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pdfOMB NO. 3072-0018
(Expires 7/2007)
APPLICATION FOR A
LICENSE AS AN OCEAN
TRANSPORTATION INTERMEDIARY
FOR USE IN PREPARING
FORM
FMC-18
(Rev. May 19, 2003)
FEDERAL MARITIME
COMMISSION
PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE
General‐‐The information contained in this notice is required to be provided pursuant to Public Law 93‐579
(Privacy Act of 1974) 5 U.S.C. 552a, as amended, for individuals completing Form FMC‐18 Rev. ʺApplication For
A License as an Ocean Transportation Intermediary.ʺ
Authority‐‐Sections 15, 17, and 19 of the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act
of 1998 and the Coast Guard Authorization Act of 1998 (46 U.S.C. app. 1714, 1716 and 1718), and section 4 of the
Administrative Procedure Act (5 U.S.C. 553) authorize and direct the Federal Maritime Commission to make rules
and regulations affecting licensing, activities, obligations and responsibilities of ocean transportation
intermediaries engaged in carrying on the business of a transportation intermediary in oceanborne foreign
commerce of the United States. Pursuant to that authority, the Commission has published in 46 CFR Part 515,
regulations and forms to implement section 19 of the Shipping Act of 1984, as amended by the Ocean Shipping
Reform Act, with respect to the eligibility and procedure for licensing an ocean transportation intermediary. To
obtain a license pursuant to 46 CFR Part 515, the information required by Form FMC‐18 Rev. must be provided.
Principal Purpose ‐ The primary purpose for the information requested in Form FMC‐18 Rev., is to assist in
determining whether an applicant for a license as an ocean transportation intermediary meets the necessary
qualifications set forth in 46 CFR Part 515 to be eligible for such a license. After a license is granted, this
information is also needed for the purpose of monitoring the activities and status of licensees to ensure they are
in compliance with statutory requirements and Commission regulations.
Routine Use ‐ All of the information in Form FMC‐18 Rev. may be disclosed for routine use by the agency, as
provided in System of Records FMC‐7, 42 FR 48134. Where there is an indication of a violation, or potential
violation of law, or regulatory requirements, the Agency may also disclose information to the appropriate federal,
state or local Agencies.
Failure to Provide Required Information ‐ Applications that do not provide all of the applicable information
required on the Form FMC‐18 Rev. will not be processed by the Agency.
THE TIME IT TAKES TO PREPARE YOUR APPLICATION
According to the Paperwork Reduction Act of 1995, as amended, persons are not required to respond to a
collection of information unless it displays a valid OMB control number. The valid control number for this
information collection is 3072‐0018. The time required to complete this information collection is estimated to
average 1.5 hours per response, including the time to review instructions, research existing data resources, gather
the data needed, and complete and review the information collection.
Page I
FILING INFORMATION
I.
BEFORE PROCEEDING
You should familiarize yourself with the rules and regulations pertaining to ocean transportation
intermediaries (“OTI”). These rules and regulations are contained in section 19 of the Shipping Act of 1984, as
amended by the Ocean Shipping Reform Act of 1998 and the Coast Guard Authorization Act of 1998, and 46 C.F.R.
Part 515 of the Commissionʹs regulations that explains the Licensing and Financial Responsibility Requirements.
The section also explains the General Duties for OTIs. Copies of these documents may be obtained from the
FMC’s Bureau of Consumer Complaints and Licensing (“BCCL”) or can be found on the Commission’s website
www.fmc.gov.
Failure to comply with these rules and regulations may result in denial, revocation or suspension of an
ocean transportation intermediary license. Persons operating without the proper license may be subject to civil
penalties not to exceed $6,000 for each violation. If the violation is willfully and knowingly committed, in which
case the amount of the civil penalty may increase to $30,000 for each violation.
Where To Get Forms
You may obtain copies of the Form FMC‐18 and the related Surety Bond Form FMC‐48, at the
Commission’s website, www.fmc.gov, or by writing to the Federal Maritime Commission, Bureau of Consumer
Complaints and Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573‐0001. You may also telephone
BCCL, Office of Transportation Intermediaries, at (202) 523‐5843 or fax at (202) 566‐0011.
Where To Get Help
You may contact BCCL any time during normal working hours (8:30 am ‐ 5 pm, EST) by telephone at (202)
523‐5843 (Office of Transportation Intermediaries) or by fax at (202) 566‐0011.
II.
COMPLETING THE FORM
The Form FMC‐18, including any attachments, must be submitted in duplicate with all applicable Parts
completed. If a question within a Part is not applicable, write ʺN/Aʺ. Incomplete applications will be returned
without processing.
ALL APPLICATIONS REQUIRE THE COMPLETION OF PARTS A AND G. Other Parts of the FMC‐18
must be completed depending on the particulare transaction as follows:
Page II
Application for
Initial application for a license
License transfer
Business structure change
Name Change
Replacement or additional
qualifying individual
Addition of NVOCC or
OFF license
Addition or Removal of
Trade Name
Parts
A B D E F G
A B C E F G
A B E F G
A C G
A D E G
A F G
A C G
All Applications must be typed, no hand written submissions will be accepted. If additional space is
needed to respond to Parts B, D, or E, please photocopy the appropriate page and continue entering the
information. Clearly mark supplemental pages 1A, 2B, etc. In any other instance where it is necessary to attach
a supplemental sheet, please label the supplemental response to match the item number on the application, e.g.
