Trump's Jones Act Waiver Raises Complaints – But Will It Be Challenged?

Maritime attorney Sean Pribyl was interviewed for a Trade Winds article on the federal government's temporary waiver of the Jones Act and whether it could face legal challenges. The Jones Act requires that goods shipped between U.S. ports are transported by U.S.-built, U.S.-owned and primarily U.S.-crewed vessels. Following a request from the U.S. Department of War (DOW), U.S. Customs and Border Protection (CPB) finalized the waiver on March 17, 2026, by publishing a list of 659 products that would be exempt from this requirement. When asking for the waiver, the DOW cited supply chain disruptions as a result of the conflict in Iran and the need to address short-term disruptions in the oil market while the military continues operations in the Middle East. Some professionals cited by TradeWinds noted the 60-day waiver is unusually long, which could increase the chance of challenges, but Mr. Pribyl pointed out said challenges would have to overcome the presumption that deciding to issue the waiver meets the law's standards on national defense and adverse military impacts.

"It will probably be granted a lot of deference afforded the executive branch," he commented.

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