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Act Waiver

How Difficult is it to Obtain a Jones Act Waiver?

The American Salvage Association’s Jon Waldron provides the ultimate cabotage primer. There always seems to be constant chatter about waiving the Jones Act. In reality, it is a simple task to demystify the thought that it is easy to obtain such waivers. To set the stage, in one of her first press conferences after taking the chairmanship of the Senate Energy Committee, Senator Mary Landrieu exclaimed that “Waiving the Jones Act literally hands over work to foreign shippers.”  The fact that Senator Landrieu’s comments were not directed against any potential waiver of the Jones Act shows the controversy that Jones Act waivers can rise in the maritime and energy sectors.  In reality, however, there exists a misconception amongst many about the ease of obtaining a waiver to the Jones Act.   Accordingly, this article will discuss the requirements for obtaining a waiver, analyze key past Jones Act waivers, and look to possibilities for future Jones Act waivers. Jones Act Waivers in Law and Practice The Jones Act prohibits the “transportation of merchandise by water, or by land and water, between points in the United States . . . either directly or via a foreign port” unless the vessel was built in the United States and is U.S.-owned and registered under the U.S.-flag (commonly called “coastwise vessels”)


MARAD: Jones Act Waiver Reporting Requirements

Maritime Administration Reporting Requirements For The Special Purpose Jones Act Waiver.   Hurricane Sandy Special-Purpose Jones Act Waiver Reports to Maritime Administration as Required by Waiver   On November 2, 2012, the Department of Homeland Security, in consultation with the US Department of Energy and the Maritime Administration, issued a waiver of the Jones Act to allow non U.S.-flagged oil tankers coming from ports in the Gulf Coast Petroleum Administration for Defense


Jones Act Waiver Requested for Skimmers to Gulf

(PRNewsFoto/Allegiance Capital Corporation)

Fred McCallister, an investment banker with Allegiance Capital Corporation, sent a letter to Incident Commander Admiral Thad Allen on June 17 asking for a limited waiver of the Jones Act, to enable 12 to 25 foreign flagged skimmer ships to assist in clean-up efforts in the Gulf. "Many in the Gulf have been calling for this equipment, which can collect 3,500 gallons of oil per hour per vessel from Gulf waters. With estimates now at 2


Task Force Opposes Repeal of Jones Act

The Maritime Cabotage Task Force stated that it opposes legislation to repeal the Jones Act, saying that all the McCain bill would do is put more Americans out of work. “The McCain bill proposes to eliminate the very American industry that is helping to clean up the spill - an industry that supports 500,000 U.S. jobs - and outsource that work to foreign workers and foreign companies registered in nations like Liberia and the Marshall Islands that operate outside of American law


Bill Introduced To Protect American Maritime Jobs

Working to create and preserve American jobs, Congressmen Elijah E. Cummings (D, MD-7) and Jeff Landry (R, LA-3) today introduced the American Mariners Job Protection Act (H.R. 3202), a bill with bipartisan support that will increase government transparency surrounding the issuance of waivers allowing non-Jones Act-qualified vessels to carry cargo between U.S. ports.    Under current law, when the head of the agency responsible for the administration of the Jones Act believes


OP/ED: Actions Speak Louder Than Words

Thomas Allegretti, President & CEO of the American Waterways Operators (AWO)

On June 27, I testified on behalf of the American Maritime Partnership (AMP) before the House Coast Guard and Maritime Transportation Subcommittee at a hearing that questioned the Administration’s skirting of the Jones Act during last summer’s Strategic Petroleum Reserve (SPR) drawdown.   Members of Congress were keenly interested in understanding how the Administration authorized waivers for foreign flag ships to carry U.S. oil between U.S


Jones Act Reform Legislation Reintroduced

Senators Sam Brownback (R-Kan.), Jesse Helms (R-N.C.), Pat Roberts (R-Kan.), Richard Lugar (R-Ind.), Conrad Burns (R-Mont.) and Peter Fitzgerald (R-Ill.) reintroduced legislation (S.1032) designed to reform the U.S.-build requirement of the Jones Act. This bill, similar to the one introduced by Brownback last summer, would allow foreign-built dry- and liquid-bulk oceangoing self-propelled ships over 1,000 tons to ply the U.S. Coastwise trade under U.S. flag. The U.S


Interview: David C. Hanby, Jr., President & COO McDonough Marine

David C. Hanby, Jr., President & COO McDonough Marine

David C. Hanby, Jr., President & COO McDonough Marine shares with readers of MarineLink.com his insights on key market drivers for the coming year.    What legislative/political issue do you count as the most important for the marine industry in the next few years? DH: Effective funding of infrastructure improvements of the waterway facilities our industry depends on to provide efficient, safe, environmentally friendly transportation of our nation's commodities


Senator Landrieu Defends Jones Act

Source: wikimedia.org

The United States should strengthen a century-old law designed to protect the domestic shipping industry, rather than relax it under pressure from the energy industry, the chair of the Senate Energy Committee said on Tuesday.   The 1920 Jones Act restricts the delivery of goods between U.S. ports to ships made in the United States and flying the country's flags.   Mary Landrieu, a Louisiana Democrat, said defending the law is one of her top priorities and cautioned the Obama


Sen. McCain Vows Jones Act will be Repealed

Senator John McCain

  Senator John McCain said a more than 90-year-old law that requires ships servicing coastal businesses to be built and mostly staffed by U.S. crews will be repealed sooner or later if lawmakers keep fighting the trade restriction. Oil refiners, and many manufacturers and state governments oppose the Jones Act, saying the requirement increases costs by blocking shipping by cheaper foreign-built and foreign-flagged vessels.


