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(Form MA-579, Mar. 8, 1966) DEPARTMENT OF COMMERCE, MARITIME ADMINISTRATION

APPLICATION FOR APPROVAL AS TRUSTEE

The undersigned (the “Trustee") hereby applies for approval as trustee pursuant to Public Law 89–346 and the regulation prescribed by the Secretary of Commerce, acting by and through the Maritime Administrator (the "Secretary"), to implement the provisions of Public Law 89–346 (46 CFR 221.21-221.30; the "Regulation").

In support of this application the Trustee certifies to and agrees with the Secretary as hereinafter set forth.

The Trustee certifies:

(a) That it is acting or proposing to act as trustee under a Vessel or Shipyard Financing Trust (as defined in the Regulation);

(b) That the attached List of Vessel or Shipyard Financing Trusts is a true and correct list of the Vessel or Shipyard Financing Trusts under which the Trustee is acting or proposing to act as trustee; and

(C) That the Trustee is a bank or trust company which

(1) Ls organized as a corporation, and is doing business, under the laws of the United States (----

-------) or of the State (Check, if applicable) of

(Insert name of State, if applicable) (2) Is authorized by such laws to exercise corporate trust powers:

(3) Is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916, as amended (46 U.S.C. 802), as evidenced by: (1) (----

.) the at(Check, if applicable) tached affidavit of citizenship dated the date hereof: or (ii) (---- --------) affidavit

(Check, if applicable) of citizenship dated

as amended by updating affidavit(s) or certificate(s) heretofore filed with the Secretary (the last such updating affidavit or certificate being dated ------), which affidavit of citizenship, as amended, is true and correct as of the date hereof, (-------- -------) ex

(Check, if applicable) cept for changes reflected in the attached updating affidavit dated the date hereof.

(4) Is subject to supervision or examination by Federal (------ ---------) or

(Check, if applicable) State (-

-) authority; and (Check, if applicable) (5) Has a combined capital and surplus of at least $3,000,000 as set forth in its most recent published report of condition,

--) copy of which dated (Check, if applicable) ---- is attached, or (---.

(Check, if applicable) copy of which dated

has heretofore been filed with the Secretary.

The Trustee agrées:

(a) That it will once each year, within 30 days after its annual meeting of stockholders, so long as it shall continue to be on the Roster of Approved Trustees referred to in the Regulation, file with the Secretary, Maritime Administration, a Trustee's Annual Supplemental Certification in the form prescribed by the Regulation, with only such changes therein as may be approved by the Maritime Administrator;

(b) That it will, so long as it shall continue to be on the Roster of Approved Trustees referred to in the Regulation:

(1) Forthwith as it gains knowledge of such fact, notify the Secretary, Maritime Administration, in writing if it shall cease to be a bank or trust company which (i) is organized as a corporation, and is doing business, under the laws as aforesaid, (ii) is authorized under such laws to exercise corporate trust powers, (iii) is a citizen of the United States as aforesaid, (iv) is subject to supervision or examination by Federal or State authority as aforesaid, and (v) has a combined capital and surplus (as set forth in its most recent published report of condition) of at least $3,000,000;

(2) Notify the Secretary, Maritime Administration, in writing of all deletions from and additions to the List of Vessel or Shipyard Financing Trusts (executed) under which it is acting as trustee as such changes occur;

(3) Notify the Secretary, Maritime Administration, in writing of any changes in its name or address, as such changes occur;

(4) Furnish to the Secretary such further relevant and material information concerning its qualifications as trustee under Public Law 89–346 and concerning the Vessel or Shipyard Financing Trusts under which it is acting or proposing to act as trustee, as the Secretary may from time to time request; and

(5) Permit the representatives of the Maritime Administrator, upon request, to examine its books and records relating to the matters referred to herein.

This Application is made in order to induce the Secretary to grant his approval of the undersigned as trustee pursuant to Public Law 89-346 and the Regulation, and may be relied on by the Secretary for such purpose. Dated this day of

19...

