Regulacje i polityka gospodarcza · 3.12.2002

Requested Non-availability Waiver

The Act (46 App. U.S.C. 1241(b)), requires that at least 50 percent of Government-sponsored cargoes (75 percent with regard to certain agricultural exports) transported on ocean-going vessels be transported on certain U.S.-flag vessels when such vessels are available at a fair and reasonable rate for U.S.-flag commercial vessels. The statute excludes from eligibility to carry such cargoes foreign built or foreign rebuilt vessels or vessels previously registered under a foreign flag, unless the vessel has been registered under the United States flag for at least three years. Implicit in the statute is that, upon a finding by MARAD that U.S.-flag privately owned commercial vessels are not available for a fair and reasonable rate for U.S.-flag vessels, a foreign-flag may be used. The Government of Israel, Ministry of Defense (GOI-MOD) purchases jet fuel from the Defense Security Cooperative Agency (DSCA) under the Foreign Military Sales Program. The cargo is subject to the Act, which requires 50 percent U.S.-flag carriage, but longstanding U.S. Government policy set forth in the DSCA manual requires 100 percent U.S.-flag carriage. GOI-MOD has expressed a concern that qualified U.S.-fl