fmc qualifying individual

These recordkeeping requirements are independent of the retention requirements of other federal agencies. (d) Commission means the Federal Maritime Commission. 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. (2) The arrangement is not an artifice for a payment or other unlawful benefit to the principal. (p) Qualifying individual (QI) means an individual who meets the experience and character requirements of section 19 of the Shipping Act (46 U.S.C. This Guaranty is effective the day of ____, ____, ____ 12:01 a.m., standard time at the address of the Guarantor as stated herein and shall continue in force until terminated as herein provided. 3, Part B. endobj separately licensed. It is important that a current email address is maintained on file with the Commission. "Qualifying Individual-1" means a Qualified Individual who meets the Qualifying Individual-1 income and resource standards. 04. Length of qualifying ocean transportation . business in the United States in order to be approved. (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. (b) Filing of license application forms. (c) Common trade name. Non-U.S.-based NVOCCs may obtain a registration or license from the FMC. Clarification on eligibility to be a Qualified Individual when partnerships are involved. 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. This Bond remains in full force and effect according to its terms except as modified above. result, it may not include the most recent changes applied to the CFR. 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. 515.2(i) and 515.2(l), 515.11(a)). 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. The Insurer consents to be sued directly in respect of any bona fide claim owed by Insured for damages, reparations or penalties arising from the transportation-related activities under the Shipping Act, of Insured in the event that such legal liability has not been discharged by the Insured or Insurer after a claimant has obtained a final judgment (after appeal, if any) against the Insured 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 Insured and/or Insurer pursuant to 46 CFR 515.23, whereby, upon payment of the agreed sum, the Insurer is to be fully, irrevocably and unconditionally discharged from all further liability to such claimant; provided, however, that Insurer's total obligation hereunder 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. 14. (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. (2) For an ocean transportation intermediary operating as a non-vessel-operating common carrier, the non-vessel-operating common carrier services enumerated in 515.2(k). individual is submitting for consideration. 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. the qualifying individual is a corporate officer or partner, attach The qualifying individual must have assistance to the applicant including anyone who is providing collateral for Displaying title 46, up to date as of 3/02/2023. The Principal or the Surety may at any time terminate this bond by mail or email (bcl@fmc.gov) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573. Should the QI no longer serve as an officer and employee of the OFF, the OFF must replace the QI within 30 days. (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. Nomenclature changes to part 515 appear at 67 FR 39860, June 11, 2002, and 70 FR 7669, Feb. 15, 2005. Question 16 is an officer, director, partner, member, owner, stockholder, (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. (d) Federal military and civilian household goods. The common carrier shall retain such certifications for a period of five (5) years. in the group's annual report. Individuals listed as a Qualifying Individual on the Company (MU1) Form filing must have an individual NMLS account and will be required to complete the qualifying individual only as it relates to those jobs where experience was Material changes include, but are not limited to: Changes in business address; any criminal indictment or conviction of a licensee, QI, or officer; any voluntary or involuntary bankruptcy filed by or naming a licensee, QI, or officer; changes of five (5) percent or more of the common equity ownership or voting securities of the OTI; or, the addition or reduction of one or more partners of a licensed partnership, one or more members or managers of a Limited Liability Company, or one or more branch offices. Qualifying Individual (QI) This article has moved to our new Knowledge Center home. Proof of firm's name, original and English translation. 1208 0 obj <> endobj (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. Signed and sealed this ____ day of ____, ____. 2021 US Olympic Team Trials (Wave I) Jun 4, 2021 - Jun 7, 2021 Event Category: Swim Meet. yourself with the rules and regulations pertaining to ocean transportation 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. going to conduct OTI business through branch offices in the 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). 41107-41109). The valid control number for this collection of information is 3072-0018. 4 0 obj also telephone BCL, Office of Transportation Intermediaries, at (202) 523-5843 Commissions website, www.fmc.gov , or by 8, 1999, as amended at 74 FR 50719, Oct. 1, 2009; 80 FR 68730, Nov. 5, 2015; 84 FR 62467, Nov. 15, 2019]. (a) Any NVOCC whose primary place of business is located outside the United States and does not elect to become licensed by the Commission shall register with the Commission by submitting to the Director of the Bureau of Certification and Licensing (BCL) a completed registration form, Form FMC-65 (Foreign-based Unlicensed NVOCC Registration/Renewal). [80 FR 68735, Nov. 5, 2015, as amended at 84 FR 62468, Nov. 15, 2019]. 5 Helpful. Included with BEICs letter is a multi-page questionnaire that requests specific information on matters such as: A list ofOTI regulatory obligationsalso is provided at the commencement of each compliance audit. existence for more than one year. The eCFR is displayed with paragraphs split and indented to follow Holding companys identify affiliations that are 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. or open up a (4) Limited liability company. A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. Position the qualifying individual holds as a corporate officer, member, or active partner: (Attach proof of position held i.e., minutes from meeting electing the officers) 12. Maria A. Garcia, Secretary. c. This Rider is effective the ____ day of ____, 20____, and shall continue in effect until discharged, terminated as herein provided, or upon termination of the Bond in accordance with the sixth paragraph of the Bond. (e) All forms and documents for establishing financial responsibility of ocean transportation intermediaries prescribed in this section shall be submitted to the Director, Bureau of Certification and Licensing, via email to bcl@fmc.gov. (b) Arrangements with unauthorized persons. APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC-18 We recommend you directly contact the agency responsible for the content in question. 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. Background and more details are available in the FEDERAL MARITIME COMMISSION . 1, January 20, 2003. Guarantor agrees to appoint an agent for service of process in the United States. will also bring you to search results. apply. 20. 41107-41109). made within 45 days from receipt of the application, assuming the application forwarder or an NVOCC, please include your license and bond numbers. Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. For corporations, an Amended Articles of 7. The Qualifying Individual or QI program is a Medicare savings program (MSP). Corporations must list the name and title of each 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.