FMC Seeks Input on Spain’s Unfavorable Port Policies and Possible Penalties
The Federal Maritime Commission has completed its first phase of an investigation into possible unfavorable actions by Spain against U.S. shipping and is now seeking further input from the shipping community. It is considering what remedial actions, including fines on Spanish vessels, might be appropriate to retaliate against the policies that it believes hinder U.S. trade.
The investigation was launched a year ago into the regulations or practices imposed by Spain related to port access. The Commission cited a report from The Maritime Executive in November 2024 that said Maersk Line, Ltd. vessels sailing from the United States to the Mediterranean operating as part of the U.S.’s Maritime Security Program were diverted from scheduled port calls in Spain. TME reported they had gone to Tangier Med, where they were also met by protestors.
The FMC reports that information from multiple sources confirmed the reports that Spain directly barred at least three U.S.-flagged vessels in November 2024. The policies were in response to protests from activists that cited the Maersk ships for carrying U.S. military supplies and equipment to Israel during the Gaza War.
The FMC asserts that these policies remain in effect. It believes they are likely creating general or specific conditions unfavorable to shipping in U.S. foreign trade.
It is now seeking additional information from common carriers, shippers, and other interested stakeholders. The FMC wants input about Spain’s current policy of denying or refusing port access to certain vessels bound for or coming from Israel.
The Commission emphasizes that no final determination has been made and that it will evaluate the evidence. Among the possible remedies it cites are limitations on cargo or refusing entry to vessels operating under the Spanish flag. It highlights that it can also impose fines of up to approximately $2.3 million per voyage on Spanish-flagged vessels.
The investigation is under one of the core mandates of the FMC, which is to protect U.S. shipping and trade.