FMC Investigates Spain’s Denial of Maersk Port Calls

The U.S. Federal Maritime Commission (FMC) has launched an investigation into Spain’s recent decision to deny port calls for two Maersk Line, Ltd. vessels. This action comes after reports indicated that the Spanish government refused requests from ships operating under the Maritime Administration’s Maritime Security Program. The FMC aims to understand the implications of this decision on U.S. foreign trade and shipping practices. The investigation highlights the ongoing tensions surrounding maritime operations and the influence of political activism on international shipping routes.

Background of the Incident

In November, The Maritime Executive reported that two Maersk vessels, the Maersk Denver and Maersk Seletar, were diverted from their scheduled port calls in Spain. These ships are part of a U.S. subsidiary of Maersk, which has a contract to transport U.S. government cargo. They receive a retainer from the Maritime Administration (MARAD) for their availability. The situation escalated when activists protesting the ongoing conflict in Gaza urged the Spanish government to enforce a restriction that prohibits aiding vessels carrying military cargo.

These activists claimed that the Maersk vessels were transporting military equipment intended for Israel, which they argued contributed to the conflict in Gaza. In response to similar protests, Spain had previously denied entry to a Danish cargo ship in May that was reported to be carrying explosives. The Spanish government has articulated a clear policy against supporting the transportation of military equipment. In November, Spain’s Foreign Ministry confirmed its decision to deny the Maersk vessels access to its ports. Consequently, the ships were redirected to Tangier Med, where they faced further protests.

FMC’s Investigation and Potential Consequences

The FMC’s investigation, set to be officially announced on December 6, aims to assess the broader implications of Spain’s actions on U.S. foreign trade. The Commission expressed concern that denying entry to certain vessels could create unfavorable conditions for shipping. This could impact not only specific routes but also the overall commerce involving U.S. interests. The FMC has emphasized that its authority extends beyond protecting U.S.-flagged shipping; it also encompasses foreign governmental actions that may harm third-flag carriers.

At this initial stage, the FMC is seeking information from various stakeholders, including the Spanish government and shipping companies affected by the port call denials. They are particularly interested in understanding the rationale behind Spain’s decision and whether any justifications were provided. The FMC has the power to impose significant penalties for violations, including daily fines that can reach up to $2.3 million per voyage. Additionally, the Commission can bar foreign vessels from entering U.S. ports, which could have far-reaching consequences for international shipping operations.

As the investigation unfolds, it will be crucial to monitor how this situation develops and what impact it may have on future maritime policies and international trade relations.

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