FMC Investigating Spain’s Alleged Port Access Denial of U.S.-Flagged Vessels

The Federal Maritime Commission (FMC) has launched a formal investigation into Spain’s apparent controversial port access restrictions targeting vessels suspected of carrying military cargo to Israel.

The investigation comes after Spanish authorities reportedly denied entry to two U.S.-flagged vessels, including the Maersk Denver and Maersk Seletar, both of which departed from New York during late October and early November.

On November 7, a Spanish foreign ministry spokesperson told the Madrid-based El País that the U.S.-flagged ships “will not stop in Spain,” upholding a policy from May that prohibits vessels carrying military materials bound for Israel from docking in Spanish ports.

The FMC, under its authority (46 U.S.C. § 42101; 46 U.S.C. § 41108(d)), investigates foreign government policies that may create unfavorable conditions for U.S. shipping interests. If such practices are confirmed, the Commission has the power to impose severe penalties, including daily fines and even barring foreign vessels from U.S. ports.

“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 FMC said in a statement.

Both Maersk Denver and Maersk Seletar are operated by Maersk Line, Limited, a leading provider of U.S. flag shipping services to the U.S. government and military.

The Commission has opened a 20-day public comment period, seeking detailed information about denied port entries, including specific vessel information and the rationale provided by Spanish authorities.

The outcome of this investigation could have far-reaching implications for maritime operations and international trade relations. The FMC’s mandate to ensure an efficient and fair transportation system faces a direct challenge from foreign policies that restrict U.S.-flagged vessels from accessing international ports.

The investigation will determine whether Spain’s actions violate U.S. shipping laws and, if necessary, identify remedies to safeguard U.S. interests. As global tensions rise, the outcome could have significant implications for maritime operations in the region.

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