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§ 202.4 Reparation statement, Form No. 4.

Claim of

under the decision of the United States Maritime Commission, in Docket No.

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Total amount of reparation $. The undersigned hereby certifies that this statement has been checked against the records of this company and found correct. Date...

Steamship Company

Auditor

Collecting Carrier Respondent.

By... (Address and date)

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By

Claimant
Attorney

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Consignor

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Consignee

Date

Bill(s) of lading issued by

At

Shipment(s) moved via carrier (s) and route

as follows:

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Where the application is for authority to refund to the consignee when the papers show that the charges were paid by the consignor, or vice versa, or where the complainant is neither the consignor nor consignee, the Commission requires that a stipulation be submitted with the application, signed by the consignor, by the consignee, and by an executive or general officer of the carrier in substantially the following forms:

Title (Here insert names of complainant and respondent (s) as in application to which stipulation relates.) the

The undersigned

consignor of the following-described ship-
ment (here insert date, commodity, and
points of origin and destination) and
the consignee thereof, and the undersigned
(name of carrier), stipulate
and agree that any order entered in the
above-entitled informal complaint for a re-
fund on account of the excessive freight
charges collected on said shipment shall be in
favor of
(here insert name
of consignor or consignee, as the case may
be).

Signature of consignor
Signature of consignee

Signature of carrier

Part 203-Practice Before the

Commission

Practice before the Commission defined.

Attorneys at law.

Persons not attorneys at law.

SS.

Sec.

---)

on oath depose

203.1

of the

203.2

203.3

203.4

203.5

203.6

203.7

203.8

Former employees.

and say that I am --within-named applicant, on whose behalf I make this affidavit; that I have read the foregoing application and know the contents thereof; and that the same is true.

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Firms and corporations.

Hearings.

Suspension or disbarment.

Statement of interest.

203.9 Former employees; affidavit.

203.10 Former employees; applications for

consent.

203.11 Assistance to or by former employees.

Appendix I-Application for admission to practice before the United States Maritime Commission.

Appendix II-Form of oath to be executed by applicants for admission to practice before the United States Maritime Commission. AUTHORITY: §§ 203.1 to 203.11 issued under sec. 204, 49 Stat. 1987, as amended; 46 U. S. C. 1114.

SOURCE: §§ 203.1 to 203.11 contained in Revised General Order 21, 12 F. R. 6086.

§ 203.1 Practice before the Commission defined. Practice before the Commission shall be deemed to comprehend all matters connected with the presentation of any matter to the Commission,

including the preparation and filing of necessary documents, and correspondence with and communications to the Commission. The term "Commission" as used in this part includes any bureau, division, branch, section, unit, office or field office of the United States Maritime Commission and any officer or employee of such bureau, division, branch, section, unit, office, or field office.

§ 203.2 Attorneys at law. Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or Territory of the United States may practice before the Commission. An attorney's own representation that he is such in good standing before any of the courts referred to in this section will be sufficient.

§ 203.3 Persons not attorneys at law. Any person who is not an attorney at law may be admitted to practice before the Commission if he is a citizen of the United States and files proof to the satisfaction of the Commission that he possesses the necessary legal, technical, or other qualifications to enable him to render valuable service before the Commission and is otherwise competent to advise and assist in the presentation of matters before the Commission. Applications by persons not attorneys at law for admission to practice before the Commission shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Commission, and shall be addressed to the United States Maritime Commission, Washington 25, D. C. No person who is not an attorney at law and whose application has not been approved shall be permitted to practice before the Commission. This provision and the provisions of §§ 203.5, 203.6, and 203.7 shall not apply, however, to any person who appears before the Commission on his own behalf or on behalf of any corporation, partnership, or association of which he is an officer or regular employee.

§ 203.4 Firms and corporations. Practice before the Commission by firms or corporations on behalf of others shall not be permitted.

§ 203.5 Hearings. The Commission in its discretion may call upon the applicant for a full statement of the nature and extent of his qualifications. If the Commission is not satisfied as to the sufficiency of the applicant's qualifications, it will so notify him by registered mail,

whereupon he may request a hearing for the purpose of showing his qualifications. If he presents to the Commission no request for such hearing within 20 days after receiving the notification referred to in this section his application shall be acted upon without further notice.

§ 203.6 Suspension or disbarment. The Commission may, in its discretion, deny admission to, suspend, or disbar any person from practice before the Commission who, it finds, does not possess the requisite qualifications to represent others, or is lacking in character, integrity, or proper professional conduct. Any person who has been admitted to practice before the Commission may be disbarred from such practice only after he is afforded an opportunity to be heard.

§ 203.7 Statement of interest. The Commission, in its discretion, may call upon any practitioner for a full statement of the nature and extent of his interest in the subject matter presented by him before the Commission. Attorneys retained on a contingent fee basis shall file with the Commission a copy of the contract of employment.

