The Federal Maritime Commission (“Commission” or “FMC”) has initiated an investigation into regulations or practices by the Government of Spain which appear to bar certain vessels, including U.S.-flagged vessels, from calling at ports in that country.

Laws administered by the Commission (46 U.S.C. § 42101; 46 U.S.C. § 41108(d)) empower it to investigate whether regulations or practices of foreign governments result in conditions unfavorable to shipping in the foreign trade of the United States. The Commission can levy significant remedies, including substantial daily fines and barring foreign vessels from calling at U.S. ports, if it finds that such conditions are taking place.

Information indicates Spain has refused entry to certain vessels on at least three separate occasions this year. The two most recent instances involved U.S.-flagged vessels.

The Commission’s investigation will commence with information gathering through a 20-day public comment period.  During this comment period, the FMC requests information about when vessels have been barred or may be barred from calling in Spain, which vessels have been denied entry, and the explanation or justification provided by the Government of Spain for such denials.

The Federal Register notice announcing the investigation contains instructions to enable the submission of relevant information.

The FMC is charged with ensuring an efficient, competitive, and economical transportation system for the benefit of the United States.  Laws or policies by foreign governments that bar entry to vessels documented under the laws of the United States, or vessels documented under the laws of other countries engaged in trade with the United States, are inconsistent with the Commission’s objective of ensuring access to, and the well-functioning of, the complex and interdependent system that moves goods in foreign commerce by water.