the collector, assistant collector, or deputy collector in charge of marine work. (See paragraph (e) of this section.)

It is the port at which a vessel's permanent documents are issued, but it shall appear in all documents whether they are permanent or temporary.

(b) The owner of a vessel shall submit to the collector the designation of a home port for the vessel on customs Form 1319, signed as provided for in §3.13 (a). When the designation is filed with the collector at the port designated as the home port of the vessel, the designation shall be in duplicate. When the designation is filed with the collector at any port other than the port designated as the home port of the vessel, the designation shall be 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 home port an abstract of title on customs Form 1332, or customs Forms 1332 and 1332-A.

(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 satisfy 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) The collector, assistant collector, or deputy collector in charge of marine work may approve the designation of home port if:

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

(2) The designation is presented to the collector at the port where a temporary document is to be issued to the vessel or at the home port designated;

(3) The vessel has been previously documented and has not been since owned in whole or in part by a person not

a citizen of the United States nor placed under foreign registry or flag;

(4) 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, or the production of one or more of those instruments is waived as provided for in paragraph (f) of this section; and

(5) Orders of referees in bankruptcy appointing trustees in bankruptcy or court orders having the effect of transferring title covering each transfer by operation of law, if any, since the date of acquisition of title by the last owner of record are presented with the designation.

(f) The collector or assistant collector may waive the requirements for the production of a recordable instrument in the nature of a bill of sale covering any sale, gift, or conveyance (including a conveyance in trust) of such vessel since the date of acquisition of title by its last owner of record, if:

(1) The vessel has been previously documented and has not been since owned in whole or in part by a person not a citizen of the United States, nor placed under foreign registry or flag;

(2) The collector or assistant collector is satisfied that it is impracticable to furnish such instrument; and

(3) The owner produces an abstract of the title records of the United States Coast Guard covering any period in which the vessel has been numbered under the act of June 7, 1918, as amended (46 U. S. C. 288), or, if not so numbered, other evidence sufficient to satisfy the customs officer concerned that the owner has legal title to the vessel.

(g) If the designation of home port is approved as provided for in paragraph (e) 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 the collector is not authorized under this section to grant his approval, that officer shall transmit to the Bureau the original and all copies of the designation required by paragraph (b) of this section. If it is impracticable to establish the

complete chain of title by recordable bills of sale, the collector shall inform the Bureau of the facts and circumstances and shall state whether or not he is of the opinion that the applicant has legal title to the vessel. In addition, there shall be transmitted to the Bureau with the designation any statement required by paragraph (c) of this section. When approved, the original designation will be returned to the collector and, if the designation is submitted by the collector at a port other than the home port, the Bureau will forward a copy to the collector at the latter port.

(1) No officer or employee designated to grant approvals of designations of home ports shall approve, nor shall any collector forward to the Bureau for approval, 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 or with the receipt of the Bureau's approval of the designation. When a designation has been approved and the vessel is not so documented, the approval granted shall be canceled. The collector in subsequently transmitting a new designation by the same owner shall indicate in his remarks the date of the previous approval and that it was canceled because of failure to document the vessel.

(R. S. 4141, sec. 1, 43 Stat. 947, as amended; 46 U. S. C. 16, 17) [13 F. R. 7913, Dec. 18, 1948, as amended by T. D. 52155, 14 F. R. 885, Feb. 26, 1949; T. D. 52210, 14 F. R. 2232, May 5, 1949; T. D. 53336, 18 F. R. 5403, Sept. 9, 1953]

§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, 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 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:

(c) The master's oath required for the registry of a vessel if the master is within the district where the registry is to be made, or for the license or enrollment and license of a vessel in any case, shall be executed in the space provided therefor on customs Form 1258 or 1259. Such oath shall not be used for a renewal of license by endorsement.

(d) The master's oath for the renewal of a license shall be executed on customs Form 1280.