§ 203.8 Former employees-(a) Practice prohibited. No person shall practice, appear, or represent anyone before the Commission in any matter to which he, as member, officer, or employee of the Commission, or as officer or employee of the United States gave personal consideration or as to the facts of which he gained knowledge during and by reason of his Government service.

(b) Further prohibitions with exceptions. No former member of the United States Maritime Commission shall practice, appear, or represent anyone before the Commission or act as the employee of an attorney or agent, in any matter which was pending before the Commission during the period of his membership in the Commission. No former officer or employee of the United States Maritime Commission shall practice, appear, or represent anyone before the Commission, or act as the employee of an attorney or agent, within two years after the termination of his service with the Commission, in any matter which was pending before the Commission during the period of his employment by the Commission, unless he shall first obtain the written consent of the Commission. This consent will not be granted unless it appears

820805-49- -33

that the applicant did not, as officer or employee of the United States, give personal consideration to the matter, to handle which consent is sought, or gain knowledge of the facts of said matter during and by reason of his Government service.

§ 203.9 Former employees; affidavit. Such applicant shall be required to file an affidavit to the effect that he gave no personal consideration to such matter and gained no knowledge of the facts involved in such matter during and by reason of his Government service, and that he is not associated with, and will not in such matter be associated with, any former member, officer, or employee of the Commission who has gained knowledge of the matter during and by reason of his Government service; and that his employment is not prohibited by any law of the United States or by the regulations of the Commission. The statements contained in such affidavit shall not be sufficient if disproved by an examination of the files and records of the case.

The

§ 203.10 Former employees; applications for consent. Applications for consent should be directed to the Commission and should state the former connection with the Commission of the applicant and identify the matter in which the applicant desires to appear. applicant shall be promptly advised as to his privilege to appear in the particular matter, and the application, affidavit, and consent, or refusal to consent, shall be filed by the Commission in its records relative thereto. Separate consents to appear must be obtained to appear in separate cases.

§ 203.11 Assistance to or by former employees. No one entitled to practice before the Commission shall knowingly (a) assist a person employed by a client to represent him before the Commission in connection with any matter to which such person as a member, officer, or employee of the Commission, or as an officer or employee of the United States, gave personal consideration or as to the facts of which such person gained personal knowledge during and by reason of his Government service, or (b) accept assistance from any such person in connection with any such matter, or (c) share fees with any such person in connection with such matter.

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State of
I,

----

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County of

-----, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will conduct myself according to law and the rules for the registration of persons entitled to practice before the United States Maritime Commission; that my conduct will be upright, without misrepresentation by concealment or otherwise, and such, so far as in my power, as will justify the confidence reposed in me by the Commission and its members, and by parties whom I may at any time represent, and as will promote and maintain respect for the United States, the Commission, and those who are entitled to practice before it.

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SUBCHAPTER B-REGULATIONS AFFECTING MARITIME CARRIERS

Part 221-Documentation, Transfer or Charter of Vessels

Sec. 221.6 Approval of certain sales, leases, charters, deliveries, or transfers of vessels of less than one thousand tons gross to aliens or agreements therefor; of transfer to foreign registry and flag; of contracts for construction of such vessels for aliens; and of the departure of such vessels from United States ports before United States documentation. 221.7 Approval of charters of certain vessels to aliens.

221.8 Conditional approval of charters of tank vessels to aliens.

221.11 Citizenship oath by owners or mortgagees of vessels of the United States, as required by section 40 of the Shipping Act, 1916, as amended. 221.12 Instances in which Subsection 0 (a)

does not apply.

AUTHORITY: 221.6 to 221.12 issued under sec. 19, 41 Stat. 995, sec. 204, 49 Stat. 1987, as amended; 40 U. S. C. 1114, 876. Interpret or apply sec. 9, 39 Stat. 730, as amended, sec.

37, 40 Stat. 901, as amended; 46 U. S. C. 808, 835. Other statutory provisions interpreted or applied are cited to text in parentheses.

§ 221.6 Approval of certain sales, leases, charters, deliveries, or transfers of vessels of less than one thousand tons gross to aliens or agreements therefor; of transfer to foreign registry and flag; of contracts for construction of such vessels for aliens; and of the departure of such vessels from United States ports before United States documentation. The United States Maritime Commission hereby approves, under section 37 of the Shipping Act, 1916, as amended (40 Stat. 901; 46 U. S. C. 835).

(a) The sale, mortgage, lease, charter, delivery, or transfer, and agreement for the sale, mortgage, lease, charter, delivery or transfer to any person not a citizen of the United States of any vessel or interest therein, owned in whole or in part by any person a citizen of the United 1 Approved Aug. 19, 1947.

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