explanation. (a) Grounds. write "N/A". From the Qualifying Indiviuals screen . Attach all supporting It is important that a current email address is maintained on file with the Commission. US The FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR 112.20 (h) (i)). 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on shipments as an associate, correspondent, officer, employee, agent, or sub-agent of any person whose license has been revoked or suspended pursuant to 515.16, or registration terminated or suspended pursuant to 515.19(g); (2) Assist in the furtherance of any ocean transportation intermediary business of an OTI whose license has been revoked; (3) Share forwarding fees or freight compensation with any such person; or. of Page 10 pertaining to the distribution or possession of a controlled As a (ii) Only with respect to those commodities. 10. Maria A. Garcia, Secretary. (a) This part sets forth regulations providing for the licensing and registration as ocean transportation intermediaries of persons who wish to carry on the business of providing intermediary services, including the grounds and procedures for revocation and suspension of licenses and registrations. (a) Form and amount. Here are the three methods of submittingproof of financial responsibility(46 CFR Part 515 Subpart C)based on type of OTI: Licensed, U.S.-based NVOCCs and OFFsare required to submit proof of financial responsibility (most likely in the form of a surety bond), in the amount of $50,000 (for an ocean freight forwarder license) or $75,000 (for NVOCC license). trade name or adding a trade name, you must attach the appropriate No licensed freight forwarder, or employee thereof, shall accept compensation from a common carrier which is different from that specifically provided for in the carrier's effective tariff(s). For corporations, the Articles Such QI(s) must meet the applicable requirements set forth in 515.11(a) through (c). Such hearing shall be provided pursuant to the procedures contained in 515.17. The licensee may request a hearing on the proposed revocation or suspension by submitting to the Commission's Secretary, within twenty (20) days of the date of the notice, a statement of reasons why the license should not be revoked or suspended. 1/1.1 If applicant is currently licensed as an ocean freight 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. This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . FMC-18, including any attachments, must be submitted in duplicate with all (j) Prohibition. 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. The Commission has received OMB approval for this collection of information pursuant to the Paperwork Reduction Act of 1995, as amended. contained in the Form FMC-18 must be reported to the Commission within 30 days The term "qualifying individual" (QI) is added and defines QI as an individual who meets the Shipping Act's experience and character requirements. <> (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. complete Part F. 3. 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 bond. Incorporation is needed. The Federal Maritime Commission amends its regulations pertaining to the licensing requirements of ocean transportation intermediaries in accordance with the Shipping Act of 1984, as amended by The Ocean Shipping Reform Act of 1998. 2021. For corporations, an Amended Articles of The Guarantor's liability under this Guaranty in respect to any claimant shall not exceed the amount of the guaranty; and the aggregate amount of the Guarantor's liability under this Guaranty shall not exceed the amount per OTI set forth in 46 CFR 515.21, or the amount per group or association of OTIs set forth in 46 CFR 515.21 in aggregate. The financial responsibility provider shall pay such judgment for damages only to the extent they arise from the transportation-related activities of the ocean transportation intermediary, ordinarily within thirty (30) days, without requiring further evidence related to the validity of the claim; it may, however, inquire into the extent to which the judgment for damages arises from the ocean transportation intermediary's transportation-related activities. The Federal Maritime Commission FMC-18 [80 FR 68733, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. All applications must contain a street address indicating the principal endstream endobj startxref Pressing enter in the search box Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. 2. Jeannie Knudson. required to be listed. We recommend you directly contact the agency responsible for the content in question. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: secretary@fmc.gov. Check the boxes that apply. applicant and complete the section C titled Name Change/License Transfer to forwarder, NVOCC, etc. 155.1026 Qualified individual and alternate qualified individual. the hierarchy of the document. to include the proper fee with your application will cause it to be returned (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. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. 5 U.S.C. If gained in the ocean transportation intermediary business in U.S. foreign 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. (2) Partnership. The terms used in this part are defined as follows: (a) Act or Shipping Act means the Shipping Act of 1984, as amended. Any application which appears upon its face to be incomplete or to indicate that the applicant fails to meet the licensing requirements of the Act, or the Commission's regulations, may be rejected and a notice shall be sent to the applicant, together with an explanation of the reasons for rejection, and the filing fee shall be refunded in full. It should be noted that fees will not be returned in any If this is an place of business (must be the physical address of applicant). A license issued to a sole proprietor doing business under a trade name shall be in the name of the sole proprietor, indicating the trade name under which the licensee will be conducting business. (5) Failure to honor the licensee's financial obligations to the Commission. 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. 14. 16. (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. A person must be given the opportunity to choose which benefit they prefer . (a) Licenses. copies of the Form FMC-18 and the related Surety Bond Form FMC-48, at the (c) Use of license or registration by others; prohibition. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. (v) Transportation-related activities which are covered by the financial responsibility obtained pursuant to this part include, to the extent involved in the foreign commerce of the United States, any activity performed by an ocean transportation intermediary that is necessary or customary in the provision of transportation services to a customer, but are not limited to the following: (1) For an ocean transportation intermediary operating as an ocean freight forwarder, the freight forwarding services enumerated in paragraph (h) of this section, and. the fees required to be submitted with various types of applications: All payments may be made assistance to the applicant including anyone who is providing collateral for 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. involved with foreign water borne commerce. A "Certificate of Good Standing", issued within 6 months from the A common carrier, or agent thereof, may perform ocean freight forwarding services without a license only with respect to cargo carried under such carrier's own bill of lading. transferred from (transferor) and identify the company which will receive the 40901-40904) and this part. export shipper, steamship agent, air freight ever held a license as an ocean transportation intermediary (OFF or NVOCC), or Application Type: New OFF & NVO License. 2022 Distribution-Publications, Inc. All rights reserved. individual is submitting for consideration. supplemental pages. 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.