fmc qualifying individual

(a) Every ocean transportation intermediary not located in the United States and every group or association of ocean transportation intermediaries not located in the United States which provides financial coverage for the financial responsibility of a member ocean transportation intermediary shall designate and maintain a person in the United States as legal agent for the receipt of judicial and administrative process, including subpoenas. 1996, chap 292), and in accordance with Apply Today To learn more about working at FMC, visit our Careers page. application for a license as an ocean transportation intermediary has been 13A Cslb - Fill Out and Sign Printable PDF Template | signNow But only an HSA lets you take tax-free distributions for qualified medical expenses. Corporation), [80 FR 68738, Nov. 5, 2015; 81 FR 4593, Jan. 27, 2016], Optional Rider for Additional NVOCC Financial Responsibility [Optional Rider to Form FMC-48]. FMC regulates ocean shippingTo qualify for any of the three types of OTI license 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. You can Commission staff will acknowledgereceipt andadvise if any further action is required. 15. Applicants that are Jeannie Knudson. (a) Disclosure of principal. 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. etc. A non-U.S.-based NVOCC must establish a presence in the United States by opening and maintaining an unincorporated branch office that is resident in the U.S. and is qualified by the Secretary of State office (or equivalent) in the state/territory in which the company is located. 40901-40904)) ____ [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. Each applicant shall be investigated in accordance with 515.13. Otherwise, the action regarding the license will become effective. 40901-40904) and this part. A license may be revoked or suspended for any of the following reasons: (1) Violation of any provision of the Act, or any other statute or Commission order or regulation related to carrying on the business of an ocean transportation intermediary; (2) Failure to respond to any lawful order or inquiry by the Commission; (3) Making a materially false or misleading statement to the Commission in connection with an application for a license or an amendment to an existing license; (4) A Commission determination that the licensee is not qualified to render intermediary services; or. hb```^!b`f`sL``p`Hadw5Sl;`}5A55itFN)as_,;#n Upon request, a general statement of its business activities and those of its affiliates, along with a written list of the names of such affiliates, will be provided. - Regulations Affecting Ocean Shipping in Foreign Commerce, https://www.ecfr.gov/current/title-46/chapter-IV/subchapter-B/part-515, Licensing, Registration, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries, Eligibility and Procedure for Licensing and Registration. 41301-41302, 41305-41307(a)), or any penalty assessed against each covered member ocean transportation intermediary pursuant to section 13 of the Act (46 U.S.C. 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 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. Whereas ____ (Name of Applicant [indicate whether NVOCC or Freight Forwarder]) (hereinafter Applicant) is or may become an Ocean Transportation Intermediary (OTI) subject to the Shipping Act of 1984 (46 U.S.C. 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. (ii) in the case of insurance and guaranty, a firm 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, Underwriters at Lloyd's, or surplus line insurers named on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners and issued by such firms on Form FMC-67 and Form FMC-68, respectively. explanation of the business practices of both companies. The Insurer will promptly notify the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, in writing by mail or email (bcl@fmc.gov), of all claims made, lawsuits filed, judgments rendered, and payments made against the Insurance. proof of legal name) and include the proper fee. must be completed depending on the particular transaction as follows: All Applications must be All application forms are to be filed electronically. indicate old name or transferor. Submit Form FMC-18 and the required license application fee. 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. US *Prices shown are for a one year term and are based on several factors including personal credit, license history, years in business and active licensing and bonding of the qualifier. 8, 1999, as amended at 80 FR 68733, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. The common carrier shall be entitled to rely on such certification unless it knows that the certification is incorrect. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. ), Ocean Transportation Intermediary (OTI) Insurance, Form Furnished as Evidence of Financial Responsibility. Solved: Integrating FMC with ISE - Cisco Community Carrier (NVOCC) licenses. APPLICATION PROCESS FOR NON-U.S.-BASED NVOCCS THAT CHOOSES TO BE . A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. the hierarchy of the document. 515.14 Issuance, renewal, and use of license. application to make certain that all applicable parts have been completed and "Qualifying Individual-1" means a Qualified Individual who meets the Qualifying Individual-1 income and resource standards. going to conduct OTI business through branch offices in the explanation. (a) Who may seek payment. A6, A7, B5, B6, B7, etc). assistance to the applicant including anyone who is providing collateral for Please complete the appropriate section below (8A or 8B). also telephone BCL, Office of Transportation Intermediaries, at (202) 523-5843 If this is an (h) Non-vessel-operating common carriers; compensation. A Fictitious Name Statement). The Guarantor hereby designates as the Guarantor's legal agent for service of process domiciled in the United States ____, with offices located in the United States at ____, for the purposes of enforcing the Guaranty described herein. The official, published CFR, is updated annually and available below under A joint licensee. 