vessel has side wheels, also on the outer side of each wheel house.

(b) On a so-called "double-ender" vessel the required names shall be placed on the parts corresponding to the bow and stern. If either the bow or stern, or both, of any such or other vessel does not afford sufficient space for marking the required name or names, or if the name marked in such a place would be obscured or concealed while the vessel is in operation (for example, by a fender), the names shall be placed on an appropriate adjacent part.

(c) The name of a scow, barge, or other vessel "scow-built" or with square bow may be marked on the bow instead of the side when such marking would be speedily obliterated by chafing against other vessels, piles, or rocks.

(d) The hailing port to be marked on the stern may be either the port where the vessel is permanently documented, or the place in the same district where the vessel was built or where one or more of the owners reside.

(e) Every documented yacht shall have its name and hailing port placed on some conspicuous part of its hull. (R. S. 4178, as amended, sec. 21, 23 Stat. 58, R. S. 4214, as amended, 4495; 46 U. S. C. 46, 47, 103, 493)

"For the purposes of the navigation laws of the United States * * *, every vessel of the United States shall have a 'home port' in the United States, including Puerto Rico, which port the owner of such vessel, subject to the approval of the Secretary of the Treasury, shall specifically fix and determine, and subject to such approval may from time to time change. Such home port shall be shown in the register, enrollment, and license, or license of such vessel, which documents, respectively, are referred to as the vessel's document. The home port shown in the document of any vessel of the United States in force on February 16, 1925, shall be deemed to have been fixed and determined in accordance with the provisions hereof. ** U.S. C. 18)

(46

the vessel. It is the port at which the vessel's permanent documents are issued.

(b) Before a marine document is issued to a vessel never before documented or to a documented or previously documented vessel when there has been some change in ownership in whole or in part or when a change in home port is desired, the owner of the vessel shall submit his designation of home port for the vessel on customs Form 1319, signed as provided for in § 3.13 (a), to the office of the collector of customs for the port designated or the port where a temporary document is to be issued. When the designation is filed with the collector at the port designated as home port, it shall be filed in duplicate; when filed at a port where a temporary document is to be issued, it shall be filed in triplicate. If the home port so designated is different from the last previous home port of the vessel, the owner shall also request the collector at the previous home port to forward to the collector at the designated port an abstract of title on customs Form 1332, or on customs Forms 1332 and 1332-A (see § 3.33 (1)).

(c) If an owner desires that the home port be elsewhere than the port at or nearest the place in the same customs collection district where the vessel business of the owner is conducted, he shall submit with his designation of home port a detailed statement setting forth the reasons.

(d) Whenever an owner submits a designation of home port to a collector, the collector shall examine the instruments transferring title to the vessel and the abstract of title on customs Form 1332 or customs Forms 1332 and 1332-A, if any, and satisify himself that the home port has in fact been designated by the owner of the vessel or some person authorized to act for him.

(e) Any designation presented shall be forwarded to the Bureau for recommendation before approval and before the issuance of any document under such designation if:

(1) A port or place is designated which is other than the port at or nearest the place in the same customs collection district where the vessel business of the owner is conducted;

(2) The vessel is of foreign build and has not been previously documented as a vessel of the United States;

(3) The vessel has been transferred to an alien in whole or in part or has been placed under foreign registry after

having been built in the United States or after having been documented as a vessel of the United States;

(4) Title has passed by operation of law before the first documentation as a vessel of the United States or since the date of acquisition of title by the last owner of record, whether by court order, by appointment of a trustee in bankruptcy, or otherwise.

(5) The vessel is owned by a corporation which is qualified as a citizen of the United States only under the definition contained in § 3.19(a) (4).

(f) After favorable recommendation by the Bureau if required, the collector, assistant collector, or deputy collector in charge of marine work for the port at which a designation is filed in accordance with paragraph (a) of this section may approve that designation provided recordable instruments covering each sale, gift, or conveyance (including a conveyance in trust), if any, since the date of acquisition of title by the last owner of record are presented with the designation. After favorable recommendation by the Bureau if required, the collector, or assistant collector, and the deputy collector in charge of marine work for the port at which a designation is filed when authorized by the collector, may waive the requirements for production of recordable instruments of conveyances and may approve that designation if he is satisfied that it is impracticable to furnish any such instrument and that the owner has legal title to the vessel.

(g) If the designation of home port is approved as provided for in paragraph (f) of this section, the collector shall forward a duplicate copy of the designation to the Bureau. If the designation is so approved at a port other than the home port, the collector shall also forward the triplicate copy of the designation to the collector at the home port.

