Page:United States Statutes at Large Volume 60 Part 1.djvu/71

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PUBLIC LAWS--CH. 82 -MAR. 8, 1946 39 Stat. 730. 46 U.S. C. § 808. Application by citi- zen of Philippines. Restrictions. Citizen and non- citizen applicants. Citizensofthe Philip- pines. Liberty type collier or tanker), under the jurisdiction and control of the Commission. If the Commission determines- (1) that the applicant has the financial resources, ability, and experience necessary to enable him to fulfill all obligations with respect to payment of any deferred portion of the purchase price, and that sale of the vessel to him would not be inconsistent with any policy of the United States in permitting foreign sales under section 9 of the Shipping Act, 1916, as amended; and (2) after consultation with the Secretary of the Navy, that such vessel is not necessary to the defense of the United States; and (3) that such vessel is not necessary to the promotion and main- tenance of an American merchant marine described in section 2; and (4) that for a reasonable period of time, which in the case of tankers and "C" type vessels shall not end before ninety days after publication of the applicable prewar domestic cost in the Federal Register under subsection 3 (c) of this Act, such vessel has been available for sale at the statutory sales price to citizens of the United States, or for charter under section 5 to citizens of the United States, and that no responsible offer has been made by a citizen of the United States to purchase or charter such vessel; then the Commission is authorized to approve the application and sell such vessel to the applicant at not less than the statutory sales price. In case of application submitted by a citizen of the Commonwealth of the Philippines, paragraph (4) of this subsection shall not apply. Notwithstanding paragraph (4) of this subsection, not to exceed ten "C" type vessels, except C3's, may be sold to noncitizens at any time after such date of publication at not less than the statutory sales price. (b) Notwithstanding any other provision of law, no war-built vessel shall be sold to any person not a citizen of the United States, except in accordance with subsection (a), or upon terms or conditions more favorable than those at which such war-built vessel is offered to a citizen of the United States, but where the vessel so sold is being transferred to foreign register and flag, the mortgage securing the unpaid balance of the purchase price and interest thereon shall contain provisions according to such mortgage the priorities over other liens and encum- brances accorded such mortgages on merchant vessels under the laws of such registry and flag. ORDER OF PREFERENCES SEC. 7. (a) In exercising its powers under this Act and under other provisions of law with respect to the sale and charter of war-built vessels, the Commission shall give preference to citizen applicants over noncitizen applicants, and as between citizen applicants to purchase and citizen applicants to charter, shall, so far as practicable and consist- ent with the policies of this Act, give preference to citizen applicants to purchase. In determining the order of preference between citizen applicants to purchase or between citizen applicants to charter, the Commission shall consider, among other relevant factors, the extent to which losses and requisitions of the applicant's prewar tonnage have been overcome and shall in all cases, in the sale and charter of a war-built vessel, give preference in such sale or charter, as the case may be, to the former owner of such vessel, or to the person for whom the vessel was constructed but to whom delivery thereof was prevented by the United States. In determining the order of preference between noncitizen applicants to purchase, the Commission shall give prefer- ence to citizens of the Commonwealth of the Philippines, and in deter- mining the order of preference between other noncitizen applicants to purchase shall consider the extent to which losses in prewar tonnage 44 [60 STAT.