non-citizens; 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; said 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 control of said corporation (or) the control of any interest in said corporation in excess of twenty-five (25) per centum conferred upon or permitted to be exercised by any person who is not a citizen of the United States of America. 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." 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 Officer in Charge of Marine Inspection, U.S. Coast Guard 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). 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. Form MA-4560-A (5-5-55) (Explanatory clause prescribed by Maritime Administration for execution and attachment 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 control of voting power of the company, is as follows: on a (1) The books of the company show that 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. 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. (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 voting power is exercised by its trustees shall read as follows: Form MA-4561 (10-16-59) U.S. DEPARTMENT OF COMMERCE MARITIME ADMINISTRATION OWNER OR MORTGAGEE OF VESSEL (Section 40, Shipping Act, 1916, as amended) 46 U.S.C. 838, 40 Stat. 902, 62 Stat. 212 DECLARATION OF OFFICER OF MUTUAL SAVINGS BANK⚫ 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 by any person who is not a citizen of the United States of America. 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." (78 Stat. 597) • 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 Officer in Charge of Marine Inspection, U.S. Coast Guard for record. 1 Insert "President" or any other duly authorized official thereof, as the case may be. 'Insert full corporate name of bank. This declaration is filled in accordance with the provisions of Public Law 85-902 (72 Stat. 1786). of ---- ---, declare that am a duly authorized officer of the a corporation organized under the laws of the State of --- with offices at ---------; that said corporation is the owner of the vessel, or part thereof, or interest therein, called ----------; official number ----------, net ---- as appears by issued at 19, surrendered ---- of gross built in 19-_-, at -------- No. (Give cause of surrender) that I am a citizen of 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 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 the party on behalf of whom said declaration is made. 1 This declaration is to be taken whenever any bill of sale or conveyance of any vessel, or part thereof, or interest therein, is presented by corporations within the purview of Public Law 85-902 (72 Stat. 1786) to any Officer in Charge of Marine Inspection, U.S. Coast Guard for recording. (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/MORTGAGER 1 The undersigned (the "Trustee") hereby declares that this declaration is filed in connection with the mortgage given by held by the Trustee. The term "Bonds" as used in this declaration means (a) all bonds, notes, or other evidence of indebtedness now or heretofore secured by sald mortgage, and (b) in the case of an indebtedness secured first by an assignment to the Trustee or to its predecessor(s) as trustee, if any, of the owner's right, title, or interest in said vessel(s) while under construction, and secured later by the aforesaid mortgage, all bonds, notes or other evidence of indebtedness heretofore secured by sald assignment, and shall include the singular as well as the plural. The Trustee hereby further declares (check at least one of the following statements as applicable): (a) (----------) that there has been approval of the Trustee and of its predecessor(s) as trustee, if any, pursuant to Public Law 89-346 and 46 CFR 221.21-221.30 with no break in the continuity of such approval from a date and time prior to the original issuance of any of the Bonds to the date hereof or from a date and time not later than November 8, 1966, to the date hereof; (b) (---. --) that there has been approval of the Trustee and of its predecessor(s) as trustee, if any, pursuant to Public Law 89-346 and 46 CFR 221.21-221.30 with no break in the continuity of such approval from a date and time prior to the original issuance of any of the Bonds to the date hereof or from a date and time not later than November 8, 1966, to the date hereof, except for the period (s) ------ during which there was no issuance, transfer, or assignment of any of the Bonds to any person not a citizen of the United States within the meaning of sections 2, 9, and 37, Shipping Act, 1916, as amended, without the approval of the Secretary of Commerce; (c) (----------) that there has been no issuance, transfer or assignment of any of the Bonds to any person not a citizen of the United States within the meaning of sections 2, 9, and 37, Shipping Act, 1916, as amended, without the approval of the Secretary of Commerce, prior to the date hereof. (Date) By (Name of Trustee) (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 5 years, or both." (73 Stat. 597) [G.O. 61, 2d Rev., 20 F.R. 1399, Mar. 9, 1955, as amended by Supp. 1, 20 F.R. 4131, June 11, 1955; Supp. 2, 22 F.R. 9249, Nov. 20, 1957; Amdt. 4, Amdt. 5, 24 FR. 8465, Oct. 20, 1959; Amdt. 6, 31 F.R. 4410, Mar. 15, 1966, G.O. 61, 2d Rev., 32 F.R. 17595, Dec. 8, 1967] NOTE: The record-keeping and reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. 