fmc qualifying individualfmc qualifying individual

515.2(i) and (l) of the full text search results Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission. Registrants may request a hearing for terminations or suspensions of the effectiveness of their registrations following the same procedures set forth in 515.17 (governing hearing requests for denials, revocations and suspensions of licenses). If the response to any question is yes, please attach an explanation. considered a valid application unless it is signed. result, it may not include the most recent changes applied to the CFR. The Register allows members of the public to search for mediators. application to make certain that all applicable parts have been completed and boxes are not acceptable as a business address, but may be used for receipt of Sole proprietors should also complete the Certification at the top Signature of Official signing on behalf of Insurer. The completed questionnaire and any supporting documents must be returned within 30 days. Identify whether applicant, Clarification on eligibility to be a Qualified Individual when partnerships are involved. The valid control number for this collection of information is 3072-0018. (a) Notice of shipper affiliation. applicant and complete the section C titled Name Change/License Transfer to In this case, BEIC will follow-up with the OTI in an attempt to resolve any non-compliant aspects of the OTIs operations. involved with foreign water borne commerce. Now, therefore, the conditions of this obligation are that the penalty amount of this bond shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 against the OTIs enumerated in Appendix A of this bond for damages arising from any or all of the identified OTIs' transportation-related activities under the Shipping Act (46 U.S.C. The Principal or the Surety may at any time terminate this Rider by mail or email ([email protected]) 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. For the purposes of this part, the term: (1) Ocean freight forwarder (OFF) means a person that -, (i) In the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and, (ii) Processes the documentation or performs related activities incident to those shipments; and. 40902 and this part; or. QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. OTI experience obtained outside the US .) 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. (5) Change in the identity or status of the designated QI, except as described in paragraphs (b) and (c) of this section. (c) If the designated legal agent cannot be served because of death, disability, unavailability, termination or expiration of the designation, or if a legal agent authorized to receive such service is not designated in compliance with this section, the Secretary of the Federal Maritime Commission will be deemed to be the legal agent for service of process. There is no fee for filing changes to pending 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. Displaying title 46, up to date as of 3/02/2023. (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. Please list any organization Upon the request of any authorized representative of the Commission, an OTI shall make available promptly for inspection or reproduction all records and books of account in connection with its ocean transportation intermediary business, and shall respond promptly to any lawful inquiries by such representative. Where we note significant misconduct we refer these matters to the appropriate disciplinary bodies. commerce. If this is an 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. MSPs are federal programs that are administered by Medicaid in each state. Application Type: New OFF & NVO License. No OTI shall permit its name, license, license number, registration, or registration number to be used by any person who is not an employee or an agent of the OTI. DPI Copyright & Disclaimer Home / Knowledge Center / Qualifying Individual (QI) This person is called the FMC Qualifying Individual or "QI". Click the Save button (see Figure 5). 41107-41109). (a) Forms. 2021. and title of the proposed qualifying individual for the applicant. PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE . 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. consider the application to be void. The section also explains the General Duties for 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. 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. (4) Permit any such person, directly or indirectly, to participate, through ownership or otherwise, in the control or direction of the ocean transportation intermediary business of the licensee or registrant. 04. Bonds of Qualifying Individual costs between $69 and $390 depending on the personal credit, license history and classification of the qualifier. No licensed freight forwarder shall withhold any information concerning a forwarding transaction from its principal, and each licensed freight forwarder shall comply with the laws of the United States and shall exercise due diligence to assure that all information provided to its principal or provided in any export declaration, bill of lading, affidavit, or other document which the licensed freight forwarder executes in connection with a shipment is accurate. Each applicant shall be investigated in accordance with 515.13. 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. (1) Grounds. This is an optional form. More specific policies and procedures for . Such amount is separate and distinct from the bond amount set forth in the first paragraph of this Bond. 19. (2) If the parties fail to reach an agreement in accordance with paragraph (b)(1) of this section within ninety (90) days of the date of the initial notification of the claim, the bond, insurance, or other surety shall be available to pay any final judgment for reparations ordered by the Commission or damages obtained from an appropriate court. For use 1208 0 obj <> endobj You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. FMC Regulations & Statutes Regulations e-CFR pertaining to the FMC: 46 CFR 500 (GPO) Historical versions of the CFR (annual edition from FDsys) Statutes pertaining to the FMC Shipping Act of 1984 - 46 U.S.C. Location: FMC Natatorium Address: 275 Plaza Dr, Westmont, IL 60559 . (w) United States includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and all other United States territories and possessions. Incomplete applications will be returned without processing. b`Y0}/yfD55J{\M:yCLl`(gY<3! G3r8y4(# yKoKjQ8q)J`i[r#@ [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]. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 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. <>>> An additional condition of this Bond is that $____ (payable in U.S. [80 FR 68732, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. An official document supporting the legal name shall be These rules and regulations are contained in section 19 6. A rider to the bond should list the qualifying branch address in the United States. 13. 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. (Please type name of signer under each signature). . 46 U.S.C. documentation that lists all appointed officers) must be submitted with the (a) No common carrier may knowingly and willfully accept cargo from or transport cargo for the account of: (1) An NVOCC that does not have a published tariff as required by 46 U.S.C. 40101-41309. We're seeking qualified, motivated individuals who will help UCF fulfill its mission in unleashing the potential of every individual, enriching the human experience through inclusion, discovery, and innovation; and propelling broad-based prosperity for the many communities we serve. 9701; 46 U.S.C. Please do not provide confidential Documents typically required with an application include, for corporate applicants, your Articles of Incorporation; a current Certificate of Good Standing issued by the U.S. State or jurisdiction in which you do business; a Fictitious Name Statement if you propose to operate under a trade name or dba ; and a Corporate Resolution or minutes of (a) Necessary qualifications. 12. [80 FR 68736, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. place of business (must be the physical address of applicant). The notice of intent to deny the application will provide, in detail, a statement of the facts supporting denial. (c) Notices of court and other claims against OTIs by financial responsibility providers. 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. 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. A license will be issued after the Commission has received acceptable 515.2(i) and 515.2(l), 515.11(a),. Use a different letter for each qualifying individual (i.e., A5, Responsibility Requirements. [515.19(f) &515.20] These changes should be sent [email protected]. (s) Shipment means all of the cargo carried under the terms of a single bill of lading. in the United States commerce as defined in 46 C.F.R. (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. Each licensee and registrant shall carry on its business only under the name in which it was licensed or registered and only under its license or registration number as assigned by the Commission. 515.16 Revocation or suspension of license. The estimated average time is: Recordkeeping, 20 minutes; Learning about the form, 20 minutes; Preparing and sending the form to the FMC, 20 minutes. (2) Hearing procedure. (b) Arrangements with unauthorized persons. Examples of work experience that are not considered (h) Non-vessel-operating common carriers; compensation. 41301-41302, 41305-41307(a)), or any penalty assessed against the Applicant pursuant to section 13 of the Shipping Act (46 U.S.C. Submit electronically or print out and complete Form FMC-18: Application for a License as an Ocean Transportation Intermediary. 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. The terms used in this part are defined as follows: (a) Act or Shipping Act means the Shipping Act of 1984, as amended. Every NVOCC must employee at least one company officer as a Qualifying Individual (QI) for FMC licensing purposes. Regulation Y 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. you can't claim him or her as a dependent not a qualifying person. It is highly Within 30 days of the change, Licensed or Registered NVOCCs and ocean freight forwarders must report changes to any information that was provided on their most recent application. [64 FR 11171, Mar. Q-5000, Qualifying Individuals (QIs) Printer-friendly version. 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.

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