WASHINGTON — The Federal Maritime Commission has launched an investigation into allegations that Spain has been denying certain U.S-flagged vessels entry to its ports. Separately, Spanish authorities say a Danish-flagged ship was denied entry because it was carrying military weapons to Israel.
The FMC was informed Nov. 19 that Spain had denied entry to at least three vessels, including some that are participants in the U.S. Maritime Administration’s (MarAd) Maritime Security Program (MSP), the agency stated in a notice posted Thursday.
The MSP gives a financial stipend to U.S.-flagged commercial vessels in exchange for providing military sealift to the federal government. There are currently 60 vessels participating in the program, according to MarAd, part of the U.S. Department of Transportation.
FMC is investigating reports that two MSP container ships, the Maersk Denver and the Maersk Seletar, operated by U.S.-based Maersk Line Ltd., were denied docking privileges in early November.
A Danish-flagged ship, the Marianne Danica, a general cargo ship, “appears to have been refused docking privileges in May,” FMC stated, citing a May 16 news report by The Guardian. The Guardian reported the reason for denying the Marianne Danica was related to the shipment of military weapons to Israel.
“This is the first time we have done this because it is the first time we have detected a ship carrying a shipment of arms to Israel that wants to call at a Spanish port,” Spain’s foreign minister, José Manuel Albares, told reporters in May, according to The Guardian.
“The foreign ministry will systematically reject such stopovers for one obvious reason: the Middle East does not need more weapons, it needs more peace.”
The FMC did not mention whether there was evidence that the MSP vessels also were carrying arms cargo to Israel.
“The Commission is concerned that this apparent policy of denying entry to certain vessels will create conditions unfavorable to shipping in the foreign trade, whether in a particular route or in commerce generally,” the agency stated.
The FMC also noted that it “has consistently held that its powers do not only protect United States flagged shipping, and that foreign governmental actions that are detrimental to third-flag carriers can create conditions unfavorable to shipping in the United States foreign trade.”
Remedies under U.S. law include blocking Spain’s vessels from docking at U.S. ports and fines of up to $2.3 million per voyage, according to the FMC.
The agency will initially focus on “providing a route for interested parties, including the Government of Spain and common carriers that have been denied entry into Spanish ports, to provide information, perspectives, and proposed solutions,” during a 20-day comment period.
It is also soliciting comments from container shipping interests, vessel owners “and anyone else with relevant information or perspectives on this matter.”
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