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certifications true and correct as of the

SECRETARY'S APPROVAL In reliance on the foregoing Application and

(Here insert reference to any supple

mental matter filed by the trustee in support

as

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date hereof)

(b) That the Trustee's affidavit of citizen. ship attached or referred to in our aforesaid Application for Approval as Trustee heretofore supplemented and amended (1) (----

---) is true and correct as (Check, if applicable) of the date hereof, (----

(Check, if applicable) except for changes reflected in the attached updating affidavit dated the date hereof; or (2) (----

--) is superseded by (Check, if applicable) the attached affidavit of citizenship dated the date hereof; and

(c) That the most recent published annual report of condition of the Trustee dated (1) (----

-) 15 (Check, if applicable) attached, or (2) (---

-----) has

(Check, 11 applicable) heretofore been filed with the Secretary.

As agreed in our aforesaid Application for Approval as Trustee, we have notified you of all deletions from and additions to the List of Vessel or Shipyard Financing Trusts (Executed) under which we are acting as trustee.

This Certification is made in order to induce the Secretary to continue his approval of the undersigned as trustee pursuant to Public Law 89–346 and the Regulation, and may be relied on by the Secretary for such purpose. Dated this

day of

---, 19.

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Attest: (Seal)

(Name)

(Title) (G.O. 61, 2d Rev., Amdt. 6, and G.O. 107, 31 F.R. 4409, Mar. 15, 1966)

APPENDIX

Pursuant to the regulation prescribed by the Secretary of Commerce, acting by and through the Maritime Administrator (the "Secretary"), to implement the provisions of Public Law 89-346 (46 CFR 221.21-221.30; the "Regulation"), and to our Application for Approval as Trustee dated the undersigned (the "Trustee") hereby certifies to the Secretary:

(a) That the certifications made in (c) (1), (2), (3), (4), and (5) of our aforesaid Application for Approval as Trustee heretofore supplemented and amended (1) (---

--) are true and correct as (Check, if applicable) of the date hereof; or (2) (----

-)

(Check, if applicable) are true and correct as of the date hereof, except for (Insert any change required to make such

as

1. TRANSFER OF U.S. PRIVATELY OWNED VESSELS TO FOREIGN REGISTRY OR OWNERSHIP OR BOTH

Each application for the transfer to foreign registry or ownership or both of any vessel of 3,000 gross tons and over will be evaluated on its individual merits with consideration being given to the following:

(1) The type, size, speed, general condition, and age of the vessel;

(2) The acceptability of the foreign buyer and country of registry; and

(3) The need to retain the vessel under U.S. flag or ownership for the purposes of

national defense, maintenance of an adequate merchant marine, foreign policy of the United States, and the national interest.

II. CONDITIONS OF APPROVAL The Maritime Administration's approval of transfer of vessels of 3,000 gross tons and over to foreign ownership or registry, or both, under sections 9 or 37 or both of the Shipping Act, 1916, as amended (whether such transfer is for operation or scrapping), shall be subject to the terms and conditions hereinafter stated.

If the vessel is being transferred for foreign flag operation, the terms and conditions shall run with the title to the ship and shall remain in effect for the period of the remainIng economic life of the ship or for the duration of the national emergency proclaimed by the President on December 16, 1950, whichever period is longer. The economic life of a ship for the purpose of this statement of policy is 25 years from the date the vessel was delivered by the shipbuilder. This period will be extended another five years or such other period of time approved by the Maritime Administrator if the vessel is converted or jumbolzed. The terms and conditions are as follows:

A. Transfer of vessels of 3,000 gross tons and over to either foreign ownership or registry or both, and new ship construction for foreign-flag ownership and registry.

(1) Ownership. (a) without the prior approval of the Maritime Administration, there shall be no transfer in the ownership or change in the registry of such vessel.

