特朗普政府宣布放弃《琼斯法案》

US – March 2026 The Trump administration’s announcement puts this little-known shipping law into focus. The Merchant Marine Act of1920, commonly referred to as the Jones Act, restricts thetransportation of merchandise between two coastwise pointsin the US to Jones Act-qualified vessels. A Jones Act vesselmust be owned and operated by US citizens, built in the US,manned by US citizens and fly the US flag. In other words, itprohibits the vast majority of the global shipping fleet fromtransporting goods (or passengers) between any two ports orpoints in the US. The ongoing Iran conflict has triggeredwidespread global disruption, includingimmediate energy price spikes and potentialfood security threats due to fertilizershortages. The global transportation sector is witnessing the mostsignificant impacts on global maritime transportation withattempts at blocking or disrupting the Strait of Hormuz, andpotentially the Red Sea, endangering some of the most criticalglobal trade routes. However, few observers would haveanticipated the Iran conflict having an immediate impact onUS domestic shipping and service to US ports some 7,000 to8,000+ miles (11,000–13,000+ km) away, and yet it has. The Jones Act was enacted after World War I, and wasintended to bolster US merchant shipping, as well as toensure that there was sufficient US sealift capacity availablein times of conflict or national emergency. As a protectioniststatute, the Jones Act is strictly construed. Jones Actviolations may result in significant penalties, which includemonetary fines and cargo forfeiture. There is a limitedmechanism that allows the Jones Act to be waived. On March 17, 2026, the Trump administration announced atemporary, limited waiver of the Jones Act to allow foreign-flagged vessels to transport a range of cargo between USports for the next 60 days.1The waiver was granted by theUS Department of Homeland Security (DHS) to allow foreign-flagged vessels to transport certain commodities between USports. The short-term waiver of the Jones Act, which is tiedto certain listed commodities and to transportation conducted“within the parameters” of the waiver itself, has been castby the Trump administration as a way to ease the shipmentof energy products vital to national security and preventshortfalls that could disrupt military operations. As stated in apost on X (formerly Twitter) by White House Press SecretaryKaroline Leavitt: Section 501 Jones Act Waivers Although rarely granted, the Jones Act may be waived for alimited duration through administrative action in the interestof national defense, at the request of either the secretary ofdefense or the secretary of the DHS. These administrativeactions are commonly called Section 501 waivers. Historically, Jones Act waivers were granted followingsignificant national events. Waivers were granted in 2017,following Hurricanes Havery and Maria. More recently, aJones Act waiver was granted in 2021, following the ColonialPipeline cyberattack. President Trump’s decision to issue a 60-day Jones Act waiver is just another stepto mitigate the short-term disruptions tothe oil market as the US military continuesmeeting the objectives of Operation EpicFury. This action will allow vital resourceslike oil, natural gas, fertilizer and coal toflow freely to US ports for 60 days, andthe administration remains committed tocontinuing to strengthen our critical supplychains. In this instance, DHS issued a Section 501(a) waiver at therequest of the Department of Defense (DOD)2. Consistentwith the waiver’s not being a general suspension of coastwiseactivity, it was issued on March 17, 2026, and expires on May17, 2026, at 11:59 p.m. EST. The waiver was issued directly inresponse to the ongoing conflict with Iran. 46 U.S.C Section 501 provides two different paths to waivethe Jones Act. While Jones Act waivers are tied to nationalsecurity, Sections 501(a) and 501(b) take different paths: CBP Guidance on Implementation of TheJones Act Waiver DOD Waivers A Section 501(a) waiver requires a finding by the US secretaryof defense that it is “necessary in the interest of nationaldefense to address an immediate adverse effect on militaryoperations.”3Within 24 hours of requesting a waiver, thesecretary of defense must submit to Congress “a writtenexplanation of the circumstances requiring such a waiver inthe interest of national defense, including a confirmation thatthere are insufficient qualified vessels to meet the needs ofnational defense without such a waiver.”4 In a CSMS announcement, CBP “requests” that “anymember of the trade community” who “intends” to transportcommodities under the waiver should provide notification toCBP at jonesact@cbp.dhs.gov. See CSMS #68096516. Useof the term “requests” may reflect the fact that notice wasnot established pursuant to a formal rulemaking. It shouldnevertheless be treated as a requirement. Use of the term“intends” suggests that notification should be given prior tothe shipment