tion shall contain the further warranties that at all times the vessel will remain eligible within its applicable category and that the insured vessel will be made available for use by the U.S. Government pursuant to the signed Contract of Commitment submitted with the insurance application as required by the Maritime Administration. Applications in these categories shall also be accompanied by a certified copy of any official action or approval which may be required by the government of the country of registry as a prerequisite to the execution of a Contract of Commitment with the United States.

(f) Applications for insurance on a vessel in category (c) shall contain a warranty that at all times the vessel will remain in the approved service.

(g) An application for insurance on each vessel in categories (b)(1) and (b) (2) shall be accompanied by an executed Contract of Commitment (in triplicate), in form as prescribed in § 308.5. On a vessel in either category, the applicant is also required to agree that any charter or other contract covering the use of the vessel during the period of the binder and any insurance attaching thereunder shall be subject to termination or suspension without notice in the event the United States requires the use of the vessel under the voluntary Contract of Commitment submitted by the applicant. With respect to a vessel in category (b) (2), the application shall be jointly executed by both the owner and charterer. In the event the vessel is determined to be ineligible under the terms of this revised order, the applicants will be so advised and the executed Contract of Commitment returned by the Maritime Administration.

(h) In addition to the executed Contract of Commitment, an application for insurance on a vessel in category (b) (1) shall also be supported by citizenship certificate(s) in duplicate, in form as prescribed in § 308.4 establishing majority ownership and control of the vesselowning corporation by U.S. citizens, whether direct or through intervening corporations, as specified in §§ 308.101, 308.201, and 308.301.

(1) An application for insurance on a vessel in category (b) (2) shall be jointly submitted by the owner and charterer, and in addition to the executed Contract of Commitment, shall also be supported by a copy of the long-term charter or

other long-term contract covering the use of the vessel and all addenda, certified to be full and complete copies (except as to rate of hire or freight); and citizenship certificate(s) in duplicate, in form as prescribed in § 308.4, establishing majority ownership and control of the charterer by U.S. citizens, whether direct or through intervening corporations as specified in §§ 308.101, 308.201, and 308.301. The charterer shall also furnish the Maritime Administration with a certified copy of any subsequent amendments to such charter.

(j) With respect to a vessel considered to be under category (c) the applicant shall first submit a statement in quadruplicate describing the service of the vessel and containing the reasons such service is considered by the applicant to be in the interest of the national defense or the national economy of the United States. If the requisite finding is made by the Maritime Administrator with respect to such service, the applicant shall thereafter submit an application in form as prescribed in §§ 308.101, 308.201, and 308.301 attaching thereto a copy of the statement of service previously submitted. If, thereafter, there is a change in flag or service, a new statement of service must be submitted by applicant for the purpose of obtaining a further finding as to such new service, prior to the filing of a new application for insurance on such vessel.

(k) All insurance applications covering category (a) vessels shall be made in duplicate to the American War Risk Agency, 99 John Street, New York, New York, 10038, Underwriting Agent for the Maritime Administration, as prescribed in § 308.101 (War Risk Hull Insurance), § 308.201 (War Risk P & I Insurance) and § 308.301 (Second Seamen's War Risk Insurance).

(1) All other insurance applications shall be made in triplicate to the Division of Insurance, U.S. Maritime Administration, Washington, D.C., 20235.

(m) All requests for changes to binders and inquiries relative to the insurance after the interim binders have been issued shall be directed to the American War Risk Agency in New York, at the above address.

(n) A check payable to the "Maritime Adm.-Commerce," for the total amount of all binding fees payable by each applicant shall accompany the applications. Binding fees are not returnable unless applications are rejected.

(0) Copies of insurance applications and the certificate prescribed for use in establishing citizenship, and the Contract of Commitment, may be obtained from the Underwriting Agent, in New York at the above address, and from the Maritime Administration, Washington, D.C.

[G.O. 75, 2d Rev., 26 F.R. 4541, May 26, 1961, as amended at 26 F.R. 5880, June 30, 1961] § 308.4 Form of certificate of citizenship.

Certificates of citizenship in the following form shall be submitted in duplicate:

(Give sequence of majority ownership and control by all owning or controlling corporations or other owners, if any, and furnish full information as to each; if above space is not adequate, continue on back of this Form)

a corporation organized and existing under the laws of the State of

(Where incorporated) the majority (51% or more) of the stock of which corporation is owned and controlled by citizens of the United States;

That of the stock interests shown above to be owned and controlled by United States citizens, none is held beneficially for a noncitizen.