(b) Without the prior approval of the Maritime Administration, there shall be no transfer of stock Interest in the foreign corporate contractor to persons not citizens of the United States (within the meaning of Section 2 of the Shipping Act, 1916, as amended). However, transfers of such stock or changes in ownership resulting from the death of any stockholder or owner are not subject to this condition. Notification of any such transfer of stock or ownership occurring by reason of death shall be filed with the Maritime Administration within 60 days from the date of the transfer of stock or change of ownership.

(2) Availability. The vessel, whether owned by the foreign contractor or any subsequent transferee, shall, if requested by the United States or any qualified department or agency thereof, be sold or chartered to the United States on the same terms and conditions upon which a ship owned by a citizen of the United States could be requi. sitioned for purchase or charter as provided for in Section 902 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1242). I the transfer of the vessel is to the flag of a country that is a member of the North Atlantic Treaty Organization (NATO), the Administrator will consider this condition satisfied if the vessel upon request is made avallable to a NATO country.

(3) Trade. (a) The vessel shall not engage in trade prohibited to U.S.-flag vessels under Department of Commerce Transportation Orders T-1 and T-2, as amended, or any modification thereof;

(b) The vessel shall not be chartered to aliens on a demise or bareboat basis without the prior approval of the Maritime Admin-, istration; and

(C) The vessel shall not be chartered to aliens for carriage of cargoes of any kind to or from the Soviet Union, Latvia, Lithuania, Estonia, Poland, Czechoslovakia, Hungary.. Rumania, Bulgaria, Albania, North Korea, the Soviet Zone of Germany, Manchuria, Communist China, the Communist-controlled area of Vietnam, or Cuba, without the prior approval of the Maritime Administration,

(4) Default. In the event of default under conditions 1 or 2 or 3 above, the vessels approved for transfer shall be subject to the penalties imposed by Section 41 of the Shipping Act, 1916, as amended (46 U.S.C. 839). Pursuant to the provisions of Section 38 of the Shipping Act, 1916, as amended (46 U.S.C. 836), the Maritime Administrator may remit the forfeiture of the vessel provided for in Section 41 of the Shipping Act, 1916, as amended (46 U.S.C. 839), upon such conditions as may be required under the circumstances of the particular case, including the payment of a sum in lieu of forfeiture and the execution of a new agreement containing substantially the same conditions set forth above which will be applicable to the vessel for the remaining period of the original agreement. In order to secure the payment of any such sum of money, a foregin contractor owned or controlled by foreign citizens shall agree by way of a contract approved as to form by the General Counsel of the Maritime Administration to comply with the above conditions and to provide a United States commercial surety bond or other surety acceptable to the Maritime Administrator for an amount ranging from $25,000 to $250.000 depending upon the type, size and condition of the vessel. “Other surety" may be any one of the following:

(a) An irrevocable letter of credit from a United States bank;

(b) United States Government bonds;

(C) The written guarantee of a friendly government of which the foreign buyer is a national;

(d) A written guarantee or penal bond by a United States corporation which is found to be financially qualified to service the undertaking to pay the stipulated amount; or

(e) a foreign surety bond or guarantee of a foreign bank, 11 endorsed by a United States corporate surety company or a United States bank which would be responsible to the Maritime Administration.

If the foreign contractor is owned or controlled by US citizens, the foreign contractor and its principal U.S. citizen owners shall

agree in form satisfactory to the General Counsel, Maritime Administration, to pay an amount ranging from $25,000 to $250,000, such agreement to be secured by the written guarantee of said parties, or other form of guarantee, as may be required by the Maritime Administration,

B. The sale of U.S. privately-owned vessels of 3,000 gross tons and over to foreign buyers for sorapping abroad.

(1) Ownership. The vessel or any interest therein shall not be sold without the prior written approval of the Maritime Administration.

(2) Time within which to be scrapped. Within a period of 18 months from the date of approval of the sale, the hull of said vessel shall be completely scrapped, dismantled, dismembered, or destroyed in such manner and to such extent as to prevent the further use thereof, or any part thereof, as a ship, barge, steamship, or any other means of transportation.

