Notice2025-23606
Investigation Into Conditions Affecting Shipping in the Foreign Trade and Denial of Entry of Vessels Into Spanish Ports; Request for Additional Comments
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Published
December 22, 2025
Issuing agencies
Federal Maritime Commission
Abstract
The Federal Maritime Commission (Commission) is investigating reports that the Government of Spain (Spain) is denying port access to certain vessels and seeks further public comment about ongoing restrictions imposed by Spain that appear to create conditions unfavorable to shipping in U.S. foreign trade, as well as measures the Commission could consider to eliminate or counterbalance those restrictions.
Full Text
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<title>Federal Register, Volume 90 Issue 243 (Monday, December 22, 2025)</title>
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[Federal Register Volume 90, Number 243 (Monday, December 22, 2025)]
[Notices]
[Pages 59826-59828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23606]
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FEDERAL MARITIME COMMISSION
[Docket No. FMC-2024-0022; Docket No. 24-30]
Investigation Into Conditions Affecting Shipping in the Foreign
Trade and Denial of Entry of Vessels Into Spanish Ports; Request for
Additional Comments
AGENCY: Federal Maritime Commission.
ACTION: Request for additional comments.
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SUMMARY: The Federal Maritime Commission (Commission) is
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investigating reports that the Government of Spain (Spain) is denying
port access to certain vessels and seeks further public comment about
ongoing restrictions imposed by Spain that appear to create conditions
unfavorable to shipping in U.S. foreign trade, as well as measures the
Commission could consider to eliminate or counterbalance those
restrictions.
DATES: Submit comments on or before February 20, 2026.
ADDRESSES: You may submit comments, identified by Docket No. FMC-2024-
0022, by the following method:
Federal eRulemaking Portal: Your comments must be written and in
English. You may submit your comments electronically through the
Federal Rulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. To submit comments on
that site, search for Docket No. FMC-2024-0022 and follow the
instructions provided.
FOR FURTHER INFORMATION CONTACT: For questions regarding submitting
comments or the treatment of any confidential information, contact
David Eng, Secretary; Phone: (202) 523-5725; Email: <a href="/cdn-cgi/l/email-protection#5506303627302134272c153338367b323a23"><span class="__cf_email__" data-cfemail="d083b5b3a2b5a4b1a2a990b6bdb3feb7bfa6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Commission initiated this investigation in December 2024 under
Title 46 U.S.C. Chapter 421 to determine whether Spain is creating
general or special conditions unfavorable to shipping in U.S. foreign
trade by barring certain vessels from its ports, including vessels
transporting cargo under the United States Maritime Administration's
(MARAD) Maritime Security Program (MSP). Docket No. 24-30. Initial
reports that prompted this investigation indicated that Spain had
refused port access in November 2024 to three vessels operating under
the MSP on the grounds that they were carrying cargo bound for or
coming from Israel. Spain reportedly cited European Union (EU)
regulations as the basis for these port refusals.
The Commission published a notice of investigation and request for
comments in the Federal Register on December 6, 2024. Investigation
into Conditions Affecting Shipping in the Foreign Trade and Denial of
Entry of Vessels into Spanish Ports, 89 FR 96973 (Dec. 6, 2024). That
request resulted in over 8,000 comments from the public and interested
parties. Many comments expressed views about Spain's policy based on
views about Israel. That is not part of this investigation, which is
focused only on maintaining the reliability and efficiency of the U.S.
ocean shipping supply chain, including whether Spain is refusing
docking privileges to certain vessels, and if so, how Spain's refusal
of docking privileges is affecting shipping in U.S. foreign trade.
