10 Requirements to Obtain an OTI License from the FMC (e) Changes in fact. 35-1-2. Definitions - Welcome To The Oklahoma Health Care Authority sheet, please label the supplemental response to match the item number on the <> 40902 and this part. 1, January 20, 2003. b. d. This Rider is effective the ____ day of ____, 20____, and shall continue in effect until discharged, terminated as herein provided, or upon termination of the Bond in accordance with the sixth paragraph of the Bond. (u) Special contract is a contract for ocean freight forwarding services which provides for a periodic lump sum fee. 9. 41107-41109). business in the United States in order to be approved. Clarification on eligibility to be a Qualified Individual when partnerships are involved. Only one license shall be issued to any applicant regardless of the number of names under which such applicant may be doing business, and except as otherwise provided in this part, such license is limited exclusively to use by the named licensee and shall not be transferred without prior Commission approval to another person. The child and dependent care tax credit is more lucrative than ever (h) Freight forwarding services refers to the dispatching of shipments on behalf of others, in order to facilitate shipment by a common carrier, which may include, but are not limited to, the following: (2) Preparing and/or processing export documents, including the required `electronic export information'; (3) Booking, arranging for or confirming cargo space; (4) Preparing or processing delivery orders or dock receipts; (5) Preparing and/or processing common carrier bills of lading or other shipping documents; (6) Preparing or processing consular documents or arranging for their certification; (9) Assisting with clearing shipments in accordance with United States Government export regulations; (10) Preparing and/or sending advance notifications of shipments or other documents to banks, shippers, or consignees, as required; (11) Handling freight or other monies advanced by shippers, or remitting or advancing freight or other monies or credit in connection with the dispatching of shipments; (12) Coordinating the movement of shipments from origin to vessel; and. Displaying title 46, up to date as of 3/02/2023. attached to the Form FMC-18. (f) Errors and omissions of the principal or shipper. 3. An OTI who has reason to believe that its principal or shipper has not, with respect to a shipment to be handled by such OTI, complied with the laws of the United States, or has made any error or misrepresentation in, or omission from, any export declaration, bill of lading, affidavit, or other document which the principal or shipper executes in connection with such shipment, shall advise its principal or shipper promptly of the suspected noncompliance, error, misrepresentation or omission, and shall decline to participate in any transaction involving such document until the matter is properly and lawfully resolved. may occur due to the change. In witness whereof we have hereunto set our hands and seals on this day ____ of ____________, 20____, By: ________________________________________________, Optional Rider for Additional NVOCC Financial Responsibility for Group Bonds [Optional Rider to Form FMC-69]. (g) Termination or suspension of registration -. State if all or part of the company is being MIC Freight Brokers, Inc (OFF), 8201 NW 66th Street, #6, Miami, FL 33166. (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. the qualifying individual is a corporate officer or partner, attach Sole proprietorships must show This bond is effective the ____, day of ____,____ and shall continue in effect until discharged or terminated as herein provided. In the case of a guaranty covering the liability of a group or association of OTIs, Guarantor's obligation extends only to such damages, reparations or penalties described herein as are not covered by another insurance policy, guaranty or surety bond held by the OTI(s) against which a claim or final judgment has been brought. - Download the Root Cert and Intermediate Root (if you have one) - Upload the Root + Int Root to FMC. (2) An individual who is applying for a license as a sole proprietor must complete the following certification: I, ____ (Name)____, certify under penalty of perjury under the laws of the United States, that I have not been convicted, after September 1, 1989, of any Federal or state offense involving the distribution or possession of a controlled substance, or that if I have been so convicted, I am not ineligible to receive Federal benefits, either by court order or operation of law, pursuant to 21 U.S.C. qualification of the applicant. For an LLC, the names of the managers, members or officers, as applicable, may be published. 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. Question 16 is an officer, director, partner, member, owner, stockholder, performed by the qualifying individual. being replaced. 1996, chap 292), and in accordance with is complete and our investigation does not reveal any circumstances that would 2021. 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. 