(3) Distribution of scrap material. The scrap resulting from the demolition of the hull of the vessel, the engines, machinery, and major items of equipment shall not be sold to, or utilized by, any noncitizen of the United States residing in the Soviet Union, Latvia, Lithuania, Estonia, Poland, Czechoslovakia, Hungary, Rumania, Bulgaria, Albania, North Korea, the Soviet Zone of Germany, Manchuria, Communist China, the Communist-controlled area of Vietnam, or Cuba. Such scrap shall not be exported to these countries. In addition, the engines, machinery and major items of equipment shall not be exported to destinations within the United States.

(4) Default. In the event of default under any or all of (1), (2), and (3) above, the contractor shall pay to the Maritime Administration, Department of Commerce, without prejudice to any other rights which the United States may have, as liquidated damages and not as a penalty, the sum of not less than $25,000, depending upon the size, type and condition of the vessel. This payment shall be secured by a surety company bond or other guarantee satisfactory to the Maritime Administration. “Other guarantee" may be one of those set out in section A(4) of this statement of policy.

(5) Evidence of scrapping and destination of scrap materials. There shall be filled with the Maritime Administration a certificate or other evidence satisfactory to its General Counsel, duly attested and authenticated by a United States Consul that the scrapping of the vessel (hull only) and disposal or utilization of the resultant scrap, the engines, machinery and major items of equipment have been accomplished in the manner prescribed by this section.

C. Resident agent in the United States to accept service of process for foreign transferee.

All foreign transferees, whether corporate entities, associations, companies, partnerships, individuals, or joint ventures, which

or who have been granted approval by the Maritime Administration pursuant to Sections 9 or 37 or both of the Shipping Act, 1916, as amended (46 U.S.C. 808 and 835), shall, prior to the issuance and delivery of the Transfer Order covering the ship or ships to be transferred, appoint and designate a resident agent in the United States to receive and accept service of process or other notice in any action or proceeding instituted by the United States of America relating to any claim arising out of the approved transaction. This appointment and designation of the resident agent shall not be terminated, revoked, amended or altered without the prior written consent and approval of the Maritime Administration. The resident agent designated and appointed by the foreign transferee shall be subject to approval by the Maritime Administrator. To be acceptable, the resident agent must maintain a permanent residence in the United States, shall be a banking or lending institution, or a ship operating or shipowning company incorporated under the laws of the United States, or a U.S. corporation which is satisfactory from the standpoint of known in. tegrity and responsibility. No individual will be accepted as a resident agent.

The foreign transferee shall file with the Maritime Administration a written copy of the appointment of the resident agent, which copy shall be fully endorsed by the resident agent that it accepts the appointment, that it will act thereunder and that it will notify in writing the Maritime Administration in the event it is disqualified from so acting by reason of any legal restrictions. If a corporation is selected and approved as resident agent, service of process or notice upon any officer, agent, or employee of the corporation at its principal place of business would constitute effective service on, or notice to, the foreign transferee.

The subsequent transfer of ownership or registry of vessels which have been transferred to either foreign ownership or registry or both subject to Maritime Administration contractual control, as set forth above, will be subject to substantially the same Maritime Administration policy that governed the original transfer and sale, including such changes or modifications that have subsequently been made and continued in effect. Approval of these subsequent transfers will be subject to the same terms and conditions governing the transfer and sale of U.S. flag vessels to foreign registry or ownership or both at the time of the subsequent transfer.

The completion of all approved transactions, either by virtue of Sections 9, 37 and 41 of the Shipping Act, 1916, as amended (46 U.S.C. 808, 835 and 839), or the Maritime Administration's contract with the foreign owner, will be authorized by notification in the form of a Transfer Order to all interested parties, upon the receipt of the executed contract, the required bond or other surety, and other supporting documents required by said contract.

