This group bond shall inure to the benefit of any and all persons who have obtained a judgment or made a settlement pursuant to a claim under 46 CFR 515.23 for damages against any or all of the OTIs identified in Appendix A not covered by said OTIs' insurance policy(ies), guaranty(ies) or surety bond(s) arising from said OTIs' transportation-related activities under the Shipping Act, or order for reparation issued pursuant to section 11 of the Shipping Act, and to the benefit of the Federal Maritime Commission for any penalty assessed against said OTIs pursuant to section 13 of the Shipping Act (46 U.S.C. 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. If this is an BEIC promotes voluntary compliance through outreach and education to the shipping public and regulated industry, and works closely with theCommissions Area Representativesand theBureau of Certification and Licensingto help OTIs understand their responsibilities and how to comply with the Shipping Act and the Commissions regulations. Learn more about the eCFR, its status, and the editorial process. Submission is completely voluntary. A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. Bond of Qualifying Individual | ccisbonds.com | ccisbonds.com Length of qualifying ocean transportation . The Commission will issue a license only in the name of the applicant, whether the applicant is a sole proprietorship, a partnership, a corporation, or limited liability company. (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. or entity of any type whether in the United States or abroad that is affiliated The name and license or registration number of each OTI shall be permanently imprinted on the licensee's or registrant's office stationery and billing forms. (j) Prohibition. separately licensed. an ocean transportation intermediary license. (d) Compensation pursuant to tariff provisions. 4 0 obj This evidence of financial responsibility shall be accompanied by: in the case of a financial rating, the Guarantor's financial rating on the rating organization's letterhead or designated form; in the case of a guaranty provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's; and in the case of a guaranty 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. However, the bond shall not apply to shipments of used household goods and personal effects for the account of the Department of Defense or the account of federal civilian executive agencies shipping under the International Household Goods Program administered by the General Services Administration. The Commission has received OMB approval for this collection of information pursuant to the Paperwork Reduction Act of 1995, as amended. Electronic certification must contain confirmations by the forwarder and the carrier identifying the shipments upon which forwarding compensation may be paid. The qualified individual must: (1) assess the child's needs and strengths, using an age-appropriate, evidence-based, validated, functional assessment approved by the commissioner of human services; (2) determine whether the child's needs can be met by the child's family members or through placement in a family foster home; or, if not, determine . ____ to the United States of America and filed with the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 is modified as follows: 1. Whenever a license has been revoked or an application has been denied because the Commission has found the licensee or applicant to be not qualified to render ocean transportation intermediary services, any further application within 3 years of the Commission's notice of revocation or denial, made by such former licensee or applicant or by another applicant employing the same qualifying individual, officer(s), member(s), manager(s) or controlled by persons on whose conduct the Commission based its determination for revocation or denial, shall be reviewed directly by the Commission. you can't claim him or her as a dependent not a qualifying person. will bring you directly to the content. FMC Issues Proposed Rule Changes Covering OTI Licensure and - Hklaw The QI must have no less than three years of experience processing freight shipments in the U.S. ocean trade lane. Unless prior written approval from the Commission has been obtained, no OTI shall, directly or indirectly: (1) Agree to perform ocean transportation intermediary services on shipments as an associate, correspondent, officer, employee, agent, or sub-agent of any person whose license has been revoked or suspended pursuant to 515.16, or registration terminated or suspended pursuant to 515.19(g); (2) Assist in the furtherance of any ocean transportation intermediary business of an OTI whose license has been revoked; (3) Share forwarding fees or freight compensation with any such person; or. LLC meeting minutes keep a written record of all consequential discussions, votes, and actions that occurred throughout a limited liability company (LLC) meeting. Each group or association of ocean transportation intermediaries shall be responsible for requiring each member ocean transportation intermediary to provide it with valid proof of financial responsibility annually; (5) Where the group or association of ocean transportation intermediaries determines to secure on behalf of its members other forms of financial responsibility, as specified by this section, for damages, reparations or penalties not covered by a member's individual financial responsibility coverage, such additional coverage must: (i) Allow claims to be made in the United States directly against the group or association's Surety, Insurer or Guarantor for damages against each covered member ocean transportation intermediary arising from each covered member ocean transportation intermediary's transportation-related activities under the Act, or order for reparations issued pursuant to section 11 of the Act (46 U.S.C. guide. (e) Foreign-based licensed NVOCC. Submit Form FMC-18 and the required license application fee. 04. 