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is, the same proceedings shall be had as are required by law at the vessel's home port, except that the bill of sale shall not be recorded at the port where the vessel is. If the bill of sale is presented to the collector at the port where the temporary document is issued, it shall be noted on his record and then forwarded to the collector at the home port designated by the new owner. The recording fees shall be collected by the issuing collector and forwarded with the bill of sale to the collector at such home port.

(d) The bill of sale shall be recorded by the collector at the home port designated by the new owner, but only after that collector has received from the collector at the former home port and recorded the abstract of title of the vessel as required by § 3.33 (m).

(e) The temporary document shall be surrendered within 10 days after the arrival of the vessel within the district to which she belongs.

(R. S. 4159, 4160, sec. 30, subsecs. C, H, W, 41 Stat. 1000, 1002, 1006, as amended, sec. 2, 43 Stat. 948; 46 U. S. C. 29, 30, 921, 926, 983, 1012)

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(a) A documented vessel which, while outside the limits of a customs collection district of the United States and not in any port designated as a port of documentation outside any such district, is sold or transferred in whole or in part to a citizen of the United States may be documented anew as a vessel of the United States at the port designated as the vessel's home port by the new owner or owners in accordance with the requirements of § 3.17 of this part. Such a document shall be issued upon compliance with all the applicable requirements contained in this part, and upon surrender of the previous document at the new home port except that (1) any document so issued shall be a permanent document and (2) the document may be issued without first requiring surrender of the outstanding document to the collector in a case in which the vessel is at sea at the time. In such latter case, the new document shall be forwarded to the United States foreign service officer at the vessel's foreign port of call or the collector of customs at a domestic port of call upon request of the owner or his agent. The foreign service officer or the collector of customs to whom the new document is forwarded shall deliver that document to the vessel upon the vessel's

arrival in port and upon surrender of the previous document, which shall be forwarded by that officer to the collector at the vessel's home port.

(b) A documented vessel which has been sold or transferred in whole or in part to a citizen while abroad and which is not redocumented under paragraph (a) of this section shall nevertheless be entitled on her first arrival thereafter to all the privileges of a vessel of the United States. (R.S. 4166, as amended; 46 U.S.C. 35.)

(R.S. 161, section 2, 23 Stat. 118, as amended; 5 U.S.C. 22, 46 U.S.C. 2)

§ 3.36

Sale or charter to an alien.

(a) When a documented vessel is sold in whole or in part, even in trust or confidence, to one who is not a citizen, its document shall be delivered (1) within 7 days after the sale to the collector at the port where the vessel is, if it is in the United States, or (2) within 8 days after the first arrival of the master in the United States to the collector at the port of his first arrival, if the vessel is at sea or not in the United States at the time of sale.23

(b) The master and all watch officers of a documented vessel chartered to one who is not a citizen 23 shall be citizens. (R. S. 4146, as amended, 4172, sec. 9, 39 Stat. 730, as amended; 46 U. S. C. 23, 41, 808)

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23 See footnote 21, § 3.32.

24"(a) A valid mortgage which at the time it is made, includes the whole of any vessel of the United States (other than a towboat. barge, scow, lighter, car float, canal boat, or tank vessel, of less than twenty-five gross tons), shall, in addition, have, in respect to such vessel and as of the date of the compliance with all the provisions of this subsection, the preferred status given by the provisions of section 953 of this title, if

"(1) The mortgage is endorsed upon the vessel's documents in accordance with the provisions of this section;

"(2) The mortgage is recorded as provided in section 921 of this title, together with the time and date when the mortgage is so endorsed;

"(3) An affidavit is filled with the record of such mortgage to the effect that the mort

of less than twenty-five gross tons 244 which is a towboat (including tugs and other vessels used for towing), barge, scow, lighter, car float, canal boat, or tank vessel. It may cover more than one vessel, but may not be limited to a part of any vessel.

essage is made in good faith and without any design to hinder, delay, or defraud any existing or future creditor of the mortgagor or any lienor of the mortgaged vessel;

"(4) The mortgage does not stipulate that the mortgagee waives the preferred status thereof; and

(5) The mortgagee is a citizen of the United States and for the purposes of this section the Reconstruction Finance Corporation shall, in addition to those designated In sections 888 and 802 of this title, be deemed a citizen of the United States,

"(b) Any mortgage which complies in respect to any vessel with the conditions enumerated in this section is hereafter in this chapter called a 'preferred mortgage' as to such vessel.

"(c) There shall be indorsed upon the documents of a vessel covered by a preferred mortgage

"(1) The names of the mortgagor and mortgagee;

"(2) The time and date the indorsement is made:

"(3) The amount and date of maturity of the mortgage; and

"(4) Any amount required to be indorsed by the provisions of subdivision (e) or (f) of this section.

