PART 87-TRANSFERS OF VESSELS

ABROAD

Sec. 87.1 Transfers to American ownership. 87.2 Transfers of American vessels to aliens or to foreign registry.

AUTHORITY: The provisions of this Part 87 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842.

SOURCE: The provisions of this Part 87 appear at 22 F.R. 10858, Dec. 27, 1957, unless otherwise noted.

§ 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.

(a) In the United States the term "notary" or "notary public" means a public officer qualified and bonded under the laws of a particular jurisdiction for the performance of notarial acts, usually in connection with the execution of some document.

(b) The term "notarial act" means an act recognized by law or usage as pertaining to the office of a notary public.

(c) The term "notarial certificate" may be defined as the signed and sealed statement to which a "notarial act" is almost invariably reduced. The "notarial certificate" attests to the performance of the act by the notary, and may be an independent document or, as in general American notarial practice, may be placed on or attached to the notarized document.

§ 92.2 Description of notarial functions of the Foreign Service; record of

acts.

The notarial function of officers of the Foreign Service is similar to the function of a notary public in the United

Where consular districts have been established, the geographic limits of the district determine the area in which notarial acts can be performed by the consular officer. See § 92.41(b) regarding authentication of the seals and signatures of foreign officials outside the consular district.

[Dept. Reg. 108.486, 27 F.R. 12616, Dec. 20, 1962]

§ 92.4 Authority of officers of the Foreign Service under the Federal law. (a) Every secretary of embassy or legation is authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his embassy or legation, and every consular officer of the United States is required whenever application is made to him therefor within the limits of his consulate, to administer to or take from any person any oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States (R.S. 1750; secs. 3 and 7 of act of April 5, 1906, 34 Stat. 99; 22 U.S.C. 1195, 1203). The language "within the limits of his consulate" is construed to mean within the geographic limits of his consular district. With respect to notarial acts performed away from his office, see § 92.7. Notarial acts shall be performed only if their performance is authorized by treaty provisions or is permitted by the laws or authorities of the country wherein the officer is stationed.

(b) These acts may be performed for any person regardless of nationality so long as the document in connection with which the notarial service is required is for use within the jurisdiction of the Federal Government of the United States or within the jurisdiction of one of the States or Territories of the United States. (However, see also § 92.6.) Within the Federal jurisdiction of the United States, these acts, when certified under the hand and seal of office of the notarizing officer are valid and of like