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). qualifying individual(s). Qualifying Individual Definition: 351 Samples | Law Insider FMC Registration - Family Mediation Council 305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-41307; Pub. Contact your local broker Management Officer or the Broker Management Branch for inquiries on the change of address to: Broker Management Branch. (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. application, e.g. A license is not required in the following circumstances: (a) Shippers. 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 Persons who have had their applications rejected may submit a new Form FMC-18 at any time, together with the required filing fee. State if all or part of the company is being (See 46 C.F.R. These recordkeeping requirements are independent of the retention requirements of other federal agencies. the Commission's regulations that explains the Licensing and Financial 155.1026 Qualified individual and alternate qualified individual. The application must ZI])(. The Federal Maritime Commission shall not serve as a depository or distributor to third parties of funds payable pursuant to optional bond riders described in 515.25(b). The application process includes detailed reporting of your company's organizational structure and management. (1) It possesses the necessary experience, that is, its qualifying individual has a minimum of three (3) years' experience in ocean transportation intermediary activities in the United States, and the necessary character to render ocean transportation intermediary services. (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. and the number of branch offices indicated. 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. The guaranty must be placed with: (1) A Guarantor 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; (d) Evidence of financial responsibility of the type provided for in paragraphs (a), (b) and (c) of this section established through and filed with the Commission by a group or association of ocean transportation intermediaries on behalf of its members, subject to the following conditions and procedures: (1) Each group or association of ocean transportation intermediaries shall notify the Commission of its intention to participate in such a program and furnish documentation as will demonstrate its authenticity and authority to represent its members, such as articles of incorporation, bylaws, etc. The collection of this information is authorized generally by Section 19 of the Shipping Act of 1984 (46 U.S.C. These rules and regulations are contained in section 19 (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. 7. 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. 862. The licensed or registered NVOCC and each licensed freight forwarder may maintain these records in either paper or electronic form, which shall be readily available in usable form to the Commission; the electronically maintained records shall be no less accessible than if they were maintained in paper form. (d) The Commission will publish at its Web site, www.fmc.gov, a list of the locations of all carrier and conference tariffs, and a list of ocean transportation intermediaries (including a separate list for NVOCCs) who have met all of their applicable licensing, registration, tariff and financial responsibility requirements, current as of the last date on which the list is updated. (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. in the group's annual report. 2022 Distribution-Publications, Inc. All rights reserved. (3) Any registered NVOCC, as defined in 515.2(r), shall furnish evidence of financial responsibility in the amount of $150,000. of the change. Check the boxes that apply. Title 46 was last amended 2/27/2023. (1) Any person in the United States advertising, holding oneself out, or acting as an ocean freight forwarder as defined in 515.2(m)(1) shall furnish evidence of financial responsibility in the amount of $50,000. contained in the Form FMC-18 must be reported to the Commission within 30 days Identify three persons, (d) Acquisition of one or more additional licensees. 10. If you are transferring a Learn more about the eCFR, its status, and the editorial process. For corporations, the Articles (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. 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. Qualifying individual | U.S.A. IMPORT & EXPORT LAWS No license will be issued until the Commission is in receipt of valid proof of financial responsibility. (A) Money order, certified, cashier's, or personal check payable to the order of the Federal Maritime Commission;, (C) The Automated Clearing House system; or. (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. 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. FAR). Copies of this form will be maintained until the corresponding license has been revoked. Such QI(s) must meet the applicable requirements set forth in 515.11(a) through (c). 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. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT Free LLC Meeting Minutes Template | Sample - Word - EForms all questions answered or noted "N/A" within those Parts. 41107-41109). 41301-41302, 41305-41307(a)), or any penalty assessed against one or more OTI members pursuant to section 13 of the Shipping Act (46 U.S.C. Qualifying Individual (QI) - Distribution-Publications, Inc. If the violation is willfully and knowingly committed, in which case 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. A separate file shall be maintained for each shipment. PDF Form FMC-18 OTI LICENSE APPLICATION WORKSHEET - FMC Agent firm, please identify the person/firm and explain the relationship, e.g. Choosing an item from existence for more than one year. (b) Certification required for compensation. applicant and complete the section C titled Name Change/License Transfer to Officers: Luis A. Marquez, President, (Qualifying Individual). supplemental pages. learn more about the process here. a minimum of three years experience in the ocean transportation intermediary (b) Rejection. surrendered, must complete Question No. A common carrier shall not pay compensation for the services described in paragraph (c) of this section more than once on the same shipment. and continue entering the information. Proof of the position of the qualifying individual within the company, such as corporate minutes appointing that individual as an officer of the company or other official documentation demonstrating the qualifying individual's position. FMC Regulations & Statutes - Federal Maritime Commission 1. Filing of proof of financial responsibility. (e) Other changes. 