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§ 310.102

CONTRIBUTIONS

Receipt for contributions.

The immediate receiving person shall give proper receipt for all contributions. Receipts shall be prepared in duplicate, one copy for the contributor and the other copy to accompany the contribution. Contributions may be made by check. In such cases the check shall be made payable to the Treasurer of the United States.

§ 310.103 Accountability.

All contributions shall be forwarded to the Assistant Chief, Office of Maritime Training, Maritime Administration, Washington, D.C., for transmission to the Comptroller, Maritime Administration, for disposition in accordance with the following trust fund receipt and appropriation accounts prescribed by the Comptroller General of the United States

Sec.

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SUBCHAPTER I-[RESERVED]

SUBCHAPTER J-MISCELLANEOUS § 350.2 Authority.

PART 350-SEAMEN'S SERVICE AWARDS

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The Secretary of Commerce on December 14, 1956 delegated authority to the Maritime Administrator, Maritime Administration, to exercise the functions vested in the Secretary of Commerce under sections 2 and 5(b) of Public Law 759, 84th Congress.

§ 350.3 Korean Service Bar.

A red, white, and blue umbra silk ribbon bar, one and three-eighths inches long by one-half inch wide may be issued, in accordance with the procedure set forth in § 350.4, to each master, officer, or member of the crew of any United States ship who, between June 30, 1950 and September 30, 1953, served in the waters adjacent to Korea, within the following bounds:

From a point at latitude 39°30′ N., longitude 122°45' E.; southward to latitude 33° N., longitude 122°45′ E.; thence eastward to latitude 33° N., longitude 127°55′ E.; thence northeastward to latitude 37°05' N., longitude 133° E.; thence northward to latitude 40°40′ N., longitude 133° E.; thence northwestward to a point on the east coast of Korea at the juncture of Korea with the U. S. S. R.

§ 350.4 Procedure for purchase.

Application for the Korean Service ribbon shall be made to the Seafarer Relations Branch, Division of Manpower Development, Maritime Administration, Department of Commerce, Washington, D.C. 20235. Such application should include seaman's name, his license or identification number, the name or names of ships on which he served, dates of service, and his mailing address. If found to be eligible, an Authorization Card will be supplied to the applicant whereby he may purchase the Korean Service Bar from the only duly certified distributor, Harry Sadow, Inc., 20 Vesey Street, New York, N.Y. 10007, at a cost of 65 cents. Replacement may be obtained in the same manner if bar is lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the owner.

[G.O. 81, Amdt. 4, 32 F.R. 9224, June 29, 1967]

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(a) The following ribbon bars, previously issued for service in the U.S. Merchant Marine during World War II, pursuant to earlier Acts of Congress and Executive orders, now repealed, may be replaced, if bar is lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the owner, at a cost of 65 cents per ribbon bar by presenting to Harry Sadow, Inc., either in person or by mail, the appropriate Authorization Card presently in the applicant's possession:

Atlantic War Zone Bar.
Pacific War Zone Bar.
Mediterranean-Middle East War Zone Bar.
Combat Bar.
Defense Bar.
Victory Medal Bar.

If Authorization Cards are lost or destroyed, replacements thereof may be obtained upon application to the Seafarer Relations Branch, Division of Manpower Development, Maritime Administration, Department of Commerce, Washington, D.C. 20235.

(b) The following decorations may be replaced at cost upon application to the Seafarer Relations Branch, Division of Manpower Development, Maritime Administration, Washington, D.C. 20235:

86-102-68-31

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(a) Under section 2, Shipping Act, 1916, as amended, and section 905 (c), Merchant Marine Act, 1936, as amended, no corporation is deemed a citizen of the United States unless it is organized under the laws of the United States or of a State, Territory, District, or possession thereof; its president or other chief executive officer and the chairman of its board of directors are citizens of the United States and no more of its directors than a minority of the number necessary to constitute a quorum are noncitizens (except that in case of corporations under Title VI of the Merchant Marine Act, 1936, as amended, all directors must be citizens of the United States) and the controlling interest therein is owned by citizens of the United States (or, in the case of a corporation operating any vessel in the coastwise trade, on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States, 75 percent of the interest in such corporation is owned by citizens of the United States).

(b) To satisfy the statutory requirements, an Affidavit of Citizenship of a corporate applicant, by one of its officers duly authorized to execute such affidavit, should be submitted. This affidavit should contain facts from which the corporation's citizenship can be determined. The mere allegations that the corporation is a citizen of the United States, and that the required percentage is owned by citizens of the United States, without the submission of appropriate documentary evidence to substantiate and corroborate such allegations, are not sufficient.

§ 355.2 Requirements regarding evidence of United States citizenship. The information for inclusion in the affidavits and the documentary evidence in substantiation thereof are as follows:

(a) Proof of domestic incorporation The affidavit, among other things, should contain the following:

(1) The exact name of the company; (2) Its principal place of business; and

(3) The laws under which the corporation was organized and the date of organization.