40901-40904), and the rules and regulations of the Federal Maritime Commission relating to evidence of financial responsibility for OTIs (46 CFR part 515), this guaranty shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Applicant arising from the Applicant's transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. An additional condition of this Bond is that $ ______________(payable in U.S. But only an HSA lets you take tax-free distributions for qualified medical expenses. 515.2(i) and 515.2(l), 515.11(a)). If you have questions for the Agency that issued the current document please contact the agency directly. The valid control number for this collection of information is 3072-0018. (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. The required certification may be provided electronically by the forwarder or may be placed on one copy of the relevant bill of lading, a summary statement from the forwarder, the forwarder's compensation invoice, or as an endorsement on the carrier's compensation check. However, the bond shall not apply to shipments of used household goods and personal effects for the account of the Department of Defense or the account of federal civilian executive agencies shipping under the International Household Goods Program administered by the General Services Administration. 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. explanation. the name of your existing company, the new name of the company should appear the hierarchy of the document. The fee for such supplementary investigation is openssl req -new -key fmc.key -out fmc.csr. appropriate box that applies to the applicant. existence for more than one year. Jun. Please complete the appropriate section below (8A or 8B). (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. (2) Fees under this part shall be as follows: (i) Application for new OTI license as required by 515.12(a): Filing $250. 42301 - 42307 8, 1999, as amended at 80 FR 68737, Nov. 5, 2015]. You can also expect the Commission to contact the references for the Qualified Individuals (QI) program - Medicareresources.org (b) Optional bond rider. (e) False or fraudulent claims, false information. 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. To qualify for any of the three types of OTI license (Large PDF) issued by the Federal Maritime Commission (FMC), your company must demonstrate to the FMC that at least one of your company officers has a minimum of three (3) years working experience for an FMC licensed NVOCC, ocean forwarder, or ocean carrier in the USA. Check all the boxes 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. (d) Acquisition of one or more additional licensees. The Register can be searched here. After all Parts of the application have been completed and the application has been submitted, you must submit the required. In no event shall the Surety's obligation under this Rider exceed the amount set forth in section 1a regardless of the number of claims. trade name or adding a trade name, you must attach the appropriate Ocean Transportation Intermediary (OTI) Group Supplemental Coverage Bond Form (Shipping Act of 1984 (46 U.S.C. Licensing, Registration and/or Proof of Financial Responsibility, Competition and Integrity for Americas Ocean Supply Chain, Apply for or make changes to a License or Request a Foreign Registration, Ocean Shipping Reform Act of 2022 (OSRA) Implementation, Foreign NVOCC Registration Status Changes, Consumer Affairs & Dispute Resolution Services, Historical Federal Maritime Commission Reports, Vessel-Operating Common Carrier (VOCC) Audit Program. 515.21 of the Commission's ocean transportation intermediary (a) The response plan must identify a qualified individual and at least one alternate who meet the requirements of this section. Whereas, the Insured is or may become an OTI subject to the Shipping Act and the rules and regulations of the Federal Maritime Commission, or is or may become a group or association of OTIs, and desires to establish financial responsibility in accordance with section 19 of the Shipping Act (46 U.S.C. Clearly mark supplemental pages 1A, 2B, 3. the qualifying individual is a corporate officer or partner, attach (i) From the United States means oceanborne export commerce from the United States, its territories, or possessions, to foreign countries. Basic requirements for licensing; eligibility. This bond is effective the ____ day of ____, ____ and shall continue in effect until discharged or terminated as herein provided. The insurance evidenced by this undertaking shall be applicable only in relation to incidents occurring on or after the effective date and before the date termination of this undertaking becomes effective. The Bureau of Enforcement, Investigation, and Compliance (BEIC) actively fosters industry compliance with theShipping Act and other statutes and regulations within the Commissions authority. Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573-0001. 1. The qualifying individual's experience must have been gained in the United States. 