Import Restrictions, Ship Fees Proposed Against Spain

The Federal Maritime Commission has issued a proposed rule that would impose retaliatory measures in response to unfavorable shipping conditions created by the government of Spain. Comments on this proposal are due no later than Dec. 14.

In December 2024 the FMC initiated an investigation into reports that Spain is denying entry to its ports to certain U.S. vessels, including U.S.-flagged vessels participating in the Maritime Security Program, on the grounds that they were carrying cargo bound for or coming from Israel. The FMC has confirmed those reports and determined that this policy has created unfavorable shipping conditions in the foreign trade by preventing U.S. flag vessels from carrying goods destined for Spanish ports and picking up Spanish goods for carriage to non-Spanish ports.

In response, the FMC is now proposing to impose a $200,000 per voyage fee on all Spanish-flagged vessels entering U.S. ports.

The FMC is also proposing to “limit meaningful volumes” of imports from Spain of all goods falling under HTSUS chapters 15 (oils and fats), 17 (sugar and confectionaries), 33 (perfumery and cosmetics), 68 (articles of stone), and 69 (ceramics). Specifically, the proposed regulatory language states that if any vessel (not just Spanish vessels) transports any covered goods to a U.S. port and offloads them, the FMC may request that the Department of Homeland Security refuse clearance to that vessel until the covered goods are reloaded onto it. Further, if any vessel transports any   covered goods destined to the U.S., the FMC may request that DHS deny entry to that vessel or detain it.

However, the FMC emphasizes that the above is a proposed list and that it may choose to broadly limit imports, impose more targeted limitations, limit only certain of the categories described above, or take some combination of these options.

The FMC adds that if it finds that U.S. carriers or shippers have been subjected to discriminatory fees, restrictions, services disruptions, denial of access to ports, or other retaliatory measures by Spain, the ship fee will be increased and additional goods will be added to the above list.