Keith B. Letourneau, Natalie M. Radabaugh, and G. Evan Spencer ●
Based on a request by the Department of War, the Trump Administration announced a 60-day limited waiver of the Jones Act (46 U.S.C. § 55102) on March 17, 2026, in response to energy market volatility amid the ongoing U.S.-Israel war against Iran. According to the March 19 bulletin published by U.S. Customs and Border Protection (“CBP”), the waiver permits foreign-flag vessels to transport certain goods, including oil, natural gas, coal, and fertilizer (see full List of Potentially Covered Products as of March 18 2026), between U.S. ports for the duration of the waiver period, which will expire on May 17, 2026, at 11:59 p.m. E.D.T.
Background on the Jones Act
The Jones Act (formally known as the Merchant Marine Act of 1920) was enacted by Congress in 1920 as part of an effort to rebuild the U.S. shipping industry after World War I. At its core are regulations over coastwise trade, which require that any vessel transporting goods or passengers between U.S. ports must be built in the United States, 75-percent-owned by U.S. citizens at every tier of ownership, and crewed by U.S. citizens with limited exceptions—effectively barring foreign-flag vessels from the U.S. domestic maritime trade. While the law has long been supported by domestic shipping companies and shipyards, labor unions, and national security advocates, it does in effect reduce the number of potential vessels available to move goods around the United States, to the ire of various consumer groups.
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