On September 12, 2017, U.S. Customs and Border Protection (CBP) issued CSMS #17-000562, “Jones Act Waiver Guidance Update.” The CSMS states that on September 8, 2017, the Department of Homeland Security (“DHS”) issued a limited waiver of 46 U.S. C. § 55102 (the “Jones Act”) pursuant to 46 U.S.C. § 501(a), at the request of the Department of Defense. CBP requests that any member of the trade community who intends to conduct transportation of refined petroleum products, including gasoline, diesel and jet fuel, on a foreign-flag vessel, authorized by and within the parameters of the September 8 waiver, provides notice to CBP at JonesActWaiverRequest@cbp.dhs.gov of the following details of any such transportation:
- Vessel name (including IMO number)
- Ports and dates of departure and arrival
An entity which has already commenced such transportation pursuant to the September 8 waiver, must provide the details set forth above by email to JonesActWaiverRequest@cbp.dhs.gov.
In order to track the use of the September 8, 2017 Jones Act waiver discussed in CSMS# 17-000562, CBP is providing the following additional guidance (CSMS #17-000563) for vessel entrance and cargo clearance.
To meet the entrance requirements for domestic cargo on foreign vessels, carriers or their agents should provide the following information in the “Other” box on the CBP Form 3171:
Domestic Cargo, as described on attached CBP Form 1302, loaded in Port XXXX to be unloaded in port YYYY.
Additionally, carriers should provide a CBP Form 1302 with appropriate bill of lading information including product description, shipper, consignee, quantity and estimated value. The following statement may be included:
Shipment described is a domestic shipment moving under the requirements of the Jones Act waiver issued September 8, 2017.
CBP will allow the cargo to be cleared as domestic cargo.