(R. S. 3114, as amended, 3115, as amended, 4139, as amended, 4142, 4159, 4161, 4214, as amended, 4312, 4314, as amended, 4320, as amended, 4325, as amended, 4328, as amended, 4330; 19 U. S. C. 257, 258, 46 U. S. C. 19, 20, 29, 31, 103, 252, 254, 262, 267, 270, 272) [18 F. R. 7914, Dec. 18, 1948]

documentation.

§3.19 Citizenship; (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, unincorporated 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 one of the States, and of which the president and all the managing directors are citizens of the United States. If no directors are authorized to act as managing directors, all the directors of the corporation shall

be considered to be managing directors for the purpose of this paragraph.

(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

(c) A vessel, although owned by a corporation which is not a citizen as defined

10"(a) Within the meaning of this chapter no corporation, partnership, or association 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 and managing directors are citizens of the United States 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)

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.

(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.

(R. S. 4131, as amended, 4132, as amended, secs. 2, 9, 39 Stat. 729, as amended, 730, as amended, sec. 4, 40 Stat. 901, as amended; 46 U. S. C. 11, 221, 802, 808, 835) [13 F. R. 7914, Dec. 18, 1948, as amended by T. D. 53399, 18 F. R. 8686, Dec. 24, 1953]

§ 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.

(6) An active commission in the United States Army or a reserve component thereof issued prior to May 26, 1942.

(7) A license as master, mate, engineer, or pilot issued by the Coast Guard, or a license as master, mate, engineer, or pilot issued by the former Bureau of Marine Inspection and Navigation when such license shows on the back thereof that satisfactory evidence of citizenship of the holder was produced at the time of the issuance of such license.

(8) A certificate of registry as staff officer.

(9) A continuous discharge book or certificate of identification issued by the Coast Guard which shows that the holder is an American citizen, or a continuous discharge book or certificate of identification issued by the former Bureau of Marine Inspection and Navigation which shows the holder is an American citizen, provided the records of that Bureau (now maintained by the Coast Guard) indicate that the holder of such continuous discharge book or certificate of identification has produced satisfactory evidence of his citizenship.

(10) A delayed certificate of birth. If an applicant claiming to be a citizen of the United States submits a delayed certificate of birth which has been issued in accordance with the procedure outlined in the Manual of Uniform Procedure for the Delayed Registration of Births and recites on its face the evidence upon which it has been granted, it may be accepted as prima facie evidence of citizenship in the absence of any collateral facts indicating fraud in its procurement. In order to receive consideration as a delayed certificate of birth, the certificate shall have been is

12 This manual was issued by the Department of Commerce on July 16, 1941, and was filed with the Division of the Federal Register.

sued strictly in accordance with the provisions of the manual above referred to. Any delayed birth certificate not so issued shall be given consideration but shall not necessarily be considered prima facie evidence of citizenship.

(11) If none of the foregoing requirements can be met by the applicant, he shall make a statement to that effect, and, in an attempt to establish citizenship, he may submit for consideration data of the following character:

(1) Report of the Census Bureau showing the earliest record of age or birth available. Request for such information shall be addressed to the Director of the Census, Washington 25, D. C. In making such request, definite information must be furnished the Census Bureau as to the place of residence when the first census was taken after birth of the applicant, giving the name of the street and number of the house, or the names of the cross streets between which the house was located if residing in a city; or the name of the town, township, precinct, magisterial district, militia district, beat or election district, if residing in the country; also the names of parents, or the names of other persons with whom residing on the date specified.

(ii) Declarations of fact by parents or relatives; declarations by two or more responsible citizens of the United States stating facts of which they have knowledge tending to establish the applicant's citizenship; school records; immigration records; or insurance policies.

(R. S. 4142, 4144, 4313; 46 U. S. C. 19, 22, 253) [13 F. R. 7914, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§ 3.21 Execution of oaths for documentation. (a) If the vessel be owned by one individual, the oath shall be taken by him or by his duly authorized agent.