Information from multiple sources confirmed the original reports
that between November 9 and 14, 2024, Spain refused docking privileges
to three U.S. flagged vessels operating under the MSP. Spain refused
docking privileges at the APM terminals in Algeciras, Spain on November
9, 2024, for the Maersk Denver \1\ and Maersk Nysted and on November
14, 2024, for the Maersk Seletar. Each of these vessels was operating
under the U.S. flag and was operated or supplied by Maersk Line
Limited. Though not a participant in the MSP, another vessel appears to
have been refused docking privileges by Spain in May 2024. ``Spain
Denies Port of Call to Ship Carrying Arms to Israel,'' The Guardian
(May 16, 2024), <a href="https://www.theguardian.com/world/article/2024/may/16/spain-denies-port-of-call-to-ship-carrying-arms-to-israel">https://www.theguardian.com/world/article/2024/may/16/spain-denies-port-of-call-to-ship-carrying-arms-to-israel</a>.
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\1\ ``Maersk Line Vessel Diverts to Morocco Due to Allegations
in Spain,'' The Maritime Executive, (Nov. 11, 2024), <a href="https://maritime-executive.com/article/maersk-line-vessel-diverts-to-morocco-due-to-allegations-in-spain">https://maritime-executive.com/article/maersk-line-vessel-diverts-to-morocco-due-to-allegations-in-spain</a>.
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The Government of Spain justifies these denials as supported by its
right to exercise sovereign authority over its ports and follow its
interpretation of Spanish, EU, and international law, which is not
disputed by the Commission in conducting this investigation. Evidence
from Spain and other sources indicates that Spain maintains the
position that it is justified under Spanish, EU, and international law
in refusing port access to certain vessels and will continue to do so
based on the nature of the cargo and where it originated or is bound
for. On September 8, 2025, the Government of Spain announced a multi-
faceted policy aimed at halting the flow of certain cargo bound for or
coming from Israel through air or marine transport. Measures it
announced include banning ships and aircraft carrying weapons bound for
Israel or tankers carrying fuel for use by the Israeli military from
using Spanish ports and airspace.\2\
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\2\ ``New Decisions: Spain Bans Arms Exports to Israel,'' Shafaq
News, (Sept. 8, 2025), https://shafaq.com/en/World/New-decisions-
Spain-bans-arms-exports-to-
Israel#:~:text=In%20a%20press%20conference%2C%20Sanchez%20recognized%
20the%20state%20of%20Palestine.
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II. Current Status and Appropriate Countermeasures
Spain's recent announcement and information from multiple sources
indicate that the basic conditions the Commission initiated this
investigation to address still exist and are likely creating general or
special conditions unfavorable to shipping in U.S. foreign commerce.
Section 42101 authorizes the Commission to investigate and take action
regarding conditions unfavorable to shipping in foreign trade,
``whether in a particular trade or on a particular route or in commerce
generally . . . which arise out of or result from laws or regulations
of a foreign country.'' 46 U.S.C. 42101(a).\3\ This authority is linked
to and supports objectives defined in 46 U.S.C. 50101(a), which include
furthering the United States' interest in a merchant marine capable of
carrying a ``substantial part'' of waterborne export and import U.S.
foreign commerce and providing ``shipping service essential for
maintaining the flow of the waterborne domestic and foreign commerce at
all times.'' Id. Other objectives defined by section 50101(a) include
fostering a merchant marine ``capable of serving as a naval and
military auxiliary in time of war or national emergency'' and ``owned
and operated as vessels of the United States by citizens of the United
States.'' Id.
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\3\ The Commission may also investigate whether a foreign
government or ocean common carrier's practices result in adverse
impacts on U.S. carriers or U.S. oceanborne trade or creates
conditions that do not exist for foreign carriers in the United
States under the laws of the United States. 46 U.S. Code, Chapter
423. The Commission is not investigating Spain's practices under
Chapter 423 at this time but may do so in the future.
Under other statutory authority, the Commission can also
investigate whether a foreign government is unduly impairing the
access of a vessel documented under the laws of the United States to
ocean trade between foreign ports and take action it finds
appropriate to remedy any such violation. 46 U.S.C. 41108(d); see
also 46 CFR 560.1-560.9. The Commission is not investigating Spain
under this provision at this time but would benefit from hearing any
information suggesting that Spain is taking actions that limit U.S.
flag vessels of any kind from accessing ocean trade between foreign
ports.