1331 Pennsylvania Avenue, NW. You can learn more about the process Understanding the Medicare Qualified Individual (QI) program contact the publishing agency. It is not an official legal edition of the CFR. Every NVOCC must employee at least one company officer as a Qualifying Individual (QI) for FMC licensing purposes. (d) Federal military and civilian household goods. 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. Application Type: New OFF & NVO License. assistance to the applicant including anyone who is providing collateral for Administrative subpoenas shall be served in accordance with 502.134 of this chapter. conglomerates must submit a list of all subsidiaries and affiliations printed For LLPs and LLCs, an Amended Partner Membership The Insurer must certify that it has sufficient and acceptable assets located in the United States to cover all damages arising from the transportation-related activities of the insured ocean transportation intermediary as specified under the Act. The term "qualifying individual" (QI) is added and defines QI as an individual who meets the Shipping Act's experience and character requirements. The Qualified Individuals (QI) program is a Medicare Savings Program (MSP) that pays for an enrollee's Medicare Part B premiums. endobj If Responsibility Requirements. B. and months of ocean transportation intermediary experience that the qualifying FAR). (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. here. the fees required to be submitted with various types of applications: All payments may be made 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. 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. All applications must contain a street address indicating the principal (c) Form of certification. (c) Duration of license. A separate drafting site A rider to the bond should list the qualifying branch address in the United States. of Incorporation and minutes of a meeting appointing officers (or other (b) Filing of license application forms. intermediaries (OTI). 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. [80 FR 68736, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. formatting. (g) Freight forwarding fee means charges billed by an ocean freight forwarder to a shipper, consignee, seller, purchaser, or any agent thereof, for the performance of freight forwarding services. (c) Information provided to the principal. The QI program helps pay your Part B premiums. Track record and fund management expertise of the applicant and its parent company or major shareholders. If a question within a Part is not applicable, Identify the name The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Qualifying Individuals in Partnerships Between Entities: The FMC proposes adjusting the language of Section 515.11(b) regarding qualified individual (QI) requirements to clarify that an officer of a general partner entity may qualify as the QI. A compliance audit starts with a letter of introduction that explains BEICs authority and purpose for conducting the audit. (e) Changes in fact. 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). transferred from (transferor) and identify the company which will receive the 2021. (d) Federal military and civilian household goods. Such hearing shall be provided pursuant to the procedures contained in 515.17. and the number of branch offices indicated. (b) Arrangements with unauthorized persons. <iframe title="Intentionally Blank" src="https://www.googletagmanager.com/ns.html?id=GTM-MBGXM55" height="0" width="0" aria-hidden="true" style="display:none . Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. (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. 1/1.1 [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]. The applicant must obtain A licensed freight forwarder may place an employee or employees on the premises of its principal as part of the services rendered to such principal, provided: (1) The in-plant forwarder arrangement is reduced to writing and identifies all services provided by either party (whether or not constituting a freight forwarding service); states the amount of compensation to be received by either party for such services; sets forth all details concerning the procurement, maintenance or sharing of office facilities, personnel, furnishings, equipment and supplies; describes all powers of supervision or oversight of the licensee's employee(s) to be exercised by the principal; and details all procedures for the administration or management of in-plant arrangements between the parties; and. (5) Change in the identity or status of the designated QI, except as described in paragraphs (b) and (c) of this section. Many of our PDF forms and applications can be completed online. If applicant intends 8, 1999, as amended at 69 FR 17945, Apr. No conference or group of common carriers shall deny in the export commerce of the United States compensation to an ocean freight forwarder or limit that compensation, as provided for by section 19(e)(4) of the Act (46 U.S.C. MIC Freight Brokers, Inc (OFF), 8201 NW 66th Street, #6, Miami, FL 33166. A license number should be provided only by those persons who are already (3) An ocean transportation intermediary is fully responsible for the acts and omissions of any of its employees and agents that are performed in connection with the conduct of the ocean transportation intermediary's business.
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