(b) If the vessel be owned by several individuals or a firm or unincorporated company, the oath shall be taken by the managing owner or a member of the firm who shall specify the names and places of abode of, and except in the case of a partnership the proportions of the vessel owned by, each of the others, and shall certify to their citizenship.

13 Census records are available for the following years: 1860, 1870. 1880, 1900, 1910. 1920, 1930, and 1940. Records for 1890 are not available.

(c) If the vessel be owned by a corporation, the oath shall be taken by its president, its secretary, or by any other officer or agent thereof duly authorized by a writing under the corporate seal to act in its behalf. Such officer or agent shall also furnish a certificate as to the organization of the corporation and the names of its president and managing directors.

(d) In all cases where there is more than one owner, the proportions owned by each shall be stated in the oath.

(e) The oath of the owner or of the master required for documentation may be taken before a collector of customs or before any officer authorized by the laws of a state to administer oaths generally. If the oath is not taken before the collector, it may be mailed to him. (Sec. 1, 61 Stat. 633, as amended, 44 Stat. 830, R. S. 4138, 4142, 4139, as amended, 4143, 4144, 4163, 4314, as amended, 4320, as amended; 1 U. S. C. 1, 5 U. S. C. 92a, 46 U. S. C. 16, 19-22, 33, 254, 262) [13 F. R. 7915, Dec. 18, 1948]

§3.22 Issue and record of marine documents. (a) An exact copy of each marine document issued by a collector of customs shall be placed in a permanent record kept for that purpose and a proper index made thereof on customs Form 1241 (on customs Form 2112 at the port of New York).

(b) At the time application is made for a new document, any former document of the vessel shall be surrendered to the collector to whom the application is made, unless the former document has been lost, mutilated, destroyed, or unintentionally mislaid. (See § 3.31.)

(c) On proof that any vessel has been sold or transferred by process of law and that her former owner has retained the marine document, the collector at the vessel's home port may grant a new document and shall not refuse to issue such a document merely because the last document is retained by the former owner. In any such case, the new owner shall not be required to produce and surrender the former document, but the issuance of the new document does not remove the liability of the holder of the former document for failure to surrender it.

(d) Upon any change in the address of an owner as shown upon a marine

document, a prompt report, giving both the old and the new addresses, shall be made to the collector of customs at the vessel's home port and the marine document shall be presented for amendment of the address to any collector of customs at the first opportunity.

(e) No document shall be issued to any vessel prior to the receipt by the collector of the approval of the designation of the home port by or on behalf of the owner in whose name the document is to be issued.

(f) When a document is issued to a vessel on the Great Lakes, it shall be delivered by the collector in a special envelope, customs Form 1503. When a document is issued to a vessel elsewhere than on the Great Lakes, it shall be delivered in a special envelope, customs Form 1502. In the case of the issuance of any document other than a register or an enrollment and license on customs Form 1276, the date upon which the license for the vessel will expire shall be noted plainly on the face of the envelope.

(R. S. 4141, sec. 1, 43 Stat. 947, R. S. 4155, as amended, 4164, as amended, 4176, 4314, as amended, 4319, as amended, 4329, as amended; 46 U. S. C. 17, 18, 25, 34, 44, 254, 259, 271) [13 F. R. 7915, Dec. 18, 1948, as amended by T. D. 52210, 14 F. R. 2233, May 5, 1949; T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§ 3.23 Permanent documentation of vessel absent from home port. (a) A permanent document may be issued to any vessel absent from her home port upon application to the collector for the home port through the office of the collector at the port where the vessel shall be. In such case, all requirements which would be applicable if the vessel were at her home port shall be met at the port where she is before the application is forwarded, except that the owner's and master's oaths may be executed at the home port.

(b) The collector through whom application was made shall forward a certificate on customs Form 1301 to the collector at the vessel's home port, who shall issue a permanent document and deliver the document either directly or through the collector through whom the application was received.

(Sec. 486, 46 Stat. 725, as amended, R. S. 4328, as amended; 19 U. S. C. 1486, 46 U. S. C. 270) [13 F. R. 7915, Dec. 18, 1948]