CBP Updates Guidance on Jones Act Waiver

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Apr. 20, 2026
By: Austin J. Eighan

On April 16, U.S. Customs and Border Protection (CBP) provided updated guidance for implementing a temporary waiver of 46 U.S.C. § 55102 (the “Jones Act”), while expanding the scope of covered merchandise.

The Jones Act was enacted by Congress in 1920 to encourage the development of the domestic merchant marine industry for both national defense and commercial purposes. It requires that all goods transported by water between U.S. ports be carried on U.S.-built, U.S.-owned, and U.S.-documented vessels. At the request of the Secretary of War, the Department of Homeland Security (DHS) may grant a limited Jones Act waiver under 46 U.S.C. § 501(a) if the Secretary of War considers it “necessary in the interest of national defense.”

Although the Administration did not announce the waiver in any official publications, CBP confirmed on March 17 via Cargo Systems Messaging Service (CSMS) notification the implementation of a limited 60-day Jones Act waiver. According to a social media post from Karoline Leavitt, the White House Press Secretary, the waiver serves to “mitigate the short-term disruptions to the oil market” amid the current conflict between the U.S., Israel, and Iran.

The waiver permits foreign-flag vessels to transport certain cargo between U.S. ports until the waiver expires. In the agency’s latest CSMS notice, CBP provides an expanded list of merchandise covered by the waiver according to Harmonized Tariff Schedule (HTS) classification. To qualify, parties must load covered merchandise onto the transporting vessel no later than 11:59 p.m. ET on May 17.

CBP requests that any member of the trade community intending to transport covered merchandise under the waiver notify the agency of: (1) vessel name (including imo number and flag); (2) commodity and relevant HTS code(s); (3) carrier; and (4) ports and dates of departure and arrival (include CBP port codes). Carriers utilizing the waiver must submit a paper CBP Form 1302 for all U.S. domestic cargo laden from and intended for a U.S. port of entry.

Foreign‑flag vessels remain subject to formal entry, entrance, and clearance requirements through the Vessel Entrance and Clearance System. Within 10 days of completing a voyage conducted under the waiver, the vessel owner or operator must submit a report to the Maritime Administrator identifying:

• 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.

If your company would like assistance in navigating the waiver’s applicability to your supply chain, please reach out to one of our attorneys at Barnes, Richardson & Colburn.