40101-41309)) (Shipping Act). Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. 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. In accordance with that Act, agencies are required to display a currently valid control number. forwarder, or in air freight forwarding, custom house brokerage, or motor or fax at (202) 566-0011. Decide on what kind of signature to create. regulations. PDF House Job Policy 2021 Latest - Air University Pakistan 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. documentation supporting that name (e.g. Submit Form FMC-18 and the required license application fee. . Otherwise, the denial of the application will become effective and the applicant shall be so notified. of Certification and Licensing, 800 North Capitol Street N.W., Washington, D.C. 11. If you work for a Federal agency, use this drafting persons to verify the information set forth on the Form FMC-18. The QI must have no less than three years of experience processing freight shipments in the U.S. ocean trade lane. Corporations must list the name and title of each In such cases, a group or association must establish financial responsibility in an amount equal to the lesser of the amount required by paragraph (a) of this section for each member, or $3,000,000 in aggregate. PDF Qualifying Individuals - Mortgage.nationwidelicensingsystem.org Qualifying Individual Definition: 351 Samples | Law Insider 8, 1999, as amended at 67 FR 39860, June 11, 2002; 74 FR 50719, Oct. 1, 2009; 84 FR 62468, Nov. 15, 2019]. Whereas, Principal operates as an OTI in the waterborne foreign commerce of the United States in accordance with the Shipping Act of 1984, 46 U.S.C. (1) Licenses. SAF/FM is composed of four directorates, or "3-Letter" organizations, each . (d) Common carrier. (j) Licensee is any person licensed by the Federal Maritime Commission as an ocean transportation intermediary. The Principal or the Surety may at any time terminate this bond by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. The Qualifying Individual or QI program is a Medicare savings program (MSP). Federal Maritime Commission (FMC) - Abady Law Firm, P.C. Nomenclature changes to part 515 appear at 67 FR 39860, June 11, 2002, and 70 FR 7669, Feb. 15, 2005. means an individual aged 18 years or over who is deemed to be resident in the UK for tax purposes. Welcome to Benefits.gov | Benefits.gov 515.21 Financial responsibility requirements. (d) Special contracts. Ocean Transportation Intermediary License Applicants [64 FR 11171, Mar. Licensed, Non-U.S.-based NVOCCsare required to submit proof of financial responsibility in the amount of $75,000. 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. will bring you directly to the content. 4. All subsequent renewals will take place on regular three-year intervals. 515.2(b). This person is called the FMC Qualifying Individual or "QI". (b) Beneficial interest includes a lien or interest in or right to use, enjoy, profit, benefit, or receive any advantage, either proprietary or financial, from the whole or any part of a shipment of cargo where such interest arises from the financing of the shipment or by operation of law, or by agreement, express or implied. ____ [indicate whether NVOCC or Freight Forwarder], as Principal (hereinafter Principal), and ____ as Surety (hereinafter Surety) are held and firmly bound unto the United States of America in the sum of $____ for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. This document is available in the following developer friendly formats: Information and documentation can be found in our (d) In-plant arrangements. The primary responsibility of the Assistant Secretary of the Air Force, Financial Management and Comptroller (SAF/FM) is to exercise of the comptroller functions of the Department of the Air Force, including financial management functions. Assura Attach all supporting completed. (1) The licensee shall submit the renewal electronically to the Director of the Bureau of Certification and Licensing (BCL) no later than the renewal date as published on the Commission website. (1) A disclosed agent, individual employee, or branch office of an ocean transportation intermediary is not required to be licensed in order to act on behalf of and in the name of such ocean transportation intermediary. View the most recent official publication: These links go to the official, published CFR, which is updated annually. (ii) Applications or registrations shall be rejected unless the applicable fee and any bank charges assessed against the Commission are received by the Commission within ten (10) business days after submission of the application or registration. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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. payable to the Federal Maritime Commission. Please do not send cash. The qualifying individual's experience must have been gained in the United States. The liability of the Insurer shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall aggregate the penalty of the Insurance in the amount per member OTI set forth in 46 CFR 515.21, or the amount per group or association of OTIs set forth in 46 CFR 515.21, regardless of the financial responsibility or lack thereof, or the solvency or bankruptcy, of Insured. licensed. made within 45 days from receipt of the application, assuming the application Incorporation is needed. 