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The Federal Maritime Commission has escalated its investigation into Spain’s port access restrictions, signalling in late December 2025 that it is actively weighing retaliatory measures that could include fines of up to about USD 2.3 million per voyage and possible bans on Spanish-linked vessels calling at U.S. ports.
The move marks a sharp rise in tensions between Washington and Madrid over Spain’s refusal to allow certain vessels linked to Israel-bound cargo to use Spanish ports, a policy the FMC says may be harming U.S. foreign trade and U.S.-flag shipping.
In a formal update published on 19 December, the FMC said it was seeking further information from carriers, shippers, and other stakeholders on how Spain’s measures are being enforced and how they affect commercial conditions for U.S. operators. The Commission confirmed that the Spanish policy remains in force and continues to affect U.S.-flag vessels engaged in foreign commerce.
Market and operational impact
The investigation centres on whether actions by the government of Spain “directly or indirectly deny” port access to ships carrying cargo bound for or coming from Israel, and whether those actions create conditions unfavourable to shipping in U.S. foreign trade under U.S. law.
According to FMC notices and industry reporting, the vessels most directly affected are U.S.-flag ships operating under the Maritime Security Program and operated or supplied by Maersk Line Limited.
In November 2024, Spanish authorities refused docking privileges at APM Terminals Algeciras to three U.S.-flag MSP vessels: Maersk Denver, Maersk Nysted, and Maersk Seletar. The ships were diverted, in some cases to Tangier Med, following protests by activists alleging the vessels were carrying military cargo destined for Israel.
The FMC has said such diversions can disrupt schedules, increase fuel and operating costs, and undermine the reliability of U.S.-flag services that support both commercial trade and U.S. national security objectives.
Stakeholder reactions and next steps
In its December update, the FMC outlined a range of potential remedies if Spain’s practices are found to violate U.S. shipping law. These include cargo limitations on Spanish-linked services, denial of entry to Spanish-flagged or Spain-affiliated vessels at U.S. ports, and voyage-based civil penalties that could reach approximately USD 2.3 million per trip.
The Commission stressed that no final decision has been taken but said serious measures remain under consideration if the investigation confirms material harm to U.S. foreign commerce.
Spanish authorities have defended their actions as part of a broader government policy announced in September 2025. That policy bars ships and aircraft carrying weapons bound for Israel, as well as tankers carrying fuel intended for use by Israel’s military, from using Spanish ports and airspace.
Earlier cases cited by industry media include the refusal of entry to the non-U.S.-flag vessel Marianne Danica, which Spain believed was carrying arms to Israel.
Wider context and industry outlook
The dispute highlights the growing intersection between geopolitics and port access at a time when carriers, project cargo operators, and terminal managers are already navigating sanctions regimes, regional conflicts, and shifting trade lanes.
For shipping lines and cargo owners, the prospect of reciprocal port bans or multi-million-dollar fines introduces new risk into voyage planning and contract negotiations. For ports, it raises questions about neutrality, compliance, and the potential for retaliatory action to disrupt established services.
The FMC has said it will continue gathering evidence in early 2026 before deciding whether to impose penalties or other restrictions, a decision closely watched by carriers, insurers, and regulators on both sides of the Atlantic.
