On March 17, 2026, the U.S. Department of Homeland Security (DHS) issued a limited waiver of the Jones Act (46 U.S.C. § 55102), following a request from the Department of War.
The waiver is valid for a 60-day period, expiring at 11:59 p.m. EDT on May 17, 2026, and allows the transportation of specified commodities between U.S. ports on foreign-flag vessels, subject to strict reporting and compliance requirements.
What This Means for Operators
This temporary waiver provides flexibility for the movement of certain cargoes during the defined period. However, compliance obligations remain stringent, and operators must adhere to U.S. Customs and Border Protection (CBP) procedures.
Any company intending to transport eligible commodities under the waiver must notify CBP in advance at [email protected]
Required Notification Details:
- Vessel name (including IMO number and flag)
- Commodity and relevant Harmonized Tariff Schedule (HTS) Code
- Carrier
- Ports and dates of departure and arrival (include CBP port code)
Entry and Clearance Requirements Remain in Force
Despite the waiver, foreign-flag vessels operating under it must still comply with standard vessel entry and clearance procedures.
- All vessels must file entry via the Vessel Entrance and Clearance System (VECS) in ACE
- A formal vessel entry is mandatory, even for domestic cargo movements
- Non-compliance with reporting requirements may result in civil or criminal penalties under U.S. law
Cargo Declaration Requirements
Carriers engaging in trade under this waiver must provide a paper CBP Form 1302 (“Inward Cargo Declaration”) for all U.S. domestic cargo laden from and intended for a U.S. port of entry
For the purposes of this waiver:
- “Last Foreign Port Before U.S.” should be the previous immediate U.S. port of departure
- “Foreign Port Where Cargo is Laden on Board” should be the U.S. port of lading
The following statement must be included on the form:
- “Shipment described is a domestic shipment moving under the requirement of the Jones Act waiver issued March 17, 2026.”
If all required elements are included, CBP will allow the cargo to be cleared as domestic cargo.
Submission options for CBP Form 1302:
- Upload into the Document Imaging System (DIS) in VECS
- Email to both the port of loading and port of discharge
- Provide a physical copy to local CBP offices at both ports
Post-Voyage Reporting
Within 10 days of voyage completion, the vessel owner or operator (and the waiver requester, if different) must submit a report to the Maritime Administrator at [email protected]
The report must include:
- Vessel name and flag
- Name of the owner and operator
- Dates of the voyage
- Relevant ports of call
- Description of cargo carried
- Explanation of why the waiver was in the interest of national defense
- Any additional information required by the Maritime Administrator
Within 48 hours of receipt, the Maritime Administrator will publish the report on an appropriate Department of Transportation website.
Additional Information
Operators who have already commenced transportation under the March 17, 2026 waiver are requested to submit the required details to CBP without delay.
All questions regarding this waiver should be directed to [email protected]
For any operational questions or support related to U.S. ports, Inchcape Shipping Services’ local experts are available to assist.
- USA West Coast: [email protected]
- USA East Coast: [email protected]
- US Gulf Coast: [email protected]