Part B, Question No. 7.
PART A ‐ Name and Address
The complete legal name of the applicant must be shown in this section. If this is an application for a
name change or license transfer, please enter the name of the applicant and complete the section C titled Name
Change/License Transfer to indicate old name or transferor. A document supporting the legal business name
must be attached to the Form FMC‐18 with the initial application. Documentation is also required for
applications seeking approval of a change in business structure, license transfer, name change, or addition of a
trade name, See Part B. All applications must contain a street address indicating the principal place of business
(must be the physical address of applicant). Post office boxes are not acceptable as a business address, but may
be used for receipt of mail.
A license number should be provided only by those persons who are already licensed. An applicant that
previously held an OTI license that was revoked or surrendered, must complete Question No. 3, Part B.
Line By Line Instructions
PART B ‐ BUSINESS INFORMATION
1.
Check the appropriate box that applies to the applicant. For corporations, the Articles of Incorporation
and minutes of a meeting appointing officers (or other documentation that lists all appointed officers) must be
submitted with the application. A ʺCertificate of Good Standingʺ, issued within 6 months from the date of
application, is also needed for any corporation that has been in existence for more than one year. Documentation
supporting the use of a trade name must be submitted with an initial application or where the application seeks
a change in business structure, license transfer, or name change. For use of more than one trade name,
documentation is needed stating which name will be used with the Ocean Freight Forwarder (“OFF”) and Non‐
Vessel‐Operating Common Carrier (“NVOCC”) licenses.
Page III
2.
If the applicant is going to conduct OTI business through branch offices in the US or open up a US branch
office, this question must be answered in the affirmative and the number of branch offices indicated. If you
answered in the affirmative, complete Part F.
3.
If the applicant ever held a license as an ocean transportation intermediary (OFF or NVOCC), or if this
is an application for a license transfer, this question must be completed. (For license transfers, the information
will be that of the transferring licensee.)
4.
Describe applicantʹs current business activities, e.g. export shipper, steamship agent, air freight forwarder,
NVOCC, etc. If applicant is currently licensed as an ocean freight forwarder or an NVOCC, please include your
license and bond numbers.
5.
If applicant intends to share office space or is currently sharing space with another person or firm, please
identify the person/firm and explain the relationship, e.g. parent company, no affiliation‐paying rent, sister
company with common stock ownership, etc.
6.
Identify any person or entity (other than a bank or finance company) who is providing financial assistance
to the applicant including anyone who is providing collateral for the surety bond.
7.
Check all the boxes that apply. If the response to any question is yes, please attach an explanation.
PART C ‐ NAME CHANGE / LICENSE TRANSFER
8.
If you are changing the name of your existing company, the new name of the company should appear
here. If you are changing your existing corporation’s business structure do not fill out this section. An official
document supporting the legal name shall be attached to the Form FMC‐18. For corporations, an Amended
Articles of Incorporation is needed. For LLPs and LLCs, an Amended Partner Membership Agreement can be
used.
If you are changing your trade name or adding a trade name, you must attach the appropriate
documentation supporting that name (e.g. A Fictitious Name Statement). If you are deleting a trade name, clearly
specify the name being deleted.
If you are transferring a license, state the name of the existing company whose license is being transferred
from (“transferor”) and identify the company which will receive the license (“transferee”). State if all or part of
the company is being transferred (if only part is being transferred list the parts). Provide an explanation of the
business practices of both companies. If the transferor will no longer operate as a business provide dissolution
papers.
PART D ‐ QUALIFYING INDIVIDUAL
9.
Identify the name and title of the proposed qualifying individual for the applicant. Only the following
individuals may be a qualifying individual:
Page IV
Business Structure
Sole proprietor
Partnership
Corporation
Limited Liability Company
Qualifying Individual
Applicant
Active managing partner
Active corporate officer
Active partner or officer
If applicant is proposing more than one qualifying individual complete Part D for each individual. Use
a different letter for each qualifying individual (i.e., A5, A6, A7, B5, B6, B7, etc...).
10.
Check all the boxes that apply. If replacing a qualifying individual, list the name of the individual being
replaced.
11.
Check the box that applies. If the qualifying individual is a corporate officer or partner, attach
documentation that will verify that fact, e.g. a copy of the corporate minutes electing the qualifying individual
or the partnership agreement.
12.
Show the total number of years and months of ocean transportation intermediary experience that the
qualifying individual is submitting for consideration. 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.
(See 46 C.F.R. §§ 515.2(i) and 515.2(l), 515.11(a),.
13.
Check the boxes that apply. If the response to any question is yes, please attach an explanation.
14.
