Industry License Renewals
Triennial Status Report and Fee Customs Broker Triennial Status Report and Fee When is the status report due to Customs? Federal regulations specify that the triennial status report is due by February, every three years, starting from 1985; therefore, future triennial status reports will be due: 2015, 2018, 2021, etc. Is there a grace period for filing late? No, reports are accepted January 01 through February 28 of the year due. Licenses will be suspended on March 01st if not filed Where should report be filed To the director of the port who delivered the license to the broker Reports should NOT be filed with Headquarters and will be considered unfiled if received by HQ.
Triennial Status Report and Fee Customs Broker Triennial Status Report and Fee Individual Every license issued to an individual requires a status report and fee - $100.00 each No specific form is required – CBP provides a sample form Corporation A status report is required for every Corporation, Limited Liability company, Association or Partnership Each district must present a current employee list Regulations found in 19 CFR 111.30
IAC – Indirect Air Carrier Considered an Air Freight Forwarder Regulated by the Transportation Security Administration (TSA) Program considered sensitive secured information Maintains a current Indirect Air Carrier Standard Security Program (IACSSP) – Renewed annually Renew Security Threat Assessment (STA) within the TSA Portal every 5 years Update changed information within thirty days Pass spot inspection Regulations found in 49 CFR Part 1548
FMC - Federal Maritime Commission Regulates Ocean Transportation Intermediaries (OTIs) Regulations found in 46 CFR 515 Ocean Freight Forwarder A person that serves as an agent of the shipper to arrange ocean cargo transportation from the US and provides or processes the documentation incidental to the ocean shipment NVOCC (Non-Vessel Operating Common Carrier One that does not operate vessels, but provides carriage of international ocean cargo by issuing Bills of Lading for the move. The NVOCC is Carrier to the Cargo Owner and Shipper to the Master Carrier
FMC - Federal Maritime Commission Ocean Transportation Intermediary License ending in 1 = January 5 = May 8 = August 2 = February 6 = June 9 = September 3 = March 7 = July 0 = October 4 = April Second to last number 1-2-3 2017 2020 2023 4-5-6 2018 2021 2024 7-8-9-0 2019 2022 2025, etc.
FMCSA – Federal Motor Carrier Safety Administration Motor Carrier is assigned a USDOT number and is required to complete a biennial report even when nothing has changed Biennial Report due USDOT Number ends in 1=January, 2=February, 3=March……0=October USDOT Number next to last number is even = due even years; odd = due odd years Failure to file Deactivation of USDOT authority Penalties up to 1,000 per day, not to exceed 10,000 Regulations found in 49 CFR Parts 365 - 371
FMCSA – Federal Motor Carrier Safety Administration Motor Carrier of Property – Asset based carrier Provides carriage using self propelled vehicles - owned rented or leased Issues Bills of Lading Is assigned a USDOT number – required biennial report Is responsible for freight loss or damage Freight Forwarder – Domestic – non-asset based carrier Provides carriage with a FMCSA licensed carrier Is assigned an FF number - updates only when there are changes Broker of Property Arranges carriage with a FMCSA licensed carrier Does not issue bills of lading or take physical possession Is assigned a MC number - updates only when there are changes Not normally responsible for freight loss or damage
FMCSA – Federal Motor Carrier Safety Administration If you --------------- you might be a carrier have “too much control” over the inland move refer to carriers as your “partners” in marketing materials or on your website request that the carrier assign named drivers to your load identify yourself as the carrier on the bill of lading or allow the carrier to affix your name on the bill of lading instruct the driver to call the broker first if an incident occurs claim you have “control over all aspects of the operations”
THANK YOU
OCEAN FREIGHT FORWARDER & NVOCC LICENSE UPDATE SYSTEM NCBFAA Conference, April 4, 2017
Ocean Transportation Intermediaries (OTIs) License Updates WHO? All 4,823 licensed OTIs – Ocean Freight Forwarders and NVOCCs WHEN? Updated once every 3 years – date is based on your license number HOW? No Fee Online Notices from the FMC via email to the email address on file Approximately 150 license updates per month - phased-in over three years A licensee can designate a third party to complete the update on their behalf so long as the third party is an FMC Practitioner or an Attorney Email notification will be sent directly to the OTI. Tariff Publishers will also receive notifications for their NVOCC clients.
When is a license updated? Last & Next to Last Digits of the LICENSE NUMBER determine the month & year of update FMC License number ending in: Must file by last day of: 1 January 2 February 3 March 4 April 5 May 6 June 7 July 8 August 9 September October Next to Last Digit of FMC License Year of Update 1,2,3 2017 2020 2023 2026 2029 2032 2035 4.5.6 2018 2021 2024 2027 2030 2033 2036 7,8,9,0 2019 2022 2025 2028 2031 2034 2037 The OTI list found on the FMC website has the specific date for each license update. http://www2.fmc.gov/oti/
Ocean Freight Forwarders and NVOCCs LICENSE UPDATE SYSTEM STATUS The system was launched on March 2, 2017 NCBFAA Education Institute (NEI) webinar March 15, 2017 – available on the NCBFAA website Email addresses will be used for all FMC official notifications 148 Licensees received email notices on March 2 The first license was updated within 5 minutes 30 licenses were updated on during the first 3-days 55 licenses were updated during the first two weeks. 3 “error messages” encountered and resolved 2 undeliverable email notices – both resolved
Ocean Transportation Intermediaries (OTIs) Ocean Freight Forwarders and NVOCCs Messages will be sent to the primary email address on file until the license update is completed. 150 days prior to the license update deadline a “test message” is sent – about 10% of these messages are “undeliverable” 90, 60, 30, & 15 days prior to the license update deadline (to the OTI & Tariff Publisher) On the date of the license update deadline (to the OTI & Tariff Publisher) 15 days past the deadline (to the OTI & Tariff Publisher) 30 days past the deadline a notice of intent to revoke the license will be sent If you are not receiving these emails check your junk mail first – then contact the FMC at oti@fmc.gov or (202)523-5843
Ocean Transportation Intermediaries (OTIs) Ocean Freight Forwarders and NVOCCs The OTI email notification(s) will contain USERNAME PASSWORD LINK TO THE LICENSE UPDATE SYSTEM Upon receipt of this email message the OTI will be able to log on to the system. The update should be completed no later than the date shown on the FMC website. The OTI can designate a third party to complete the update.