A copy of the articles or certificate of incorporation and all amendments thereto, certified by the Secretary of the State where corporation was organized is required as proof of place of incorporation; the By-Laws of the corporation, certified by the Secretary of such corporation is required to be filed along with the aforementioned articles or certificate and the affidavit of citizenship; later amendments to the articles or certificates of incorporation and ByLaws should be filed promptly.

(b) Proof that the president or other chief executive officer, vice presidents or other individuals who are authorized to act in the absence or disability of the president or other chief executive officer, the chairman of the board of directors, and the required number of directors are citizens of the United States. Evidence should be submitted in proof of the United States citizenship of persons in the capacities enumerated. In the case of corporations receiving operatingdifferential subsidy, under Title VI of the Act, all directors thereof must be United States citizens. In case of other corporate applicants, it must be shown that no more than a minority of the number of directors necessary to constitute a quorum are non-citizens.

(See

Public Law 86-327, Sept. 21, 1959.) Such evidence should include name, address, date and place of birth, nationality, and if citizens of the United States, whether by birth, naturalization, or other basis.

(1) Birth in the United States. Evidence of birth in the United States, in the order of its conclusiveness, may be given as follows:

(i) Authenticated birth certificate; or (ii) Authenticated baptismal certificate, showing baptism shortly after birth; or

(iii) Two affidavits of persons having personal knowledge of the time and place of birth, stating clearly facts from which affiants acquired such knowledge. Affiants may include father, mother, attending physician or midwife, uncle, aunt, older brother, older sister, or close family friend; or

(iv) Photostatic copy of entry in "Family Bible" with certification that it is taken from the "Family Bible"; or

(v) Affidavit of person whose citizenship is involved, stating the date and place of his birth, the source of his knowledge, the nonavailability of proof mentioned in subdivisions (i) to (iv) of this subparagraph, together with reference as to source where proof of his birth may be of record; i.e., Army or Navy records. Civil Service employment records, census records, etc.

(2) Naturalization. Evidence of naturalization is obtainable from the Department of Justice, Immigration and Naturalization Service. This evidence is available to the Administration, provided the person whose citizenship is involved submits the date, place and the name of the court before which he was naturalized. Such person should also execute an affidavit showing dates and places of residence since naturalization.

(3) Citizenship by naturalization while a minor. Any person alleging United States citizenship by virtue of the naturalization of a parent during his or her minority should obtain a certificate of citizenship from the Immigration and Naturalization Service, Department of Justice, which is available at any of its offices, by application therefor on Form N-600 (8 CFR Part 341). This certificate may be presented to the Office of General Counsel, Maritime Administration, Washington, D.C., for sighting and record, or in lieu thereof, the number and date of the certificate together with the place of issue thereof by the Immigration and Naturalization Service

should be submitted, which data shall be subject to verification by said Service through inquiry by the Maritime Administration.

(4) Birth abroad of American parents. Any person alleging United States citizenship by virtue of being born outside of the United States of American parents, should obtain a certificate of citizenship from the Immigration and Naturalization Service, Department of Justice, which is available at any of its offices, by application therefor on Form N-600 (8 CFR Part 341). This certificate may be presented to the Office of General Counsel, Maritime Administration, Washington, D.C., for sighting and record, or in lieu thereof, the number and date of the certificate together with the place of issue thereof by the Immigration and Naturalization Service should be submitted, which data shall be subject to verification by said Service through inquiry by the Maritime Administration.

(5) Married women. If United States citizenship on behalf of a married woman is alleged by virtue of marriage to an American citizen prior to September 22, 1922, there should be submitted:

(i) An authenticated copy of the marriage certificate, and

(ii) Proof of the United States citizenship of the husband. An affidavit should be submitted setting forth what changes, if any, have occurred in the marital status since marriage.

In all other cases, the United States citizenship of a married woman must be established as hereinbefore indicated.

(6) In the event that satisfactory documentary evidence to establish the United States citizenship of individuals named has been filled with the Department of State in connection with the issuance of an American passport, a reference thereto will be sufficient. The individual's full name, date and place of birth, and the date, place of issuance, and the number of the passport should be given.

(c) Proof that required interest in corporation is owned by citizens of the United States. The affidavit of citizenship should include a statement of the total number of issued and outstanding shares of all classes of stock, together with a showing as to the voting rights of each class. The required ownership percentage may be shown by one of two methods; namely:

(1) Individual stockholders. In the case of a corporation relying on individual stockholders, including natural persons, associations, partnerships, and corporations, the citizenship of natural persons involved should be established in the same manner and as fully as that of the aforementioned officers and directors; the citizenship of associations, partnerships, and corporations involved should be established in the same manner and as fully as that of an applicant association, partnership or corporation.

