Merchant Shipping Allowed in Foreign Bottoms, U.S. Extends Jones Act Waiver by 90 Days; New Compliance Requirements Issued

Key Highlights

· U.S. Customs and Border Protection announced updated guidance on implementation of the March 17, 2026 Jones Act waiver.

· The Department of Homeland Security approved a 90-day extension of the waiver at the request of the Department of War, beginning May 18, 2026.

· The extended waiver now runs until 11:59 p.m. EDT, August 16, 2026, with covered products required to be loaded onboard vessels before that deadline.

Updated Compliance Requirements

· Trade participants using foreign-flag vessels under the waiver must notify CBP via jonesact@cbp.dhs.gov with:

o Vessel name, IMO number and flag

o Commodity and HTS code

o Carrier details

o Ports and dates of departure/arrival, including CBP port code

o PDF copy of CBP Form 1302 (newly added requirement)

· CBP also issued an updated list of potentially covered products as of 24 April 2026.

Vessel Entry and Reporting Rules Remain in Force

· Foreign vessels operating under the waiver remain subject to vessel entrance and clearance requirements through the Vessel Entrance and Clearance System (VECS) in ACE.

· Carriers must submit CBP Form 1302 (Inward Cargo Declaration) for domestic cargo moved under the waiver.

· Form 1302 may be submitted through:

1. Upload to Document Imaging System (DIS) in VECS

2. Email to loading and discharge ports

3. Physical submission to local CBP ports

Post-Voyage Reporting Obligation

· Under 46 U.S.C. 501(c), vessel operators must submit a report to the Maritime Administrator within 10 days after voyage completion, covering:

o Vessel and operator details

o Voyage dates and ports of call

o Cargo description

o National defense justification for waiver use

Background

· The original waiver, issued 17 March 2026, covered a 60-day emergency period through 17 May 2026.

· The new extension prolongs flexibility for transport of designated commodities in support of national defense and supply continuity.

Overall Message

The U.S. has extended Jones Act waiver relief through mid-August, while tightening documentation and reporting requirements for carriers using foreign-flag vessels under the national defense waiver.

[ABS News Service/25.04.2026]

U.S. Customs and Border Protection (CBP) is providing updated guidance to CSMS #68096516, CSMS #68180454, and CSMS #68370692. This guidance serves as notice that the Department of Homeland Security (DHS) has approved an extension of the waiver, dated March 17, 2026, at the request of the Department of War (DOW). The waiver will be extended for a period of 90-days commencing on May 18, 2026 at 12 a.m. Thus, CBP has determined that to be compliant with the extended waiver, any covered product must be loaded onboard the relevant vessel before the deadline expires at 11:59 pm Eastern Daylight Time on Sunday, August 16, 2026. With notice of this extension, CBP is also providing an updated list of potentially covered products (attached) as of April 24, 2026.

CBP is adding an additional data element to initial request to jonesact@cbp.dhs.gov which is a Pdf copy of the CBP Form 1302.

Therefore, any member of the trade community who intends to conduct transportation of commodities listed in the attachment on a foreign-flag vessel, authorized by and within the parameters of the March 17, 2026 waiver, notify CBP at jonesact@cbp.dhs.gov with the following information of any such transportation:

· 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)

· Pdf copy of the CBP Form 1302

Original CSMS Messages #68096516, #68180454, and #68370692 listed below.

U.S. Customs and Border Protection (CBP) is providing updated guidance to CSMS #68096516 and CSMS #68180454. This guidance includes an updated list of potentially covered products (attached) as of April 16, 2026. Original CSMS Messages #68096516 and #68180454 listed below.

U.S. Customs and Border Protection (CBP) is providing updated guidance to CSMS # 68096516 - Implementation of Jones Act Waiver issued to the Department of War, dated March 17, 2026. This guidance includes an updated list of potentially covered products (attached) as of March 27, 2026. In addition, CBP clarifies its interpretation of the applicability of the waiver deadline. Specifically, CBP has determined that to be compliant with the waiver, any covered product must be loaded onboard the relevant vessel before the deadline expires at 11:59 pm Eastern Daylight Time on Sunday, May 17, 2026. Background information below. Original CSMS Message #68096516 listed below.

On March 17, 2026, the Department of Homeland Security (DHS) issued a limited waiver of 46 U.S. C. § 55102 (the "Jones Act") pursuant to 46 U.S.C. § 501(a), at the request of the Department of War. The approved waiver covers a 60-day period that expires at 11:59 pm Eastern Daylight Time on Sunday, May 17, 2026. U.S. Customs and Border Protection (CBP) requests that any member of the trade community who intends to conduct transportation of commodities listed in the attachment on a foreign-flag vessel, authorized by and within the parameters of the March 17, 2026 waiver, notify CBP at jonesact@cbp.dhs.gov with the following information of any such transportation:

· 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)

Per 19 U.S.C. § 1434(a)(2), and as implemented in 19 C.F.R. Part 4, any foreign vessel arriving from a domestic port must file a formal entry (of the vessel), regardless of the cargo carried. As such, foreign-flagged vessels transporting cargo pursuant to this waiver remain subject to vessel entrance and clearance requirements and should use the Vessel Entrance and Clearance System (VECS) in the Automated Commercial Environment (ACE). Per 19 C.F.R. § 4.3a, violations of the arrival or entrance reporting requirements provided for 19 C.F.R. Part 4 may result in the master being liable for certain civil and criminal penalties, as provided under 19 U.S.C. 1436.

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 paper CBP Form 1302s being used for this waiver only, the “Last Foreign Port Before U.S.” should be the previous immediate U.S. port of departure and “Foreign Port Where Cargo is Laden on Board” should be the U.S. port of lading for the domestic cargo. The following statement should be included: “Shipment described is a domestic shipment moving under the requirement of the Jones Act waiver issued March 17, 2026.” If all these elements are included on the paper CBP Form 1302, CBP will allow the cargo to be cleared as domestic cargo. Vessel carriers have three options to submit the CBP Form 1302:

1. Upload the paper 1302 into the Document Imaging System (DIS) in VECS;

2. Send an email to both port of loading and port of discharge; or

3. Provide physical copy to local CBP port of loading and port of discharge.

Please note that, in accordance with 46 U.S.C. 501(c), no later than 10 days after the date of conclusion of the voyage of a vessel that is operated under this waiver, the owner or operator of the vessel and the individual requesting such waiver (if not the owner or operator of the vessel) shall submit to the Maritime Administrator a report including the following:

· The name and flag of the vessel;

· The name of the owner and operator of the vessel;

· The dates of the voyage;

· Any relevant ports of call;

· A description of the cargo carried;

· An explanation as to why the waiver was in the interest of national defense; and

· Any other information the Maritime Administrator determines necessary.