NOTE: The United States Criminal Code makes it a criminal offense for any person knowingly to make a false statement or representation to, or to conceal a material fact from, any department or agency of the United States as to any matter within its Jurisdiction (18 U.S.C. 1001), or to file a false, fictitious or fraudulent claim against the United States (18 U.S.C. 287).

(Certificates of Citizenship to be submitted, in duplicate, with insurance application.) § 308.5 Form of voluntary Contract of Commitment.

All applications for insurance under category (b) (1) shall be accompanied by an executed Contract of Commitment, in triplicate, in the following form, executed by the vessel owner. This same form of contract (adapted to include both the vessel owner and the long-term charterer as signatories) shall be jointly executed by the owner and charterer, in triplicate, and submitted with applications for insurance under category (b)(2). All Contracts of Commitment shall be executed and submitted on standard contract forms which may be obtained from the Underwriting Agent, American War Risk Agency, 99 John Street, New York, New York, 10038, or from the U.S. Maritime Administration, Washington, D.C., 20235. (Note: effective date of Contract of Commitment will be the effective date of the binder and will be inserted by the Maritime Administration.)

Contract MA.

OWNER'S CONTRACT OF COMMITMENT (Pan-Hon-Lib vessels)

This agreement, made as of

19. by and between the United States of America, acting by and through the Department of Commerce, Maritime Administration or its successor (herein called the "United States"), and -----, a corporation organized and existing under the laws of (herein called the "Owner"), and having its principal place of business at

WITNESSETH

Whereas, on November 23, 1959, the Maritime Administrator found that vessels in certain categories under Panamanian, Honduran or Liberian registry are engaged in services deemed to be in the interest of the national defense of the United States, and

Whereas, by reason of the aforesaid finding, such vessels became eligible for interim war risk insurance as authorized by the

Maritime Administration on September 28, 1959 (24 F.R. 8093), pursuant to Title XII, Merchant Marine Act, 1936, as amended, provided such vessels maintain their eligibility at all times in compliance with the requirements of the Maritime Administration under General Order 75, as amended, including inter alia the requirement that the ship-owning corporation or the longterm charterer shall be majority-owned and controlled by United States citizens, and that such vessel shall be made available to the United States upon request in the event of national emergency, as described in Article (1) hereof, pursuant to a voluntary Contract of Commitment, and

Whereas, the Owner has applied for interim war risk insurance on the SS (hereinafter called the "Vessel”),

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Whereas, based upon the representations and warranties contained in the Owner's application for interim war risk insurance, it has been determined that the Vessel qualifies for such insurance within the eligibility category designated by the Owner, and the parties hereto desire to enter into a voluntary Contract of Commitment covering availability of such Vessel to the United States in the event of national emergency as described in Article (1) hereof;

Now therefore, in consideration of the premises and other good and valuable considerations hereinafter set forth, the parties hereto mutually agree as follows:

(1) The Owner hereby commits itself to make the Vessel available to the United States during any period in which vessels may be requisitioned under section 902 of the Merchant Marine Act, 1936, as amended, 1.e., whenever the President of the United States of America shall proclaim that the security of the national defense makes it advisable or during any national emergency which may have been declared by proclamation of the President of the United States, and expressly agrees that any charter or other contract covering the use of the Vessel during the period covered by the interim war risk insurance binder and the period of any insurance attaching thereunder shall be subject to termination or suspension without notice in the event the United States requests the use of the Vessel under this voluntary Contract of Commitment.

(2) Upon the request of the United States, acting through the Department of Commerce, Maritime Administration, or its successor, or through the Department of the Navy, pursuant to authorization from the Department of Commerce, Maritime Administration, the Vessels shall be made available as directed by such Department, wherever the Vessel may then be, whether at sea or in port, at the option of such Department,

for purchase or for use (under a time or bareboat form of charter) for such period or periods of time as required by the United States.

