The Jones Act is the foundational law of the American maritime industry, and compliance with it is essential whether you are a vessel operator in the US domestic trades or a foreign operator serving the US market. The Jones...more
Over the past year, a number of new interpretations related to the application of the coastwise laws to the developing offshore wind industry in the United States have clarified how construction and operation of offshore wind...more
U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels....more
Stakeholders in offshore wind construction projects, including vessel owners and operators, project developers, and equipment manufacturers, should ensure that their plans for offshore wind development take into consideration...more
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
In its first offshore wind ruling following amendments to the Outer Continental Shelf Lands Act (OCSLA) under the National Defense Authorization for Fiscal Year 2021 (NDAA), which amended OCSLA to clarify its application to...more
While offshore wind has been on the radar for many years in the United States, there has been a palpable surge in the momentum behind the industry over the past several months....more
Cabotage laws prohibit foreign-owned or crewed vessels from transporting merchandise between two points in the host country. They date to a time when a nation’s merchant marine and navy were a unified military asset, and they...more
U.S. Customs and Border Protection (“CBP”) issued a significant decision on December 19, 2019, which will substantially alter how certain operations conducted by coastwise and non-coastwise vessels can be conducted offshore...more
The U.S. House of Representatives has introduced legislation that could potentially greatly alter the landscape for oil, gas, and wind installation and decommissioning activities on the U.S. Outer Continental Shelf (“OCS”)....more
The Jones Act restricts the transportation of merchandise between coastwise points to vessels that are owned, operated and controlled by US citizens. The purpose of the Jones Act is to ensure that US domestic trade is carried...more
Note from the Maritime Industry Team - Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more
Acting Secretary of Homeland Security Elaine Duke has issued an extension of the original Sept. 8 Jones Act waiver to Sept. 22. The extended waiver, dated Sept. 11, 2017, but only recently posted by the U.S. Department of...more
Maritime - ACTION ITEM: On September 12, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a new Jones Act waiver for refined products, effectively broadening and extending the previously...more
In the wake of fuel shortages arising from Hurricanes Irma and Harvey, Tuesday evening the US Customs and Border Protection (Customs) extended and expanded its September 8 waiver of the coastwise trade provisions of the Jones...more
Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more
This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update discusses (i) the Jones Act conflict developing before Customs and Border Protection with respect to the use of foreign flag vessels to perform...more
In a sweeping move that has been widely and vociferously praised by supporters and passionately decried by opponents, the Customs and Border Patrol Agency (CBP) on the second-to-last day of the Obama administration’s tenure,...more
Action Item: U.S. Customs and Border Protection (“CBP”) issued a Notice to the Area Port of New Orleans Trade Community on November 12, 2014, announcing electronic online reporting of possible Jones Act violations. Owners and...more