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The Commission is charged with investigating conditions defined in
sections 42101 and 50101 and determining whether to take remedial
action. See 46 U.S.C. 42101(a)-42109. In carrying out a section 42101
investigation, the Commission is authorized to solicit public comments,
conduct discovery, and subpoena witnesses and evidence. Id., 42104.
Remedies the Commission can implement to adjust or meet unfavorable
conditions to shipping in the foreign trade of the United States
include adopting regulations restricting voyages to or from U.S. ports,
imposing per voyage fees, limiting amounts or types of cargo, or taking
``any other action the
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Commission finds necessary and appropriate to adjust or meet any
condition unfavorable to shipping the foreign trade of the United
States.'' 46 U.S.C. 42101(a) and 42106(1), (4) and (5); see also 46 CFR
550.601. The Commission may also request the Secretary of the
Department of Homeland Security to refuse entry or clearance to
vessels, collect fees imposed by the Commission, or detain a vessel
about to depart from a U.S. port. 46 U.S.C. 42107(1) and (2).
As described, the Commission has broad jurisdiction under 46 U.S.C.
42101 to investigate and take action to remediate conditions resulting
from the laws or regulations of foreign governments that are
unfavorable to shipping in U.S. foreign trade, whether in a particular
trade or on a particular route or in commerce generally. See 46 U.S.C.
42101(a). Regulatory action is appropriate ``when the Commission finds
. . . that a foreign government has promulgated and enforced or intends
to enforce laws, decrees, regulations or the like, or has engaged in or
intends to engage in practices which presently have or prospectively
could create conditions unfavorable to shipping in the foreign trade of
the United States.'' 46 CFR 550.102. Laws or policies enforced by a
foreign government that refuse entry to vessels documented under the
laws of the United States are inconsistent with the Commission's
statutory mission to ensure access to the complex and interdependent
system for the common carriage of goods by water in foreign commerce,
and the goal of maintaining a healthy U.S. merchant marine.
The Commission now requests further comments on whether Spain is
creating general or special conditions unfavorable to shipping in
foreign trade, and if so, what remedial actions the Commission should
consider. Information about the following would assist in advancing the
Commission's investigation and helping it determine whether remedial
action is appropriate: (1) any additional confirmed reports of Spain,
including any governmental component and/or any private sector entity,
directly or indirectly refusing port access or docking privileges to
any vessels, including U.S. flag vessels, transporting cargo on routes
bound for or coming from Israel; (2) reasons stated by Spain, including
any governmental component and/or any private sector entity, for
refusing port access or docking privileges; (3) whether the refusal(s)
were conditional or absolute (i.e., whether measures or steps that
could be taken to be granted port access were described); (4) whether
Spain, including any governmental component and/or any private sector
entity, offered any alternatives or options; and (5) factual
information about the impact any such refusals or denials had on vessel
routes, schedules, transfer of cargo to other vessels or ports other
than designated destinations, or on maritime commerce generally.
Information or perspectives about the following would be helpful in
the event the Commission determines that remedial action is warranted:
(1) information concerning vessels connected to Spain, whether through
flagging or some other link, such as incorporation or headquarters
location, calling at U.S. ports, including tankers and other types of
commercial vessels; (2) information concerning types or amounts of
cargo that could be appropriately limited in trade between the United
States and Spain; and (3) suggestions for any other action the
Commission might find necessary to adjust or meet the unfavorable
shipping conditions Spain appears to have created through its port
access restrictions.
By the Commission.
Jennifer Everling,
Assistant Secretary.
[FR Doc. 2025-23606 Filed 12-19-25; 8:45 am]
BILLING CODE 6730-02-P
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