Show the employment history of the qualifying individual only as it relates to those jobs where
experience was gained in the ocean transportation intermediary business in U.S. foreign commerce. (Qualifying
Individuals for NVOCC’s not in the US may submit proof of OTI experience obtained outside the US.) To insure
that those work experiences qualify, it is suggested that you review 46 C.F.R. §§ 515.2(i) and (l) of the
Commissionʹs rules. Examples of work experience that are not considered acceptable include experience gained
overseas (import) as an ocean freight forwarder, or in air freight forwarding, custom house brokerage, or motor
freight forwarding.
15.
Identify three persons, unrelated to the qualifying individual or applicant, who can verify the duties
performed by the qualifying individual. The Commission may contact these persons to verify the information
set forth on the Form FMC‐18.
PART E ‐ OWNERSHIP AND AFFILIATIONS
16.
Sole proprietorships must show the name of the owner. Partnerships or similar entities must list the name
of the partners or members. Corporations must list the name and title of each officer, director, or stockholder and
the percentage of ownership.
17.
Identify whether applicant, qualifying individual, other officer, director, partner, member, stockholder,
parent or holding company will have a beneficial interest in shipments moving in the United States commerce
as defined in 46 C.F.R. §§ 515.2(b).
Page V
18.
Please list any organization or entity of any type whether in the United States or abroad that is affiliated
with the applicant. An affiliation is deemed to exist if any person listed in Question 16 is an officer, director,
partner, member, owner, stockholder, parent or holding company, or an employee of any other firm in the United
States or abroad. Indicate all entities of any type whether in the United States or abroad that is related to the
applicant in any other way (e.g., where the applicant holds stock in another entity).
Applicants that are members of large organization or are affiliated with international conglomerates must
submit a list of all subsidiaries and affiliations printed in the groupʹs annual report. Holding company’s identify
affiliations that are involved with foreign water borne commerce.
PART F ‐ BRANCH OFFICES
19.
Identify all US branch offices of the applicant that perform OTI services. Incorporated branch offices
must be separately licensed. If you need additional space, enter the information on supplemental pages.
If the applicant is an NVOCC not in the US, it needs to establish a qualifying office in the US. This office
is to be listed in Part F. Branch offices outside the US are not required to be listed.
PART G ‐ CERTIFICATIONS
20.
The Form FMC‐18 is not considered a valid application unless it is signed. The application must include
the title of the individual signing the application and the date of execution. Sole proprietors should also complete
the Certification at the top of Page 10 pertaining to the distribution or possession of a controlled substance.
Fees
Following is a list of the fees required to be submitted with various types of applications:
New license
License transfer
Business structure change
Name Change
Replacement or additional
qualifying individual
Addition of NVOCC or
OFF license
$ 825
525
525
525
525
525
All payments may be made by money order, certified check, cashierʹs check, or personal check made
payable to the “Federal Maritime Commission.” Please do not send cash. Failure to include the proper fee with
your application will cause it to be returned without processing. It should be noted that fees will not be returned
in any instance where the application has been processed in whole or part.
Page VI
Before Filing Your Application
Please check the application to make certain that all applicable parts have been completed and
all questions answered or noted ʺN/Aʺ within those Parts. Attach all supporting documentation (e.g. proof of
legal name) and include the proper fee. Should you have any questions, please call BCCL, Office of
Transportation Intermediaries at (202) 523‐5843 before filing your application.
Where To File
Mail or courier the completed application Form (FMC‐18) to the Federal Maritime Commission, Bureau
of Consumer Complaints and Licensing, 800 North Capitol Street N.W., Washington, D.C. 20573‐0001.
Change In Facts
Any change in the facts contained in the Form FMC‐18 must be reported to the Commission within 30
days of the change. If this is an initial application for a license, the change should be reported as soon as possible
to preclude any processing delay that may occur due to the change. There is no fee for filing changes to pending
applications.
III.
WHAT TO EXPECT
Generally, you can expect to receive notification that your application has been processed and a decision
made within 45 days from receipt of the application, assuming the application is complete and our investigation
does not reveal any circumstances that would preclude licensing. Incomplete applications will usually be
returned within a week. You can also expect the Commission to contact the references for qualifying
individual’s.
Proof of Financial Responsibility
The applicant must obtain proof of financial responsibility upon notification by the Commission that
the application for a license as an ocean transportation intermediary has been approved. A license will be issued
after the Commission has received acceptable proof of financial responsibility in the form and amount prescribed
in 46 C.F.R. § 515.21 of the Commissionʹs ocean transportation intermediary regulations. The name of the
principal on the proof of financial responsibility must match exactly the legal name of the applicant including
abbreviations and punctuation.
If more than six (6) months lapse between the date of notification of approval of an application and
receipt of the proof of financial responsibility, the Commission will, at its discretion, undertake a supplementary
investigation to determine the continued qualification of the applicant. The fee for such supplementary
investigation is $225. Should applicant fail to file the requisite proof of financial responsibility within two years
of the date of approval, the Commission will consider the application to be void.
File Type | application/pdf |
File Title | C:\Michelle\WEB PAGE DESIGN\NEW FMC 18 exp 7-07.wpd |
Author | mharris |
File Modified | 2005-08-17 |
File Created | 2005-08-17 |