After age 65 you can use your health savings account for any expense, you'll simply pay ordinary income taxesjust like a 401 (k). If the Commission denies the application, such denial is final and not subject to the hearing procedures described in 515.15 and 515.17. (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. 515.18 Application after revocation or denial. No license or registration shall remain in effect unless valid proof of a financial responsibility instrument is maintained on file with the Commission. (2) Any person in the United States advertising, holding oneself out, or acting as an NVOCC as defined in 515.2(m)(2) shall furnish evidence of financial responsibility in the amount of $75,000. Nomenclature changes to part 515 appear at 67 FR 39860, June 11, 2002, and 70 FR 7669, Feb. 15, 2005. (d) Registrations shall be effective for a period of three (3) years. Guarantor shall not be liable for payments of any of the damages, reparations or penalties hereinbefore described which arise as the result of any transportation-related activities of Applicant after the cancellation of the Guaranty, as herein provided, but such cancellation shall not affect the liability of the Guarantor for the payment of any such damages, reparations or penalties prior to the date such cancellation becomes effective. if this is an application for a license transfer, this question must be A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. writing to the Federal Maritime Commission, Bureau of Certification and typed, no hand written submissions will be accepted. of Incorporation and minutes of a meeting appointing officers (or other (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). 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. (c) Affiliates of intermediaries. Featured links. 13. applicable Parts completed. 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 notice of revocation or suspension will provide, in detail, a statement of the facts supporting the action. 8, 1999, as amended at 80 FR 68737, Nov. 5, 2015]. 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. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. The collection of this information is authorized generally by Section 19 of the Shipping Act of 1984 (46 U.S.C. (e) Common carrier means any person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that: (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination, and. How to Amend the Title/Business Address for an Existing Qualifying Individual 1. (a) Disclosure of principal. (j) Licensee is any person licensed by the Federal Maritime Commission as an ocean transportation intermediary. You are using an unsupported browser. Where more than one person operates under a common trade name, separate proof of financial responsibility is required covering each corporation or person separately providing ocean transportation intermediary services. . The qualified individual must: (1) assess the child's needs and strengths, using an age-appropriate, evidence-based, validated, functional assessment approved by the commissioner of human services; (2) determine whether the child's needs can be met by the child's family members or through placement in a family foster home; or, if not, determine . completed. 515.23 Claims against an ocean transportation intermediary. (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. 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. with the applicant. 2. Please complete the appropriate section below (8A or 8B). information or personal data. 41107-41109). (i) From the United States means oceanborne export commerce from the United States, its territories, or possessions, to foreign countries. The Commission will update this list on a periodic basis. (1) Grounds. that apply. Signed and sealed this ____ day of ____, ____. used with the Ocean Freight Forwarder (OFF) and Non-Vessel-Operating Common 41107-41109). mail. The total amount of aggregate coverage equals or exceeds $125,000. The Qualified Individuals (QI) program is a Medicare Savings Program (MSP) that pays for an enrollee's Medicare Part B premiums. A Qualifying Individual Group 1, or QI-1, is a low-income eligibility category under the Medicare Savings Program. (h) Express written authority. (See 46 C.F.R. Such hearing shall be provided pursuant to the procedures contained in 515.17. 40101 - 41309 Foreign Shipping Practices Act of 1988 - 46 U.S.C. 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. Such termination shall become effective thirty (30) days after receipt of said notice by the Commission. Corporations must list the name and title of each Any change in the facts (j) Prohibition. 41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping Act (46 U.S.C. members of large organization or are affiliated with international these rules and regulations may result in denial, revocation or suspension of 17. Upon receipt of notice of termination of such financial responsibility, the Commission shall notify the concerned licensee, registrant, or registrant's legal agent in the United States, by email, mail, courier, or other method reasonably calculated to provide actual notice, at its last known email address or address, that the Commission shall, without hearing or other proceeding, revoke the license or terminate the registration as of the termination date of the financial responsibility instrument, unless the licensee or registrant shall have submitted valid replacement proof of financial responsibility before such termination date. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. The liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall aggregate the penalty of this bond, and in no event shall the Surety's total obligation hereunder exceed the amount per member OTI set forth in 46 CFR 515.21, identified in Appendix A, or the amount per group or association of OTIs set forth in 46 CFR 515.21, regardless of the number of OTIs, claims or claimants. site when drafting amendatory language for Federal regulations: This part also prescribes the financial responsibility requirements and the duties and responsibilities of ocean transportation intermediaries, and regulations concerning practices of ocean transportation intermediaries with respect to common carriers. 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. At least one of the active managing partners, unless the partners are entities, such as corporations, in which case an officer, member, or manager of one of the entities as long as the entity is a general partner. Study with Quizlet and memorize flashcards containing terms like Type AC cable is permitted in, Listed FMC and LFMC shall contain an equipment grounding conductor if the raceway is installed for the reason of, Cable________ made and insulated by approved methods can be located within a cable tray provided they are accessible, and do not project above the side rails where the splices are . No OTI shall prepare or file or assist in the preparation or filing of any claim, affidavit, letter of indemnity, or other paper or document concerning an ocean transportation intermediary transaction which it has reason to believe is false or fraudulent, nor shall any such OTI knowingly impart to a principal, shipper, common carrier or other person, false information relative to any ocean transportation intermediary transaction. 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. 7. What is the definition of a qualified individual? This bond is effective the ____, day of ____,____ and shall continue in effect until discharged or terminated as herein provided. 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). The Surety shall not be liable for any transportation-related activities of 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 event occurring prior to the date when said termination becomes effective. These rules and regulations are contained in section 19 A qualifying individual must have at least three years of demonstrable OTI experience and, depending on the applicants business structure, be an officer of the applicants corporation, the sole proprietor of a sole proprietorship, the manager or member in (respectively) a manager-managed or member-managed LLC, or a partner in a partnership. 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. 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. 40901-40904), and the rules and regulations of the Federal Maritime Commission relating to evidence of financial responsibility for OTIs (46 CFR part 515), this guaranty shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Applicant arising from the Applicant's transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. or entity (other than a bank or finance company) who is providing financial It is highly (d) Commission means the Federal Maritime Commission. B. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. ( 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. 7. going to conduct OTI business through branch offices in the The Guarantor must certify 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 ocean transportation intermediary as specified under the Act. contained in the Form FMC-18 must be reported to the Commission within 30 days Pressing enter in the search box Charges for such forwarding services shall be assessed in conformance with the carrier's published tariffs. All application forms (FMC-18) are now filed electronically. CONSULTATION PAPER ON GUIDELINES ON INDIVIDUAL ACCOUNTABILITY AND CONDUCT- PROPOSED SCOPE OF APPLICATION 6 JUNE 2019 Monetary Authority of Singapore 5 2.3 As the underlying principles of clarity in individual responsibilities and proper conduct are applicable across the financial sector, in addition to the list of FIs set out under (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. 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. applications. commerce. An additional condition of this Bond is that $____ (payable in U.S. When a partnership, LLC, or corporation has been licensed on the basis of the qualifications of one or more of the partners, members, managers or officers thereof, and the QI no longer serves as a full-time employee with the OTI or is no longer responsible for the licensee's OTI activities, the licensee shall report such change to the Commission within thirty (30) days. This content is from the eCFR and is authoritative but unofficial. 8, 1999, unless otherwise noted. Bonds must be issued by a surety company found acceptable by the Secretary of the Treasury; (b) Insurance, by filing with the Commission evidence of insurance on Form FMC-67. (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. PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE .
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