The Federal Maritime Commission is accepting comments through Feb. 20 about (1) ongoing restrictions imposed by Spain that appear to create conditions unfavorable to shipping in U.S. foreign trade and (2) measures the FMC could consider to eliminate or counterbalance those restrictions.
In December 2024 the FMC initiated an investigation into reports that the government of 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 now states that information from multiple sources has confirmed the original reports and that Spain has justified these denials as supported by its right to exercise sovereign authority over its ports and follow its interpretation of Spanish, EU, and international law.
The FMC is therefore requesting further comments on whether Spain is creating general or special conditions unfavorable to shipping in foreign trade (see this notice for more details on the information being solicited) and if so, what remedial actions should be considered. Such actions could include restricting voyages to or from U.S. ports, imposing per voyage fees, limiting amounts or types of cargo, or taking any other action deemed necessary and appropriate. The FMC may also request that the Department of Homeland Security refuse entry or clearance to vessels, collect fees imposed by the FMC, or detain vessels about to depart from a U.S. port.
Copyright © 2025 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.