Free MA-29, Request for Transfer of Ownership, Registry, and Flag, or Charter, Lease, or Mortgage of U.S. Documented Vessels - Federal


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Date: June 15, 2009
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Preview MA-29, Request for Transfer of Ownership, Registry, and Flag, or Charter, Lease, or Mortgage of U.S. Documented Vessels
Form Approved: OMB No. 2133-0006

REQUEST FOR TRANSFER OF OWNERSHIP, REGISTRY, AND FLAG, OR CHARTER OF U.S. DOCUMENTED VESSELS
U.S. Department of Transportation Maritime Administration
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2133-0006. Public reporting for this collection of information is estimated to be approximately 2 hours per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Officer, Maritime Administration, MAR-390, Room W28-201, 1200 New Jersey Avenue, SE, Washington, DC 20590.

Processing of the application requires approximately 30 working days from the date received in MARAD. IMPORTANT Submit the original only of MA-29 together with check and documents for which approval is requested to: ATTN: U.S. Department of Transportation Maritime Administration ­ MAR-630 1200 New Jersey Avenue, SE - West Wing, 2nd Floor Washington, DC 20590 THE UNDERSIGNED READ INSTRUCTIONS BEFORE COMPLETING FORM (See Part VII) No approval may be granted unless a completed application form has been received (46 U.S.C. 56101 & 56103).

Name of Vessel Owner(s) Address of Owner(s) ­ Number, Street, City, State & Zip Code

Citizenship of Owner(s)

The owner of the vessel described below (hereinafter referred to as the "Vessel"), hereby applies for the approval required by Sections 9 and 41 of the Shipping Act, 1916, as amended (46 U.S.C. 808 and 839), of the following transaction(s): (1) Sale Charter of the Vessel to alien, namely:

__________________________________________________________________________________________________________ (Alien's name, address--Number, street, city, and country) (2) Documentation or transfer of the vessel to ____________________________________________ registry and flag. (Foreign) And represents the following information to be accurate and true.

PART I ­ VESSEL
(a) Name of Vessel and official number (c) Type (Cargo, tanker, etc.) (g) When and where built (h) DWT (j) When acquired (l) Total complement From whom Officers (d) Propulsive power-fuel (b) Former names or designations (if former military craft, give military designation) (e) Average speed loaded (f) Length TONNAGE (i) Gross

(k) Present home port of vessel Crew (If "Yes", explain)

(m) Will employment be available for these officers and crew if ship is sold or transferred

Yes

No

(n) Is Vessel now in operation?

Yes

No

(If "Yes", in what trade has Vessel been generally operated during the last two years?)

(o) Is vessel laid up?

Yes

No

(If Yes, give location and state for how long.)

Form MA-29 (Rev. 6/2009)

PART II - ALIEN OR ALIENS INVOLVED
(a)

Form Approved: OMB No. 2133-0006 Page 2 of 4

Is a citizen of Give date and place of birth If alien is a corporation, also state: (1) Place and date of incorporation. (2) Names, addresses and nationality of directors, officers and stockholders and percentage of stock owned by each. (If more space is needed, attach an additional sheet.)

(b)

Will the owner or its affiliated corporations or persons make any agreements with the purchaser, charterer, or lessee to operate this or any other of the purchaser's Vessels through charter or otherwise, or to act as operating agent, general agent or sub-agent? (If so, explain all such arrangements)

PART III - SALE OR TRANSFER (Complete ONLY if approval is requested of sale or transfer to alien)
(a) Has Vessel been offered for sale to American citizens? Yes No (If "Yes", period of time on market.)

(b) Owner's reason for desiring to sell or transfer.

(c) Is Vessel to be replaced?

Yes

No

(If "Yes", explain.)

(d) If Vessel is 1,350 gross tons or over, is not less than 12 years old, and has been owned by the applicant for three (3) years prior to the date hereof, would applicant be interested in turning in said vessel to the Maritime Administration as credit towards the construction of a new vessel, pursuant to Sections 507 or 510 of the Merchant Marine Act 1936, as amended (46 U.S.C. 1157 or 1160)?

Yes

No

(If "Yes", period of time on market.)