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In order that the Maritime Administration's records may be maintained on a current basis, the owner or transferee of the ship is required to notify the Maritime Administration of the date and place where the approved transaction was completed, and the name of the vessel, if changed. This information relating to the completion of the transaction and the change in name should be furnished to the Maritime Administration as soon as possible, but not later than ten days after the same has occurred.

III. VESSELS UNDER 3,000 GROSS TONS Generally, the Maritime Administration will grant approvals required by Sections 9 or 37 or both of the Shipping Act, 1916, as amended, of vessels of under 3,000 gross tons provided the vessel is not needed for reasons of national defense and provided also that the foreign buyer and country of registry are acceptable to the Maritime Administration. Except in unusual circumstances, no conditions will be imposed. [ 29 F.R. 12030, Aug. 22, 1964)

PART 222-STATEMENTS, REPORTS,

AND AGREEMENTS REQUIRED TO
BE FILED

CARGO AND PASSENGER REPORTS Sec. 222.1 Statements required to be filed pur

suant to section 807, Merchant Mą.

rine Act, 1936. 222.2 Forms of vessel utilization and per

formance reports prescribed. 222.3 Penalty. 222.4 Notice of failure to comply herewith

and that petition for relief may be

filed. 222.5 Petition for relief.

AUTHORITY: The provisions of this Part 222 issued under sec. 21, 39 Stat. 736, as amended, sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 820, 1114, except as otherwise noted. $ 222.1 Statements required to be filed

pursuant to section 807, Merchant

Marine Act, 1936. (a) Statement of shipbuilder or ship operator. Every shipbuilder or ship operator holding or applying for a contract under the provisions of the Merchant Marine Act, 1936, as amended, and every subsidiary, affiliate, associate, or holding company of such shipbuilder or ship operator who employs or retains any person (as defined in paragraph (c) of this section) to present, advocate, or oppose, before Congress or any committee thereof, or before the Secretary of Commerce, the Federal Maritime Board, or the Maritime Administration, any matter within the scope of the Shipping Act, 1916, as amended,

the Merchant Marine Act, 1920, amended, the Merchant Marine Act, 1928, as amended, the Intercoastal Shipping Act, 1933, as amended, or the Merchant Marine Act, 1936, as amended, before performance by such person pursuant to such employment or retainer, shall file with the Secretary, Federal Martime Board/Maritime Administration, a statement containing the information specified in Form MA-807–1. While it is not required that Form MA807-1 be used, the statement must contain the information required by that form and the information must be arranged in the manner prescribed by that form. Copies of Form MA-807-1 may be obtained from the Secretary, Federal Maritime Board/Maritime Administration. Any changes which may occur in answer to any of the items in the statement shall be reported to the Secretary, Federal Maritime Board/Maritime Administration, within 10 days after such change.

(b) Statement of person employed or retained. Every person (as defined in paragraph (c) of this section) employed or retained by any shipbuilder or ship operator holding or applying for a contract under the provisions of the Merchant Marine Act, 1936, as amended, or employed or retained by any subsidiary, affiliate, associate, or holding company of such shipbuilder or ship operator to present, advocate, or oppose, before Congress or any committee thereof, or before the Secretary of Commerce, the Federal Maritime Board, or the Maritime Administration, any matter within the scope of the Shipping A 1916, as amended, the Merchant Marine Act, 1920, as amended, the Merchant Marine Act, 1928, as amended, the Intercoastal Shipping Act, 1933, as amended, or the Merchant Marine Act, 1936, as amended, shall file with the Secretary, Federal Maritime Board/Maritime Administration, within 30 days after the close of each calendar month during the period of such retainer or employment, a statement containing the information specified in Form MA-807-2. While it is not required that Form MA-807-2 be used, the statement must contain the information required by that form and the information must be arranged in the manner prescribed by that form. Copies of Form MA-807-2 may be obtained from the Secretary, Federal Maritime Board/Maritime Administration.

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