Class 10: Any vessel (except a vessel constructed under the provisions of the Merchant Marine Act, 1936, as amended), not documented under the laws of the United States, acquired by or made available to the U. S. Maritime Commission under the Act of June 6, 1941, or otherwise. (See § 1.71.) (R.S. 161, secs. 2, 3, 23 Stat. 118, 119; 5 U.S.C. 22, 46 U.S.C. 2, 3) [As added by Order 123, June 7, 1941; 6 F.R. 2794]

NOTE: 1.3 (c) was amended by adding at the end thereof the above paragraph by Order 123, June 7, 1941; 6 F.R. 2794.

§ 1.18 Evidence as to marking official number, etc. (a) Marine documents will not be issued until proper evidence is produced that the official number and net tonnage have been marked upon the vessel's main beam, and that her name has been marked upon both sides of her bow and her name and hailing port have been marked upon her stern as required by law (Commerce Form 1322): Provided, however, That during the period when a state of war exists between the United States and any foreign nation, marine documents may be issued although the vessel's name has not been marked upon both sides of her bow and her name and hailing port have not been marked upon the stern, because of orders from the Army, Navy, or Maritime Commission. [As amended by Order 177, Dec. 12, 1941; 6 F.R. 6410]

(Port)

(Cause)

citizen of the owning and re

(District, county, or State) having been issued Naturalization Certificate No. -; and I also swear that all equip ments or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in any foreign country upon said vessel, within the year immediately preceding the date of this application, to wit, the day of 19___. have been duly reported and accounted for under the provisions of sections 3114 and 3115 R.S., as amended by the Tariff Act of 1930, and of section 4330 R.S., and the duties thereon have been duly paid.

Managing Owner or Agent.8 Subscribed and sworn to before me this day of 19____.

Deputy Collector of Customs.

1 See § 1.3 for means whereby vessel may become entitled to American registry. If the vessel falls within classes 4, 5, 6, or 7 of that section, the appropriate clause required by § 1.24 must be inserted here.

If vessel is owned by United States of America, delete "citizen of”, and “owning and residing as follows."

Insert name and address of each owner, and proportion owned by each. If incorporated company is part owner, write "incorporated under the laws of the State of

"

after the corporate name. If the vessel is owned by the United States of America, insert "as represented by", adding immediately thereafter the name of the department or agency concerned.

Strike out this section in case of licensed vessel of less than 20 tons.

5 Strike out this section in case of registered vessel, if master is within the district where registry is to be made, and in case of licensed or enrolled and licensed vessel.

Strike out if native-born citizen. Strike out this section in case of registered vessel.

If oath is by an agent, he must present a power of attorney from the owner or managing owner, duly authenticated, authorizing him to make such oath for the owner or managing owner.

(b) In the case of a vessel owned by a corporation the oath of ownership required for the registry, license, or enrollment and license of the vessel shall be in the following form:

that the president and managing directors of said corporation are citizens of the United States; that 75 per centum of the interest in said corporation is owned by citizens of the United States; that the title to 75 per centum of the stock of said corporation is vested in citizens of the United States free from any trust or fiduciary obligation in favor of any person not a citizen of the United States and that such proportion of the voting power of said corporation is vested in citizens of the United States; that through no contract or understanding is it so arranged that more than 25 per centum of the voting power of said corporation may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; that by no means whatsoever is the control of any interest in said corporation in excess of 25 per centum conferred upon or permitted to be exercised by any person who is not a citizen of the United States; " that no subject or citizen of any foreign prince or state is, directly or indirectly, by way of trust, confidence, or otherwise, interested therein, or in the profits or issues thereof; and that the present master is a citizen of the United States, having been born in (State or country) 1, and (Name of court)

(City) naturalized before the

on

(District, county, or State) 1, having been issued Naturalization Certificate No. ----; and I also swear that all equipments or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in any foreign country upon said vessel, within the year immediately preceding the date of this application, to wit, the day of 19----,

have been duly reported and accounted for under the provisions of sections 3114 and 3115 R. S., as amended by the Tariff Act of 1930, and of section 4330 R. S., and the duties thereon have been duly paid.

10

Subscribed and sworn to before me this day of 19___.

Deputy Collector of Customs.

1 Insert "President," "Secretary," "Treasurer," or "Agent" as the case may be.

2 Insert full corporate name of corporation. Insert business address of corporation. 4 See § 1.3 for means whereby vessel may

become entitled to American registry. If the vessel falls within classes 4, 5, 6, or 7 of that section, the appropriate clause required by § 1.24 must be inserted here.

Strike out this section if vessel is not to engage in coastwise trade.

Strike out this section in case of licensed vessel of less than 20 tons.

7 Strike out this section in case of registered vessel, if the master is within the district where registry is to be made, and in case of licensed or enrolled and licensed vessel.

