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US Extends Jones Act Waiver by 90 Days, Tightens Compliance Rules

US extends Jones Act waiver 90 days from Aug 17; new vessel availability requests and reporting rules apply.

The US Department of Homeland Security has approved a second 90-day extension of a Jones Act waiver, allowing certain cargoes to continue moving on foreign-flagged vessels between US ports under specific conditions. The extension takes effect at 12:00 a.m. ET on August 17, 2026, and runs through 11:59 p.m. ET on November 15, 2026.

US Customs and Border Protection (CBP), which announced the decision on Thursday, said any covered product must be loaded onboard a vessel before the waiver expires. The agency also released an updated list of potentially covered products as of August 17.

CBP noted that the guidance serves as notice of substantial changes to the waiver request process. Parties seeking to use a foreign-flagged vessel under the waiver must now submit a written "vessel availability request" to the Department of War (DOW), the Maritime Administration (MARAD), and CBP before a voyage begins.

The request must include details such as the vessel's identity, ownership, voyage dates, ports of loading and discharge, cargo description, shipment frequency, and an explanation of why the transportation is in the interest of national defense.

MARAD will then survey whether a coastwise-qualified US vessel is available for the transportation. Based on the survey results, DOW will decide whether the waiver applies to the proposed voyage and whether a foreign-flagged vessel may be used.

Once approved, the trade community member who initiated the request will contact appropriate carriers to arrange transportation. Carriers operating under the waiver must provide voyage information to CBP and submit post-voyage reports to MARAD within 10 days of completing the voyage, including cargo details and justification for the waiver.