13. A foreign-based NVOCC that elects to obtain a license must establish a presence in the United States by opening an unincorporated office that is resident in the United States and is qualified to do business where it is located. (c) Reduced forwarding fees. Under FRP, what is the definition of a qualified individual? Officer: Matthew A. Keces, Sole Proprietor, (Qualifying Individual). The licensee may continue to operate as an ocean transportation intermediary while the Commission investigates the qualifications of the newly designated partner, member, manager, or officer. Licenses shall be issued for an initial period of not less than one year and not greater than four years as determined by the license number and published on the Commission website. An independently qualified applicant may be granted a separate license to carry on the business of providing ocean transportation intermediary services even though it is associated with, under common control with, or otherwise related to another ocean transportation intermediary through stock ownership or common directors or officers, if such applicant submits: A separate application and fee, and a valid instrument of financial responsibility in the form and amount prescribed under 515.21. 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. 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. 20573-0001. 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. A compliance audit starts with a letter of introduction that explains BEICs authority and purpose for conducting the audit. ____ [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. The individual wards, rotas and allied specialties will be allocated by the Medical and Surgical . applicable Parts completed. Qualifying Individual (QI) Replacement U.S. Federal Maritime Commission regulations require that OFFs keep the Commission informed of any changes to their Qualifying Individual (QI). Describe applicant's 515.11 Basic requirements for licensing; eligibility. information or personal data. business in the United States in order to be approved. (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. 41107-41109), that are not covered by the identified OTIs' individual insurance policy(ies), guaranty(ies) or surety bond(s). An applicant that previously held an OTI license that was revoked or View the most recent official publication: These links go to the official, published CFR, which is updated annually. 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. (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. (b) Operation after death of sole proprietor. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. If you are changing your existing corporations business structure do not 40901-40904), files with the Commission this Insurance Form as evidence of its financial responsibility and evidence of a financial rating for the Insurer 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 organization's letterhead or designated form, or, in the case of insurance 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. (202) 523-5843 before filing your application. 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. The QI program is a Medicare savings program. Legal Services - Foreign OTI Authorized to Service U.S. Trade 4 0 obj In the event of deletions to Appendix A, termination of coverage for such OTI(s) shall become effective 30 days after receipt of written notice by the Commission. Applicant and Guarantor agree to handle the processing and adjudication of claims by claimants under the Guaranty established herein in the United States, unless by mutual consent of all parties and claimants another country is agreed upon. licensed. The undersigned ____, as Principal and ____, as Surety do hereby agree that the existing Bond No. (b) Stationery and billing forms. Q-5000, Qualifying Individuals (QIs) - Texas (5) Change in the identity or status of the designated QI, except as described in paragraphs (b) and (c) of this section. Copies of these documents may be obtained from the FMCs Bureau of Such hearing shall be provided pursuant to the procedures contained in 515.17. (j) Prohibition. that apply. 41301-41302, 41305-41307(a)), and to the benefit of the Federal Maritime Commission for any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. (f) Registered NVOCCs must report in writing to BCL any changes, within 30 days of such changes, to: legal name(s) or trade name(s); principal place of business address (including telephone number, facsimile number); contact person and email address (including physical address if different from principal place of business); name of resident agent(s) (including physical address, mailing address, email address, telephone and facsimile number(s), and contact person) in the United States for receipt of service of judicial and administrative process (including subpoenas). %PDF-1.6 % 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. 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. 5. Hearing procedures governing denial, revocation, or suspension of OTI license. After age 65 you can use your health savings account for any expense, you'll simply pay ordinary income taxesjust like a 401 (k). 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. This content is from the eCFR and is authoritative but unofficial. Partnerships or similar entities must list the name of An official document supporting the legal name shall be 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. We recommend you directly contact the agency responsible for the content in question. If you answered in the affirmative, Welcome to Benefits.gov | Benefits.gov (e) A tariff shall not be published and NVOCC service shall not commence until the Commission receives valid proof of financial responsibility from the registrant and a Form FMC-1 has been submitted. Provide an 12. - Copy those files (fmc.key and fmc.csr) off the FMC. 41107-41109). (5) Failure to honor the licensee's financial obligations to the Commission. The underwriting Surety will promptly notify the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, in writing by mail or email (bcl@fmc.gov), of all claims made, lawsuits filed, judgments rendered, and payments made against this group bond. in the United States commerce as defined in 46 C.F.R.

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