"(d) Such indorsement shall be made (1) by the collector of customs of the port of documentation of the mortgaged vessel, or (2) by the collector of customs of any port in which the vessel is found, if such collector Is directed to make the indorsement by the collector of customs of the port of documentation; and no clearance shall be issued to the vessel until such indorsement is made. The collector of customs of the port of documentation shall give such direction by wire or letter at the request of the mortgagee and upon the tender of the cost of communication of such direction. Whenever any new document is issued for the vessel, such indorsement shall be transferred to and indorsed upon the new document by the collector of customs.

"(e) A mortgage which includes property other than a vessel shall not be held a preferred mortgage unless the mortgage provides for the separate discharge of such property by the payment of a specified portion of the mortgage indebtedness. If a preferred mortage so provides for the separate discharge, the amount of the portion of such payment shall be indorsed upon the documents of the Tessel.

"(f) If a preferred mortgage includes more than one vessel and provides for the separate discharge of each vessel by the payment of a

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portion of the mortgage indebtedness, the amount of such portion of such payment shall be indorsed upon the documents of the vessel. In case such mortgage does not provide for the separate discharge of a vessel and the vessel is to be sold upon the order of a district court of the United States in a suit in rem in admiralty, the court shall determine the portion of the mortgage indebtedness increased by 20 per centum (1) which, in the opinion of the court, the approximate value of the vessel bears to the approximate value of all the vessels covered by the mortgage, and (2) upon the payment of which the vessel shall be discharged from the mortgage." (46 U. S. C. 922)

24a Section 1(b), Public Law 87-303, approved September 26, 1961 (75 Stat. 661), provides that the amendment reducing the minimum tonnage for preferred mortgages on certain classes of vessels from 200 to 25 gross tons under subsection (D) of the Ship Mortgage Act, 1920, as amended (46 U.S.C. 922), shall not apply to (1) any mortgage in existence on the date of enactment or (2) any mortgage placed on a vessel after the date of enacement under a mortgage on such vessel in existence on the date of enactment so long as such existing mortgage remains undischarged.

25 "The collector of customs upon the recording of a preferred mortgage shall deliver two certified copies thereof to the mortgagor who shall place, and use due diligence to retain, one copy on board the mortgaged vessel and cause such copy and the documents of the vessel to be exhibited by the master to any person having business with the vessel, which may give rise to a maritime lien upon the vessel or to the sale, convey

The original shall be returned to the mortgagee and a receipt obtained.

(b) The affidavit of the mortgagor required by subsection D (a) (3), of the Ship Mortgage Act, 1920," if not included in the mortgage, shall be presented with each preferred mortgage submitted for recording and shall be retained by the collector." Any acknowledgment of such affidavit valid under the laws of the State where made may be accepted.

(c) No vessel covered by a preferred mortgage shall be granted clearance at any port until the preferred mortgage endorsement required by subsection D (c) of the Ship Mortgage Act, 1920," has been placed on her marine document.

(d) In addition to the matters required by § 3.33 (c), the collector shall note on the index on customs Form 1332, continued if necessary on customs Form 1332-A, the day, hour, and minute that (1) the proposed mortgage endorsement is placed on the marine document, and (2) such notation was made on the index.

(e) When a marine document bearing a preferred mortgage endorsement is surrendered 29 and a new document is issued before the mortgage is satisfied or the vessel released, the endorsement shall be placed on the new document.

(f) For the purposes of this section an assignment, amendment, assumption, or novation of a preferred mortgage shall be regarded in all respects as a new preferred mortgage. The preferred mortgage endorsement respecting the recording of such an assignment, amendment, assumption, or novation shall be entered on the marine document of the vessel by a notation along the left-hand margin of the original endorsement. Such notation shall specify the date, port, time of endorsement, and nature of the instrument. If the instrument is an amendment, the items amended shall be shown in the notation; if other than an amendment, the names of the new parties shall

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be shown. If the endorsement is mad at the request of a customs officer at an other port, the title of the requesting officer and the name of the port shall b shown.

(g) A notice of claim of lien upon vessel shall be recorded only if the vesse is covered by a preferred mortgage and if the notice has been acknowledged. Any acknowledgment valid under th laws of the State where made may b accepted. No customs officer or em ployee is authorized by section 486, Tarif Act of 1930, or Customs Delegation Orde No. 2 (T. D. 53195, 18 F. R. 832), to tak such acknowledgments.

(h) Each notice of claim of lien and certificate of discharge of lien presented to a collector shall be recorded in a book to be kept for that purpose and indexed on customs Form 1332, continued i necessary on customs Form 1332-A.