(h) In every case in which a favorable recommendation by the Bureau is required before an approval may be granted under paragraph (f) of this section, the collector shall forward a copy of the designation to the Bureau, together with any evidence of title submitted, any necessary statement of the facts and circumstances, and a statement as to whether or not the collector is of the opinion that the applicant has legal title to the vessel. In addition, any statement required by paragraph (c) of

this section shall be forwarded. The papers so forwarded will be returned by the Bureau, with its recommendation, for processing by the field officer concerned.

(i) No officer or employee designated to grant approvals of designations of home ports shall approve, nor shall any collector forward to the Bureau for review, any such designation unless it appears that the vessel will be documented as a vessel of the United States substantially simultaneously with the approval of the designation by any such officer or employee after any necessary review. When a designation has been approved and the vessel is not so documented, the approval granted shall be cancelled. The collector, in subsequently transmitting a copy of a new designation by the same owner for review or in forwarding a copy of a designation approved by him, shall indicate in his remarks the date of the previous approval and that it was cancelled because of failure to document the vessel.

(R. S. 4141, sec. 1, 43 Stat. 947, as amended; 46 U.S.C. 17, 18) [28 F.R. 14575, Dec. 31, 1963, as amended by T.D. 56232, 29 F.R. 11356, Aug. 6, 1964]

§3.18 Forms of oath of owner and master for documentation.

(a) Prior to the documentation or redocumentation of any vessel, except in case of redocumentation of a vessel at a port other than the home port upon change in trade or loss of marine document or when the renewal spaces are filled, there shall be filed an oath of ownership on customs Form 1258 if the vessel is owned by an individual, partnership, unincorporated company, association, or the United States; or on customs Form 1259 or 1260, whichever is applicable, if the vessel is owned by a corporation.

(b) If any such vessel falls within class 4, 5, 6, or 7 of § 3.2, there shall be inserted immediately after footnote 1 of customs Form 1258 or immediately after footnote 4 of customs Form 1259 the appropriate one of the following clauses: (1) For class 4On the day of captured in war by a citizen (or citizens) of the United States and lawfully condemned as prize by a decree, sentence, or judgment of the court of an

authenticated

produce.

19__,

copy of which I now

(4) For class 7

Authorized to be documented by act of Congress and by the Commissioner of Customs by letter under date of

an authenticated copy of which I now produce.

(c) The master's oath required for the license or enrollment and license of a vessel shall be executed in the space provided therefor on customs Form 1258, 1259, or 1260. If the vessel is to be registered and the master is within the district where the registry is to be made, the master's oath shall be on Form 1258 or 1259. Such form of oath shall not be used for a renewal of license under paragraph (d) of this section.

(d) The master's oath for the renewal of a license shall be executed on customs Form 1280. Except when the vessel is at its home port, such an oath shall be taken for the renewal of the license even though it may be necessary to issue a new document because all renewal spaces are filled on the former document.

(R.S. 3114, as amended, 3115, as amended, 4142, 4139, as amended, 4159, 4161, 4214, as amended, 4312, 4314, as amended, 4320, as amended, 4325, as amended, 4328, as amended, 4330, 72 Stat. 1736; 19 U.S.C. 257, 258, 46 U.S.C. 19, 20, 29, 31, 103, 252, 254, 262, 267, 270, 272, 883-1)

§3.19 Citizenship; documentation.

(a) Whenever used in this part, the word "citizen" includes the plural as well as the singular. Unless the context requires a different meaning, it means:

(1) In the case of an individual, a native-born, derivative, or naturalized citizen of the United States;

(2) In the case of a partnership, un-` incorporated company, or association, one whose members are all citizens of the United States;

(3) In the case of a corporation, one which is incorporated under the laws of the United States, or of any State thereof, of which the president or other chief executive officer and the chairman of the board of directors are citizens of the United States, so long as no more of its directors than a minority of the number

necessary to constitute a quorum shall be noncitizens.

(4) In the case of a corporation owning and operating a non-self-propelled vessel, or a self-propelled vessel of less than 500 gross tons, or in the case of a corporation which seeks to qualify as a citizen under the Act of September 2, 1958 (46 U.S.C. 883-1), for any purpose under the Act, one which is incorporated under the laws of the United States, or any State, Territory, District, or possession thereof provided that (i) a majority of the officers and directors of such corporation are citizens of the United States; (ii) not less than 90 percent of the employees of such corporation are residents of the United States; (iii) such corporation is engaged primarily in a manufacturing or mineral industry in the United States or any Territory, District, or possession thereof; (iv) the aggregate book value of the vessels owned by such corporation does not exceed 10 percent of the aggregate book value of the assets of such corporation; and (v) such corporation purchases or produces in the United States, its Territories, or possessions not less than 75 percent of the raw materials used or sold in its operations, and provided further that a certificate under oath on customs Form 1260 as prescribed in § 3.21 is filed with the collector of customs concerned as provided therein, if any, or if none, with the Commissioner of Customs, together with the required certificate as to the organization of the corporation and the names of all officers and directors of the corporation, showing the home address and citizenship of each.""