(3) In the event the Department of the Navy exercises the authority referred to in Article (2) above, it is understood that (a) if time permits, the Maritime Administrator, upon advice by the Chief of Naval Operations, will notify the Owner and also the Master of the Vessel to make the Vessel available to Naval authority, and will also direct the Master to report to the appropriate Naval Commander for operational control or (b) if time does not permit, and the Senior Naval Commander in or for the area or his authorized representative shall have found it necessary, he will take immediate operational control of the Vessel, after which the Maritime Administrator, upon receipt of advice of such action from the Chief of Naval Operations, will confirm such action to the Owner and also to the Master; with such confirmation to be retroactive to and effective as of the day and hour when control was assumed by the Naval authorities.

(4) As soon as practicable after the United States has assumed operational control of the Vessel as aforesaid, either through the Maritime Administration directly, or through the Department of the Navy, the Maritime Administration will tender to the Owner an agreement containing the same terms and conditions upon which a vessel of the United States could be requisitioned for purchase or charter in accordance with the applicable provisions of section 902(a), Merchant Marine Act, 1936, as amended.

(5) This voluntary Contract of Commitment is not intended, nor shall it be deemed, to affect or modify in any respect the terms and obligations contained in any other agreement or contract of whatsoever nature under which the Vessel is or may hereafter become separately committed to the use of the United States during the period described in Article (1) hereof.

(6) Subject to the various warranties, agreements and representations of the Owner as contained in the Owner's application for interim war risk insurance, submitted with this Contract, the United States hereby undertakes and agrees to provide such war risk insurance on the Vessel pursuant to regulations published in the FEDERAL REG(General Order 75), as amended from time to time.

ISTER

(7) It is the intention and understanding of the parties hereto that the period of this Contract of Commitment shall be coextensive with the period of the interim war risk insurance binder and any insurance issued thereunder.

In witness whereof, this voluntary Contract of Commitment has been executed in triplicate by the United States on the

§ 308.6 Period of interim binders and renewal procedure.

(a) All interim binders issued in accordance with Subparts B, C, and D of this part and expiring midnight, September 7, 1969, G.m.t. are eligible for renewal, upon compliance with the requirements set forth in this part, upon the payment of binding fees as prescribed and the filing of applications in form as prescribed in §§ 308.101, 308.201, and 308.301 (standard forms of applications to be used for renewal). Applications shall be accompanied by a statement in triplicate, which sets forth the former binder number, the name of the vessel and official number and a list of the documents previously submitted with a certification of their completeness and accuracy as of the date of reapplication. In the event any previously submitted documents are no longer complete and accurate, as required, or if any required document(s) was not previously submitted, said document(s) must be submitted, attached to this statement and accompany the renewal application(s).

(b) The binders as set forth in §§ 308.106, 308.206, and 308.305, may be terminated by the assured, on written request, as of the date of receipt of such

request by the Maritime Administration, Division of Insurance, Washington, D.C., 20235, provided insurance has not attached.

(c) All interim binders, subject to determination of eligibility by the Maritime Administration (as required) shall become effective as of the date of receipt by the Maritime Administration or its Underwriting Agent of the proper applications with necessary attachments (as specified in § 308.3) and check for the binding fees prescribed.

(d) (1) An interim binder that became effective prior to midnight, September 7, 1965, G.m.t., shall remain in effect until midnight, September 7, 1970, G.m.t., unless insurance thereunder shall have attached prior to that date and provided that payment of an additional binder fee in the amount specified in § 308.102, § 308.202, or § 308.302, is received by the American War Risk Agency, 99 John Street, New York, N.Y. 10038, prior to September 8, 1969. Checks in payment of the binder fees should be made payable to "Maritime Adm.-Commerce" and should be accompanied by the name of the vessel, its official number, and the war risk binder number.

(2) An interim binder that became effective prior to August 15, 1969, but after midnight, September 7, 1965, G.m.t., shall remain in effect until midnight, September 7, 1970, G.m.t., unless insurance thereunder shall have attached prior to that date.

(3) Interim binders will be issued on and after August 15, 1969, upon payment of the binder fees set forth in § 308.102, § 308.202, and § 308.302. Such binders will automatically expire at midnight, September 7, 1970, G.m.t., unless insurance thereunder shall have attached prior to that date.

[G.O. 75, 2nd Rev., 26 F.R. 4541, May 26, 1961, as amended by Amdt. 19, 34 F.R. 2309, Feb. 18, 1969; Amdt. 20, 34 F.R. 13278, Aug. 15, 1969]

§ 308.7 Premiums and payment thereof.

