The CHAIRMAN. Will you get that information and put it in the record? Mr. JOHNSON. Yes, sir. (The following material was subsequently supplied for the record:) PURPOSE OF CERTIFICATION AND ASSURANCE 1. This Certification and Assurance is made to the United States Government for use in determining the eligibility of vessels listed in Annex 1 hereto to carry United States Government-sponsored cargoes. II VESSELS UNDER CONTROL OF CONTROLLING PARTY 1. Annex 1 hereto contains a true, correct and complete list of vessels currently under control of the Controlling Party, together with, in the case of vessels currently under charter or other contractual obligations requiring that such vessels call at Cuban ports or depriving the Controlling Party of the right to direct their movements, a true, correct and complete description of any contractual obligation with respect to each vessel listed, including the name and type of the vessel, owner, charterer, type of charter and trading limits, date of charter, and date of commencement and expiration of charter. As used herein, "control" shall include any means by which the movement or employment of vessels may be directed, including but not limited to ownership, charter, agency, management or operating agreement, or otherwise, either directly or indirectly. 2. None of the charterers listed in Annex 1 hereto are parties through which the vessels listed are or may be under control of the Controlling Party. 3. So long as it remains the policy of the United States Government to discourage trade with Cuba. (a) none of the vessels listed in Annex 1 hereto will henceforth be employed in the Cuba trade, except as provided in paragraph (b); and (b) vessels listed in Annex 1 hereto which are covered by contractual obligations, including charters, entered into prior to December 16, 1963, under which their employment in the Cuba trade may be required, shall be withdrawn from such trade at the earliest opportunity consistent with such contractual obligations. 4. The Controlling Party will exercise all rights it may have under charters or other contractual agreements, including the right to terminate or give notice of nonrenewal and the right to direct movement of vessels, to the end that such vessels cease calling at Cuba at the earliest possible time. III VESSELS CALLING AT CUBA 1. Annex 2 hereto contains a true, correct, and complete list of those vessels shown in Annex 1 that have called at a Cuban port on or after January 1, 1963, and the date and circumstances of each such call. 2. The United States Government will be notified of any vessels under the control of the Controlling Party which may hereafter call at a Cuban port by immediate communication to the United States Maritime Administration, including the date and circumstances of each such call, IV VESSELS COMING UNDER CONTROL OF THE CONTROLLING PARTY 1. So long as it remains the policy of the United States Government to discourage trade with Cuba, no vessel which may hereafter come under control of the Controlling Party or the other parties hereto will call at Cuban ports. 2. Annex 1 hereto shall be kept current by immediate communication to the United States Maritime Administration concerning the acquisition of control by the Controlling Party of any vessel not listed therein, or concerning the disposition by the Controlling Party of any vessel listed in Annex 1 or any amendment thereto. (Shipowner or Company Official) Consul of the duly commissioned Embassy or Consulate of the United States of America: Consul of the United States of America. The undersigned parties hereby authorize and approve the foregoing Certification and Assurance and agree to be parties thereto. By (Title : Embassy or Consulate of the United States of America: Subscribed and sworn to before me the United States of America at and qualified this. day of --) Consul of duly commissioned Mr. ROGERS. It would be most helpful. Is this done by State, or by Commerce? Mr. JOHNSON. It is done primarily by the State Department. I can't say that others don't participate in the decision. Mr. ROGERS. Thank you, Mr. Chairman. The CHAIRMAN. Mr. Murphy? Mr. MURPHY. On that blacklist, Mr. Secretary, how do these ships get on and off it? Mr. JOHNSON. Well, our general objective, of course, has been to prevent or eliminate free-world shipping from the Cuban trade. In this effort, one of the principal handicaps, as you know, has been the fact that many of the free-world shipowners have ships under long-term charter and, therefore, these ships are outside their control. The