US Federal Maritime Commission proposes fee on Spanish-flagged vessels over port access denials

The commission also proposes restricting Spanish imports such as olive oil, ceramics and cosmetics, after finding that Spain turned away US-flagged Maersk ships bound for Algeciras.
Container vessels at the Port of Algeciras
Container vessels at the Port of AlgecirasPort of Algeciras
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The US Federal Maritime Commission (FMC) has proposed a US$200,000 fee each time a Spanish-flagged vessel enters a US port from a foreign port, after concluding that Spain had created conditions unfavourable to shipping in US foreign trade.

The commission also proposed limiting imports from Spain in five harmonised tariff schedule chapters: oils and fats, sugar and confectionery, ceramic goods, stone articles, and cosmetics and perfumery.

It said it could restrict only some of these categories, adopt broader or more targeted restrictions, or combine approaches.

US imports of Spanish oils and fats reached US$1.15 billion in 2025, of which olive oil accounted for US$836.9 million.

The FMC said its investigation found "conclusive evidence" that Spain denied docking privileges to US-flagged vessels in the Maritime Security Program.

The investigation identified Maersk Denver and Maersk Seletar as ships refused entry in November 2024, while Maersk Hartford did not call at a planned Spanish port later that month.

According to the commission, Maersk Line vessels averaged 7.25 port calls a month in Spain before November 2024, compared with six calls across 2026. Since July 2025, calls by those vessels at the Port of Algeciras have almost ceased, while calls at Tangier have averaged 4.17 a month.

Spain argued that it acted under Spanish, European Union and international law to prevent the transit of defence and dual-use goods, applied restrictions regardless of flag, and refused particular containers rather than ships.

The FMC said Spain's submission did not support that account.

The proposed fee approximates the inflation-adjusted value of a US$100,000-per-voyage fee imposed in a 1997 investigation into Japanese port practices. The statutory ceiling is US$2,364,503 per voyage.

The draft also allows the fee to be increased or goods categories added if Spain retaliates, and would let the FMC ask the Department of Homeland Security to deny entry to or detain vessels of any flag carrying restricted goods.

Spain may request a hearing. Public comments are due 60 days after the notice is published in the Federal Register, which was scheduled for October 15.

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