a seizure made by a country at war with the United States or a seizure made in accordance with provisions of any fishing convention or treaty to which the United States is a party. (68 Stat. 883; 22 U.S.C. 1971-1976, 1952 Ed., Supp. IV) § 86.8

(a)

Claims arising out of seizures of

vessels.

Submission of claim. Claim arising out of seizure of a vessel for the reimbursement of a fine shall be submitted to the Secretary of State. Claim may be filed by the owner of the vessel, or by an authorized agent through the American Consulate. When filed by an agent, the claim must show the title or capacity of the person presenting the claim and be accompanied by evidence of his appointment as a duly authorized agent.

(b) Form of claim. Claim shall be prepared in the form of a sworn statement, in triplicate. It shall contain in narrative form a clear chronological statement of the essential facts relating to:

(1) Name and address of claimant, (2) Citizenship status of claimant, (3) Date and manner of the owner's acquisition of the vessel or other interest therein,

(4) Date and circumstances relating to the seizure of the vessel, including the approximate location of the vessel at the time of seizure, the maner in which such location was determined, and the activities in which it was engaged at the time of seizure,

(5) Date, amount, and circumstances relating to the payment of the fine and the release of the vessel,

(6) Identification of persons, officials or agencies involved in the seizure of the vessel, the payment of the fine, and the release of the vessel; and the dates involved,

(7) Nature, circumstances, and amount of incidental expenses incurred or other losses sustained by the owner as a consequence of the seizure.

(c) Evidence to be submitted by claimant. There shall be attached to the sworn statement of claim documentary evidence consisting of original documents

or certified copies thereof to support every allegation in the sworn statement. The documents filed as evidence shall be numbered consecutively and cited by number in the sworn statement in support of which the documents are filed. All evidence shall be filed in triplicate. The original evidence or certified copies thereof shall be attached to the original copy of the claim. Uncertified copies may be attached to the other two copies of the affidavit of claim. All documents in other than the English language shall be accompanied by English translations. The more important documentary evidence filed in support of the claim shall include the following:

(1) Articles of incorporation of the owner or partnership agreement of the owners and all amendments thereto,

(2) Proof of citizenship of officers and directors of the corporation or of the partners, or of a sole individual owner, as the case may be,

(3) Affidavit of an officer of the corporation as to the citizenship status of the stockholders as far as known,

(4) Receipt for payment of the fine, (5) Proof to substantiate all other expenses for which claim is made, consisting of receipts, vouchers, etc.,

(6) Log of the vessel seized,

(7) Records of any hearings conducted by authorities of the government making the seizure relative to such seizure,

(8) Certificate of Registry, other document or certificate of the vessel seized,

(9) Convincing evidence of any available nature to bring the case within the provisions of the statute,

(10) Affidavits of officers of the seized vessel corroborating allegations upon which the claim is based.

§ 86.9 Certification of claim to Treasury Department.

The Department of State will determine on the basis of the facts and evidence submitted whether the amount of the fines should be reimbursed. If reimbursement is considered to be warranted, the Legal Adviser and Deputy Legal Adviser of the Department of State will make the necessary certification to the Secretary of the Treasury.

§ 87.1

Transfers to American ownership. When a vessel has been transferred abroad from foreign to United States ownership, a consular officer shall, when requested, perform the following services for the purchaser or purchasers of the vessel:

(a) Take an acknowledgment of the execution of the bill of sale for the vessel and make the bill of sale a matter of record in the Foreign Service office; and (b) Either issue a Provisional Certificate of Registry (Customs Form 1266-A) for the vessel, provided the purchaser or purchasers desire to have it documented under the laws of the United States, and provided the Commissioner of Customs, Department of the Treasury, first approves the issuance of such a certificate; or if the purchaser or purchasers do not desire or intend to have the vessel documented under the laws of the United States, issue a Certificate of American Ownership for the vessel, provided approval of the Department of State is obtained in advance. A Certificate of American Ownership is prima facie proof that the vessel concerned was transferred to United States ownership, that

the transfer was made in good faith, and that the owners are United States citizens.

§ 87.2 Transfers of American vessels to aliens or to foreign registry.

A consular officer shall, upon request, inform interested parties that formal written application for the approval of the Maritime Administration must be filed, in duplicate, on Form MA-29. Upon completion by the applicants of the necessary documents for the Maritime Administration, the consular officer may transmit such documents for them to the Maritime Administration through the Department of State. A consular officer shall, upon receipt of a request to perform any services connected with the actual transfer of a vessel or an interest therein to any person not a United States citizen, ascertain whether the transaction has been approved by the Maritime Administration. If it has, the consular officer shall perform any notarial services connected with the transaction, and shall submit a complete report in the premises to the Department of State for transmittal to the Maritime Administration, accompanied by a certified copy of the bill of sale, mortgage, lease, charter, or such other evidence of the transfer as may be obtainable. If the transaction has not been approved by the Maritime Administration, the consular officer shall inform the parties in interest of the penalties attached by reason of failure to procure the required approval, and shall submit a complete report in the premises to the Department of State for transmittal to the Maritime Administration.

CROSS REFERENCE: For regulations relating to transfers of vessels of war to foreign registry, see § 123.13 of this chapter.