move in December to open up the possibility of ships getting off the blacklist was made in an effort to reduce still further the number of free-world ships that were engaged in the Cuban trade by making it possible for shipowners who had been caught in this long-term contract situation to get off the blacklist as soon as it became contractually possible for them to do so. I believe that, up to the present time, there have been somewhere between 25 and 30 ships that have been pulled out of the Cuban trade under this provision, and we feel that this is a step in the direction of our overall objective. Mr. ROGERS. Would the gentleman yield there? Mr. MURPHY. Surely. Mr. ROGERS. Just a question or two on that. It is strange to me that, after our proclamations saying that we would not allow those ships to come into our American ports to get cargo if they have been in the Cuban trade, the excuse has been, in allowing these ships to continue and yet still come in with other ships, that they were under long-term contract, but every month we get different named ships, so there seems to be no cutoff date as to when you would allow these long-term contracts to be in existence, and so they could carry on this trade and now with your new regulation all they have to do, when they are running out of cargo to bring from Cuba, or back from the Soviet Union, wherever it may be, is simply say, "Well, this particular ship we will take out of the Cuban trade and we will come over and pick up Government-generated cargo," and perhaps there is no reason why these same ships can't qualify for this Russian shipment and all the other ships can still continue, by the same line, to Cuba, whereas, before, your regulation was that the ship could not have come in unless all of those ships stopped. Isn't that true? Mr. JOHNSON. My understanding is that before this regulation there was really no way in which the ship could get off the blacklist. Mr. ROGERS. That is right. Mr. JOHNSON. I am sorry I don't have the regulation with me, but I believe that you will find that the regulation does have a cutoff. In other words, the date of the regulation was approximately December 16 or 17, something like that. Mr. ROGERS. 1963. Mr. JOHNSON. 1963. I don't think it would be possible for a shipowner to make a long-term contract now at this stage and subsequently be eligible to pull that ship off the blacklist. Mr. ROGERS. Thank you. Mr. MURPHY. When did you establish the blacklist? Mr. JOHNSON. I believe about a year ago, but that can be easily checked. Mr. MURPHY. Was it before the threatened quarantine, or after it? That was in October of 1962. Mr. JOHNSON. Yes. It was established, I think, very shortly after that, but I would have to check up on that. Mr. MURPHY. How long are these long-range charters that these companies entered into? Mr. JOHNSON. I am not really competent to testify on that. I understand they have varying terms and some of them may run for several years or more, but I am sure that the experts in the Maritime Administration would be able to give you much more accurate information on this. Mr. MURPHY. Mr. Chairman, could we have those terms, the items in the blacklist, just what they constitute, made a part of the record? Mr. DOWNING (presiding). Is the Secretary able to furnish that information? Mr. JOHNSON. I am not sure that I understand exactly what you have in mind. Mr. MURPHY. The regulations that effect the blacklist. Mr. JOHNSON. Yes, surely, we would be glad to supply them. Mr. DOWNING. Would you put them in the record when they become available? Mr. JOHNSON. Yes, sir. (The following material was subsequently supplied for the record :) DEPARTMENT OF COMMERCE, MARITIME ADMINISTRATION LIST OF FREE WORLD AND POLISH-FLAG VESSELS ARRIVING IN CUBA SINCE Section 1. The Maritime Administration is making available to the appropriate departments the following list of vessels which have arrived in Cuba since January 1, 1963, based on information received through January 17, 1964, exclusive of those vessels that called at Cuba on U.S. Government-approved noncommercial voyages and those listed in section 2. Pursuant to established U.S. Government policy, the listed vessels are ineligible to carry U.S. Government-financed cargoes from the United States. Cosmo Trader1 (trip to Cuba), under ex-name, Ivy Fair, British flag). 1, 491, 007 513, 770 6, 981 4, 664 7,300 9, 662 11, 149 9,089 7,524 11, 182 9, 149 7,868 8,813 7, 150 7,156 7,271 Dairen. East Breeze__. Fir Hill_‒‒‒. See footnotes at end of table, p. 137. 4, 939 8,708 7, 119 |