CARGO PREFERENCE ACT. (2-16-16) Privately owned United States-flag commercial vessels transporting cargoes are subject to the Cargo Preference Act (CPA) of 1954 requirements and regulations found in 46 CFR 381.7. Contractors are directed to clause (b) of 46 CFR 381.7 as follows:
CARGO PREFERENCE ACT. Pursuant to 46 CFR Part 381, the Borrower hereby agrees as follows, and shall insert the following clauses in contracts entered into by the Borrower pursuant to which equipment, materials or commodities may be transported by ocean vessel in carrying out the Project:
(i) At least fifty percent (50%) of any equipment, materials or commodities procured, contracted for or otherwise obtained with TIFIA Loan proceeds, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.
(ii) Within twenty (20) days following the date of loading for shipments originating within the United States or within thirty (30) Business Days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (i) above shall be furnished to both the TIFIA Lender and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
CARGO PREFERENCE ACT. (a) DOE shall have received a Borrower Certificate, certifying that as of the Advance Notice Date and the Advance Date, the Borrower is in compliance with all of its obligations under the CPA Agreement.
(b) DOE shall not have received written notice from United States Maritime Administration that the Borrower is not in compliance with all of its obligations under the CPA Agreement.
CARGO PREFERENCE ACT. From and after the First Advance Date, the Borrower Entities (a) either (i) are in compliance with the Cargo Preference Act of 1954, as amended, and all related implementing regulations with respect to the Project (the “CPA Requirements”), or (ii) have entered into the CPA Compliance Agreement and are in compliance with such agreement and (b) have not received from MARAD a notification to the effect that any Borrower Entity has failed to comply with the CPA Requirements or the CPA Compliance Agreement, which has not been withdrawn. From and after the date that is 24 months after the First Advance Date, the Borrower has received a notification of compliance with the CPA Requirements from MARAD.
CARGO PREFERENCE ACT. DOE shall have received a fully executed copy of that letter agreement dated January 8, 2014, between the Borrower and the United States Maritime Administration (the “CPA Agreement”), certified by the Borrower to be true, correct and complete.
CARGO PREFERENCE ACT. To the extent not previously received by the Guarantor, the Guarantor shall have received evidence of the delivery by the Borrower of each of the documents listed in Section 7.16 (Cargo Preference Act) with respect to CPA Goods the cost of which has been or is to be paid or reimbursed with proceeds of the Advances made on or prior to the Requested Advance Date and that have been delivered to a carrier and loaded for shipment to the Borrower or any of its contractors or their subcontractors.
CARGO PREFERENCE ACT. The Borrower shall comply at all times with all requirements (if any) of the Cargo Preference Act applicable to the Project.
CARGO PREFERENCE ACT. DOE shall have received a true, correct and complete fully executed copy of the CPA Compliance Agreement.
CARGO PREFERENCE ACT. (a) The Borrower shall comply with the Cargo Preference Act of 1954, as amended, and all related implementing regulations with respect to CPA Goods, unless it has reached an agreement with the United States Maritime Administration with respect to such compliance, in which case it shall comply with such agreement.
(b) Without limiting the generality of the foregoing, and unless the Borrower has reached an agreement with the United States Maritime Administration excusing it from the following obligations or otherwise providing for its compliance with the Cargo Preference Act of 1954, as amended, the Borrower shall:
(i) deliver to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 (x) in the case of shipments originating outside of the United States, within [*****] (as such term is used in 46 C.F.R. 381.7) or (y) in the case of shipments originating within the United States, within [*****], in each case, following the date of loading any CPA Goods, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of CPA Goods; and
(ii) ensure all agreements whereby the Borrower procures, contracts for, or otherwise obtains CPA Goods provide for (x) compliance with the Cargo Preference Act of 1954, as amended, and all related implementing regulations with respect to CPA Goods, (y) the utilization of privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels and (z) delivery of the required shipment information as set forth in clause 7.16(i) above, as applicable.
CARGO PREFERENCE ACT. Use of United States-Flag Vessels.
a. ACRO has been advised that the equipment, materials and commodities to be delivered under this agreement are subject to the provisions of the Cargo Preference Act of 1954 (Pub. L. No. 83-664, 46 U.S.C. § 55305). The requirements of this Section are an essential term of the contract.
b. ACRO shall use privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever transporting any equipment, material, or commodities in ocean vessels pursuant to this agreement, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. c. ACRO shall furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill- of-lading in English for each shipment of cargo described in paragraph (b) to both the customer (through higher-tier contractors in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. d. ACRO shall insert the substance of this Section in all subcontracts issued pursuant to this agreement. e. ACRO shall provide such other information and reports as HI-POWER may reasonably require to demonstrate compliance.