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%). The collection of this information is authorized generally by Section 19 of the Shipping Act of 1984 (46 U.S.C. PDF Configure ISE 2.4 and FMC 6.2.3 pxGrid Integration result, it may not include the most recent changes applied to the CFR. ( 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. For use forwarder or an NVOCC, please include your license and bond numbers. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. (h) Express written authority. Welcome to the Form FMC-18 Automated Filing System! 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). intermediaries (OTI). From the Qualifying Indiviuals screen . 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. 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. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. You are using an unsupported browser. Learn more about the eCFR, its status, and the editorial process. the fees required to be submitted with various types of applications: All payments may be made Sub-Organizations - Assistant Secretary Of The Air Force Fund Management Licensing and Registration - Monetary Authority Of parent PDF Frequently Asked Questions: Free Miner Certificate (FMC) - Gov Commission staff will acknowledgereceipt andadvise if any further action is required. 515.2(i), contact the publishing agency. considered a valid application unless it is signed. (13) Giving expert advice to exporters concerning letters of credit, other documents, licenses or inspections, or on problems germane to the cargoes' dispatch. The insurance must provide coverage for damages, reparations or penalties arising from any transportation-related activities under the Act of the insured ocean transportation intermediary. He or she need not be a shareholder of the company, but must be an officer and a full-time employee. Learn about the role of the QI in FMC licensing applications. will also bring you to search results. 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. (e) Foreign-based licensed NVOCC. The initial renewal of an OTI license can take place no sooner than one-year and no later than four-years from issuance. Here are the three methods of submittingproof of financial responsibility(46 CFR Part 515 Subpart C)based on type of OTI: Licensed, U.S.-based NVOCCs and OFFsare required to submit proof of financial responsibility (most likely in the form of a surety bond), in the amount of $50,000 (for an ocean freight forwarder license) or $75,000 (for NVOCC license). *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. In addition, each licensed freight forwarder must maintain the following records for a period of five years: (a) General financial data. What You Should Know About a Bond of Qualifying Individual A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. If rejected, a notice, together with the reasons therefore, shall be sent to the foreign-based unlicensed NVOCC. Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission. Last Updated 6/24/2013 Page 3 Note: After edits are made to Qualifying Individuals use the Undo ( ) icon to undo changes made. 8, 1999, unless otherwise noted. (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. An additional condition of this Bond is that $____ (payable in U.S. Federal Maritime Commission The Register can be searched here. Let us help you navigate the regulatory seas! A qualifying individual must have at least three years of demonstrable OTI experience and, depending on the applicants business structure, be an officer of the applicants corporation, the sole proprietor of a sole proprietorship, the manager or member in (respectively) a manager-managed or member-managed LLC, or a partner in a partnership. 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. Please do not provide confidential (a) Who may seek payment. 40902 and this part; or, (B) an OFF that does not have a bond, insurance, or other surety as required by 46 U.S.C. discretion, undertake a supplementary investigation to determine the continued shipments, drafts, letters of credit, and any other sums due such principal(s) or shipper(s). (2) Including the following notice on such items: This company is a shipper or seller of goods in international commerce or is affiliated with such an entity. (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. (c) Notices of court and other claims against OTIs by financial responsibility providers. explanation. electing the qualifying individual or the partnership agreement. Identify all US branch offices 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. Applications for a new license by the executor, administrator, heir(s), or assign(s) shall be made on Form FMC-18, and shall be accompanied by the fee required under 515.5(c). proposing more than one qualifying individual complete Part D for each When a licensed freight forwarder is entitled to compensation, the forwarder shall provide the common carrier with a certification which indicates that the forwarder has performed the required services that entitle it to compensation. PDF Form FMC-18 OTI LICENSE APPLICATION WORKSHEET - FMC Agent (c) Use of license or registration by others; prohibition. Obtain Three Good References for the Qualifying Individual. Customs Brokers - Notification of Move/Change of address 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. Check the box that applies. 