Imágenes de páginas
PDF
EPUB

training appropriation. Subject to any exceptions as may be determined by the Maritime Administrator (in the case of cadets from the Trust Territories as a result of a joint agreement by the Maritime Administrator and the Secretary of Interior), they shall be subject to the same rules and regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation as cadets at the Merchant Marine Academy appointed from the United States; but such persons shall not be entitled to appointment to any office or position in the United States Merchant Marine by reason of their graduation from the Merchant Marine Academy. Each candidate must:

(1) Be a bona fide male citizen of the country transmitting the request and meet the other requirements as to age, marital status and character as set forth in §310.53 for United States citizens.

(2) Possess physical qualifications as specified in § 310.55. All candidates must undergo a physical examination and physical aptitude examination as arranged by the Maritime Administrator.

(3) Be proficient in reading, writing and speaking idiomatic English and must meet the following scholastic entrance requirements:

(i) Must qualify in the College Entrance Examination Board Scholastic Aptitude Test and achievement tests in English Composition and Intermediate or Advanced Mathematics. See § 310.54(b). Detailed certificates covering schoolwork will not be required of candidates from the other American Republics and the Trust Territories of the Pacific. These candidates will be given the same examination in English Composition as other candidates, but due consideration will be accorded these foreign students when evaluating test results.

(ii) Each candidate shall submit a certificate from his Government that he is conversant with the literature of his native country and that he has completed a course in the literature of his native language equivalent in general to two years of secondary school work in literature in the United States. In lieu of this certification, a candidate may produce evidence of having acquired the units for literature from accredited schools of the United States.

(4) Candidates will be furnished information as to the time, place, etc., of the College Entrance Examination

Board tests. A Maritime Representative or a diplomatic representative of the United States in the candidate's country shall in the case of all these candidates furnish a report as to the candidate's proficiency in the use of idiomatic English.

(5) In lieu of the oath of allegiance to the United States, a substitute oath will be required in substance as follows: I,

--------, a citizen of years

[ocr errors]

aged months, having been appointed as a cadet to the United States Merchant Marine Academy, do solemnly swear or affirm to comply with all regulations of the Academy, and to give my utmost efforts to accomplish satisfactorily the required curriculum; do swear or affirm not to divulge any information of military value which I may obtain, directly or indirectly, in consequence of my presence at the United States Merchant Marine Academy, to any alien government; and do agree that I shall be withdrawn from the United States Merchant Marine Academy if deficient in conduct, health or studies.

Subpart D-Regulations for Receipt of Donations for Chapel and Library At United States Merchant Marine Academy, Kings Point, New York AUTHORITY: The provisions of this Subpart D issued under sec. 3, 62 Stat. 172.

SOURCE: The provisions of this Subpart D contained in Revised General Order 24, Supp. 4, 13 F.R. 6329, Oct. 28, 1948. GENERAL PROVISIONS

§ 310.100 Basis and purpose.

By virtue of the authority contained in the act approved April 17, 1948 (Pub. Law 485, 80th Cong., 2d sess.), and in accordance with General Accounting Office Accounts and Procedures Letter No. 12789, United States Maritime Commission No. 224, dated June 8, 1948, this subpart is hereby prescribed to provide for the receipt of, and accounting for private contributions to assist in construction of a chapel and a library at the United States Merchant Marine Academy, Kings Point, New York. § 310.101 Designation and authority.

The Assistant Chief, Office of Maritime Training, is hereby designated to accept private contributions to assist in defraying the cost of construction of said chapel and library. All private contributions received shall be transmitted to the Comptroller, Maritime Administration, for deposit.

§ 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

[blocks in formation]

SUBCHAPTER I-[RESERVED]

SUBCHAPTER J-MISCELLANEOUS

[blocks in formation]
[blocks in formation]

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 Seamen Services Section, Division of Office Services, 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, Gemsco, Inc., 461 Eighth Avenue, New York, New York, 10001, at a cost of thirty 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, 22 F.R. 2221, Apr. 4, 1957, as amended by Amdt. 3, 29 FR. 8010, June 24, 1964]

[blocks in formation]

(a) The following ribbon bars, previously issued for service in the United States 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 thirty cents per ribbon bar by presenting to Gemsco, Inc., 461 Eighth Avenue, New York, New York, 10001, 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 (Pre-Pearl Harbor) Bar.
Victory Medal Bar.

If Authorization Cards are lost or destroyed, replacements thereof may be obtained upon application to the Seamen Services Section, Division of Office Services, Maritime Administration, Department of Commerce, Washington, D.C., 20235.

(b) The following decorations may be replaced at cost upon application to the Seamen Services Section, Division of Office Services, Maritime Administration, Department of Commerce, Washington, D.C., 20235.

[blocks in formation]

(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:

(1) 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 filed 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:

66-102-67- -31

(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

« AnteriorContinuar »