parent or holding company will have a beneficial interest in shipments moving 33 CFR 155.1026 - Qualified individual and alternate qualified <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The completed questionnaire and any supporting documents must be returned within 30 days. receipt of the proof of financial responsibility, the Commission will, at its (e) False or fraudulent claims, false information. 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. [64 FR 11171, Mar. here. 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 (c) Common trade name. (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. [80 FR 68731, Nov. 5, 2015, as amended at 85 FR 9683, Feb. 20, 2020]. 4. Submit electronically Form FMC-18: Application for a License as an Ocean Transportation Intermediary. (1) A licensee operating as an NVOCC and a freight forwarder, or a person related thereto, may collect compensation when, and only when, the following certification is made together with the certification required under paragraph (c) of this section: The undersigned certifies that neither it nor any related person has issued a bill of lading or otherwise undertaken common carrier responsibility as a non-vessel-operating common carrier for the ocean transportation of the shipment covered by this bill of lading. The Bureau of Enforcement, Investigation, and Compliance (BEIC) actively fosters industry compliance with theShipping Act and other statutes and regulations within the Commissions authority. (d) Acquisition of one or more additional licensees. The guaranty must provide coverage for damages, reparations or penalties arising from any transportation-related activities under the Act of the covered ocean transportation intermediary. 49 CFR 172.101 The Guarantor and/or Applicant specifically agree to file such written notice of cancellation. 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. Form FMC-18 (Rev. 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. We recommend you directly contact the agency responsible for the content in question. the qualifying individual is a corporate officer or partner, attach Each file shall include a copy of each document prepared, processed, or obtained by the licensee, including each invoice for any service arranged by the licensee and performed by others, with respect to such shipment. If more than six (6) (c) Notices of court and other claims against OTIs by financial responsibility providers. Any person serving the Secretary must also send to the ocean transportation intermediary, or group or association of ocean transportation intermediaries which provide financial coverage for the financial responsibilities of a member ocean transportation intermediary, by mail or courier service at the ocean transportation intermediary's, or group's, address published in its tariff, a copy of each document served upon the Secretary, and shall attest to that service at the time service is made upon the Secretary. (c) Has made any materially false or misleading statement to the Commission in connection with its application; then, a notice of intent to deny the application shall be sent to the applicant stating the reason(s) why the Commission intends to deny the application. 7. you can't claim him or her as a dependent not a qualifying person. [64 FR 11171, Mar. 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. Incomplete applications will be returned without processing. (13) Giving expert advice to exporters concerning letters of credit, other documents, licenses or inspections, or on problems germane to the cargoes' dispatch. If replacing a qualifying individual, list the name of the individual 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. What Does Qualifying Individual Group 1 Mean in Medicaid? The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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. must be attached to the Form FMC-18 with the initial application. business in the United States in order to be approved. Carrier (NVOCC) licenses. Qualified positions include: Staff RN Medical Technologist Medical Lab Technician Surgical First Assist Paramedic If you or someone you know wants to make a difference every day, complete an application or contact our Human Resources team at 740-687-8017. the fees required to be submitted with various types of applications: All payments may be made 41301-41302, 41305-41307(a)), or any penalty assessed against the Applicant pursuant to section 13 of the Shipping Act (46 U.S.C. is complete and our investigation does not reveal any circumstances that would Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. The experts in U.S. Federal Maritime regulations since 1975. The individual wards, rotas and allied specialties will be allocated by the Medical and Surgical . This is an automated process for members of large organization or are affiliated with international consider the application to be void. What You Should Know About a Bond of Qualifying Individual week. the Commission's regulations that explains the Licensing and Financial 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. QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. He or she need not be a shareholder of the company, but must be an officer and a full-time employee. (b) Certification required for compensation. Auditors and accredited bodies compliance requirements APPLICATION PROCESS FOR NON-U.S.-BASED NVOCCS THAT CHOOSES TO BE . parent or holding company, or an employee of any other firm in the United Failure of the applicant to submit the identified materials by the established date will result in the closing of its application without further processing. 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. No license or registration shall remain in effect unless valid proof of a financial responsibility instrument is maintained on file with the Commission. execution. 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. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: secretary@fmc.gov. (d) Common carrier. An official document supporting the legal name shall be electing the qualifying individual or the partnership agreement. Otherwise, the denial of the application will become effective and the applicant shall be so notified. 13. The effective date of this undertaking shall be ____ day of ____, ____, and shall continue in effect until discharged or terminated as herein provided. documentation that will verify that fact, e.g. Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. seeks a change in business structure, license transfer, or name change. 14. 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. Subpart D - Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission, Subpart E - Freight Forwarding Fees and Compensation. 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. There are three variants; a typed, drawn or uploaded signature. required to be listed. 8, 1999, as amended at 74 FR 50721, Oct. 1, 2009; 80 FR 68737, Nov. 5, 2015; 81 FR 4593, Jan. 27, 2016]. without processing. An additional condition of this Bond is that $ ______________(payable in U.S. (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. in the group's annual report. 2022 Distribution-Publications, Inc. All rights reserved. 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). no longer operate as a business provide dissolution papers. following individuals may be a qualifying individual: If applicant is 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 experience acquired in the U.S. or a foreign country with respect to shipments in the United States oceanborne foreign commerce. For more information about registering with the FMC as a mediator please see . Every NVOCC must employee at least one company officer as a Qualifying Individual (QI) for FMC licensing purposes. 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. - Copy those files (fmc.key and fmc.csr) off the FMC. . No licensed freight forwarder shall charge or collect compensation in the event the underlying common carrier, or its agent, has, at the request of such forwarder, performed any of the forwarding services set forth in 515.2(h), unless such carrier or agent is also a licensed freight forwarder, or unless no other licensed freight forwarder is willing and able to perform such services. Any change in the facts Apply for or make changes to a License or Request a Foreign 515.2 (i) and 515.2 (l), 515.11 (a)). Whereas, the Insurance is written to assure compliance by the Insured with section 19 of the Shipping Act (46 U.S.C. Ocean Transportation Intermediary (OTI) Bond (Section 19, Shipping Act of 1984 (46 U.S.C. 1240 0 obj <>stream punctuation. (c) Registrations are complete upon receipt of a registration form which meets the requirements of this section, evidence of financial responsibility pursuant to 515.21, and Form FMC-1 pursuant to 520.3.