directors of said corporation are citizens of the United States of America, **except alien directors which represent a minority of the number of directors necessary to constitute a quorum as provided under Public Law 86-327, 73 Stat. 597, September 21, 1959; that' the controlling interest (or) seventy-five (75) per centum of the interest in said corporation is owned by citizens of the United States of America; that the title to a majority of the stock (or) seventy-five per centum of the stock of said corporation is vested in citizens of the United States of America free from any trust or fiduciary obligation in favor of any person not a citizen of the United States of America, 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 the majority of the voting power (or)' more than twenty-five (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

This declaration is to be taken whenever any bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part thereof, or interest therein, is presented by a corporation to any collector of customs for recording.

**The "except" clause shall be deleted when this declaration is executed in behalf of corporations under Title VI, Merchant Marine Act, 1936, as amended.

This date must be within 30 days of date of declaration.

The exact figure as disclosed by the stock books of the company must be given and the per centum figure must be not less than 65 per centum, except for an owner operating the vessel in the coastwise trade the per centum figure must be not less than 90 per centum.

1 Insert "President," "Secretary," or "Treasurer," or any other duly authorized official thereof, as the case may be.

2 Insert full corporate name of company. Insert business address of corporation. • Strike out word or expression appropriate.

not

5 Insert other means whereby vessel became entitled to American registry, when appropriate.

I.e., document now surrendered, or document last surrendered heretofore (46 U.S.C. 808).

7 Strike out reference to naturalization if party is native-born citizen. If more than one vessel is involved, only one form of declaration need be filed if by a notation inserted in the clause immediately prior to the clause about the citizenship of declarant, appropriate reference is made to a schedule added to said declaration, in which schedule shall be inserted the name and date of each additional vessel as required for the first vessel, owned by or under mortgage to the party on behalf of whom said declaration is made.

(Explanatory clause prescribed by Maritime Administration for execution and attachment as and when desired by party making declaration on behalf of corporate owner or mortgagee of vessel on form (MA4557) prescribed by Maritime Administration pursuant to section 40 of the Shipping Act, 1916, as amended.)

The basis for the statements of facts above recited with respect to the stock ownership and control of voting power of the company, is as follows:

(1) The stock books of the company show that on ". 19, b per centum of the outstanding stock of the company was owned of record by persons whose addresses on the stock books of the company are in the United States; (2) I know of no substantial change in such percentage since that date; and (3) investigation has failed to disclose the existence of facts or relationships with respect to voting power and control contrary to those above recited.

therein, is owned by one individual, not in partnership, joint ownership, or an unincorporated company or an association. If more than one vessel is involved, only one form of declaration need be filed if by a notation inserted in the clause immediately prior to the clause about the citizenship of declarant, appropriate reference is made to a schedule added to said declaration in which schedule shall be inserted the name and data of each additional vessel as required for the first vessel, owned by or under mortgage to the party on behalf of whom said declaration is made.

1 Strike out words not appropriate. 'Insert other means whereby vessel became entitled to American registry, when appropriate.

virtue of my naturalization before the

(District, county, or State) (Date naturalized) having been issued Naturalization Certificate No. ---; that said copartnership1 (or) unincorporated company (or) association is composed of partners (or)

(Number)

1

members; that each partner (or) member of said firm, copartnership, unincorporated company, or association 1 is a citizen of the United States; that through no contract or understanding is it so arranged that the controlling interest 1 (or) more than twenty-five (25) per centum of the control of or interest in said vessel is vested in, conferred upon, or permitted to be exercised by, any person who is not a citizen of the United States.

(Signature)

If more than one vessel is involved, only one form of declaration need be filed by a notation inserted in the clause immediately prior to the clause about the citizenship of declarant, appropriate reference is made to a schedule added to said declaration, in which schedule shall be inserted the name and data of each additional vessel as required for the first vessel, owned by or under mortgage to the party on behalf of whom said declaration is made.

Penalty for false statement: Section 40, Shipping Act, 1916, as amended, provides "Whoever knowingly makes any false statement of a material fact in any such declaration shall be guilty of a misdemeanor and subject to a fine of not more than $5,000,

This declaration is to be taken whenever any bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part thereof, or interest therein, is presented by a copartnership, association, or unincorporated company to any collector of customs for recording. 1 Strike out words not appropriate.

2 Insert full corporate name of company. 'I. e., document now surrendered, or document last surrendered heretofore (U. S. C., title 46, sec. 808).

or to imprisonment for not more than five years, or both."

Administration

(c) The Maritime Forms Nos. MA-4557 (Rev. 11-1-51), and, in connection therewith, when appropriate, MA-4557-A (Rev. 6-51), MA4558 (Rev. 11-1-51) and MA-4559 (Rev. 11-1-51) shall continue to be used as available.

(d) Form MA-4560 (5-4-55), and in connection therewith, when appropriate, Form MA-4560-A (5-5-55), for execution by a corporation (specifically applicable to mutual insurance companies) not authorized to issue capital stock but in which the voting power is exercised by its members, shall read as follows: Form MA-4560

corporation is not authorized to issue stock, the ownership and control of said corporation being vested in the members of said corporation who have the exclusive voting power. The persons exercising the duties of directors of the corporation are called and are the persons referred to

herein as directors. The majority of the voting power (or) seventy-five (75) per centum of the voting power of said corporation is vested in citizens of the United States of America free from any trust or fiduciary obligations in favor of any person not a citizen of the United States of America; that through no contract or understanding is it so arranged that the majority of the voting power (or) more than twenty-five (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 of America; that by no means whatsoever is the con

This declaration is to be taken whenever any bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part thereof, or interest therein, is presented by a corporation to any collector of customs for recording. 1 Insert "President," "Secretary," or "Treasurer," or any other duly authorized official thereof, as the case may be.

