Can the Jones Act be waived?
The Jones Act requirements can be waived to allow foreign-flag vessels to engage in coastwise trade but only in rare circumstances in which the basis for an exemption is the “interest of national defense.” There are only two types of Jones Act waiver request processes: 1) waivers requested by the Secretary of Defense.
What is the Jones Act exemption?
An often-asked question is “can the U.S.-owned, -built, -crewed, – registered requirements of the Jones Act be waived to allow foreign-flag vessels in some circumstances?” The answer is yes, however, Jones Act exemptions are rare as the only basis for an exemption is “interest of national defense.” There are two types …
Why are the US Virgin Islands exempt from Jones Act?
Thanks to the Jones Act Exemption, the USVI is exempt from the Jones Act, a cabotage law which requires freight moving between U.S. ports to be carried on U.S. flag vessels. Freight between U.S. ports (including Puerto Rico) and the USVI may also be carried on foreign flag vessels.
Who is subject to the Jones Act?
Generally, the Jones Act prohibits any foreign-built, foreign-owned or foreign-flagged vessel from engaging in coastwise trade within the United States. A number of other statutes affect coastwise trade and should be consulted along with the Jones Act. These include the Passenger Vessel Services Act, 46 U.S.C.
When has the Jones Act been waived?
The U.S. government waived it in November 2012, after Hurricane Sandy slammed the East Coast, causing power outages and fuel shortages.
How do I get a Jones Act exemption?
In the event a party seeks a waiver of the navigation laws enforced by CBP, including the Jones Act, all such requests must include, in addition to the reason/justification for seeking such a request, the following information: Cargo (description, type, weight and dimensions of cargo, units if containerized)
What is the point of the Jones Act?
The Jones Act requires that all vessels carrying goods between two U.S. points be American-built, -owned, -crewed and -flagged. This policy provides stability to the U.S. maritime industry and helps to sustain 650,000 American jobs, resulting in $150 billion in economic benefits each year.
Who needs Jones Act coverage?
Typically, if you spent at least 30% of your working time on the vessel, then you qualify and are entitled to Jones Act rights. If your duties primarily were carried out on land, and you were on the ship only briefly during the course of your work, the Jones Act likely won’t provide relief.