Ask X3What does 49 CFR 387.321 (Operations in foreign commerce) require?
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According to 49 CFR 387.321, if you operate a motor carrier in the United States for transportation between places in a foreign country, or between a place in one foreign country and a place in another, you must file and have accepted by the FMCSA one of the following financial protections in the amounts listed in § 387.303(b):
* A certificate of insurance
* A surety bond
* Proof of qualifications as a self-insurer
* Other securities or agreements
Practical requirements for this financial security:
* Purpose: It must be conditioned to pay any final judgment against you for bodily injury, death, or property damage resulting from the negligent operation, maintenance, or use of your motor vehicles while that transportation takes place within the U.S.
* Maintenance: You must keep this security in effect at all times, and it is subject to the provisions of §§ 387.309 through 387.319.
* Insurance/Surety Company Qualifications: The insurance or surety company must be approved by the FMCSA and must be legally authorized to issue policies or bonds in at least one U.S. State or Canadian Province. Additionally, the company must file with the FMCSA the name and address of a process agent in every State you operate in or through.
Exemptions:
Private carriers and carriers operating under the partial exemption in 49 U.S.C. 13503 and 13506 are not considered "motor carriers" under this specific rule and do not have to meet these requirements.