(1) When a preferred mortgage ha been discharged in whole or in part and a certificate of such discharge has been filed with the collector of customs at the home port of any vessel covered by the discharge, the collector at the home port, or the collector at the port where the vessel is, at the direction of the collector at the home port, shall endorse the fact of such discharge upon the document of the vessel. No clearance shall be granted to such vessel until such endorsement has been made."

30 "The collector of customs of the port o documentation shall, upon the request a any person, record notice of his claim of i lien upon a vessel covered by a preferre mortgage, together with the nature, date o creation, and amount of the lien, and th name and address of the person. Any per son who has caused notice of his claim o llen to be so recorded shall, upon a discharg in whole or in part of the indebtedness forthwith file with the collector of customs certificate of such discharge. The collecto of customs shall thereupon record the cer tificate." (46 U. S. C. 925 (a))

31 "The mortgagor, upon a discharge 1 whole or in part of the mortgage indebted ness, shall forthwith file with the collector d customs for the port of documentation of th vessel, a certificate of such discharge. Sud collector of customs shall thereupon recor the certificate. In case of a vessel covere by a preferred mortgage, the collector of cus toms at the port of documentation shall (1 indorse upon the documents of the vessel, a direct the collector of customs at any por in which the vessel is found, to so indorse the fact of such discharge, and (2) shall den clearance to the vessel until such indorse ment is made." (46 U. S. C. 925 (b))

(Sec. 30, subsecs. C, D, E, G, H, O, W, 41 Stat. 21000, as amended, 1001, 1002, 1004, as

amended, 1006; 46 U. S. C. 921-923, 925, 926, 961, 983) [28 F.R. 14575, Dec. 31, 1963, as amended by T.D. 56246, 29 F.R. 12426, Aug. 29. 1964; 29 F.R. 12555, Sept. 3, 1964]

3.39 Certificate of ownership.

The certificate of ownership provided for in subsection I of the Ship Mortgage er Act, 1920, shall be executed on customs Form 1330.

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TE 3.40

C

Frontier enrollment and license.

(a) Vessels under frontier enrollment and license" may engage in foreign or Coastwise trade or the fisheries in waters covered by the license.

(b) In similar cases frontier enrollmoments shall bear the same endorsements eas are placed on registers. When the 4 endorsement required by § 3.2(d) (1), or 3.2(f) is placed on a frontier enrollment and license, the word "Coasting" in the license shall be deleted, and the word "Fisheries" inserted in lieu thereof. When the endorsement required by 13.2(e) is placed on a frontier enroll

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"Each collector of customs shall permit records made under the provisions of this chapter to be inspected during office hours, under such reasonable regulations as the collector may establish. Upon the request of any person the collector of customs shall furnish him from the records of the collector's office (1) a certificate setting forth the names of the owners of any vessel, the interest held by each owner, and the material facts as to any bill of sale or conveyance of, any mortgage covering, or any lien or other incumbrance upon, a specified vessel, (2) a certified copy of any bill of sale, conveyance, mortgage, notice of claim of lien, or certificate of discharge in respect to such vessel, or (3) a certed copy as required by subdivision (c) of section 926 of this title. " (46 D. S. C 927)

See § 4.98 of this chapter for fees to be Collected.

(Sec. 30. subsecs. I, W, 41 Stat. 1002, 1006; 46 S.C. 927, 983)

23

"Any vessel of the United States, naviating the waters on the northern, northastern, and northwestern frontiers, otherise than by sea shall be enrolled and liensed in such form as other vessels; such rollment and license shall authorize any auch vessel to be employed either in the Casting or foreign trade on such frontiers, And no certificate of registry shall be required for vessels so employed. Such vessel shall be, in every other respect, liable to the regulations and penalties relating to registered and licensed vessels." (46 U. S. C. 258)

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ment and license, the words "and Foreign" in the license shall be deleted.

(c) A foreign-built vessel which is owned by a citizen but which was not so owned and documented prior to February 1, 1920, or which was not owned by the United States on June 5, 1920, shall not be granted a frontier enrollment and license, but shall be registered. (See § 3.42 (f).)

(d) A yacht of less than 20 net tons enrolled and licensed to navigate the waters of the northern, northeastern, and northwestern frontiers otherwise than by sea shall not be required to surrender its enrollment and license and obtain a license when proceeding to ports in the United States, its Territories, or possessions, whether by sea or otherwise. (R.S. 4318, as amended, 4321, as amended, 72 Stat. 1736; 46 U.S.C. 258, 263, 883-1) §3.41 Transfer from frontier enrollment and license.