8 Strike out if native-born citizen.

* Strike out this section in case of registered vessel.

10 The officer or agent of the corporation subscribing to this oath must present a written instrument, attested by the corporate seal, authorizing him to act in this behalf.

(c) If the vessel falls within classes 4, 5, 6, or 7 of § 1.3, there must be inserted, immediately after footnote 1 of the form of oath prescribed by paragraph (a) of this section and immediately after footnote 4 of the form of oath prescribed by paragraph (b) of this section, the appropriate clause set forth in subparagraphs (1), (2), (3), or (4) of this paragraph.

(1) If the vessel falls within class 4, the following clause must be inserted:

On the ______ day of -‒‒‒‒‒, 19--, captured in war by a citizen (or citizens) of the United States and lawfully condemned as prize by a decree, sentence, or judgment of the court of ---, an authenticated copy of which I now produce.

(2) If the vessel falls within class 5, the following clause must be inserted: Adjudged to be forfeited, for a breach of the laws of the United States, by a decree, sentence, or judgment of the court of an authenticated copy of which I now produce.

(3) If the vessel falls within class 6, the following clause must be inserted:

-

Formerly the purchased from the United States (or from an officer, naming him and his office).

(4) If the vessel falls within class 7, the following clause must be inserted:

Authorized to be documented by act of Congress and by the Director of the Bureau of Marine Inspection and Navigation by letter under date of an authenti

cated copy of which I now produce.

(d) The oath of master required for the registry of a vessel, if the master is within the district where the registry is to be made, or for the license or enrollment and license of a vessel shall be in the following form:

Deputy Collector of Customs.

1 Strike out if native-born citizen. 'Strike out this section in case of registered vessel.

Insert "coasting trade," "coasting trade and mackerel fishery," "whale fishery," "mackerel fishery," "cod fishery," "pleasure" (in case of a yacht), or "coasting and foreign trade" (in case of enrolled and licensed for foreign and coasting trade on the northern, northeastern, and northwestern frontiers, otherwise than by sea).

The oath prescribed by this paragraph shall not be used for renewals of licenses by endorsement.

(e) In order for the renewal of the license of a vessel, the master shall make oath in the following form:

2

county, or State) been issued Naturalization Certificate No. --; that the license, bearing No. and date of 1..., granted to said vessel by the Collector of Customs for the District of Port of shall not be used for any other vessel, or for any other employment than the or in any trade or business whereby the revenue of the United States may be defrauded; and that all equipments or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in any foreign country upon said vessel, within the year immediately preceding the date of this application, to wit, the day of

---------

19, have been duly re

Deputy Collector of Customs.

1 Strike out this section if native-born citizen.

2 Insert "coasting trade," "coasting trade and mackerel fishery," "whale fishery," "mackerel fishery," "cod fishery," "pleasure" (in case of a yacht), or "coasting and foreign trade" (in case of enrolled and licensed for foreign and coasting trade on the northern, northeastern, and northwestern frontiers, otherwise than by sea).

(R.S. 161; 5 U.S.C. 22) [As amended by Order 174, Dec. 4, 1941, effective Jan. 1, 1942; 6 F.R. 6272] ·

§ 1.27. Master's oath on licensing vessel. [Revoked]

NOTE: 1.27 was revoked by Order 174, Dec. 4, 1941, effective Jan. 1, 1942; 6 F.R. 6272.

§ 1.31 Renewal of license.

(e) When a license is presented for renewal, the master shall make oath in the form prescribed by § 1.24 (e). (R.S. 161; 5 U.S.C. 22) [As added by Order 174, Dec. 4, 1941, effective Jan. 1, 1942; 6 F.R. 6274]

§1.37 Exchange of documents.

(g) In order for the exchange of a register for an enrollment and license, or license, or for the exchange of an enrollment and license, or license for a register, the master shall make oath in the following form:

District of.... Port of..

I,

(Register or enrollment)

of

master of the vessel called the official No. ‒‒‒‒‒ of do swear that, according to the best of my knowledge and belief, the property of the said vessel remains the same as expressed in the thereof, granted by the Collector of Customs at the Port District of ------, State of on the day of 19, which I now deliver up: 'and I also swear that all equipments, or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in any foreign country upon said vessel, within the year immediately preceding the date of this application, to wit, the day of--. 19_, have been duly reported and accounted for under

Deputy Collector of Customs.

1 Strike out this section in case of vessel to be registered.

(R.S. 161; 5 U.S.C. 22) [As added by Order 174, Dec. 4, 1941, effective Jan. 1, 1942; 6 F.R. 6274]

§ 1.63 Application for award of number.

