Form MA-1020 VISA Enrollment Package

OMB # 2133-0532
Expiration: 06/30/2014

U.S. Department
of Transportation
Maritime
Administration
This collection of information will be used to fulfill the requirements of 50 App. U.S.C. 2158 regarding the
application to participate in the Maritime Administration's (MARAD) Voluntary Intermodal Sealift Agreement (VISA)
program. Please note that 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 2133-0532. Public reporting for this collection of information is
estimated to be approximately 5 hours per response, including the time for reviewing instructions, completing and
reviewing the collection of information. All responses to this collection of information are voluntary. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing
this burden to: Information Collection Clearance Officer, Maritime Administration, MAR-390, 1200 New Jersey Avenue,
SE, Washington, DC 20590.

Instructions for Enrollment in the
Voluntary Intermodal Sealift Agreement (VISA) Program
Part I.

Application to participate in the VISA:
Submit two (2) originals of the VISA application. Upon approval, one
of the original applications will be returned to you and the other
will be retained by the Maritime Administration (MARAD). If applicant
does not have a corporate seal, the application must be notarized.

Part II.

Visa Application Worksheet:
The information requested in the VISA worksheet is needed by MARAD to
assess your eligibility for participation in the VISA program and to
process your application.
Please fill in all requested items, as
applicable, and attach appropriate documentation where requested.

Part III.

VISA Capacity Calculation Spreadsheet:
•

Vessel Name - self explanatory

•

Vessel Type - self explanatory

•

Vessel Speed - self explanatory

•

Vessel Class - C-11, C-6, C-10, etc.

•

Program Type (Most typical of the vessel, i.e. Jones, MSP, CDS,
MSC, DOD PREF (carry DOD preference cargo)). If multiple entries
apply, please indicate by footnote.

•

Expiration Date - the date that the listed program type expires

Form MA-1020 (9-2013)

OMB # 2133-0532
Expiration: 06/30/2014

•

DWT - total deadweight (CARRIER INPUT ON CARGO DWT IS NEEDED)

•

TEUs - the commercial cargo carrying
expressed in twenty-foot equivalent units

capacity

of

the

ship

•

FEUs - the commercial cargo carrying
expressed in forty-foot equivalent units

capacity

of

the

ship

•

Square Feet - the commercial cargo carrying square foot capacity
of the ship

•

MTONS - cubic feet of commercial capacity for LASH and Breakbulk
vessels

•

Military Useful Capacity - the cargo capacity deemed militarily
useful through coordination with MARAD and the individual carriers
based on a best mix of TEUs and FEUs. For RO/Ros, deck height must
exceed 7’5” clearance to be included in militarily useful
capacity.

•

Stage III TEUs/Square Feet/MTons - the military useful TEU and/or
square foot capacity figure, multiplied by a factor of 50% for non
MSP ships and a factor of 100% for MSP/CDS ships (Jones Act
vessels are all included in this Stage at 50% level).
On the
attached spreadsheet, VISA Stage III commitment is determined by
the larger of: 1) MSP fleet total capacity at 100%, or 2) 50% of
entire U.S.-flag fleet capacity.

•

Note: The ships listed under VISA SHIPS are those ships that have
a speed of at least 14 knots.
Those ships that have a speed of
under 14 knots are listed under VISA BARGES/TUGS.
Those ships
that are under MSC or DOD charter are listed under VISA DOD
CHARTERS. Those ships listed under DOD CHARTERS do not come into
play during any of the three stages for our planning purposes.

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Form MA-1020 (9-2013)

OMB # 2133-0532
Expiration: 06/30/2014
Part I

U.S. Department
of Transportation
Maritime
Administration
Application to Participate
in the Voluntary Intermodal Sealift Agreement
The Applicant identified below hereby applies to participate in the Maritime
Administration’s agreement entitled Voluntary Intermodal Sealift Agreement.” The
text of said Agreement is published in 75 Federal Register 14245-14253, March 24,
2010. This Agreement is authorized under Section 708 of the Defense Production
Act of 1950, as amended (50 App. U.S.C. 2158).
Regulations governing this
Agreement appear at 44 CFR Part 332 and are reflected at 49 CFR Subtitle A.
The Applicant, if selected, hereby acknowledges and agrees to the incorporation
by reference into this Application and Agreement of the entire text of the
Voluntary Intermodal Sealift Agreement published in 75 Federal Register 1424514253, March 24, 2010, as though said text were physically recited herein.
The Applicant, as a Participant, agrees to comply with the provisions of Section
708 of the Defense Production Act of 1950, as amended, the regulations of 44 CFR
Part 332 and as reflected at 49 CFR Subtitle A, and the terms of the Voluntary
Intermodal Sealift Agreement.
Further, the Applicant, if selected as a
Participant, hereby agrees to contractually commit to make specifically enrolled
vessels or capacity, intermodal equipment and management of intermodal
transportation systems available for use by the Department of Defense and to
other Participants as discussed in this Agreement and the subsequent Department
of Defense Voluntary Intermodal Sealift Agreement Enrollment Contract for the
purpose of meeting national defense requirements.
Attest:
________________________
(Corporate Secretary)