(a) Except as stated in § 3.40 (d), when a vessel under frontier enrollment and license is to proceed to sea, directly or by way of an intermediate port, the vessel shall be required to surrender the frontier document. It may be issued a register if bound on a foreign voyage partly by sea, unless it is a vessel owned by a corporation which is a citizen of the United States as defined in § 3.19(a) (4) (see §§ 3.2(e) and 3.10), or, if qualified, may be issued an enrollment and license when proceeding from one United States port to another by way of the St. Lawrence River and the sea without touching at any foreign port. A vessel is not considered to have touched at a foreign port by reason of being boarded by Canadian authorities for the purposes of inspecting the vessel and taking a passing report, provided that no business is transacted at the port or place of boarding. A vessel under frontier enrollment and license may retain that document when proceeding by way of the Hudson River to any United States port without going to sea.

(b) The collector at a seaport may issue a frontier enrollment and license. (R.S. 251, 4318, as amended, sec. 27A, 72 Stat. 1736; 19 U.S.C. 66, 46 U.S.C. 258, 883-1) § 3.42 Registry of foreign-built vessels.

(a) The application on customs Form 1320 for an official number for a foreignbuilt vessel (class 9) shall state, in addition to the information therein required, the name of the former owner.

(b) In lieu of the builder's certificate required for a vessel built in the United States, the application shall be accompanied by a photostatic or certified copy of the vessel's foreign register and of its foreign measurement certificate, if there be one, together with a duly authenticated translation of any such evidence that may be written in a foreign language. Satisfactory evidence shall be produced to establish that the transfer of registry has the approval of the foreign government concerned. If the vessel was built for the applicant and never under foreign registry, the builder's certificate shall be produced but no approval of a foreign government shall be required. If the vessel was not built for the applicant, satisfactory evidence of ownership shall be produced as in the case of a vessel built in the United States. There shall also be produced a certificate of the merchant marine officer in charge that the vessel is safe to carry dry and perishable cargo, and if the vessel is required to possess a certificate of inspection," it shall be produced.

(c) The applicant shall submit a certificate stating that:

(1) The transfer of the vessel conveyed complete and unconditional title and ownership to the purchaser;

(2) There is no agreement or understanding reserving to the vendor, or to any person who is not a citizen, any interest in the vessel or its operation, or any right of control thereof;

(3) The transfer is intended to be permanent and not temporary, no right to repurchase the vessel is reserved to the vendor, and there is no understanding for its retransfer:

(4) The transfer was not made during a voyage of the vessel or while it was in a blockaded port; and

(5) The transfer was not made to avoid the consequences to which a vessel of a belligerent is exposed.

(d) The papers filed in connection with the application for documentation in accordance with the requirements of this section and any other pertinent information shall be forwarded to the Commissioner of Customs for consideration before the granting of a document to the vessel. Except as otherwise provided for in this section, the usual requirements for registry shall be complied with.

(e) No foreign-built vessel owned and documented prior to February 1, 1920, by

35 See $3.54.

a citizen nor one owned by the United States on June 5, 1920, and sold to and owned by a citizen shall engage in th American fisheries, but it is otherwis unlimited as to documents and trade s long as it continues in such ownership When a marine document is issued t such a vessel, the following notation shal be made thereon:

As amended by section 5 of the Panam Canal Act and by the act of August 18, 1914 and sections 22, 27, and 38 of the Merchan Marine Act of June 5, 1920, as amended. Thi vessel shall not engage in the America fisheries.

If the vessel is owned by a corporation which is a citizen of the United State as defined in § 3.19(a) (3) or §3.19 (b) the notation required by § 3.2(d) shal also be made on the document.

(f) A foreign-built vessel which i owned by a citizen, but which was not s owned and documented on February 1 1920, or which was not owned by th United States on June 5, 1920, is limited to the foreign trade. A foreign-buil vessel admitted to American registry and thereafter sold foreign in whole or in part or placed under foreign registry is limited, upon afterward becoming the property of a citizen, to the foreign trade When a register is issued to a vessel of either such class, the following notation shall be made thereon:

As amended by section 5 of the Panam Canal Act, by the act of August 18, 1914, b section 27 of the Merchant Marine Act o June 5, 1920, as amended, and by the ad of May 24, 1938, entitling the vessel to en gage only in trade with foreign countrie or the islands of Guam, Tutuila, Wake, Mid way, and Kingman Reef. This vessel sha not engage in the coastwise trade or th American fisheries.

(g) A foreign-built vessel which ha been purchased from the Maritime Ad ministration of the War Shipping Ad ministration by a citizen shall not en gage in the American fisheries, but it otherwise unlimited as to documents an trade so long as it continues in suc ownership. When a marine document issued to such a vessel, the followin notation shall be made thereon:

As amended by section 9 of the Shippin Act, 1916, as amended. This vessel shall no engage in the American fisheries.

If the vessel is owned by a corporation the notation required by § 3.2 (d) sha also be made on the document.

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