17. (a) Form and amount. Identify any person If more than six (6) In any other instance where it is necessary to attach a supplemental 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. (2) Non-vessel-operating common carrier (NVOCC) means a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier. 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. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. Amend Title and/or Business Address. (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. 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. If the Commission denies the application, such denial is final and not subject to the hearing procedures described in 515.15 and 515.17. 41104(a)(11), unless the common carrier knew that such NVOCC or OFF was not in compliance with the applicable tariff or financial responsibility requirements. - Upload the signed certificate. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 46 U.S.C. 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 The term beneficial interest shall not include any obligation in favor of an ocean transportation intermediary arising solely by reason of the advance of out-of-pocket expenses incurred in dispatching a shipment. Hearing procedures governing denial, revocation, or suspension of OTI license. 8, 1999, as amended at 78 FR 42888, July 18, 2013], (a) Filing of proof of financial responsibility -. 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. (ii) Application for change to OTI license or license transfer as required by 515.20(a) and (b): Filing $125. Each receipt for cargo issued by a licensed freight forwarder shall be clearly identified as Receipt for Cargo and be readily distinguishable from a bill of lading. For an LLC, the names of the managers, members or officers, as applicable, may be published. The qualifying individual of one active licensee shall not also be designated as the qualifying individual of an applicant for another ocean transportation intermediary license, unless both entities are commonly owned or where one directly controls the other. Each forwarder shall retain evidence in its shipment files that the forwarder, in fact, has performed the required services enumerated on the certification. If the applicant structure, license transfer, name change, or addition of a trade name, See Part going to conduct OTI business through branch offices in the In witness whereof we have hereunto set our hands and seals on this ____________day of ____, 20____. Each applicant shall be investigated in accordance with 515.13. 40101-41309), or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. Each licensed or registered NVOCC and each licensed ocean freight forwarder shall maintain in an orderly and systematic manner, and keep current and correct, all records and books of account in connection with its OTI business. 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. 49 CFR 172.101 19. 8, 1999, as amended at 80 FR 68734, Nov. 5, 2015]. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. The Register contains details of all mediators who hold FMCA (qualified) status, plus those who have completed approved initial training and are working towards FMCA. discretion, undertake a supplementary investigation to determine the continued OTIs. Show the employment history of Identify three persons, 40101-41309) (Shipping Act). Principal's Agent for Service of Process (Required if Principal is not a U.S. of Page 10 pertaining to the distribution or possession of a controlled Any unreported change may delay the processing and investigation of the application and result in rejection, closing, or denial of the application. separately licensed. result, it may not include the most recent changes applied to the CFR. 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 . Under FRP, what is the definition of a qualified individual? Proof of firm's name, original and English translation. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 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. 515.19 Registration of foreign-based unlicensed NVOCC. parent (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. formatting. 9th Floor. (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. 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. a copy of the corporate minutes individual is submitting for consideration. (2) An ocean transportation intermediary must report branch offices to the Commission in Form FMC-18 or under the procedures in 515.20(e). 41301-41302, 41305-41307(a)), or any penalty assessed against the Principal pursuant to section 13 of the Shipping Act (46 U.S.C. Neither the Principal nor the Surety shall be liable for any transportation-related activities of the OTI(s) deleted from Appendix A that occur after the expiration of the 30-day period, but such termination shall not affect the liability of the Principal and Surety for any transportation-related activities of said OTI(s) occurring prior to the date when said termination becomes effective. BEIC then works with the OTI, its tariff publisher, and bonding company, as necessary, to assist the OTI in bringing its operations into compliance. (g) Response to requests of Commission. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 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). The Guarantor and/or Applicant specifically agree to file such written notice of cancellation. (1) If a person does not file a complaint with the Commission pursuant to section 11 of the Shipping Act (46 U.S.C. 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. completed. (b) To whom issued. Question 16 is an officer, director, partner, member, owner, stockholder, If 40901-40904) and this part. There is no fee for filing changes to pending The required OTI experience of the QI of a foreign-based NVOCC seeking to become licensed under this part (foreign-based licensed NVOCC) may be acquired in the U.S. or a foreign country with respect to shipments in the United States oceanborne foreign commerce. 