______________________________
(Applicant-Corporate Name)
______________________________
(Name, please print)

(CORPORATE SEAL)

By:

______________________________
(Signature)
______________________________
(Position Title, please print)
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION

Effective Date:

______________

_____________________________
(Secretary)
(SEAL)
Form MA-1020 (9-2013)

By:

____________________________
Maritime Administrator

OMB # 2133-0532
Expiration: 06/30/2014
Part II

U.S. Department
of Transportation
Maritime
Administration

Voluntary Intermodal Sealift Agreement (VISA) Application
Worksheet
(1)

Name of Applicant and address of principal executive office
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

(2)

Ownership of Applicant: (Check one)
( ) Applicant is a Person who, is a Citizen of the United
States by birth, naturalization, or as otherwise authorized by
law or, if other than an individual, meets the requirements of
Section 2, Shipping Act, 1916, as amended (46 App. U.S.C. 802).
For compliance with Section 2 citizenship requirements, the
requirements set forth on Exhibit A must be met by the
Applicant.
( ) Applicant meets the requirements of 46 U.S.C. 12102 for
purposes of documenting vessels under the U.S. flag.
For
compliance with 46 U.S.C. 12102, the requirements set forth on
Exhibit B must be met by the Applicant.
Attach notarized affidavit or other documentation establishing your
company’s citizenship status. Use Either Exhibit A or Exhibit B.

(3)

Do you control the vessel(s) through ownership or as the bareboat
charterer? ( ) Yes
( ) No
If you are the bareboat charterer,
please provide a bareboat charter agreement between you and the
owner of the vessel(s).

Form MA-1020 (9-2013)

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Expiration: 06/30/2014

(4)

Are you a subsidiary of a foreign owned company or do you own
foreign subsidiaries? ( )Yes ( )No
If yes, on a separate sheet of paper, please describe the ownership
arrangements, with particular detail to how these arrangements
affect the provision of assured access to vessels and other
intermodal assets to the U.S. Government.

(5)

Please provide the name and type of vessels to be committed to the
VISA Program and capacities as designated on the VISA Capacity
Calculation Spreadsheet. The VISA Capacity Calculation Spreadsheet
may be copied for additional entries.

(6)

Registry of Vessels (U.S.-flag or name of foreign-flag registry),
provide Official Coast Guard Registration Number for U.S.-registered
equipment.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Use additional paper, if necessary, and attach copies of
Certificate of Documentation forms to demonstrate ownership.

(7)

Are any of these vessels capable of
transoceanic voyages? ( ) Yes ( ) No

ocean

service,

USCG

including

If yes, please describe. Also, clarify if vessels are ABS or Lloyds
classed and USCG licensed for certain trades (inland, coastwise,
etc.).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Use additional paper, if necessary, and provide copies of Loadline
documents to validate.

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Form MA-1020 (9-2013)

OMB # 2133-0532
Expiration: 06/30/2014

(8)

Identify the trades that you are currently engaged in (U.S. Gulf
Coast, International, Great Lakes, U.S. Inland, etc.).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Use additional paper, if necessary.

(9)

Do you currently carry Department of Defense (DoD) cargo?
( ) Yes ( ) No
If yes, please provide answers to the following, attach additional
paper if necessary: (Please provide general information only.)
Commodities carried and destination
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

How often are these commodities transported and on what basis?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_________________

__________________________________________ _

How often do you bid on DoD cargoes?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

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Form MA-1020 (9-2013)

OMB # 2133-0532
Expiration: 06/30/2014

(10) Do you bid on other U.S. Government impelled cargoes (USDA, AID,
etc.)?
( ) Yes ( ) No
(11) Please name any affiliate companies to the major VISA participant:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

_________________________________________
Name and Title of Company Official
(Print or type)

_________________________________________
Signature of Company Official
Phone: __________________________________
Fax: ____________________________________
E-mail: _________________________________

Point of Contact if other than company official:
Phone: __________________________________
Fax: ____________________________________
E-mail: _________________________________

- 4 Form MA-1020 (9-2013)

