FMC-69 Ocean Transportation Intermediary Group Supplemental Cov

OMB No. 3072-0018
Expires 12/31/2023

Form FMC-69
FEDERAL MARITIME COMMISSION
Ocean Transportation Intermediary (OTI) Group Bond Form
Ocean Transportation Intermediary (OTI) Group Supplemental Coverage Bond Form
(Shipping Act of 1984 (46 U.S.C. 40101-41309)) (Shipping Act)

_______________________[indicate whether NVOCC or Freight Forwarder], as Principal
(hereinafter “Principal”), and _______________________ as Surety (hereinafter “Surety”) are
held and firmly bound unto the United States of America in the sum of $_____________ for the
payment of which sum we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally.
Whereas, (Principal) __________ operates as a group or association of OTIs in the waterborne
foreign commerce of the United States and pursuant to section 19 of the Shipping Act of 1984 (46
U.S.C. 40901-40904), files this bond with the Federal Maritime Commission;
Whereas, this group bond is written to ensure compliance by the OTIs, enumerated in Appendix
A of this bond, with section 19 of the Shipping Act (46 U.S.C. 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 group bond shall be available to pay any judgment obtained or
any settlement made pursuant to a claim under 46 CFR 515.23 for damages against such OTIs
arising from OTI transportation-related activities under the Shipping Act, or order for reparations
issued pursuant to section 11 of the Shipping Act (46 U.S.C. 41301-41302, 41305-41307(a)), or
any penalty assessed against one or more OTI members pursuant to section 13 of the Shipping Act
(46 U.S.C. 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.
Now, therefore, the conditions of this obligation are that the penalty amount of this bond shall be
available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR
515.23 against the OTIs enumerated in Appendix A of this bond for damages arising from any or
all of the identified OTIs' transportation-related activities under the Shipping Act (46 U.S.C.
40101-41309), or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C.
41301-41302, 41305-41307(a)), or any penalty assessed pursuant to section 13 of the Shipping
Act (46 U.S.C. 41107-41109), that are not covered by the identified OTIs' individual insurance
policy(ies), guaranty(ies) or surety bond(s).

This group bond shall inure to the benefit of any and all persons who have obtained a judgment or
made a settlement pursuant to a claim under 46 CFR 515.23 for damages against any or all of the
OTIs identified in Appendix A not covered by said OTIs' insurance policy(ies), guaranty(ies) or
surety bond(s) arising from said OTIs' transportation-related activities under the Shipping Act, or
order for reparation issued pursuant to section 11 of the Shipping Act, and to the benefit of the
Federal Maritime Commission for any penalty assessed against said OTIs pursuant to section 13
of the Shipping Act (46 U.S.C. 41107-41109). However, the bond shall not apply to shipments of
used household goods and personal effects for the account of the Department of Defense or the
account of federal civilian executive agencies shipping under the International Household Goods
Program administered by the General Services Administration.
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).
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.
This bond is effective the ___ day of __________, _____, and shall continue in effect until
discharged or terminated as herein provided. The Principal or the Surety may at any time terminate
this bond by mail or email ([email protected]) written notice to the Director, Bureau of Certification
and Licensing, Federal Maritime Commission, Washington, DC. 20573. Such termination shall
become effective thirty (30) days after receipt of said notice by the Commission. The Surety shall
not be liable for any transportation-related activities of the OTIs identified in Appendix A as
covered by 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 transportation-related activities occurring
prior to the date when said termination becomes effective.
The Principal or financial responsibility provider will promptly notify the underwriting Surety in
writing and the Director, Bureau of Certification and Licensing, Federal Maritime Commission,
Washington, DC. 20573, by mail or email ([email protected]), of any additions, deletions or changes
to the OTIs enumerated in Appendix A. In the event of additions to Appendix A, coverage will be
effective upon receipt of such notice, in writing, by the Commission at its office in Washington,

DC. In the event of deletions to Appendix A, termination of coverage for such OTI(s) shall become
effective 30 days after receipt of written notice by the Commission. Neither the Principal nor the
Surety shall be liable for any transportation-related activities of the OTI(s) deleted from Appendix
A that occur after the expiration of the 30-day period, but such termination shall not affect the
liability of the Principal and Surety for any transportation-related activities of said OTI(s)
occurring prior to the date when said termination becomes effective.
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
([email protected]), of all claims made, lawsuits filed, judgments rendered, and payments made
against this group bond.
Signed and sealed this ___ day of __________, _____,

(Please type name of signer under each signature).
________________________________________________
Individual Principal or Partner
________________________________________________
Business Address
________________________________________________
Individual Principal or Partner
________________________________________________
Business Address
________________________________________________
Individual Principal or Partner
________________________________________________
Business Address

________________________________________________

Trade Name, if Any
________________________________________________
Corporate Principal
_______________________________________________
Place of Incorporation
_______________________________________________
Trade Name, if Any
_______________________________________________
Business Address (Affix Corporate Seal)
_______________________________________________
By
_______________________________________________
Title
_______________________________________________
Principal's Agent for Service of Process (Required if Principal is not a U.S. Corporation)
_______________________________________________
Agent's Address
_______________________________________________
Corporate Surety
_______________________________________________
Business Address (Affix Corporate Seal)

_______________________________________________

By
_______________________________________________
Title
_______________________________________________

Form FMC-69
(Rev. 12/2015)