US Extends Jones Act Waiver for 90 Days, Implements Stricter Compliance Rules

The U.S. Department of Homeland Security (DHS) has approved a second 90-day extension of a Jones Act waiver, allowing specific cargoes to continue moving on foreign-flagged vessels between domestic ports. The extension, announced Thursday by U.S. Customs and Border Protection (CBP), follows an initial waiver first issued on March 17, 2026.

Waiver Details and Timeline

The new waiver period will commence on August 17, 2026, at 12:00 a.m. ET and is set to expire at 11:59 p.m. ET on November 15, 2026. According to CBP guidance, any product covered by the waiver must be loaded onto a vessel before the November expiration date. The agency also noted it released an updated list of potentially covered products effective August 17.

For shipping and logistics operators, this extension provides continued flexibility. However, the accompanying procedural changes signal a tightening of regulatory oversight that could impact the ease of utilizing the waiver.

Revised Compliance Process

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CBP announced "substantial changes" to the waiver request process, shifting to a more stringent, pre-voyage approval system. Parties seeking to use a foreign-flagged vessel must now submit a formal "vessel availability request" before a voyage begins.

This new procedure involves several key steps:

• Pre-Voyage Request: A written request must be submitted to the Department of War (DOW), the Maritime Administration (MARAD), and CBP.
• Detailed Justification: The request must include the vessel's identity, ownership, voyage dates, ports, cargo description, and an explanation of why the transport is in the interest of national defense.
• Availability Survey: MARAD will conduct a survey to determine if a qualified U.S.-flagged vessel is available for the proposed shipment.
• Final Approval: Based on MARAD's findings, the DOW will decide whether the waiver applies and if a foreign vessel can be used.

Carriers operating under the waiver are also required to provide voyage information to CBP and submit post-voyage reports to MARAD within 10 days of completion. These new requirements introduce significant administrative hurdles and underscore a regulatory preference for using domestic vessels whenever possible, a core tenet of the Jones Act.