or at a reduced fee in consideration of receiving compensation from a common carrier or for any other reason. Assura 41104(a)(11), unless the common carrier knew that such NVOCC or OFF was not in compliance with the applicable tariff or financial responsibility requirements. Certification and Licensing (BCL) or can be found on the Commissions website If more than one insurer joins in executing this document, that action constitutes joint and several liability on the part of the insurers. 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. 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. Ocean Transportation Intermediary (OTI) Bond (Section 19, Shipping Act of 1984 (46 U.S.C. (See 46 C.F.R. 1, January 20, 2003. Whereas, this Guaranty is written to ensure compliance by the Applicant with section 19 of the Shipping Act (46 U.S.C. (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. (d) The Federal Maritime Commission shall not serve as depository or distributor to third parties of bond, guaranty, or insurance funds in the event of any claim, judgment, or order for reparation. a minimum of three years experience in the ocean transportation intermediary 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.
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