Insert full corporate name of company. Insert business address of corporation. Strike out word or expression not appropriate.

"Insert other means whereby vessel became entitled to American registry, when appropriate.

I.e., document now surrendered, or document last surrendered heretofore (46 U.S.C. 808).

Strike out reference to naturalization if party is native-born citizen. If more than one vessel is involved, only one form of declaration need be filed if by a notation inserted in the clause immediately prior to the clause about the citizenship of declarant, appropriate reference is made to a schedule added to said declaration, in which schedule shall be inserted the name and data of each additional vessel as required for the first vessel, owned by or under mortgage to the party on behalf of whom said declaration is made.

This date must be within 30 days of date of declaration.

The exact figure as disclosed by the books of the company must be given and the per centum figure must be not less than 65 per centum, except for an owner operating the vessel in the coastwise trade the per centum figure must be not less than 90 per centum.

(Explanatory clause prescribed by Maritime Administration for execution and atetachment as and when desired by party making declaration on behalf of Mutual Insurance Company or mortgagee of vessel on form (MA-4560) prescribed by Maritime Administration pursuant to section 40 of the Shipping Act, 1916, as amended.)

The basis for the statements of facts above recited with respect to the ownership and E control of voting power of the company, is as follows:

(1) The books of the company show that on a 19--, b -----per centum of the voting power of the company was owned of record by persons whose addresses on the books of the company are in the United States; (2) I know of no substantial change in such percentage since that date; and (3) investigation has failed to disclose the existence of facts or relationships with respect to voting power and control contrary to those above recited.

(e) Form MA-4561 for execution by a : corporation (specifically applicable to > mutual savings banks) not authorized to issue capital stock but in which the 2 voting power is exercised by its trustees shall read as follows:

(Date naturalized) Naturalization Certificate No.

that the president or other chief executive officer and the chairman of the board of trustees are citizens of the United States of America, and no more of the trustees than a minority of the number necessary to constitute a quorum are non-citizens; that said bank has no directors, the duties of directors being exercised by said trustees; that said bank is not authorized to issue stock; that the majority of the voting power and control of said bank is vested in the Board of Trustees free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; that through no contract or understanding is it so arranged that more than a minority of the voting power of said bank may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States of America; that by no means whatsoever is the control of more than a minority interest in said bank conferred upon or permitted to be exercised

This declaration is to be taken whenever any bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part thereof, or interest therein, is presented by a corporation to any collector of customs for recording. 1 Insert "President" or any other duly authorized official thereof, as the case may be. * Insert full corporate name of bank. Insert business address of bank.

Strike out word or expression not appropriate.

Insert other means whereby vessel became entitled to American registry, when appropriate.

I.e., document now surrendered, or document last surrendered heretofore (46 U.S.C. 808).

'Strike out reference to naturalization if party is a native-born citizen.

If more than one vessel is involved, only one form of declaration need be filled if by a notation inserted in the clause immediately prior to the clause about the citizenship of declarant, appropriate reference is made to a schedule added to said declaration, in which schedule shall be inserted the name and data of each additional vessel as required for the first vessel, owned by or under mortgage to the party on behalf of whom said declaration is made.

PENALTY FOR FALSE STATEMENT: Section 40, Shipping Act, 1916, as amended, provides "Whoever knowingly makes any false statement of a material fact in any such declaration shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both."

that a majority of the officers and directors of said corporation are citizens of the United States of America; that not less than 90 per centum of the employees of said corporation are residents of the United States of America; that said corporation is engaged primarily in a manufacturing or mineral industry in the United States of America or any Territory, District, or possession thereof; that the aggregate book value of the vessels owned by said corporation does not exceed 10 per centum of the aggregate book value of the assets of said corporation; and that said corporation purchases or produces in the United States of America, its Territories, or possessions, not less than 75 per centum of the raw materials used or sold in its operations.

(Date)

(Signature and Title)

Penalty for false statement. Section 40, Shipping Act, 1916, as amended, provides "Whoever knowingly makes any false statement of a material fact in any such declaration shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both."

If more than one vessel is involved, only one form of declaration need be filed by a notation inserted in the clause immediately prior to the clause about the citizenship of declarant, appropriate reference is made to a schedule added to said declaration, in which schedule shall be inserted the name and data of each additional vessel as required for the first vessel, owned by the party on behalf of whom sald declaration is made.

(g) Form MA-4563 for execution by each trustee to whom a mortgage of a vessel is given (but not in substitution for any other declaration required to be filed under this section), shall read as follows:

(Form MA-4563, Mar. 8, 1966) U.S. DEPARTMENT OF COMMERCE MARITIME ADMINISTRATION (Section 40, Shipping Act, 1916, as amended) 46 U.S.C. 838, 40 Stat. 902, 62 Stat. 212 DECLARATION OF TRUSTEE/MORTGAGEE 1

The undersigned (the "Trustee") hereby declares that this declaration is filed in con

1 This declaration is to be taken whenever any mortgage of a vessel to a trustee is presented for recording (but not in substitution for any other declaration required to be filed under 46 CFR 221.11).