Key facts
- The Department of Homeland Security extended the Jones Act waiver for 90 days, starting August 17, 2026.
- The waiver allows foreign-flagged vessels to transport certain cargoes between U.S. ports.
- New compliance rules require a 'vessel availability request' submitted to multiple agencies.
- The Maritime Administration will assess U.S. vessel availability.
- The Department of War will make the final decision on waiver approval.
- Post-voyage reporting is mandatory for carriers operating under the waiver.
The U.S. Department of Homeland Security has granted a second 90-day extension for a Jones Act waiver, first issued on March 17, 2026. This extension, effective from August 17, 2026, permits specific covered cargoes to be transported between U.S. ports using foreign-flagged vessels under defined conditions. The waiver is set to expire on November 15, 2026, at 11:59 p.m. ET, with a stipulation that any covered product must be loaded onto a vessel before this deadline.
Alongside the extension, U.S. Customs and Border Protection (CBP) has introduced revised compliance rules for the waiver request process. Parties seeking to utilize foreign-flagged vessels must now submit a written 'vessel availability request' to the Department of War (DOW), the Maritime Administration (MARAD), and CBP prior to the voyage's commencement. This request necessitates detailed information including the vessel's identity, ownership, voyage dates, ports of loading and discharge, cargo description, shipment frequency, and a justification for why the transportation is deemed essential for national defense.
Following the submission, MARAD will conduct a survey to ascertain the availability of coastwise-qualified U.S. vessels for the intended transportation. Based on these findings, the DOW will determine whether the waiver is applicable to the proposed voyage and if a foreign-flagged vessel may indeed be used. Carriers operating under the waiver are also required to furnish voyage information to CBP and submit post-voyage reports to MARAD within 10 days of voyage completion, detailing cargo and the waiver's justification.