__________________
Date

OMB # 2133-0532
Expiration: 06/30/2014

Exhibit A
46 CFR 221.3
(c) Citizen of the United States means a Person (including receivers, trustees
and successors or assignees of such Persons as provided in 46 App. U.S.C. 803),
including any Person (stockholder, partner or other entity) who has a Controlling
Interest in such Person, any Person whose stock or equity is being relied upon to
establish the requisite U.S. citizen ownership, and any parent corporation,
partnership or other entity of such Person at all tiers of ownership, who, in
both form and substance at each tier of ownership, satisfies the following
requirements-(1) An individual who is a Citizen of the United States, by birth,
naturalization or as otherwise authorized by law;
(2) A corporation organized under the laws of the United States or of a
State, the Controlling Interest of which is owned by and vested in Citizens of
the United States and whose president or chief executive officer, chairman of the
board of directors and all officers authorized to act in the absence or
disability of such persons are Citizens of the United States, and no more of its
directors than a minority of the number necessary to constitute a quorum are
Noncitizens;
(3) A partnership organized under the laws of the United States or of a
State, if all general partners are Citizens of the United States and a
Controlling Interest in the partnership is owned by Citizens of the United
States;
(4) An association organized under the laws of the United States or of a
State, whose president or other chief executive officer, chairman of the board of
directors (or equivalent committee or body) and all officers authorized to act in
their absence or disability are Citizens of the United States, no more than a
minority of the number of its directors, or equivalent, necessary to constitute a
quorum are Noncitizens, and a Controlling Interest in which is vested in Citizens
of the United States;
(5) A joint venture, if it is not determined by the Maritime Administrator to
be in effect an association or a partnership, which is organized under the laws
of the United States or of a State, if each coventurer is a Citizen of the United
States. If a joint venture is in effect an association, it will be treated as is
an association under paragraph(c)(4) of this section, or, if it is in effect a
partnership, will be treated as is a partnership under paragraph (c)(3) of this
section; or
(6) A Trust described in paragraph (t)(1) of this section.
(d) Controlling interest owned by and vested in Citizens of the United States
means that-(1) In the case of a corporation:
(i) Title to a majority of the stock thereof is owned by and vested in
Citizens of the United States, free from any trust or fiduciary obligation in
favor of any Noncitizen;
(ii) The majority of the voting power in such corporation is vested in
Citizens of the United States;
(iii) Through no contract or understanding is it so arranged that the
majority of the voting power may be exercised, directly or indirectly, in behalf
of any Noncitizen; and
(iv) By no other means whatsoever control of the corporation is conferred
upon or permitted to be exercised by any Noncitizen;
(2) In the case of a partnership, all general partners are Citizens of the
United States and ownership and control of a majority of the partnership
interest, free and clear of any trust or fiduciary obligation in favor of any
Noncitizen, is vested in a partner or partners each of whom is a Citizen of the
United States;

Form MA-1020 (9-2013)

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Expiration: 06/30/2014

(3) In the case of an association, a majority of the voting power is vested
in Citizens of the United States, free and clear of any trust or fiduciary
obligation in favor of any Noncitizen; and
(4) In the case of a joint venture, a majority of the equity is owned by and
vested in Citizens of the United States free and clear of any trust or fiduciary
obligation in favor of any Noncitizen; but
(5) In the case of a corporation, partnership, association or joint venture
owning a vessel which is operated in the coastwise trade, the amount of interest
and voting power required to be owned by and vested in Citizens of the United
States shall be not less than 75 percent as required by 46 App. U.S.C. 802.

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Form MA-1020 (9-2013)

OMB # 2133-0532
Expiration: 06/30/2014

EXHIBIT B
46 U.S.C. 12102 (1998), VESSELS ELIGIBLE FOR DOCUMENTATION
(a) A vessel of at least 5 net tons that is not registered under the laws of
a foreign country is eligible for documentation if the vessel is owned by-(1) an individual who is a citizen of the United States;1
(2) an association, trust, joint venture, or other entity-(A) all of whose members are citizens of the United States; and
(B) that is capable of holding title to a vessel under the laws of the
United States or of a State;
(3) a partnership whose general partners are citizens of the United States,
and the controlling interest in the partnership is owned by citizens of the
United States;
(4) a corporation established under the laws of the United States or of a
State, whose chief executive officer, by whatever title, and chairman of its
board of directors are citizens of the United States and no more of its directors
are noncitizens than a minority of the number necessary to constitute a quorum;
(5) the United States Government; or
(6) the government of a State.
(b) A vessel is eligible for documentation only if it has been measured under
part J of this subtitle. However, the Secretary of Transportation may issue a
temporary certificate of documentation for a vessel before it is measured.
(c)(1) A vessel owned by a corporation is not eligible for a fishery
endorsement under section 12108 of this title unless the controlling interest (as
measured by a majority of voting shares in that corporation) is owned by
individuals who are citizens of the United States. However, if the corporation
is owned in whole or in part by other United States corporations, the controlling
interest in those corporations, in the aggregate, must be owned by individuals
who are citizens of the United States.
(2) The Secretary shall apply the restrictions on controlling interest in
section 2(b) of the Shipping Act, 1916 (46 App. U.S.C. 802(b)) when applying this
subsection.
* * * * *
_____________
1
Note that 46 U.S.C. 12106(d)(2) provides: "(2) For Purpose of ... section
12102(a) of this title, a vessel meeting the criteria of this subsection shall be
considered to be owned exclusively by citizens of the United States." See also
46 U.S.C. 12106(e)(4) providing: “(4) For purposes of section 12102(a) of this
title, a vessel meeting the criteria of this subsection is deemed to be owned
exclusively by citizens of the United States.”

Form MA-1020 (9-2013)