9a *** Notwithstanding any other provision of law, a corporation incorporated under the laws of the United States or any State, Territory, District, or possession thereof, shall be deemed to be a citizen of the United States for the purposes of and within the meaning of that term as used in sections 9 and 37 of the Shipping Act, 1916, as amended (46 U.S.C. 808, 835), section 27 of the Merchant Marine Act of 1920, as amended (46 U.S.C. 883), Revised Statutes, section 4370 (46 U.S.C. 316), and the laws relating to the documentation of vessels, if it is established by a certificate filed with the Secretary of the Treasury as hereinafter provided, that

(a) A majority of the officers and directors of such corporation are citizens of the United States;

(b) Not less than 90 per centum of the employees of such corporation are residents of the United States;

(c) Such corporation is engaged primarily

(b) A vessel, although owned and documented by a corporation which is a citizen as defined in paragraph (a) (3) of this section, shall not engage in the coastwise trade unless 75 percent of the interest in the corporation is owned by citizens as specified in section 2 of the Shipping Act, 1916, as amended.1o

in a manufacturing or mineral industry in the United States or any Territory, District, or possession thereof;

(d) The aggregate book value of the vessels owned by such corporation does not exceed 10 per centum of the aggregate book value of the assets of such corporation; and

(e) Such corporation purchases or produces in the United States, its Territories, or possessions not less than 75 per centum of the raw materials used or sold in its operations

but no vessel owned by any such corporation shall engage in the fisheries or in the transportation of merchandise or passengers for hire between points in the United States, including Territories, Districts, and possessions thereof, embraced within the coastwise laws, except as a service for a parent or subsidiary corporation and except when such vessel is under demise or bareboat charter at prevailing rates for use otherwise than in the domestic noncontiguous trades from any such corporation to a common or contract carrier subject to part 3 of the Interstate Commerce Act, as amended, which otherwise qualifies as a citizen under section 2 of the Shipping Act, 1916, as amended (46 U.S.C. 802), and which is not connected, directly or indirectly, by way of ownership or control with such corporation.

As used herein (1), the term "parent" means a corporation which controls, directly or indirectly, at least 50 per centum of the voting stock of such corporation, and (2), the term "subsidiary" means a corporation not less than 50 per centum of the voting stock of which is controlled, directly or indirectly, by such corporation or its parent, but no corporation shall be deemed to be a "parent" or "subsidiary" hereunder unless it is incorporated under the laws of the United States, or any State, Territory, District, or possession thereof, and there has been filed with the Secretary of the Treasury a certificate as hereinafter provided.

Vessels built in the United States and owned by a corporation meeting the conditions hereof which are non-self-propelled or which, if self-propelled, are of less than five hundred gross tons shall be entitled to documentation under the laws of the United States, and except as restricted by this section, shall be entitled to engage in the coastwise trade and, together with their owners or masters, shall be entitled to all the other benefits and privileges and shall be subject to the same requirements, penalties, and forfeitures as may be applicable in the case

(c) A vessel, although owned by a corporation which is not a citizen as defined in section 2 of Shipping Act, 1916, as amended, may be documented as a vessel of the United States if the sale or transfer to the corporation was not in violation of section 9 or 37 of the Shipping Act, 1916, as amended (46 U. S. C. 808, 835), and if the corporation is a citizen as defined in paragraph (a) (3) of this section.

of vessels built in the United States and otherwise documented or exempt from documentation under the laws of the United States.

