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(b) To satisfy the statutory require- Public Law 86–327, Sept. 21, 1959.) Such ments, an Affidavit of Citizenship of a evidence should include name, address, corporate applicant, by one of its officers date and place of birth, nationality, and duly authorized to execute such affidavit, if citizens of the United States, whether should be submitted. This affidavit by birth, naturalization, or other basis. should contain facts from which the (1) Birth in the United States. Evicorporation's citizenship can be deter- dence of birth in the United States, in mined. The mere allegations that the the order of its conclusiveness, may be corporation is a citizen of the United given as follows: States, and that the required percentage (1) Authenticated birth certificate; or is owned by citizens of the United States, (ii) Authenticated baptismal certifiwithout the submission of appropriate cate, showing baptism shortly after documentary evidence to substantiate birth; or and corroborate such allegations, are (111) Two affidavits of persons having not sufficient.

personal knowledge of the time and place $ 355.2 Requirements regarding evi

of birth, stating clearly facts from which dence of United States citizenship.

affiants acquired such knowledge. Affi

ants may include father, mother, attendThe information for inclusion in the

ing physician or midwife, uncle, aunt, affidavits and the documentary evidence

older brother, older sister, or close in substantiation thereof are as follows:

family friend; or (a) Proof of domestic incorporation. (iv) Photostatic copy of entry in The affidavit, among other things,

"Family Bible" with certification that it should contain the following:

is taken from the "Family Bible"; or (1) The exact name of the company;

(v) Alidavit of person whose citizen(2) Its principal place of business;

ship is involved, stating the date and and

place of his birth, the source of his (3) The laws under which the cor

knowledge, the nonavailability of proof poration was organized and the date of

mentioned in subdivisions (i) to (iv) of organization.

this subparagraph, together with referA copy of the articles or certificate of ence as to source where proof of his birth incorporation and all amendments may be of record; i.e., Army or Navy thereto, certified by the Secretary of records, Civil Service employment recthe State where corporation was orga- ords, census records, etc. nized is required as proof of place of in- (2) Naturalization. Evidence of natcorporation; the By-Laws of the cor- uralization is obtainable from the Deporation, certified by the Secretary of partment of Justice, Immigration and such corporation is required to be filed Naturalization Service. This evidence is along with the aforementioned articles available to the Administration, proor certificate and the aifidavit of citizen- vided the person whose citizenship is in. ship; later amendments to the articles volved submits the date, place and the or certificates of incorporation and By- name of the court before which he was Laws should be filed promptly.

naturalized. Such person should also (b) Proof that the president or other execute an afidavit showing dates and chief executive oficer, vice presidents or places of residence since naturalization. other individuals who are authorized to (3) Citizenship by naturalization act in the absence or disability of the while a minor. Any person alleging president or other chief executive officer, United States citizenship by virtue of the the chairman of the board of directors, naturalization of a parent during his or and the required number of directors are her minority should obtain a certificate citizens of the United States. Evidence of citizenship from the Immigration and should be submitted in proof of the Naturalization Service, Department of United States citizenship of persons in Justice, which is available at any of its the capacities enumerated. In the case offices, by application therefor on Form of corporations receiving operating- N-600 (8 CFR Part 341). This certifidifferential subsidy, under Title VI of cate may be presented to the Office of the Act, all directors thereof must be General Counsel, Maritime AdministraUnited States citizens. In case of other tion, Washington, D.C., for sighting and corporate applicants, it must be shown record, or in lieu thereof, the number that no more than a minority of the and date of the certificate together with number of directors necessary to con- the place of issue thereof by the Immistitute a quorum are non-citizens. (See gration and Naturalization Service

