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A vessel is guided through the Panama Canal. The Panama Canal’s vulnerability to drought recently caused long wait times and costly disruptions for shippers. Photographer: Tarina Rodriguez/Bloomberg
The Federal Maritime Commission (FMC) is investigating global maritime chokepoints to assess whether a country, ocean carrier or other maritime operator are creating conditions unfavorable for U.S. shipping and foreign trade.
“Recent events have indicated that transit constraints at several critical points in the global shipping supply chain have led to conditions that are appropriate for the Commission to investigate,” the U.S. agency said in a Federal Register notice published March 14.
“Such constraints have affected transits through the English Channel, the Malacca Strait, the Northern Sea Passage, the Singapore Strait, the Panama Canal, the Strait of Gibraltar, and the Suez Canal,” the FMC said.
The move is one of several taken recently by the Trump administration related to the global maritime industry, including a U.S. Trade Representative proposal aimed at curbing China’s dominance of the shipbuilding industry.
“These authorities give the FMC the authority to take corrective action if they find unfavorable conditions in shipping,” said Lauren Beagen, a lawyer formerly at the FMC.
That could include fees of $1 million per voyage, potentially limiting firms’ ability to participate in FMC-filed agreements like alliances, or blocking foreign-flagged vessel access to U.S. ports, Beagen noted. The investigation draws on authorities from the 1920 Merchant Marine Act as well as the Foreign Shipping Practice Act of 1988.
The investigation has the potential to impact a large share of the world’s commercial shipping fleet, said Beagen, CEO of e-learning platform The Maritime Professor.
“This is arguably the most significant authority the FMC has,” said Beagen. “It looks like they may be preparing to flex the muscles of that statutory authority with the just-announced investigation.”
In addition to the English Channel, Malacca Strait and the Strait of Gibraltar, other maritime chokepoints under investigation include:
The FMC said it is seeking comment over the next 60 days on causes of constraints to the listed maritime chokepoints and to what extent those issues are caused by foreign governments or vessel owners or operators.
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