![]() ![]() Historically, these waivers have been granted to address an immediate need of the Department of Defense (“DOD”). Specifically, the Waiver Provision states that “n the request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers it necessary in the interest of national defense.” Waivers Requested by the Secretary of DefenseĪll waiver requests by the Secretary of Defense must be granted. It is discretionary and may only be granted if the Administrator of the Maritime Administration (“MARAD”) first determines that no U.S.-flag vessels are available. The other type of waiver may be granted at the discretion of Secretary of the Department of Homeland Security (“DHS”). One type that is requested by the Secretary of Defense is granted automatically. The general standard for waiving the Jones Act is if doing so is “necessary in the interest of national defense.” There are two types of Jones Act waivers. 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”). The Jones Act prohibits the “transportation of merchandise by water, or by land and water, between points in the United States. ![]() 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. In reality, however, there exists a misconception amongst many about the ease of obtaining a waiver to the Jones Act. 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. 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.” In reality, it is a simple task to demystify the thought that it is easy to obtain such waivers. There always seems to be constant chatter about waiving the Jones Act.
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