US Proposes $200,000 Per-Voyage Fee on Spanish-Flagged Vessels

The U.S. Federal Maritime Commission (FMC) announced a proposal to impose a $200,000 per-voyage fee on all Spanish-flagged vessels calling at U.S. ports. The measure follows an investigation that determined Spain has been blocking U.S.-flagged vessels from accessing its ports, creating unfavorable conditions for U.S. foreign trade.

The inquiry was launched by the FMC in December 2024, based on reports indicating that Spanish authorities had denied berthing permission to the vessels Maersk Denver and Maersk Seletar. Both ships were carrying cargo under the U.S. Maritime Security Program (MSP), which maintains a fleet of militarily useful merchant vessels available for the country's sealift needs in times of conflict or national emergency. The 2024 reports noted that Spain had denied access because the cargo was bound for or originating from Israel.

Although numerous comments submitted during the investigation—among the more than 8,000 received—referenced Spain's stance toward Israel, the FMC emphasized in the notice of proposed rulemaking published on October 14 that this aspect is not part of the investigation. The agency explained that its focus is exclusively on the reliability and efficiency of the U.S. maritime supply chain, and on determining whether Spain's refusal to grant berthing privileges affects U.S. foreign trade.

Spain argued before the investigation that it must comply with Spanish, European Union, and international laws requiring it to block the transit of defense and dual-use goods through its ports, and that it applies these regulations in a non-discriminatory manner. The FMC responded that this argument does not constitute a valid defense against an investigation into whether Spain created unfavorable conditions in foreign trade, regardless of whether the enforcement of its laws discriminates by flag or not.

The FMC specified that the $200,000 per-voyage fee is based on an inflation adjustment of the $100,000 fee imposed on Japanese shipping lines in a 1997 investigation, although it clarified that case involved many more vessels and carriers than the current one, in which relatively few Spanish-flagged vessels call at U.S. ports. In addition to the per-voyage fee, the agency is proposing restrictions on certain Spanish imports, including perfumery and cosmetics, oils and fats, ceramics, stone articles, and sugar and confectionery.

Starting October 15, the public has 60 days to submit comments on the proposed actions, a deadline the agency states runs through December 14. The proposal comes after nearly two years of investigation into Spain's refusal to allow U.S.-flagged vessels to berth.