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should be submitted, which data shall (1) Individual stockholders. In the be subject to verification by said Service case of a corporation relying on individthrough inquiry by the Maritime ual stockholders, including natural perAdministration,

sons, associations, partnerships, and (4) Birth abroad of American par- corporations, the citizenship of natural ents. Any person alleging United States persons involved should be established citizenship by virtue of being born out- in the same manner and as fully as that side of the United States of American of the aforementioned officers and direcparents, should obtain a certificate of tors; the citizenship of associations, citizenship from the Immigration and partnerships, and corporations involved Naturalization Service, Department of should be established in the same manJustice, which is available at any of its ner and as fully as that of an applicant offices, by application therefor on Form association, partnership or corporation. N-600 (8 CFR Part 341). This certifi- (2) Fair injerence from residence of cate may be presented to the Office of stockholders. In the case of a corporaGeneral Counsel, Maritime Administra- tion having to rely on more than thirty tion, Washington, D.C., for sighting and (30) stockholders, a fair inference can be record, or in lieu thereof, the number made that the required ownership and and date of the certificate together with voting interest is vested in citizens of the place of issue thereof by the Immi- the United States, if it is established by gration and Naturalization Service the stock ledger of the corporation or should be submitted, which data shall be the records of the registrar or transfer subject to verification by said Service agent that 65 percent or more, in the through inquiry by the Maritime case of a corporation operating any vesAdministration.

sel in the foreign trade (or in the case (5) Married women. If United States of a corporation operating any vessel in citizenship on behalf of a married woman the coastwise trade, on the Great Lakes, is alleged by virtue of marriage to an or on bays, sounds, rivers, harbors or inAmerican citizen prior to September 22, land lakes of the United States, 95 per1922, there should be submitted:

cent or more), of the stock is owned by (i) An authenticated copy of the mar- persons whose addresses are within the riage certificate, and

United States. The statement should in(ii) Proof of the United States citi

clude the number of shareholders who zenship of the husband. An affidavit

have given addresses in the United should be submitted setting forth what

States, the number of shares of stock changes, if any, have occurred in the

they own and the exact percentage that marital status since marriage.

these shares are of the total issued and

outstanding shares of stock. The same In all other cases, the United States cit

statement should be made for each class izenship of a married woman must be

of stock, showing the voting rights established as hereinbefore indicated.

thereof. The submission of these data to (6) In the event that satisfactory doc- the Administration furnishes a basis umentary evidence to establish the

from which a fair inference can be made United States citizenship of individuals (in the discretion of the Maritime Adnamed has been filed with the Depart- ministrator) that since a very large ment of State in connection with the proportion of the total stock and voting issuance of an American passport, a ref- stock is in the hands of stockholders erence thereto will be suficient. The

residing within the United States, the individual's full name, date and place of required percentage of ownership is in birth, and the date, place of issuance, citizens of the United States. (See Coland the number of the passport should

lier Advertising Service, Inc. v. Hudson be given.

River Day Line, 14 Fed. Supp. 335.) If (c) Proof that required interest in

the fair inference rule is applied, the corporation is owned by citizens of the

name of any stockholder owning five per United States. The affidavit of citizenship should include a statement of the

centum (5 percent) or more of the total total number of issued and outstanding

number of shares of stock of each class, shares of all classes of stock, together

if more than one, should be given and with a showing as to the voting rights

proof of United States citizenship subof each class. The required ownership

mitted therefor. The statement should percentage may be shown by one of two also set forth that of the shares of stock methods; namely:

relied upon to establish that the required

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

That the information hereinafter set forth in this atidavit is given for the purpose of establishing the United States citizenship of sald (Name of corporation) and 18 made and submitted as a part of the application for (Type of benefit applied for) as aforesaid;

That (Name of corporation) 18 & 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 Btate), and that, as proof of its incorporation under the laws of the State (or Commonwealth) of

there are attached hereto & certified copy of the Certificate or Articles of Incorporation, together with certified copy of corporate By-Laws, and amendments,

1 any:

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

(i) 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

(111) 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) 8 355.3 Form of affidavit.

The following form of afidavit 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 County of I,

bolng duly sworn, depose and say:

That I am the (Title of orice or onces held) of (Name of corporation), & corporation organized and existing under and by virtue of the laws of the State (or Commonwealth) of

and that I am authorized to execute this affidavit concerning the United States citizenship of sald (Name of corporation), an applicant for (Type of benefit applied for), pursuant to the provisions of section or sections (Desig

That the following persons are the Presi. dent or other Chief Executive Officer, Vice Presidents or other individuals who are au. thorized 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; Ofice; 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 ofAcers, 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 allen directors should be named and followed by a statement that under the corporate By-laws------directors are necessary to constitute & quorum and that no more than a minority of the number of directors necessary to constitute a quorum are noncitizens.)