Dryships Announces Deleveraging Transaction

File photo: Ocean Rig Corcovado and Ocean Rig Olympia naming ceremony at Samsung Heavy Industries

 DryShips Inc., owner of drybulk carriers and offshore support vessels,  announces deleveraging transaction and vessel sale.   It has reached an agreement with Sifnos Shareholders Inc. (sifnos) to convert $8.75 million of outstanding principal amount  


Tidewater Gets Waiver Extensions

Photo Tidewater

As previously reported, Tidewater Inc. (NYSE: TDW) has been in discussions with its principal lenders and noteholders to amend the company's various debt arrangements to obtain relief from certain covenants. Pending the resolution of those discussions


Rickmers Maritime: Uncertain Outcome casts Doubt on Business

File Image: CREDIT Rickmers

Rickmers Maritime, a Singapore-listed trust that operates container ships, said it faces the risk of going out of business given the uncertain outcome of its discussions with bondholders and senior lenders about restructuring its debt. The firm said it would not be able to pay an interest of S$4


SCA Urges Congress to Fund Navy Shipbuilding

Matthew Paxton (Photo: SCA)

U.S. Congress announced this morning that it would likely pass a short-term continuing resolution (CR) extension through March 2017.   Addressing the proposed CR, the Shipbuilders Council of America (SCA) president, Matthew Paxton, issued the following statement.  


Vessel Discharge Amendment Push Continues

Craig Montesano (Photo: AWO

AWO voices strong opposition to McCain anti-Jones Act amendment   The American Waterways Operators (AWO) is continuing an intensive lobbying campaign to bring the Vessel Incidental Discharge Act (VIDA) to a vote in the Senate and working with the American Maritime Partnership to strenuously


K&L's Gorton Stresses Critical Role of Jones Act

Gorton: “Helping plug a porous border is a benefit of the Jones Act that is far too often overlooked and one that should not be underestimated by any presidential candidate.”   A former member of the 9-11 Commission recently wrote in The Hill that an “often


Marad Chief, Coast Guard Commandant Advocate for Jones Act

Coast Guard Commandant Admiral Paul Zukunft  (Photo: U.S. Coast Guard)

Adm. Zukunft: “If you take the mariners away, what is the world going to look like 10 years from now? If we don’t have a US fleet or US shipyard to constitute that fleet, how do we prevail?”   The House subcommittee on Coast Guard and Maritime Transportation held a hearing


Oil Spill Response: Responder Immunity Analyzed

On February 16, 2016, Judge Carl J. Barbier of the United States District Court for the Eastern District of Louisiana granted summary judgment in favor of the various commercial oil spill response companies involved in the federal government’s response to the Deepwater Horizon (DWH) oil


AWO President Champions the Jones Act

Tom Allegretti (File photo)

On April 14 in testimony before the Coast Guard and Maritime Transportation Subcommittee of the House Transportation and Infrastructure Committee, Tom Allegretti, President & CEO of The American Waterways Operators (AWO), will press for continued defense of the Jones Act and a uniform federal


Maersk Cuts Landing Certificate Issuance Time

Maersk Line Logo

* Maersk Line will introduce a simplified process for obtaining the Landing Certificates from May 1st , 2016   * Maersk line waives off the  Landing Certificate fee of INR 1000 Mumbai, 25th April, 2016: Maersk Line India has taken a major leap towards simplifying the Landing


UASC Completes Award Winning Finance Deal

Photo courtesy of UASC

United Arab Shipping Company (UASC) announced  the recent conclusion of a series of transactions that resulted in the issuance by a U.S. based trust of $162 million of Enhanced Maritime Trust Certificates (EMTC). The EMTCs were issued in an offering pursuant to Section 4(a)(2) and Regulation


CMA CGM Intends Offer to Acquire NOL

Following the satisfaction and waiver (as the case may be) of the conditions set forth in the pre-conditional offer announcement dated 7 December 2015, CMA CGM S.A. (CMA CGM), announced its firm intention to make an all-cash voluntary conditional general offer (Offer) for all the outstanding


Cochin Port Gets a Little 'Breathing Space'

Photos: Cochin Port Trust

 The Cabinet Committee on Economic Affairs of India, chaired by the Prime Minister Narendra Modi, has given its approval for waiver of penal interest on Government of India (GOI) loans availed of by Cochin Port Trust (CPT) to the tune of Rs 897


CMA CGM Delists Neptune Orient Lines

File Pic: Neptune Orient Lines

 Shares of Neptune Orient Lines (NOL) - now a wholly owned unit of French container ship operator CMA CGM - delisted from the Singapore Exchange (SGX) with effect from 9am September 07.   CMA CGM said in a press release on Monday (Sep 5) that NOL had obtained the necessary waivers and


India to Promote Cruise Tourism in Cochin

Photo: Cochin Port Trust

 Cochin Port is planning a new cruise terminal project at Ernakulam Wharf to accommodate cruise vessels in the most professional manner comparable to international standards.    Pon. Radhakrishnan, Hon’ble Union Minister of State for Road Transport, Highways and Shipping






 
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