cfr_sections: 46:46:8.0.1.11.33.0.12.1
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| 46:46:8.0.1.11.33.0.12.1 | 46 | Shipping | II | J | 355 | PART 355—REQUIREMENTS FOR ESTABLISHING UNITED STATES CITIZENSHIP | 355.1 | § 355.1 General. | FMC | 46 U.S.C. 50501, 50502; secs. 2, 204, Public Law 64-260, 39 Stat. 729, as amended, Public Law 74-835, 49 Stat. 1987, as amended, Public Law 86-327, 73 Stat. 597. | 91 FR 33638, June 4, 2026, unless otherwise noted. | (a) Under 46 U.S.C. 50501, no corporation is deemed to be a citizen of the United States unless: (1) It is organized under the laws of the United States or of a State, Territory, District, or possession thereof; (2) Its president or other chief executive officer, and the chairman of its board of directors are citizens of the United States, and no more of its directors than a minority of the number necessary to constitute a quorum are non-citizens; and (3) The controlling interest therein is owned by citizens of the United States or, in the case of a corporation operating any vessel in the coastwise trade, on the Great Lakes, or inland lakes of the United States, 75 per centum of the interest in such corporation is owned by citizens of the United States. (b) As used in this part, the term primary corporation includes, but not exclusively, participants in certain transactions or programs under title 46 of the U.S. Code, such as Owner Trustees and certain vessel owners and contractors under 46 U.S.C. 53102 or Capital Construction Fund holders under 46 U.S.C. 53501 et seq. (c) To satisfy the statutory requirements, an Affidavit of U.S. Citizenship of a primary corporation by one of its officers duly authorized to execute such Affidavit, should be submitted. This Affidavit should contain facts from which the corporation's citizenship can be determined. |