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. Use a different letter for each qualifying individual (i.e., A5, will bring you to those results. When a group or association of ocean transportation intermediaries accepts liability for an ocean transportation intermediary's financial responsibility for such ocean transportation intermediary's transportation-related activities under the Act, the group or association of ocean transportation intermediaries shall file a group bond form, insurance form or guaranty form, clearly identifying each ocean transportation intermediary covered, before a covered ocean transportation intermediary may provide ocean transportation intermediary services. developer resources. 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. (d) Compensation pursuant to tariff provisions. ( 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. An entity that also provides OTI services in its own name and not on behalf of a licensed or registered OTI must be separately licensed under this part and must provide proof of its own financial responsibility and publish a tariff, if applicable. Such notices may include or attach other information relevant to the claim. All applications must contain a street address indicating the principal [80 FR 68736, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. 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. ALL (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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 515.2(i), During a routine compliance audit, BEIC may identify one or more areas of non-compliance with Commission regulations. (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. Assura (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). 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. information or personal data. Ocean Transportation Intermediary (OTI) Bond (Section 19, Shipping Act of 1984 (46 U.S.C. Apply Today To learn more about working at FMC, visit our Careers page. will bring you directly to the content. 1996, chap 292), and in accordance with No fee shall be charged for reporting such changes. The estimated average time is: Recordkeeping, 20 minutes; Learning about the form, 20 minutes; Preparing and sending the form to the FMC, 20 minutes. Cargo Modules LLC (NVO & OFF) 2510 West 237th Street, Suite 106 Torrance, CA 90505 Officers: Reto D. Kaufmann, Director of LAX, FMC License QI (QI) Maurin M. Semsch, Member Application Type: QI Change. 0 20573-0001. A common carrier or agent thereof which meets the requirements of this part may be licensed as an ocean freight forwarder to dispatch shipments moving on other than such carrier's own bills of lading subject to the provisions of 515.42(g). If more than one insurer joins in executing this document, that action constitutes joint and several liability on the part of the insurers. Check the box that applies. full text search results A qualifying individual must have at least three years of demonstrable OTI experience in the U.S. trades that can be confirmed by the FMC and, be an officer of the company. DPI Copyright & Disclaimer Home / Knowledge Center / Qualifying Individual (QI) no longer operate as a business provide dissolution papers. (d) Federal military and civilian household goods. States or abroad. execution. contact BCL any time during normal working hours (8:30 am - 5 pm, EST) by (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. 5. 40901-40904) and the rules and regulations, as amended, of the Federal Maritime Commission, which provide compensation for damages, reparations or penalties arising from the transportation-related activities of Insured, and made pursuant to the Shipping Act of 1984 (46 U.S.C. 40101-41309)) (Shipping Act). The QI must meet those requirements at the time a license is issued and must thereafter maintain the necessary character. Define Qualifying Individual. 41107-41109). 41107-41109). parent or holding company will have a beneficial interest in shipments moving (b) Filing of license application forms. Clarification on eligibility to be a Qualified Individual when partnerships are involved. 515.11 Basic requirements for licensing; eligibility. 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. This content is from the eCFR and may include recent changes applied to the CFR. 4. 40902 and this part; and. Check the [515.19(f) &515.20] These changes should be sent tooti@fmc.gov. (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. Such investigations may address: (a) The accuracy of the information submitted in the application; (b) The integrity and financial responsibility of the applicant; (c) The character of the applicant and its qualifying individual; and. Write your awesome label here. Figure 5: Modify Qualifying Individual How to Remove a Qualifying Individual 1. (b) Agents, employees, or branch offices of an ocean transportation intermediary. if this is an application for a license transfer, this question must be This person is called the FMC Qualifying Individual or "QI". A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. It is a violation of the Commission's regulations implementing the Shipping Act for a foreign-based unlicensed non-vessel-operating common carrier to provide NVOCC services in the U.S. foreign trade without a valid registration and an effective tariff. 41107-41109). Comments or questions about document content can not be answered by OFR staff. If the applicant is a corporation or partnership, the names of the officers or partners thereof may be published. Otherwise, the denial of the application will become effective and the applicant shall be so notified. indicate old name or transferor. We are also republishing a certification process pertaining to. (b) Notice. needed to respond to Parts B, D, or E, please photocopy the appropriate page 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. proof of legal name) and include the proper fee. 515.2(i) and 515.2(l), 515.11(a)). transferred from (transferor) and identify the company which will receive the

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