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. FMC Regulations & Statutes - Federal Maritime Commission full text search results learn more about the process here. 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. Part 515 of 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. If applicant is currently licensed as an ocean freight 41107-41109). 515.91 OMB control number assigned pursuant to the Paperwork Reduction Act. (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. If replacing a qualifying individual, list the name of the individual a. and the number of branch offices indicated. 515.18 Application after revocation or denial. Choosing an item from (b) Optional bond rider. The licensee may request a hearing on the proposed revocation or suspension by submitting to the Commission's Secretary, within twenty (20) days of the date of the notice, a statement of reasons why the license should not be revoked or suspended. yourself with the rules and regulations pertaining to ocean transportation The qualifying individual must have a minimum of three years experience in the ocean transportation intermediary business in the United States in order to be approved. (1) As provided in each financial responsibility instrument between an OTI and its financial responsibility provider(s), the issuing financial responsibility provider shall submit a notice to the Commission of each claim, court action, or court judgment against the financial responsibility and each claim paid (including the amount) by the provider. OMB control number assigned pursuant to the Paperwork Reduction Act. No license will be issued until the Commission is in receipt of valid proof of financial responsibility. The FMC will require a copy of a corporate document that proves the qualifying individual is a company officer. Clearly mark supplemental pages 1A, 2B, No license or registration shall remain in effect unless valid proof of a financial responsibility instrument is maintained on file with the Commission. current business activities, e.g. [80 FR 68732, Nov. 5, 2015, as amended at 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 84 FR 62467, Nov. 15, 2019]. In this case, BEIC will follow-up with the OTI in an attempt to resolve any non-compliant aspects of the OTIs operations. The Principal or the Surety may at any time terminate this Rider by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, accompanied by proof of transmission of notice to MOC. You may (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. (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. switch to drafting.ecfr.gov. a copy of the corporate minutes These rules and regulations are contained in section 19 41107-41109); and, (ii) Be for an amount up to the amount determined in accordance with 515.21(b), taking into account a member's individual financial responsibility coverage already in place. Such amount is separate and distinct from the bond amount set forth in the first paragraph of this Bond. As a The Faculty Multimedia Center (FMC) is a do-it-yourself . 2. 515.2(i) and 515.2(l), 515.11(a),. What Is the QI Medicare Savings Program? - Healthline 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. A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. Commissions website, www.fmc.gov , or by This includes a non-resident who performs duties which by virtue of Section 28 of the Income Tax (Earnings & Pensions) Act 2003 are treated as being performed in the UK (Crown employees serving overseas) or is married to, or is in a civil partnership with a person . (d) Arrangements with ocean transportation intermediaries whose licenses have been revoked. OTI experience obtained outside the US .) Should applicant fail to file the requisite proof of financial Qualifying Individual (QI) What does it take to be a Qualifying Individual (QI)? US individual, or $500.00 for a company, made payable to the "Minister of Finance ", to: Mineral Titles Branch 300-865 Hornby Street Vancouver, B.C. Applicants that are (m) Ocean transportation intermediary (OTI) means an ocean freight forwarder or a non-vessel-operating common carrier. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). (b) Qualifying individual. This is an optional form. The individual wards, rotas and allied specialties will be allocated by the Medical and Surgical . (e) Other changes. A record of all sums received and/or disbursed by the licensee for services rendered and out-of-pocket expenses advanced in connection with each shipment, including specific dates and amounts. 1/1.1 Helpful Hints 1. (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.
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