Ocean Freight Forwarders and NVOCCs Not a License Update The License Update System will not process changes to the following: Legal Name Trade Name(s) – added, deleted, changed Qualifying Individual Business Structure – Corp, LLC, Sole Proprietorship Sole Proprietorship ownership The system will redirect you to the FMC18 application Over 10% of licensees contacted for an email address required the FMC18 application
MISSING INFORMATION?
Ocean Freight Forwarders and NVOCCs Missing information? The License Update System pulls information from multiple FMC databases Registered Persons Index (RPI) – manually updated by the FMC staff FMC1 (Tariff) – as electronically submitted by OTI FMC18 (License application) – as electronically submitted by OTI Some OTIs have never submitted electronic application(s) with the FMC The License Update System may not prepopulate the following: Branch Offices Officers Ownership To the best of my knowledge and belief, it is true, correct, and complete Please complete all sections
Ocean Freight Forwarders and NVOCCs Looking forward All notifications via email Self Service E-Bonds No more paper Character perfect bonds Address match Updating the OTI list on the FMC website Branch Offices Website link to each OTI Other suggestions?
QUESTIONS. oti@fmc. gov or (202)523-5843 cjohnson@fmc QUESTIONS? oti@fmc.gov or (202)523-5843 cjohnson@fmc.gov or (202)523-3960
SUPPLEMENTAL SLIDES IF TIME PERMITS / TO ANSWER QUESTIONS
User Name Link to System Password
External User – Email Notification For NVOCCs ONLY – the Tariff Publisher will receive notifications But no action can be taken by the publisher until designated by the OTI To: Tariff Publisher via email NAME OF OTI COMPANY 123 MAIN STREET CAPITAL CITY, CA 91234
External User Login Login User Name: Password: Reset Password Login - Form 18 OTI License Renewal Login User Name: Password: Reset Password For any questions contact us at OTI@fmc.gov or telephone #202-523-5843.
External User View with multiple entities The Status may be Current, Assigned, or Submitted Click on the OTI to be updated An external user, such as a third party filer or an entity with multiple licenses, will see all of “their” entities listed. Click on the entity to be processed.
External User – Initial Questions Legal Name / Qualifying Individual / Trade Names / Structure / Ownership If the answer is YES to any of these questions a “change application” is required before renewal A legal name change due to marriage or any other reason is not a change If any question is answered “yes”, click here and proceed to the change application If all questions are answered “no” Click here
External User Third Party Assignment CLICK ONE OF THESE TWO BOXES View or Edit License Renewal Request Third Party to Complete Renewal The OTI can view only before deciding to self renew or to assign to a third party, but once the third party is selected the renewal is locked to the OTI
External User Requesting a Third Party to complete the license update Request Third Party Complete Renewal Firm Name: Contact Name: Contact Email: Telephone Number: Your third party may already be preapproved for renewals. Ask your third party if they have an email address they normally use with FMC systems (i.e. FMC1, FMC18). If the email address associated with our systems is entered here the approval should be automatic.
External User - Email Notification Confirmation of Designation of Third Party OTI INC. OTIS SMITH, JR. 8062 CLOVER WAY GARDEN PARK, CA 90990
External User Notification received by Third Party
External User- Update View 1. Name of Corporation & 2 External User- Update View 1. Name of Corporation & 2. Trade Names CAN NOT BE UPDATED AS PART OF THE LICENSE UPDATE PROCESS These fields are “greyed out” and can not be updated. Changes to these fields require a “change application”
External User – Update View 3. Address / 4. Contact Person OTIS SMITH OTIS@OTISSHIPPING.COM WWW.OTISSHIPPING.COM The email address entered here will be used for all FMC official notifications and must be for the licensee NOT a third party.
External User – Update View 5. Mailing Address (if different) / 6 External User – Update View 5. Mailing Address (if different) / 6. Phone / 7. Business Type & TIN Sole Proprietorship LLC LLP Corporation Drop down selection
External User – Update View 8. Officers and Owners / 9 External User – Update View 8. Officers and Owners / 9. Affiliations / 10. Branch Offices ADD, EDIT, OR DELETE AN OFFICER, AFFILIATION, AND/OR BRANCH OFFICE
External User – Update View Certification Certification the information is correct Save Draft Submit Quit Leave without saving Save Work & Return later Ready to go
External User License Update Successfully Submitted
External User License Update Accepted
QUESTIONS. oti@fmc. gov or (202)523-5843 cjohnson@fmc QUESTIONS? oti@fmc.gov or (202)523-5843 cjohnson@fmc.gov or (202)523-3960