(e) During the period of the unlimited national emergency proclaimed by the President on May 27, 1941, the issuance of a certificate of award of number under the Numbering Act of June 7, 1918, as amended (46 U.S.C. 288), to a vessel the sale or transfer of which in whole or in part is subject to section 37 of the Shipping Act, 1916, as amended (46 U.S.C. 835), shall be governed by the following:

(1) Where such vessel has been, since May 27, 1941, sold or transferred in whole or in part without the approval of the U. S. Maritime Commission, no new certificate of award of number shall be issued. Such attempted sale or transfer is void and is not a change of ownership within the meaning of the Act of June 7, 1918, as amended. The original citizen owner may retain the certificate of award of number issued to the vessel in his name as owner. If the bill of sale on the reverse side of the certificate of award of number has been executed, such bill of sale should be cancelled by marking such bill of sale "Void". The following are not changes of ownership within the meaning of the Act of June 7, 1918, as amended:

(i) By a citizen to a person not a citizen of the United States.

(ii) By a citizen to a person not a citizen of the United States and then resold by such person to the same citizen.

(iii) By a citizen to a person not a citizen of the United States and then resold by such person to another citizen.

(iv) By a citizen to a person not a citizen of the United States and then resold

by such person to another person not a citizen of the United States.

(2) In cases of sale or transfer since May 27, 1941, with the approval of the U. S. Maritime Commission, the procedure outlined in paragraph (a) of this section shall be followed and, in addition, there shall be filed with the application for a certificate of award of number a certified copy of the transfer order of the U. S. Maritime Commission approving such sale or transfer. The collector shall endorse upon both the original and duplicate of the certificate of award of number the following:

Sale (or transfer) to non-citizen approved by U. S. Maritime Commission Transfer Order No.

----

dated

(Sec. 5, 40 Stat. 602, R.S. 161; 46 U.S.C. 288, 5 U.S.C. 22) [As added by Order 179, Dec. 16, 1941; 6 F.R. 6460]

AUTHORITY: §§ 1.70 to 1.86, inclusive, issued under sec. 5 (a), 55 Stat. 244, R.S. 161; 46 U.S.C. Chapter 27, 5 U.S.C. 22.

SOURCE: §§ 1.70 to 1.86, inclusive, contained in Order 123, Secretary of Commerce, June 7, 1941; 6 F.R. 2794.

§ 1.70 Customs ports at which documents may be issued under the Act of June 6, 1941. Documents authorized to be issued to vessels by the Act of June 6, 1941, may be issued at any port of documentation shown in § 1.1.

§ 1.71 Vessels entitled to documents under the Act of June 6, 1941. (a) The following vessels of 20 net tons and upward are entitled to be registered under the Act of June 6, 1941:

(1) Any vessel (except a vessel constructed under the provisions of the Merchant Marine Act, 1936, as amended), not documented under the laws of the United States, acquired by, or made available to the U. S. Maritime Commission under the Act of June 6, 1941, or otherwise.

(2) Vessels registered pursuant to this section shall not engage in the coastwise trade unless in possession of a valid unexpired permit to engage in that trade issued by the U. S. Maritime Commission under authority of section 5 (c) of the Act of June 6, 1941.

(b) The following vessels of 20 net tons and upward may be enrolled and licensed for the coasting trade under the Act of June 6, 1941:

(1) Any vessel entitled under the provisions of paragraph (a) of this section to be registered, provided a valid unexpired permit to engage in the coastwise trade, issued by the U. S. Maritime Commission under authority of section 5 (c) of the Act of June 6, 1941, is filed with the collector of customs to whom application for enrollment and license is made.

§ 1.72 Provisional registers under the Act of June 6, 1941. (a) Consular officers of the United States, the Collector of Customs of the Philippine Islands, the Captains of the Ports of Cristobal and Balboa, C. Z., and the Governor of Guam, are authorized to issue provisional certificates of registry to vessels abroad which have been acquired by or made available to the U. S Maritime Commission under the Act of June 6, 1941, or otherwise.

(b) Such provisional certificates shall entitle the vessel to the privilege of a vessel of the United States in trade with foreign countries or with the Philippine Islands, American Samoa, and the Island of Guam, until the expiration of six months from the date thereof or until ten days after the vessel's arrival in a port of the United States or until the effective date of an order of the Secretary of Commerce requiring its surrender, whichever may happen first, and no longer.

(c) Such provisional certificates shall be issued only after prior authorization from the Secretary of Commerce.

(d) A copy of every provisional certificate of registry issued under the Act of June 6, 1941, and this section, shall be forwarded immediately by the issuing officer to the Secretary of Commerce through the usual channels.

§ 1.73 Marine documents under the Act of June 6, 1941, classes. (a) Marine documents issued under authority of the Act of June 6, 1941, shall consist of certificates of registry and certificates of enrollment and license.

(b) All marine documents (except provisional registers) issued under authority of the Act of June 6, 1941, are permanent, whether granted to vessels at their home ports or at ports other than their home ports.