That John Doe is & citizen of the United States by virtue of his birth in the United States as shown in certified copy of birth certificate herewith (11 a birth certificate 18 not available, give other acceptable proof as set forth in $ 355.1(b); 11 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 Omce 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 naturalized citizen;

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That amant has access to the stock books of 5% or more of the total number of shares and records of said corporation; that the issued and outstanding of each class, 1 moro said stock books and records have been ex- than one; proof of citizenship beyond tho amined and disclose that, as of

second tier of ownership (in the discretion 19.-, said (Name of corporation) had 1s- of the Maritime Administrator) 1s not resued and outstanding

shares of stock quired unless such ownership 18 in a parent of all classes, held by

stockholders, or major stockholder. said number of stockholders representing the ownership of the entire issued capital stock

The following statement should conclude of said corporation;

each affidavit of citizenship: (If different classes of stock exist, give the

That the controlling interest (or 75% of same data for each class issued and outstand

the interest) 1 in said corporation, as estabing, showing the voting rights for each

lished by the data hereinbefore set forth, is class.)

owned by citizens of the United States; that Explanatory note. To prove that the re

the title to a majority (or 75%) 1 of the quired interest (controlling interest for for

stock in said corporation is vested in citieign trade, or, in the case of a corporation

zens of the United States free from any operating any vessel in the coastwise trade,

trust or fiduciary obligation in favor of any on the Great Lakes, or on bays, sounds, rivers,

person not a citizen of the United States; harbors, or Inland lakes of the United States,

that such proportion of the voting power of 75% thereof) in applicant corporation 18

said corporation 18 vested in citizens of the owned by citizens of the United States, ap

United States; that through no contract or plicant may select one of two methods. It

understanding, is it so arranged that the may (a) establish the United States citizen

majority (or more than 25% ) 1 of the voting ship of individual owners of such required

power of said corporation may be exercised, interest; or (b) 11 It must rely on more than

directly or indirectly, in behalf of any per30 shareholders, show that, for majority in

son who is not a citizen of the United States; terest, 65% or more (or for 75% Interest,

and that, by no means whatsoever, is con95% or more) of the stock is owned by per

trol of said corporation (or of any interest sons whose addresses are within the United

In said corporation in excess of 25 %) 1 conStates. Such a showing furnishes a basis

ferred upon or permitted to be exercised by from which a fair Inference can be made (in

any person who is not a citizen of the United the discretion of the Maritime Administra

States; and tor) that the required ownership is in citi

That affilant has carefully examined this zens of the United States.

affidavit and asserts that all of the stateIf the applicant is relying on the citizenship of individual owners (natural persons,

ments and representations contained therein associations, partnerships, and corporations)

are true to the best of his knowledge, in

formation, and belief. of the required interest, the following statement should be included:

Subscribed and sworn to before me, a NoThat, in order to establish that the con

tary Public in and for the State and County trolling interest (or 75% or more) of tho

aforesaid, this

day of stock in sald corporation is owned by citizens

19... of the United States, the applicant selects and relles upon the following owners:

(Here list the stockholders upon which applicant intends to rely, together with the PART 360_TRANSFER OF MARINE number and class of shares of stock owned

EQUIPMENT TO SHIP OPERATORS by each. A statement should be made at this point setting forth the facts upon which tho AND SHIPYARDS citizenship of each owner is based; if an in

Sec. dividual, attach to the affidavit the appro

360.1 Purpose. priate documentary evidence in the same

360.2 Definitions. manner as for the above-mentioned officers

360.3 Policy. and directors; 11 a corporation, the same evi

360.4 Authorized transfer officials. dence is required to be furnished as that

360.5 Procedure. required for the applicant.)

II the applicant is relying on fair inference AUTHORITY: The provisions of this Part 360 Irom residence within the United States of issued under sec. 204, 49 Stat. 1987, as amend. owners of 65% (or 95%) or more of its stock, ed; 46 U.S.C. 1114. the following should be included:

SOURCE: The provisions of this Part 360 That the registered addresses of

contained in General Order 84, Rev., 30 F.R. holders of shares of stock are shown

10244, Aug. 18, 1965, unless otherwise noted. as being within the United States, said shares of (class) being % of the total § 360.1 Purpose. of shares of issued and outstanding

To set forth the policy and procedures stock (the same statement should be made as to each class of stock, 1 there is more than

governing the transfer of marine equipone class). Give name of and submit proof of United States citizenship for any holder 1 Strike inappropriate language.

