The U.S. Federal Maritime Commission (FMC) has launched an investigation into Spain’s decision to deny port calls to Maersk Line vessels, raising questions about international maritime trade dynamics and geopolitical tensions.

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Key Developments in the Investigation

1. Initiation of Inquiry:
   The FMC is investigating reports that Spain denied access to Maersk Line vessels operating under the Maritime Administration’s Maritime Security Program (MSP).
2. Impacted Vessels:
   Two vessels, the Maersk Denver and Maersk Seletar, were diverted from their scheduled port calls in Spain to Tangier Med. These vessels are contracted to transport U.S. government cargo.
3. Compensation for Services:
   Under the MSP, these vessels receive financial support from the Maritime Administration (MARAD) for ensuring availability for U.S. government cargo transportation.

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Activist Influence and Spanish Policy

4. Activist-Led Protests:
   Activists protesting against military transport linked to the war in Gaza influenced Spain’s decision. They called for enforcement of a May 2024 restriction prohibiting Spanish support for vessels carrying military cargo.
5. Precedent of Denial:
   Spain had previously turned away a Danish cargo ship for transporting explosives, setting a precedent for restricting port access under similar circumstances.
6. Official Stance:
   The Spanish Foreign Ministry confirmed its commitment to denying entry to vessels involved in military transport, aligning with its broader policy stance on military neutrality.

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FMC’s Concerns and Potential Actions

7. Impact on U.S. Shipping:
   The FMC raised concerns that Spain’s actions could create unfavorable conditions for U.S. shipping in foreign trade, potentially disrupting established shipping protocols.
8. Authority to Penalize:
   The FMC has significant authority to impose penalties, including fines of up to $2.3 million per voyage. It can also bar foreign vessels from entering U.S. ports as a retaliatory measure.
9. Information Gathering:
   As part of the investigation, the FMC is seeking input from stakeholders, including the Spanish government and affected shipping carriers, to understand the rationale behind the port denials.

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Broader Implications

This investigation highlights the complexities of international maritime trade, where geopolitical conflicts, activist pressure, and policy decisions intersect. Spain’s stance signals a growing trend of leveraging port access as a tool for political expression, raising concerns for global shipping operations.

For U.S. interests, the FMC’s response will be pivotal in ensuring fair treatment of American-flagged vessels and safeguarding the reliability of maritime trade routes. The outcome of this inquiry could set a precedent for addressing such disputes in the future.

Stay tuned for updates as the FMC continues its investigation into this high-stakes maritime conflict.