A corporation seeking hereunder to document a vessel under the laws of the United States or to operate a vessel exempt from documentation under the laws of the United States shall file with the Secretary of the Treasury of the United States a certificate under oath, in such form and at such times as may be prescribed by him, executed by its duly authorized officer or agent, establishing that such corporation complies with the conditions of this section above set forth. A "parent" or "subsidiary" of such corporation shall likewise file with the Secretary of the Treasury a certificate under oath, in such form and at such time as may be prescribed by him, executed by its duly authorized officer or agent, establishing that such "parent" or "subsidiary" complies with the conditions of this section above set forth, before such corporation may transport any merchandise or passengers for such parent or subsidiary. If any material matter of fact alleged in any such certificate which, within the knowledge of the party so swearing is not true, there shall be a forfeiture of the vessel (or the value thereof) documented or operated hereunder in respect to which the oath shall have been made. If any vessel shall transport merchandise for hire in violation of this section, such merchandise shall be forfeited to the United States. If any vessel shall transport passengers for hire in violation of this section, such vessel shall be subject to a penalty of $200 for each passenger so transported. Any penalty or forfeiture incurred under this section may be remitted or mitigated by the Secretary of the Treasury under the provisions of section 7 of Title 46, United States Code.

Any corporation which has filed a certificate with the Secretary of the Treasury as provided for herein shall cease to be qualified under this section if there is any change in its status whereby it no longer meets the conditions above set forth, and any documents theretofore issued to it, pursuant to the provisions of this section, shall be forthwith surrendered by it to the Secretary of the Treasury. (46 U.S.C. 883-1)

10"(a) Within the meaning of this chapter no corporation, partnership, or association

(d) A vessel, although owned by a partnership or association which is a citizen as defined in section 2 of the Shipping Act, 1916, as amended, shall not be documented as a vessel of the United States unless the owner is also a citizen as defined in paragraph (a) (2) of this section.

(e) A corporation which qualifies as a citizen as defined in paragraph (a) (4)

shall be deemed a citizen of the United States unless the controlling interest therein is owned by citizens of the United States, and, in the case of a corporation, unless its president or other chief executive officer and the chairman of its board of directors are citizens of the United States and unless no more of its directors than a minority of the number necessary to constitute a quorum are noncitizens and the corporation itself is organized under the laws of the United States or of a State, Territory, District, or possession thereof, but in the case of a corporation, association, or partnership operating any vessel in the coastwise trade the amount of interest required to be owned by citizens of the United States shall be 75 per centum.

"(b) The controlling interest in a corporation shall not be deemed to be owned by citizens of the United States (a) if the title to a majority of the stock thereof is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; or (b) if the majority of the voting power in such corporation is not vested in citizens of the United States; or (c) if through any contract or understanding it is so arranged that the majority of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States or (d) if by any other means whatsoever control of the corporation is conferred upon or permitted to be exercised by any person who is not a citizen of the United States.

"(c) Seventy-five per centum of the interest in a corporation shall not be deemed to be owned by citizens of the United States (a) if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; or (b) if 75 per centum of the voting power in such corporation is not vested in citizens of the United States; or (c) if, through any contract or understanding, it is so arranged that more than 25 per centum of the voting power in such corporation may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or (d) if by any other means whatsoever control of any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a citizen of the United States." (46 U.S.C. 802)

of this section is not thereby precluded from qualifying as a citizen under any other applicable definition and vessels which it owns or operates shall be entitled to be documented as vessels of the United States under any other provision of this part upon compliance with all applicable requirements.

(R.S. 4132, as amended, 4131, as amended, secs. 2, 9, 39 Stat. 729, as amended, 730, as amended, sec. 4, 40 Stat. 901, as amended, 72 Stat. 1736; 46 U.S.C. 11, 221, 802, 808, 835, 883-1)

§ 3.20 Evidence of citizenship of owners and officers.

(a) In addition to any oath, certificate, or declaration of citizenship specified, the collector of customs may require the production of such further evidence as may be necessary to satisfy him that the person is a citizen of the United States. The proper notation of the evidence produced shall be made on the papers retained in the collector's office, such as the number, date, and office of issue of an officer's license, seaman's passport, or citizen's passport, or the same data as to a birth or naturalization certificate, a continuous discharge book, or a certificate of identification, etc. The collector shall reject any evidence believed by him to be unauthentic.

(b) As evidence of his citizenship, a naturalized citizen shall be required in every case to present a certificate of his naturalization. A derivative citizen shall be required to present either a certificate of naturalization of either parent through whom he derived his own citizenship, together with a birth certificate or other evidence satisfactorily establishing that he was under 21 years of age at the time of his parent's naturalization, or a certificate of derivative citizenship. The usually acceptable evidence of citizenship for other persons is described below in the order of desirability.

(1) A birth certificate or certified copy.

(2) A baptismal certificate or parish record made within 1 year after birth.

(3) A certificate of a practicing physician that he attended the birth and that he has a record in his possession showing the date on which it occurred.

(4) A State Department passport. (5) An active commission in the United States Navy, Marine Corps, Coast Guard or reserve component thereof.