MA-742 Owners Contract of Commitment

OMB Control No. 2133-0011
Expiration Date: 6/30/2017
U.S. Department of Transportation
Maritime Administration
__

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 2133-0011. Public reporting for this
collection of information is estimated to be approximately 85 minutes 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.

Contract MA ___________________
OWNER'S
CONTRACT OF COMMITMENT

THIS AGREEMENT, made as of _____________________________ 20____ and by between the
UNITED STATES OF AMERICA, acting by and through the DEPARTMENT OF TRANSPORTATION,
MARITIME ADMINISTRATION or its successor (herein called the ''United States'') and
______________________________________ a corporation organized and existing under the laws of
______________________________________ (herein called the ''Owner and having its principal place
of business at _________________________________________________________________________.

WITNESSETH
WHEREAS, on ______________________________ the Maritime Administrator, Department of
Transportation (herein called the ''Maritime Administrator”) found and determined that the
______________________________ (herein described as the ''Vessel''), Official No. ________________
documented under the laws of __________________________ of _________________________ Gross
Tons, which was built __________________ 20___ is eligible for interim war risk insurance under Title
XII, Merchant Marine Act, 1936, as amended, 46 CFR Part 308.11(b) as revised: Provided, That the
Vessel shall at all times be in compliance with requirements of 46 CFR Part 308 and that the Vessel
shall be made available to the United States upon request in the event of a national emergency, as
described in Article (1) hereinbelow, pursuant to this Contract of Commitment: And, Provided
Further, That the Owner or the Master of the Vessel shall periodically notify the United States of the
Vessel's position in accordance with Subsection 308.2(c) of this Part 308 and
WHEREAS, the parties hereto desire to enter into such a voluntary Contract of Commitment
covering the Vessel:
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations hereinafter set forth, the parties hereto mutually agree as follows:
(1) The Owner hereby commits itself to make the Vessel available to the United States during
any period in which vessels may be requisitioned under Section 902 of the Merchant Marine Act,
1936, as amended, i.e., whenever the President of the United States of America shall proclaim that
the security of the national defense makes it advisable or during any national emergency which may
have been declared by proclamation of the President of the United States, and expressly agrees that
any charter or other contract covering the use of the Vessel during the period covered by the interim
war risk insurance binder and the period of any insurance attaching thereunder shall be subject to
termination or suspension without notice in the event the United States requests the use of the
Vessel under this voluntary Contract of Commitment.
Form MA-742
(Rev. 7/2011)

2
(2) Upon the request of the United States, acting through the Department of Transportation,
Maritime Administration, or its successor, or through the Department of the Navy, pursuant to
authorization from the Department of Transportation, Maritime Administration, the Vessel shall be
made available as directed by such Department, wherever the Vessel may then be, whether at sea or
in port, at the option of such Department, for purchase or for use (under a time or bareboat form of
charter) for such period or periods of time as required by the United States.
(3) In the event the Department of the Navy exercises the authority referred to in Article (2)
above, it is understood that (a) if time permits, the Maritime Administrator, upon advice by the Chief
of Naval Operations, will notify the Owner and also the Master of the Vessel to make the Vessel
available to Naval authority, and will also direct the Master to report to the appropriate Naval
Commander for operational control or (b) if time does not permit, and the Senior Naval Commander
in or for the area or his/her authorized representative shall have found it necessary, he/she will take
immediate operational control of the Vessel, after which the Maritime Administrator, upon receipt of
advice of such action from the Chief of Naval Operations, will confirm such action to the Owner and
also to the Master; with such confirmation to be retroactive to and effective as of the day and hour
when control was assumed by the Naval authorities.
(4) As soon as practicable after the United States has assumed operational control of the
Vessel as aforesaid, either through the Maritime Administration directly, or through the Department
of the Navy, the Maritime Administration will tender to the Owner an agreement containing the same
terms and conditions upon which a vessel of the United States could be requisitioned for purchase
or charter in accordance with the applicable provisions of Section 902(a), Merchant Marine Act, 1936,
as amended.
(5) This voluntary Contract of Commitment is not intended, nor shall it be deemed, to affect or
modify in any respect the terms and obligations contained in any other agreement or contract of
whatsoever nature under which the Vessel is or may hereafter become separately committed to the
use of the United States during the period described in Article (1) hereof.
(6) Subject to the various warranties, agreements and representations of the Owner as
contained in the Owner's application for interim war risk insurance, submitted with this Contract, the
United States hereby undertakes and agrees to provide such war risk insurance on the Vessel
pursuant to regulations published in the Federal Register (46 CFR Part 308), as amended from time to
time.
(7) It is the intention and understanding of the parties hereto that the period of this Contract
of Commitment shall be coextensive with the period of the interim war risk insurance binder and any
insurance issued thereunder.

Form MA-742
(Rev. 7-2011)

3
IN WITNESS WHEREOF, this voluntary Contract of Commitment has been executed in
triplicate by the United States on the __________ day of _______________________ 20____ and by
the Owner on the __________ day of ________________________ 20_____.

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
(MARITIME ADMINISTRATION)

ATTEST:

Secretary
Maritime Administration

Approved as to form:

Chief Counsel
Maritime Administration

Maritime Administrator

CORPORATE SEAL
Attest:

Owner

Secretary

Form MA-742
(Rev. 7-2011)

BY:

4

I, ____________________________, certify that I am the duly chosen, qualified, and acting
Secretary of ____________________________________________________________________
________________________________________________ a party to this Contract, and, as such, I am
the custodian of its official records and the minute books of its governing body; that
________________________________________________________ who signed this Contract on behalf
of said corporation, was then he/she duly qualified ____________________________________ of said
corporation; that said officer affixed his/her manual signature to said Contract in his/her official
capacity as said officer for and on behalf of said corporation by authority and direction of its
governing body duly made and taken; that said Contract is within the scope of the corporate and
lawful powers of this corporation.

______________________________________
Secretary
(CORPORATE SEAL)

Form MA-742
(Rev. 7-2011)