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12-13-2013, 09:02 AM
THE DEFINITION OF “citizen” NATIONAL DEFENSE AUTHORIZATION ACT -“A SHIPPING CORPORATION”

INTERNATIONAL LABOR ORGANIZATION

http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=USA&p_classification=00&p_origin=COUNTRY&p_sortby=SORTBY_COUNTRY
2003-11-24 USA-2003-L-67183
United States
General provisions
National Defence Authorisation Act for Fiscal Year 2004 (Public Law 108-136).
Congressional and Administrative News, 2004-02, No. 12, pp. 1392-1826

Comprehensive legislation authorising appropriations for fiscal year 2004 for military activities of the Department of Defence. Provides for military contstruction, defence activities of the Department of Energy, and personnel strength for the Armed Forces. Also regulates military personnel policy, compensation and other benefits of military personnel, and health care of military personnel.

PARALLEL TABLE OF AUTHORITIES AND RULES
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Authorities


Public Laws—Continued Code of Federal Regulations
108–136 .........................................46 Part 296

46 CFR PART 296 - MARITIME SECURITY PROGRAM (MSP)
46 CFR 296.1 - PURPOSE.
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§ 296.1
Purpose.
This part prescribes regulations implementing the provisions of Subtitle C, Maritime Security Fleet Program, Title XXXV of the National Defense Authorization Act for Fiscal Year 2004, the Maritime Security Act of 2003 (MSA 2003), governing Maritime Security Program (MSP) payments for vessels operating in the foreign trade or mixed foreign and domestic commerce of the United States allowed under a registry endorsement issued under 46 U.S.C. 12105. The MSA 2003 provides for joint responsibility between the Department of Defense (DOD) and the Department of Transportation (DOT) for administering the law. These regulations provide the framework for the coordination between DOD and DOT in implementing the MSA 2003. Implementation of the MSA 2003 has been delegated by the Secretary of Transportation to the Maritime Administrator, U.S. Maritime Administration and by the Secretary of Defense to the Commander, U.S. Transportation Command, respectively.

46 CFR 296.2 - DEFINITIONS.
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§ 296.2
Definitions.

Act means the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1101 et seq. ).

Section 2 Citizen means a United States citizen within the meaning of section 2 of the Shipping Act, 1916, 46 U.S.C. 802, without regard to any statute that “deems” a vessel to be owned and operated by a Section 2 Citizen.


PARALLEL TABLE OF AUTHORITIES AND RULES
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Authorities

46 U.S.C.—Continued
802—803........................................46 Part 355
46 CFR 355.2 - REQUIREMENTS REGARDING EVIDENCE OF U.S. CITIZENSHIP; AFFIDAVIT GUIDE.
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§ 355.2
Requirements regarding evidence of U.S. citizenship; affidavit guide.
(a) In order to establish that a corporation is a citizen of the United States within the meaning of section 2, Shipping Act, 1916, as amended, the form of affidavit to be used as a guide is hereby prescribed for execution in behalf of the primary corporation and filing with an application or, if required, subsequent filing within 30 days after the annual meeting of the stockholders (if the primary corporation is a wholly owned subsidiary and contrary to the bylaw provision does not hold the annual meeting of stockholders, the subsequent filing should be annually and related to the date of the original filing) as evidence of the continuing U.S. citizenship of a “person” as defined in section 1, Shipping Act, 1916, as amended, which shall read as follows

46 USC § 50501 - ENTITIES DEEMED CITIZENS OF THE UNITED STATES
Revised Section Source (U.S. Code) Source (Statutes at Large)

50501(a)
46 App.:802(a) (words before 3d comma and after 11th comma).
Sept. 7, 1916, ch. 451
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Title The system of liability of articles III and IV of the Hague (Visby) Rules

REFERENCES IN TEXT
The Shipping Act, 1916, referred to in text, is act Sept. 7, 1916, ch. 451, 39 Stat. 728, as
amended, which is classified generally to chapter 23 (§ 801 et seq.) of this Appendix.
For complete classification of this Act to the Code, see section 842 of this Appendix
and Tables.