Posted on November 9, 2026
In a letter delivered to the White House on November 3, AMP President Jennifer Carpenter warned that another extension could undermine the administration’s efforts to rebuild American shipbuilding capacity and strengthen the domestic maritime industry.
The organization said the emergency exemption was introduced to address an extraordinary energy market disruption but argued that keeping it in place for nearly eight months is now creating more risks than benefits.
AMP represents a broad range of domestic maritime interests, including vessel operators, shipbuilders, dredging companies and maritime labor organizations. Its board includes industry representatives from Crowley, Matson, Kirby, TOTE, Pasha Hawaii and the American Waterways Operators.
Industry Questions Benefits of Extended Waiver
The Trump administration introduced the Jones Act waiver on March 17 following energy market disruptions linked to the war with Iran. The temporary measure allows certain foreign-flagged vessels to transport cargo between U.S. ports, a trade normally restricted to vessels meeting the requirements of the Jones Act.
The exemption has since been extended twice, with the most recent extension in August introducing additional safeguards for approving foreign vessel movements.
Under the revised process, the Maritime Administration must first determine whether qualified U.S.-flagged vessels are available before authorizing foreign ships to transport domestic cargo.
AMP acknowledged that the changes have limited foreign vessel participation while ensuring essential cargo movements continue. However, it maintains that the exemption still weakens the domestic shipping industry.
A major concern is the absence of clear evidence that the policy has reduced fuel prices for American consumers.
The organization cited published analyses indicating that the waiver has produced no measurable reduction in retail fuel prices. Even the highest estimated impact on gasoline prices was reportedly less than half a cent per gallon.
AMP argues that domestic shipping exemptions cannot resolve the broader factors driving energy costs, including international shipping disruptions, limited inventories and refinery market conditions.
Foreign Shipping Interests Raise Security Concerns
The maritime group also questioned the growing involvement of foreign shipping interests in domestic transportation.
According to AMP, more than 28% of reported voyages conducted under the waiver involved vessels or companies with direct links to China.
The organization specifically identified China’s COSCO shipping group and raised concerns about foreign crews operating vessels in U.S. domestic trades, including the presence of Russian mariners.
These issues have added to wider industry concerns about maritime security, foreign influence and the long-term competitiveness of American shipping companies.
Billions in Maritime Investment Put on Hold
AMP’s strongest warning concerns the potential impact of the waiver on future investment in U.S. vessels and shipbuilding infrastructure.
The organization said industry participants have reported more than $2.6 billion in delayed investments involving vessel construction and shipyard expansion.
It also highlighted more than $700 million in planned investments in Jones Act-compliant dredging vessels that have reportedly been postponed amid uncertainty surrounding the policy.
According to AMP, shipowners, shipyards and lenders need predictable domestic cargo demand before committing substantial capital to projects that may take years to complete and remain operational for decades.
The organization believes continued access for foreign vessels could weaken confidence in the domestic market and discourage companies from investing in American-built ships.
Labor Groups and Lawmakers Add Pressure
The appeal comes as the waiver faces increasing scrutiny from maritime labor organizations and members of Congress.
Nine maritime labor groups recently raised concerns about compliance with federal reporting requirements, immigration regulations and the national defense justification for allowing foreign vessels to operate in domestic trades.
Congressional lawmakers have also questioned whether the prolonged exemption remains consistent with the national security authority under which it was originally approved.
AMP maintains that ending the current waiver would not prevent the government from responding to future emergencies.
The organization pointed to existing authority under Section 501(b) of Title 46 of the U.S. Code, which allows targeted waivers when domestic vessel capacity cannot meet national defense requirements.
It argues that this provision provides a more limited approach, allowing the government to address genuine emergencies without maintaining a broad exemption.
November 15 Deadline Approaches
The final decision now rests with the Trump administration as the current waiver approaches its November 15 expiration date.
According to Customs and Border Protection guidance, cargo moving under the existing exemption must be loaded before 11:59 p.m. Eastern Time on November 15.
For the American Maritime Partnership, allowing the waiver to expire would send a clear signal that the administration remains committed to strengthening the U.S. maritime industry, supporting domestic shipowners and encouraging investment in American shipyards.
Carpenter’s letter called on the president to prioritize American vessels, workers and shipbuilding capacity as part of the country’s broader maritime strategy.
The debate highlights the challenge facing Washington as it balances short-term energy market concerns against the long-term objective of rebuilding the United States’ commercial maritime capabilities.
