Trump Administration Issues 60-Day Jones Act Waiver Amid the Iran War( continued from page 8)
In addition, in accordance with 46 U. S. C. § 501( c), no later than 10 days after the date of conclusion of the voyage of a foreign-flag vessel that is operated under this waiver, the owner or operator of the vessel and the individual requesting such waiver( if not the owner or operator of the vessel) shall submit to the Maritime Administrator at marad. milcargo @ dot. gov a report including the following information:
• The name and flag of the vessel;
• The name of the owner and operator of the vessel;
• The dates of the voyage;
• Any relevant ports of call;
• A description of the cargo carried;
• An explanation as to why the waiver was in the interest of national defense; and
• Any other information the Maritime Administrator determines necessary.
Because the party requesting the waiver in this case was the Department of Defense, the U. S. Department of Transportation, Maritime Administration(“ MARAD”) reporting requirement seems to fall solely on the vessel owner or operator. MARAD will publish such reported information online within 48 hours of receiving it.
Key Takeaways Before proceeding with any transportation under the waiver, parties should be aware of the full scope and parameters of the waiver and should consider the following:
1. Covered Cargo: Parties should carefully review and confirm the cargo they intend to transport is included on the CBP list of covered cargo.
2. Waiver Period: Parties should keep an eye on the waiver period( set to expire at 11:59 p. m. E. D. T. on May 17, 2026) and timing of cargo loading. Cargo must have been at sea when the waiver period began( a difference from prior waivers), or must be loaded prior to the expiration of the 60-day window. Importantly, as long as the cargo is loaded prior to the expiration of the window, it can be discharged at a U. S. port after the deadline.
3. Reporting Requirements: Parties should ensure that they are complying with the various documentation and reporting requirements discussed above and in greater detail in the CBP bulletin. Parties should also keep detailed records of all transportation conducted under the waiver in case of any disputes or audits.
4. Crew Issues: Parties should be aware that the waiver does not affect the visa requirements otherwise applicable to foreign crew sailing in U. S. waters. Current regulations limit presence in the United States under a D-Visa to 29 days, meaning the vessel must call on a foreign port for this visa clock to reset. Even if a vessel sails in international waters between two points in the United States, the 29-day clock keeps ticking for the duration of the voyage, posing challenges for transits from the U. S. East Coast to Hawaii.
5. Potential Legal Challenges: Parties should also be mindful that there is a potential for legal challenges to the waiver by domestic interests. This waiver is longer in duration than many previous waivers and the official justification has not yet been published. Many Jones Act industry groups have already criticized the waiver and its intended purpose.
6. Taxation: Wholly domestic voyages by foreign flag vessels under the waiver may be subject to different tax treatment than voyages in the U. S.-foreign trade. Parties should evaluate any additional U. S. tax consequences from earning revenue in the domestic U. S. trade.
p – 2026 BLANK ROME LLP
This article was first published as a Maritime client alert on March 26, 2026.
9 • MAINBRACE