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USTR Announces Streamlined Notice of Action to Counter Chinese Dominance in the Maritime Sector

The U.S. Trade Representative (USTR) on April 17, 2025, announced its long-awaited final proposed measures to combat China's dominance in the maritime sector by imposing fees on Chinese-linked ships. Public criticism of...more

New Executive Order Signals Trump Administration Investment in U.S. Maritime Sector

A much-anticipated executive order (EO), "Restoring America's Maritime Dominance," issued on April 9, 2025, follows President Donald Trump's comments during his March 4, 2025, joint address to Congress, during which he vowed...more

Trump and the Federal Maritime Commission: Impacts of a New Administration

Significant changes are expected at the Federal Maritime Commission (FMC), the bipartisan body tasked with regulating the U.S. international ocean transportation system for the benefit of U.S. exporters, importers and...more

Issues to Watch: Potential Impacts of the Trump Administration on Marine Terminal Operators

As we move into 2025 and the Trump Administration prepares to take control of the government, marine terminal operators are anxiously and optimistically awaiting resolution of the labor disputes between terminal operator...more

Federal Maritime Commission Announces Demurrage and Detention Final Rule

Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal...more

FMC Issues Proposed Rule on OSRA Refusal to Deal on Vessel Space Accommodations

The Federal Maritime Commission (FMC) announced on Sept. 13, 2022, that it is seeking public comment on a Notice of Proposed Rulemaking (NPRM) addressing what constitutes an unreasonable refusal to deal or negotiate with...more

Beyond the Ocean Shipping Reform Act: Recent FMC Decisions and Settlement Implications

Since its passage on June 16, 2022, the shipping industry is understandably focused on the implications of the Ocean Shipping Reform Act of 2022 (OSRA) (Pub. Law No. 117-146, 2022 Enacted S. 3580), and the rulemakings that...more

FMC Releases Final Fact Finding Recommendations, Stresses Mutually Enforceable Contracts

Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...more

BIMCO Releases New Contract Template for Commercial Vessel Sales and Purchases

The Baltic and International Maritime Council (BIMCO) has released SHIPSALE 22, a new standard contract form for use by commercial sellers and purchasers of vessels. SHIPSALE 22 is intended to replace the popular SALEFORM...more

Executive Order Targeting Russian Energy Sector Has Immediate Effect on Shipping Industry

In the past week, the White House has launched additional salvos of sanctions against the Russian Federation in response to its continued efforts to undermine the sovereignty and territorial integrity of Ukraine. This Holland...more

Proposed Legislation Aims to Block Russian Vessels from U.S. Ports

As sanctions continue to ratchet up in response to Russia's unprovoked invasion of Ukraine, global responses in the maritime sector are moving at breakneck speed. Indeed, several governments are taking steps to block vessels...more

Biden Administration Intensifies Offensive Against Ocean Shipping Industry

The Biden Administration issued a press release and fact sheet on Feb. 28, 2022, titled "Lowering Prices and Leveling the Playing Field in Ocean Shipping." The release builds on a series of ongoing efforts to tackle supply...more

DOJ to Collusive Price Gougers Exploiting Supply Disruptions: We Will Prosecute You

The U.S. Department of Justice (DOJ) announced an initiative on Feb. 17, 2022, to investigate and prosecute individuals and businesses that engage in collusive schemes relating to supply chain disruptions. Seeking to protect...more

Federal Maritime Commission Continues to Grapple with Detention and Demurrage Issues

The Federal Maritime Commission (FMC or the Commission) met during both open and closed session on Jan. 27, 2022, to discuss the Commission's efforts to address ocean carriers' detention and demurrage practices, as well as...more

Biden Administration's Focus on Offshore Wind Energy: DOI's Plan and Other Recent Developments

U.S. Department of the Interior (DOI) Secretary Deb Haaland announced in October that the Biden Administration would be opening up the U.S. coastline to large-scale, offshore wind farming. Speaking at a wind industry...more

FMC Announces Actions to Address Demurrage and Detention Charges

The Federal Maritime Commission (FMC) announced on Sept. 15, 2021, that it would move forward with two demurrage-and-detention related initiatives proposed by Commissioner Rebecca F. Dye as part of Fact Finding 29. The...more

Jones Act Waivers Following Natural Disasters

While the United States continues to assess the full scope of the devastating aftermath of Hurricane Ida on the U.S. Gulf Coast, national media have already reported shortages of oil and fuel supplies, as well as food and...more

New Presidential Executive Order Targets Maritime Industry and Ocean Carriers

Cargo congestion has reached historic proportions during the COVID-19 pandemic as the demand for imports by U.S. consumers and businesses has skyrocketed combined with an increase in operational disruptions. The effect has...more

CBP's Most Recent Offshore Wind Jones Act Ruling Signals a Trend

U.S. Customs and Border Protection (CBP) earlier this year for the first time expressly found that the Jones Act applies to transportation of merchandise from a U.S. port to a location on the U.S. outer continental shelf...more

CBP Expressly Applies Jones Act to Offshore Wind Projects on Outer Continental Shelf

In a ruling dated Jan. 27, 2021, U.S. Customs and Border Protection (CBP) for the first time expressly found that the Jones Act applies to transportation of merchandise from a U.S. port to a location on the outer continental...more

FMC Seeks to Make Pandemic-Related Service Contract Rules Change Permanent

Daily life has changed during the COVID-19 pandemic. Many expect that some of these changes will become part of the "new normal" when the pandemic is over. The Federal Maritime Commission (FMC) has gotten a head start on this...more

All Aboard for the Biden Transition: Climate, Cabotage and Competition

What to Look for in Ocean Shipping and Offshore Industries in 2021 - Once he assumes office on Jan. 20, 2021, President-Elect Joe Biden will quickly need to develop a comprehensive strategy regarding U.S. ocean trade,...more

FMC Final Rule Exempts Ocean Carriers from Publication of Service Contract Essential Terms

The Federal Maritime Commission (FMC) has issued a final rule exempting vessel operating common carriers (VOCCs) from publishing "essential terms" of service contracts. The final rule took effect on its publication date of...more

FMC Issues Final Interpretive Rule on Demurrage and Detention

The Federal Maritime Commission's (FMC) final rule "Docket No. 19-05, Interpretive Rule on Demurrage and Detention Under the Shipping Act" (Final Rule), which took effect on May 18, 2020, after being published in the Federal...more

FMC Issues Fact Finding Order in Response to COVID-19 Challenges

The Federal Maritime Commission (FMC) on March 31, 2020, issued an order – Fact Finding No. 29 International Ocean Transportation Supply Chain Engagement – to develop improvements to U.S. ocean transportation supply chains to...more

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