Jones Act waiver possibilities appear in the news pretty much every time there is a spike in the price of fuel in the United States. Sure enough, there are reports that the Trump Administration is considering waiving the Jones Act in connection with the Middle East war. Whether such a waiver even works to ease fuel prices depends on the facts and circumstances. In any event, current law makes the circumstances under which a waiver can be lawfully issued narrow.
The “Jones Act” is a popular term for a set of laws that reserve U.S domestic maritime trade to qualified U.S.-flag vessels. Waiver requests are usually predicated on the supposed lack of U.S.-flag service and, therefore the need to utilize a foreign vessel for what is otherwise transportation reserved to U.S.-flag vessels.