Cargo Systems Messaging Service
CSMS # 68096516 - Implementation of Jones Act Waiver Issued to the Department of War, Dated March 17, 2026
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 p.m. 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:
- Upload the paper 1302 into the Document Imaging System (DIS) in VECS;
- Send an email to both port of loading and port of discharge; or
- 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.
Please report this information to: marad.milcargo@dot.gov. Within 48 hours after receiving this information, the Maritime Administrator shall publish such report on an appropriate website of the Department of Transportation.
If you have already commenced such transportation pursuant to the March 17, 2026, waiver, please provide the details set forth above by email to jonesact@cbp.dhs.gov.
All questions regarding the Jones Act Waiver issued on March 17, 2026, should be emailed to jonesact@cbp.dhs.gov
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