305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-41307; Pub. (a) Qualification necessary for issuance. (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. 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. formatting. 10/2007) II . These rules and regulations are contained in section 19
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. SAF/FM Sub-Organizations. Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. 5. 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. If replacing a qualifying individual, list the name of the individual
(f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). 515.14 Issuance, renewal, and use of license. - Complete the ISE configuration and test. 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. (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. (b) Service of administrative process, other than subpoenas, may be effected upon the legal agent by dispatching a copy of the document to be served by mail or courier service. <>
13. NVOCC not in the US, it needs to establish a qualifying office in the US. (b) A registration form which appears, upon submission, to be substantially incomplete may be rejected. 3411; 21 U.S.C. 11. documentation (e.g. qualify, it is suggested that you review 46 C.F.R. No application fee is required when reporting this change. 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. The applicant sole proprietor. 515.42 Forwarder and carrier compensation; fees. (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. Administrative subpoenas shall be served in accordance with 502.134 of this chapter. 1998 and the Coast Guard Authorization Act of 1998, and 46 C.F.R. 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. 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. Guarantor agrees to appoint an agent for service of process in the United States. sheet, please label the supplemental response to match the item number on the
This Insurance Form has been filed with the Federal Maritime Commission. Check the box that applies. Whereas, the Insurer certifies that it has sufficient and acceptable assets located in the United States to cover all liabilities of Insured herein described, this Insurance shall inure to the benefit of any and all persons who have a bona fide claim against the Insured pursuant to 46 CFR 515.23 arising from its transportation-related activities under the Shipping Act, or order of reparation issued pursuant to section 11 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. No licensed freight forwarder shall enter into an agreement or other arrangement (excluding agency arrangements not prohibited by law or this part) with an unlicensed person that bestows any fee, compensation, or other benefit upon the unlicensed person. 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 Show the employment history of
Please click here to be redirected. (b) Notice. Signed and sealed this ____ day of ____, ____. (a) Compensation or fee sharing. The Commission will update this list on a periodic basis. If this is an initial application for a license, the change
[80 FR 68734, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. instance where the application has been processed in whole or part. ZI])(. 12. 18. There are four different types of Medicare Savings Programs, this page focuses on the Qualifying Individual (QI-1) Program. or open up a
Submit electronically Form FMC-18: Application for a License as an Ocean Transportation Intermediary. 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. Qualifying Individual (QI) This article has moved to our new Knowledge Center home. All OTIs are responsible for requiring that, upon the request of any authorized Commission representative, their agents make available all records and books of account relating to ocean transportation intermediary service provided by or for their principals, and respond promptly to any lawful inquiries by such representative. The bond, insurance, or other surety may be available to pay such claim if: (i) The ocean transportation intermediary consents to payment, subject to review by the financial responsibility provider; or. For example, if a reference does not confirm the qualifying individual's experience to the FMC's satisfaction, a replacement reference can be used. 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. (c) Form of certification. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. 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. In the event a licensee acquires one or more additional licensees, for the purpose of merger, consolidation, or control, the acquiring licensee shall advise the Commission of such acquisition, including any change in ownership, within 30 days after such change occurs by submitting an amended Form FMC-18. documentation that will verify that fact, e.g. endobj
The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Failure to comply with
Create your signature and click Ok. Press Done. In the event of additions to Appendix A, coverage will be effective upon receipt of such notice, in writing, by the Commission at its office in Washington, DC. One of the members or managers, or an individual in an equivalent position in the LLC as expressly set forth in the LLC operating agreement. punctuation. 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. 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. (k) Non-vessel-operating common carrier services refers to the provision of transportation by water of cargo between the United States and a foreign country for compensation without operating the vessels by which the transportation is provided, and may include, but are not limited to, the following: (1) Purchasing transportation services from a common carrier and offering such services for resale to other persons; (2) Payment of port-to-port or multimodal transportation charges; (3) Entering into affreightment agreements with underlying shippers; (4) Issuing bills of lading or other shipping documents; (5) Assisting with clearing shipments in accordance with U.S. government regulations; (6) Arranging for inland transportation and paying for inland freight charges on through transportation movements; (7) Paying lawful compensation to ocean freight forwarders; (8) Coordinating the movement of shipments between origin or destination and vessel; (10) Entering into arrangements with origin or destination agents; (11) Collecting freight monies from shippers and paying common carriers as a shipper on NVOCC's own behalf.