[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21393]
[[Page Unknown]]
[Federal Register: August 31, 1994]
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FEDERAL MARITIME COMMISSION
Listing of Controlled Carriers Under the Shipping Act of 1984
AGENCY: Federal Maritime Commission.
ACTION: Amendments to list of controlled carriers.
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SUMMARY: The Federal Maritime Commission is adding Vietnam Sea
Transport and Chartering Company and POL-America, Inc. to the list of
controlled carriers, subject to the advance tariff filing and other
regulatory requirements of section 9 of the Shipping Act of 1984. The
Commission is removing the National Shipping Corporation of the
Philippines and the Far Eastern Shipping Company of Russia, from the
list of controlled carriers. Information received indicates that they
no longer meet the definition of a controlled carrier pursuant to
section 3(8) of the Shipping Act of 1984.
FOR FURTHER INFORMATION CONTACT: Robert D. Bourgoin, General Counsel,
Federal Maritime Commission, 800 North Capitol Street, NW., Washington,
DC 20573-0001, (202) 523-5740.
SUPPLEMENTARY INFORMATION: Sections 3(8) and 9 of the Shipping Act of
1984 (``1984 Act''), 46 U.S.C. app. 1702(8) and 1708, provide for the
identification and regulation of certain state-controlled carriers
operating in the waterborne foreign commerce of the United States. The
Federal Maritime Commission (``Commission'') has determined that
Vietnam Sea Transport and Chartering Company (``Vietnam Sea
Transport''), headquartered in Ho Chi Minh City, Vietnam, and POL-
America, Inc. (``POL-America'') headquartered in Gdynia, Poland, meet
the definition of a controlled carrier under section 3(8) of the 1984
Act, and are, therefore, being added to the list of controlled
carriers.
Upon inquiry by the Commission, Vietnam Sea Transport responded
that its operating assets are directly owned by the Government of
Vietnam (``GOV'') and that the GOV has the right to approve or
disapprove the appointment of a majority of the directors, including
the chief operating or executive officer of the carrier. Vietnam Sea
Transport advised that it intends to operate at least two Vietnamese-
flag vessels in its service in the U.S. cross-trades.
POL-America responded that Polish Ocean Lines of Gdynia, Poland, a
government-controlled carrier, holds the majority interest (70 percent)
of POL-America. Under the 1984 Act, government ownership is deemed to
exist where the majority interest of a carrier is held by a government
entity or instrumentality. In this case, Polish Ocean Lines of Gdynia,
according to Commission records, is owned by the Polish Government. All
vessels operated by POL-America are under the Polish flag.
The Commission has determined to delete the National Shipping
Corporation of the Philippines (``NSCP'') and the Far Eastern Shipping
Company (``FESCO''), currently named ``FESCO Joint-Stock P.L.C.,'' from
the list of controlled carriers, because they no longer meet the
definition of a controlled carrier set forth in section 3(8) of the
1984 Act.
Information submitted to the Commission by NSCP indicates that the
Government of the Philippines (``GOP'') sold all of its rights, title
and interest in NSCP's three vessels of Philippine registry, as well as
all of the issued and outstanding shares in NSCP, to Madrigal-Wan Hai
Lines Corporation (``Madrigal''), a private corporation organized under
the laws of the Philippines. Sixty percent of Madrigal is said to be
owned by A. P. Madrigal Steamship Company, Inc., a private Philippine
Corporation owned by Philippine nationals, and forty percent is owned
by Wan Hai Lines Limited, a private Taiwan corporation owned by non-
Philippine nationals. The Commission is also advised that the GOP has
no right to appoint or disapprove the appointment of a majority of the
directors, or the chief operating or executive officer of NSCP.
The Commission has determined that because NSCP is not directly or
indirectly owned or controlled by the GOP, it no longer meets the
definition of a controlled carrier and is, therefore, being deleted
from the list of controlled carriers.