Rate to be fixed promptly upon the happening of the event causing the "American Institute War Risks and Strikes and Automatic Termination and Cancellation Clauses (Time)-Hulls(March 7, 1961)" of any war risk policies to become operative and premium shall be payable within ten days after receipt of notice of the amount thereof by the assured. Premiums shall be paid to the Underwriting Agent that issued

the binders by check payable to the order of "Maritime Adm.-Commerce." In the event that it is subsequently determined that insurance under interim binders did not attach, premiums paid will be refunded by the Maritime Administrator. § 308.8

War risk insurance underwriting agency agreement.

The following is the standard form of underwriting agency agreement applicable with respect to agreements made after June 7, 1961, which will be executed by the Maritime Administrator and domestic insurance companies or groups of domestic insurance companies authorized to do a marine insurance business in any States of the United States, appointing such companies or groups of companies as Underwriting Agents to issue binders and policies covering hull, protection and indemnity, and Second Seamen's war risk insurance under Subparts B, C, and D of this part:

Form MA-355 (Revised 5-61)

UNITED STATES OF AMERICA

DEPARTMENT OF COMMERCE

MARITIME ADMINISTRATION

UNDERWRITING AGENCY AGREEMENT

day of

----)

This Agreement, made and entered into this 19, by and between the United States of America (herein called the "United States"), acting by the Secretary of Commerce (herein called the "Secretary"), represented by the Maritime Administrator (herein called the "Administrator"), and (herein called

the "Underwriting Agent"), having an office for the transaction of business at

an association of domestic insurance companies (herein called the "Participating Members"), each of which is authorized to do a marine insurance business in a State of the United States.

WITNESSETH

Whereas, pursuant to Title XII of the Merchant Marine Act, 1936, as amended (herein called the "act"), the Secretary is authorized under certain circumstances to provide marine insurance and reinsurance against loss or damage by the risks of war, and to employ domestic companies or groups of domestic companies authorized to do a marine insurance business in any State of the United States to act as his Underwriting Agent; and

Whereas, the Secretary has delegated authority to the Administrator to perform the functions vested in the Secretary by title XII of the act (Section 8.01, subsection 3 of

Department Order No. 117 (Revised), published in the FEDERAL REGISTER July 21, 1960, 25 F.R. 6934); and

Whereas, the Administrator has determined to employ the Underwriting Agent as an underwriting agent in providing war risk insurance as set forth in paragraphs (a), (c), (d), (e), and (f) of section 1203 of the act upon the terms and conditions herein set forth:

Now, therefore, in consideration of the premises and of the mutual covenants and agreements, and upon the terms and conditions herein set forth, the parties hereto agree as follows:

1. Appointment of agent. The Administrator hereby authorizes the Underwriting Agent, as an agent acting on behalf of the Administrator and not as an independent contractor, to utilize its offices and facilities to make available the insurance which the Secretary is authorized to provide pursuant to paragraphs (a), (c), (d), (e), and (f) of section 1203 of the act and to perform the functions hereinafter provided for, upon the terms and conditions hereinafter set forth and in accordance with the rules, regulations and instructions which will be issued from time to time to the Underwriting Agent by the Administrator. The Underwriting Agent hereby agrees to utilize its offices and facilities to make such insurance available, as agent for the Administrator, and to perform the functions hereinafter provided for to the best of its ability. The Underwriting Agent may act through its home office, branch offices or agencies which are authorized to write insurance on its behalf.

2. Duties of agent. The duties of the Underwriting Agent shall be as follows:

(a) Receive applications and issue binders and policies. The Underwriting Agent shall receive applications for insurance, subject to the rates and conditions specified by the Administrator upon forms prescribed by the Administrator. After determining that the applications have been submitted in complete and proper form and are accompanied by remittances in the amount of the premiums required for the insurance applied for, the Underwriting Agent shall countersign binders or policies of insurance, or both binders and policies of insurance, subject to the rules, rates, terms and conditions specified by the Administrator on forms prescribed by the Administrator. The insurer under such policies shall be the United States.

(b) Keep records. The Underwriting Agent shall keep a full and complete record of all applications, binders, and policies, and shall also record all premiums, charges or deposits required by the terms of the binders and policies, so that a record may be available at all times to the Administrator, both as to all applications received and all binders and policies issued, and as to all payments made by the assured in connection with such binders and policies.