The US Federal Maritime Commission (FMC) has proposed a $200,000 per-voyage fee on Spanish-flagged vessels calling at US ports, after an investigation concluded that Spain has been denying port access to US-flagged ships carrying national security cargo. The proposal, published on 14 October, also includes possible import restrictions on certain Spanish goods. Public comments are open for 60 days from 15 October.

What Triggered the Investigation?

The FMC opened its probe in December 2024 following reports that Spanish authorities refused docking permission to two vessels, the Maersk Denver and the Maersk Seletar. Both ships were operating under the US Maritime Administration's Maritime Security Program (MSP), a fleet of commercial vessels that remain available to support US military sealift needs in emergencies. Reports at the time indicated Spain denied access because the vessels carried cargo linked to Israel.

Why the FMC Says This Isn't About Israel

In its notice of proposed rulemaking, the FMC stated that while many of the roughly 8,000 public comments it received referenced Spain's stance on Israel, that issue is not the basis of the investigation. The agency said its focus is strictly on whether Spain's refusal to grant docking privileges is creating unfavourable conditions for the reliability and efficiency of the US ocean shipping supply chain. Spain, for its part, argued that it is bound by Spanish, EU and international law to block the transit of defense and dual-use goods through its ports, and that it applies this policy without regard to a vessel's flag. The FMC responded that even non-discriminatory enforcement of Spanish law does not shield Spain from a finding that its actions have disrupted US foreign trade.

How the Fee Was Calculated

The FMC based its proposed $200,000 per-voyage charge on a similar, inflation-adjusted penalty the agency imposed on Japanese carriers following a 1997 investigation, which was set at $100,000 per voyage at the time. The agency noted a key difference: the 1997 case involved many Japanese carriers and a large number of Japanese-flagged vessels calling at US ports, while relatively few Spanish-flagged ships currently call at US ports. Despite that difference, the FMC said it is proposing similar remedies to those that eventually led to a bilateral resolution with Japan.

Additional Import Restrictions Proposed

Beyond the per-voyage fee, the FMC is also considering restrictions on specific categories of Spanish imports into the US. The agency listed perfumery and cosmetics, oils and fats, ceramics, articles of stone, and sugar and confectionery as possible targets for added scrutiny or limits.

What This Means for Shippers and Cargo Owners

For now, this is a proposal, not a final rule, and the FMC has set a 60-day comment period before any action is finalised. Shippers and freight forwarders moving cargo on Spanish-flagged vessels calling at US ports should watch this process closely, since a $200,000 per-voyage fee would likely be passed on through higher freight rates or surcharges if adopted. Importers bringing in the specific Spanish goods named in the proposal, such as cosmetics, oils, ceramics, stone products or confectionery, should also monitor developments, as new import restrictions could affect customs clearance timelines or costs. Because relatively few Spanish-flagged vessels call at US ports, the immediate impact on overall capacity and transit times may be limited, but cargo owners with bookings on affected carriers should confirm vessel flagging and stay alert for rate adjustments or routing changes while the rulemaking process plays out.

Sources: seatrade-maritime.com