Form MA-29 (Rev. 6/2009)

PART III - SALE OR TRANSFER (Continued)

Form Approved: OMB No. 2133-0006 Page 3 of 4

(e) Give details as to proposed scrapping or as to proposed employment and trade in which the Vessel will be operated under foreign registry, such as commodities to be carried, range of ports, etc. If fishing vessel, state for pleasure or commercial use and type such as tuna, purse seiner, shrimp, etc.

PART IV - CHARTER OR LEASE (Complete ONLY if approval is requested of charter or lease to alien)
(a) Form of charter or lease (b) Duration of charter or lease

(c) Area(s) of operation and commodities to be carried

(d) Date of commencement

PART V - ADDITIONAL REQUIREMENTS
(a) (b) Attach Certificate of Ownership of the vessel (U.S. Coast Guard Form 1330) issued by the U. S. Coast Guard at Home Port of vessel not more than 30 days prior to date of application for sales, transfers, mortgages, and bareboat charters. If vessel is covered by a preferred mortgage, or is subject to a preferred lien, the written consent of the mortgagee or lienor to surrender of the marine document incident to the sale alien and/or transfer to foreign registry and flag, or to the bareboat charter, of the Vessel, must be attached. If the mortgagee or lienor is a business, the consent must be attested to by appropriate official or notarized. If the mortgagee or lienor is an individual, the consent must be notarized. Attach Pro-forma copy of sales or charter agreement, as appropriate. Maritime Administration regulations (46 CFR Part 221) require the payment of a user charge on each application, in an amount as follows: Sale or Transfer to foreign ownership, registry and flag: Vessels 3,000 gross tons and over ................................................... $325.00 per vessel Vessels of less than 3,000 gross tons ............................................... $170.00 per vessel Charter ............................................................................................. $260.00 per vessel Modification of any approval granted ­ the same as for the original approval. Payment shall be made by Cashier's Check, certified check, company check, or money order, payable to "Maritime Administration."

(c) (d)

PART VI - CONDITIONS OF APPROVAL
Under the provisions of Section 41 of the Shipping Act, 1916, as amended, (46 U.S.C. 56103) conditions may be imposed in connection with any approval that may be given pursuant to this application, the failure of performance of which entails the penalties of the law. The Maritime Administration's approval of transfer of vessels of 3,000 gross tons and over to foreign ownership or registry, or both (whether for operation or scrapping) will be subject to the terms and conditions set forth in 46 CFR Part 221, copy of which will be furnished upon request. Additional terms deemed appropriate by the Maritime Administrator may be imposed. In unusual circumstances, conditions may also be imposed on vessels under 3,000 gross tons approved for transfer foreign. A U.S. surety company bond or other surety satisfactory to the Maritime Administration will be required to guarantee performance of the conditions of said agreement containing any such conditions imposed. Form MA-29 (Rev. 6/2009)

PART VII - INSTRUCTIONS FOR EXECUTION
(a) (b) (c)

Form Approved: OMB No. 2133-0006 Page 4 of 4

if signed by an agent of the owner, proper evidence of the authority under which the agent acts must be attached. If the owner is a corporation, name and title of executive official executing this application must be given, and Secretary thereof must attest it and affix corporate seal. The particular attention of the applicant is directed to the following provisions of Section 41 of the Shipping Act 1916, as amended (46 U.S.C. 56103). Whenever by this Act the approval of the board is required to render any act or transaction lawful, whoever knowingly makes any false statement of a material fact to the board (Maritime Administration), or to any member thereof, or to any officer, attorney, or agent thereof, for the purpose of securing such approval, shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both.

PART VIII - EXECUTION (Application not acceptable unless completed according to all requirements and instructions.)
IN WITNESS WHEREOF this application has been duly executed at _________________________________________________________________ This ___________ day of ______________________, 20_____.

(3)

Attest: (1) ____________________________________________

(Present owner(s) of vessel) (Affix corporate seal) (2) ____________________________________________ (Name and title of executive official)

_______________________________________________ (Name and title) (1) (2) (3) For use by individual owner(s) of Vessel. If corporation, type in name. For use by executive official executing application. For use by attesting official of corporation (if no seal so state).

(SUBMIT ORIGINAL ONLY)

Form MA-29 (Rev. 6/2009)