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ment by the Maritime Administration to tration, in consultation with other Govoperators of merchant ships and to ship- ernment agencies, as appropriate, that yards for the construction or repair of the transfer would be beneficial to the merchant ships, on the basis of replace- American merchant marine, the defense ment at the earliest possible date.

effort, or otherwise in the national

interest. 8 360.2 Definitions.

(c) The transferee shall furnish a de(a) The term “transfer," as used here

posit to the Maritime Administration in in, shall be deemed to be a transfer of

the amount of the current acquisition possession with passage of title upon de

value (new) of the equipment, as deterlivery of the equipment to the operator

mined by the Maritime Administration, or shipyard, and with obligation for re

plus 10 percent of such amount to cover placement of the equipment by the

expenses which may be incurred by the transferee.

Maritime Administration in connection (b) The terms “marine equipment" with the transaction, including possible and “equipment,” as used herein, shall

damages to Maritime Administration be deemed to include machinery, spare

properties, and, where applicable, an parts, and equipment required for the additional amount equal to the estimated operation, construction or repair of mer- cost of closing any openings or reaschant ships.

sembling any machinery made necessary § 360.3 Policy.

by the transfer. This deposit, less the

amount of any expenses or damages in(a) Transfers of marine equipment

curred by the Maritime Administration owned by the Maritime Administration

in connection with the transfer, will be will be made, upon request, only in cases

returned to the transferee upon satisof emergency under the following con

factory replacement of the equipment. ditions:

(d) The transferee shall pay to the (1) There must be a need which can

Maritime Administration service not be filled within a reasonable time by

charge in the amount of $200 to cover a manufacturer or other source;

administrative and operating expenses (2) The transferee shall agree to stand

incurred in processing the transfer. all costs incurred in connection with the

This amount is to be deposited to the transfer;

credit of the Government, and will not (3) The transferee shall agree to take be returned to the transferee. possession and custody of the equipment at a time and place designated by the

§ 360.4 Authorized transfer officials. Maritime Administration, and there (a) No transfer of marine equipment shall be no liability on the part of the shall be made to a foreign-flag ship or Maritime Administration for any failure to a shipyard for the construction or reof the equipment thereafter; and

pair of a foreign-flag ship without the (4) The equipment transferred shall express approval of the Maritime Adminbe replaced by the transferee, at his ex- istrator. pense, at the earliest practicable date (b) The Maritime Administrator has and at a point designated by the Mari- delegated to the Chief, Office of Property time Administration, with new equip- and Supply, the authority to make transment of the same type and design or fers of marine equipment for the opwith equipment determined by the Mari- eration, construction and repair of U.S.time Administration to be suitable for fiag ships, in accordance with the policy the same use as the equipment trans- requirements of $ 360.3. The Chief, ferred, in a condition satisfactory to the Office of Property and Supply, has reMaritime Administration and in com- delegated the above authority to the pliance with American Bureau of Ship- Chief, Division of Purchase and Sales, ping and U.S. Coast Guard standards. Office of Property and Supply.

(b) Transfers which meet the above (c) The Maritime Administrator has requirements may be made (1) to op- delegated the authority to the Coast erators of U.S.-flag merchant ships and Directors in the field, to transfer marine shipyards for the construction or repair equipment under their cognizance for of U.S.-flag merchant ships, and (2) to the operation, construction or repair of foreign-flag merchant ships and U.S. U.S.-flag ships, in accordance with policy shipyards for the construction or repair requirements of $ 360.3, when requests of foreign-flag merchant ships, when it therefor originate in their District or are is determined by the Maritime Adminis- referred to them for action.

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