(2) Fair inference from residence of stockholders. In the case of a corporation having to rely on more than thirty (30) stockholders, a fair inference can be made that the required ownership and voting interest is vested in citizens of the United States, if it is established by the stock ledger of the corporation or the records of the registrar or transfer agent that 65 percent or more, in the case of a corporation operating any vessel in the foreign trade (or in the case of a corporation operating any vessel in the coastwise trade, on the Great Lakes, or on bays, sounds, rivers, harbors or inland lakes of the United States, 95 percent or more), of the stock is owned by persons whose addresses are within the United States. The statement should include the number of shareholders who have given addresses in the United States, the number of shares of stock they own and the exact percentage that these shares are of the total issued and outstanding shares of stock. The same statement should be made for each class of stock, showing the voting rights thereof. The submission of these data to the Administration furnishes a basis from which a fair inference can be made (in the discretion of the Maritime Administrator) that since a very large proportion of the total stock and voting stock is in the hands of stockholders residing within the United States, the required percentage of ownership is in citizens of the United States. (See Collier Advertising Service, Inc. v. Hudson River Day Line, 14 Fed. Supp. 335.) If the fair inference rule is applied, the name of any stockholder owning five per centum (5 percent) or more of the total number of shares of stock of each class, if more than one, should be given and proof of United States citizenship submitted therefor. The statement should also set forth that of the shares of stock relied upon to establish that the required

ownership and voting interest is vested in citizens of the United States, none is:

(1) The subject of any trust or fiduciary obligation in favor of any person not a citizen of the United States; or (ii) Subject to a contract or understanding or other arrangement whereby the voting powers may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or

(iii) By any other means whatsoever, subject to control by any person who is not a citizen of the United States.

(3) If it is not possible to comply with the foregoing the facts should be fully disclosed and special instructions obtained.

(4) Annual filing of data to evidence continuing United States citizenship is required. Mortgagors under mortgages insured pursuant to Title XI, Merchant Marine Act, 1936, as amended, are required to file such data in accordance with the terms of the mortgage.

(5) Lenders and/or mortgagees as participants in Title XI (1936 Act) transactions are required, under the mortgage documents executed, to file evidence of continuing United States citizenship.

(6) Nominee stockholders (partnership or corporate) and said lenders and/or mortgagees may obtain form of proof to be submitted from the Office of General Counsel, Maritime Administration.

[G.O. 89, 25 F.R. 5293, June 14, 1960, as amended by G.O. 89, Amdt. 1, 30 F.R. 5901, Apr. 28, 1965]

§ 355.3 Form of affidavit.

The following form of affidavit is prescribed for execution in establishing the United States citizenship of corporations applying for benefits under the Merchant Marine Act, 1936, as amended:

AFFIDAVIT OF UNITED STATES CITIZENSHIP State of

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nate by number) of the Merchant Marine Act, 1936, as amended;

That the information hereinafter set forth in this affidavit is given for the purpose of establishing the United States citizenship of said (Name of corporation) and is made and submitted as a part of the application for (Type of benefit applied for) as aforesaid;

That (Name of corporation) is a corporation organized and existing under and by virtue of the laws of the State (or Commonwealth) of with its principal

executive office and place of business located at (Number, Street, City, and State), and that, as proof of its incorporation under the laws of the State (or Commonwealth) of there are attached hereto a certified copy of the Certificate or Articles of Incorporation, together with certified copy of corporate By-Laws, and amendments, if any;

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That the following persons are the President or other Chief Executive Officer, Vice Presidents or other individuals who are authorized to act in the absence or disability of the President or other Chief Executive Officer, Chairman of the Board of Directors and Directors of said (Name of corporation), the applicant:

Name; Office; Place and Date of Birth John Doe, President-Director, New York, N.Y., 1-18-1897.

Richard Roe, Secretary-Treasurer-Director, London, England, 3-12-1901.

(The foregoing list should include the officers, whether or not they are also directors, and all directors, whether or not they are also officers. In the case of corporations, other than those under Title VI of the Act, any alien directors should be named and followed by a statement that under the corporate By-laws------directors are necessary to constitute a quorum and that no more than a minority of the number of directors necessary to constitute a quorum are noncitizens.)

That John Doe is a citizen of the United States by virtue of his birth in the United States as shown in certified copy of birth certificate herewith (if a birth certificate is not available, give other acceptable proof as set forth in § 355.1(b); if passport data are given state the individual's full name and the number, date and place of issue of the passport; passports may be presented to the Office of General Counsel for sighting);

That Richard Roe is a citizen of the United States by virtue of his naturalization; give the Certificate of Naturalization number, date of issue and name and location of the court issuing said Certificate; naturalization certificates may be presented to the Office of General Counsel for sighting; the naturalized citizen should furnish an affidavit setting forth the places and dates of his residence since becoming a naturalized citizen;

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