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09 May 2024
When is a Vessel Built in America 'US Built'?
The United States reserves its domestic maritime trade to vessels “built in the United States” under a set of laws popularly referred to as the “Jones Act.” What qualifies as “U.S. built” under the law and U.S. Coast Guard interpretations was recently tested in the U.S. Court of Appeals for the Fifth Circuit case of Diamond Services Corp. v. Curtin Maritime Corp.Coast Guard regulations provide a two-part test to determine whether a vessel constructed in the United States meets the “U.S.
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18 Dec 2023
The Man Behind the 'Jones Act'
Senator Wesley Livsey Jones gave his name to the famous “Jones Act” governing U.S. domestic maritime trade. But what do really know about him? It turns out that he was much more than a leading merchant marine policy maker. (i)Jones had a long career in the U.S. House of Representatives before he was a Senator, was an effective legislator, an astute politician, one of the hardest working legislators of his era, and always viewed as honest and forthright.
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11 Jan 2023
Jones Act Uncertainties Persist in US Offshore Wind
The Jones Act is a single sentence long, and yet somehow that reservation of U.S. domestic maritime commerce to qualified U.S.-flag vessels has spawned numerous complications with respect to offshore wind energy projects. Although not supported by prior experience, maybe 2023 will bring some clarity.U.S. Customs and Border Protection (CBP) is the primary source of guidance for how the Jones Act applies.
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07 Dec 2022
Jones Act Waiver Mess
Potential energy shortages in the U.S. northeast this winter have led to arguments that the U.S. Jones Act should be waived. These arguments rarely, however, grapple with what exactly it takes to waive the Jones Act. This is not blameworthy because the Jones Act waiver standard has been a mess. For decades the standard for granting a waiver was interpreted in way as to make it all but meaningless,…
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18 Jan 2019
U.S. Government Shutdown: Assessing the Impact on Maritime
On December 22, 2018, a continuing resolution passed by Congress to fund a portion of the U.S. Government into the 2019 fiscal year expired and was not renewed resulting in a partial federal government shutdown. Among the affected Executive Departments are the Department of Homeland Security (which includes the Coast Guard and Customs and Border Protection), the Department of Transportation (which includes the Maritime Administration)…
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01 Mar 2017
Last Port of Call for the U.S. Merchant Marine?
Part II in a two-part series, continued from the January 2017 edition of Maritime Reporter & Engineering News. Read Part I here. If reliance on the foreign commercial…
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06 Feb 2017
Last Port of Call for the US Merchant Marine?
The privately owned U.S.-flag foreign trading fleet, which is an essential component of U.S. sealift capability, stands on the edge of a precipice. The fleet – roughly stable in terms of cargo carrying capacity from 2000 to 2012 – has declined from 106 vessels in 2012 to 78 vessels at October 30, 2016 primarily because of a substantial decline in available U.S. Government-reserved cargo. The size of…