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 filled under 46 CFR 221.11). Unless Trustee is an individual, insert name of president, secretary or treasurer of Trustee or any other official (which may include a vice president or trust officer) duly authorized by Trustee to execute declaration. § 221.13 Uniform Bareboat Charter of a Government-owned dry-cargo vessel under section 705 of the Merchant Marine Act, 1936, as amended, "Form No. 705." (a) On July 16, 1956, the United States Department of Commerce, through the Maritime Administration, approved and authorized publication of a standard form of bareboat charter for use in the chartering, under section 705 of the Merchant Marine Act, 1936, as amended, of Government-owned dry-cargo vessels, which are subject to Title VII of said act. The chartering of such vessels is subject to competitive bidding procedures as prescribed under section 706 of said act. (b) Except as otherwise authorized, the form of such charter shall be substantially as follows: Charterer Mergers; Business not Related to Shipping. Coastwise or Intercoastal Service. Supervision of Employment. Salaries and Fees. Employment of Managing Agent. Members or Delegates of Congress. Rescission Provision. Foreign Flag Vessels. E. Accounting-Definitions Accounting, Report and Supervision. Definitions. 38 (a) "Net Voyage Profit", Gross This Charter Party Agreement (hereinafter called the "Agreement") dated as of 111) 19_, between the United States of America, acting by and through the Department of Commerce (Maritime Administration) (hereinafter called the "Owner") and (hereinafter called the "Charterer"), whose address is Witnesseth: Whereas: - 1. The Owner, acting pursuant to authority vested in it by the Merchant Marine Act, 1956, as amended (herein referred to as the its Invitation for Sealed Bids for the bareboat charter of certain Vessel(s)1 for operation in a service determined to be essential, as provided by Section 221 of the Act. 2. Bids received pursuant to such Invitation were opened on 19--, and the Charterer stated in its bid for the charter of said Vessel(s) that such Vessel(s) would be operated in the service hereinafter described, which has heretofore been determined to be essential, as provided in Section 211 of the Act, and established to the satisfaction of the Owner its qualifications as a bidder (including the sufficiency of its capital, credit, and experience), and its compliance with the terms and conditions for the award of a charter of said Vessel(s) as set forth in said Invitation. 3. The Owner accepted the bid of the Charterer for the bareboat charter of said Vessel(s) for operation in the service described in said bid, and awarded a charter to the Charterer for the period and upon the terms and conditions hereinafter set forth. Now therefore, in consideration of the premises, the parties hereto agree as follows: PART I CLAUSE A. Uniform terms. This Agreement consists of two parts, this Part I and Part II. Unless otherwise in this Part I expressly provided, all of the provisions of sald Part II shall be a part of this Agreement as though fully set forth in this Part I. In the event of a conflict between the provisions of Parts I and II, the provisions of Part I shall govern to the extent of such conflict. CLAUSE B. Agreement of the parties. The Owner hereby agrees to let and the Charterer agrees to hire, the for the carriage of lawful merchandise and passengers during the period and upon the terms and conditions hereinafter set forth. CLAUSE C. Period of charter. Subject to termination as provided in this Clause and in Section F, Part II, hereof, the period of this Agreement shall be as follows: Provided, That whenever the President shall proclaim that the security of the national defense makes it advisable, or during any national emergency declared by proclamation of the President, or after a declaration of war or of national emergency made by the Congress, the Owner may terminate this Agreement without cost to the United States, upon such notice to the Charterer as the President or Congress shall determine. 1 The term "Vessels" as used in the plural in either Part I or Part II of this Agreement also refers to any single Vessel, whenever appropriate, and similarly the term "Vessel" as used in the singular refers to all Vessels within the Agreement whenever appropriate. $. $. per GRT per GRT Marine hull and machinery. together with such additional amounts of P & I and excess liability insurance as the Owner may require from time to time. The insertion of the amount of Marine and War Risk Hull and Machinery insurance shall be for the purpose of (a) fixing the minimum amount for the placing of insurance as prescribed in Clause 25, Part II, and (b) constituting the replacement or total loss value of the Vessel as between the Charterer and the Owner, but for no other purpose. The Charterer shall also at all times during the period of the Vessel's use under this Agreement carry and maintain such crew insurance as is required by the Charterer's current bargaining agreements. CLAUSE H. Amount of bond. The Charterer, at or before delivery of each Vessel under this Agreement, shall furnish the Owner with a bond in the amount of 8-------for each Vessel, in the manner prescribed in Clause 3, Part II of this Agreement. CLAUSE I. Special provisions. In witness whereof, this Agreement has been executed in triplicate by the Owner on |