FESCO Joint-Stock P.L.C., the legal successor to the Far Eastern
Shipping Company, provided information advising that it was created
pursuant to the Russian Federation President's Decree No. 721, which
enacted measures allowing state enterprises to incorporate as private
limited companies--stock societies. FESCO was organized and registered
in the Russian Federation on December 3, 1993.
FESCO reported that as of July 15, 1994, fifty-five percent of the
company's shares belong to individual shareholders comprised mainly of
current and former employees of FESCO. FESCO further advises that:
twenty-five percent of the shares belong to 70 legal entities; the
remaining twenty percent of the shares belong to Primorsk Region
Committee for the State Property Management, a government entity, which
is required to sell these shares either to legal entities or
individuals before December 3, 1995; FESCO's operating assets are
neither directly nor indirectly owned or controlled by the Russian
Federation or any governmental entity; and that the Russian Federation
does not have the right to appoint or disapprove the appointment of the
directors or the chief operating or executive officer of the company.
The Commission has determined that because the Russian Federation
neither owns a majority interest in FESCO, nor has the right to appoint
or disapprove the appointment of a majority of its directors, or its
chief operating or executive officer, FESCO no longer meets the
definition of a controlled carrier and is, therefore, being deleted
from the list of controlled carriers.
The amended list of controlled carriers is shown below:
(1) Baltic Shipping Company--Russia
(2) Bangladesh Shipping Corp.--Bangladesh
(3) Black Sea Shipping Company--Ukraine
(4) Black Star Line--Ghana
(5) Ceylon Shipping Corporation--Sri Lanka
(6) China Ocean Shipping Company--People's Republic of China
(7) China Resources Transportation & Godown Co., Ltd.--People's
Republic of China
(8) Chu Kong Shipping Co., Ltd.--People's Republic of China
(9) Compagnie Maritime Zairoise--Zaire
(10) Compagnie Marocaine de Navigation (COMANAV)--Morocco
(11) Compagnie National Algerienne de Navigation--Algeria
(12) Companhia de Navegacao Lloyd Brasileiro--Brazil
(13) Compania Anonima Venezolana de Navegacion (Venezuelan Line)--
Venezuela
(14) Compania Peruana de Vapores (Peruvian State Line--Peru
(15) Egyptian National Line--Egypt
(16) Far East Enterprising Co. (H.K.), Ltd.--(Farenco)--People's
Republic of China
(17) Flota Bananera Ecuatoriana S.A.--Ecuador
(18) Guandong International Shipping Co., Ltd.--People's Republic of
China
(19) International Transport Enterprise Co. (GETDD) Ltd.--People's
Republic of China
(20) MISR Shipping Company--Egypt
(21) Murmansk Shipping Co. (Arctic Line)--Russia
(22) Nauru Pacific Line--Nauru
(23) Nigerian National Shipping Line Limited--Nigeria
(24) P.T. Djakarta Lloyd--Indonesia
(25) Pakistan National Shipping Corporation--Pakistan
(26) Pharaonic Shipping Co. (S.A.E.)--Egypt
(27) POL-America, Inc.--Poland
(28) Polish Ocean Lines--Poland
(29) Romanian Shipping Company Constanta (NAVROM)--Romania
(30) Shanghai Hai Hua Shipping Company--People's Republic of China
(31) Shipping Corporation of India--India
(32) Societe National Malgache de Transports Maritimes--Madagascar
(33) Sudan Shipping Line Limited--Sudan
(34) Tientsin Marine Shipping Company--People's Republic of China
(35) Transportes Navieros Ecuatorianos (Transnave)--Ecuador
(36) Vietnam Sea Transport and Chartering Company--Vietnam
(37) Zhu Sheng Transportation Co., Ltd.--People's Republic of China
The process of identification and classification of controlled
carriers is continuous. This list as shown will be amended as
circumstances warrant.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 94-21393 Filed 8-30-94; 8:45 am]
BILLING CODE 6730-01-M