Frequently Asked Questions (FAQs) - Cargo Preference
Cargo Preference is the general term used to describe the U.S. laws, regulations and policies that require all Government-impelled cargo move via U.S.-flag vessels. Government-impelled cargo is defined as cargo financed by the U.S. Government directly, indirectly (through a Federal program), or a loan or loan guarantee provided by the Federal Government cargo for eventual U.S. Government use, or, in which the Government has an interest. Examples include:
- Federal Contracts
- Federal Loans and Loan Guarantees
- Federal Grants
Per the Cargo Preference laws, it is the primary responsibility of all Federal Agencies to ensure compliance with these laws and regulations. The Maritime Administration (MARAD) does not have Cargo Preference legal enforcement authority, it only monitors compliance with Cargo Preference to the extent it receives bills of ladings after shipments occur. However, MARAD can and often does recommend punitive actions available under the law to the appropriate authorities when the U.S.-flag use requirements have been violated.
U.S.-flag vessel requirements for each program are listed for quick reference:
- Military Cargo = 100% (governed by Military Cargo Preference Act of 1904)
- Export Import Bank Cargo = 100% (governed by Public Resolution 17)
- Civilian Agencies Cargo = at least 50% (governed by Cargo Preference Act of 1954)
- Agricultural Cargo = at least 50% (governed by the Cargo Preference Act of 1954)
A department or agency of the Federal Government, administering a program wherein the United States Government procures, contracts for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or persons without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds.
U.S. Cargo Preference (CP) laws require all or a portion of Government-impelled cargo must be transported via a U.S.-flag vessel. Additionally, each Government agency has its own Cargo Preference compliance and reporting requirements. Prime contractor must confer with its respective sponsoring Government agency.
Detailed description of each program can be found here:
- P1 service - the cargo is transported on one or more U.S.-flag vessels (only) from load port to destination discharge port.
- P2 service - the cargo is transported on at least two different vessel enroute to the destination discharge port. At least one U.S.-flag vessel and non-U.S.-flag vessel is used.
5. For civilian programs, do I need a Determination of Non-Availability (DNA) prior to using P2 service?
No. However, MARAD must provide concurrence prior to using P2 service.
Yes, because for Department of Defense (DOD) cargo, the contracting officer is the only entity that can approve the use of any form of non-U.S.-flag service, even P2 service.
See DFARS 252.247-7023 (d) for details.
Each civilian program's requirements are different. If you are unable to identify a U.S.-flag vessel, please contact MARAD's Office of Cargo & Commercial Sealift at email@example.com for further assistance.
Contractors and subontractors must submit any request for use of non-U.S.-flag vessels in writing to the DOD Contracting Officer at least 45 days prior to the sailing date necessary to meet delivery schedules. Detailed instructions on what to do are included at DFARS 252.247-7023 (d). A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted (usually copies of emails) must be provided.
However, if at any point you are unable to identify a U.S.-flag vessel, please contact MARAD's Office of Cargo & Commercial Sealift at firstname.lastname@example.org for further assistance.
Civilian Cargo: Under the law, all documentation must be reported within 20 business days from date of loading from the United States and 30 business days for shipments loaded outside the United States. The reporting requirement applies to all ocean-borne cargo (U.S.-flag vessels and non-U.S.-flag vessels).
Military Cargo: Under the law, all documentation must be reported within 30 business days from date of loading. The reporting requirement applies to all ocean-borne cargo (U.S.-flag vessels and non-U.S.-flag vessels).
Yes. Bill of lading freight information is treated as Business Sensitive and is not released. Aggregate data is used for statistical and reporting purposes.
No. The law requires the rated master bill of lading, which should have the ocean carrier's commercial logo on them. For computing compliance with Cargo Preference, we review the ocean freight rate and other information. In lieu of rated master bill of lading, MARAD also accepts unrated master bill of lading with the corresponding carrier's ocean freight invoice.
An Ocean Transportation Intermediary (OTI) can submit rated master bills of lading on behalf of contractors.
Yes, under the law, all Government-impelled cargo moving on U.S.-flag vessels and non-U.S.-flag vessels, irrespective of cargo origin and destination, must be reported by the Federal contractor or subcontractor to our office within 20 or 30 days as explained above.
13. Does Cargo Preference apply to Government-impelled cargo that ships between foreign ports? Must I report these shipments?
Yes, Cargo Preference laws and requirements apply to all Government-impelled cargo regardless of origin and destination.
Yes, the "04 Act" covers military cargo movements and movements by DOD contractors and subcontractors. Specifically, 10 U.S.C. §2631 states that "Only vessels of the United States or belonging to the United States may be used in the transportation by sea of supplies bought for the Army, Navy, Air Force or Marine Corps."
The Cargo Preference Act of 1904 and Defense Federal Acquisition Regulations Supplement (DFARS) defines military cargo as "supplies". "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DOD at the time of transportation by sea. "Supplies" includes, but is not limited to, public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; stores of all kinds, end items; construction materials; and components of the foregoing (See DFARS 252.247.7023 Transportation of Supplies by Sea).
16. Does U.S. Military (DOD) cargo include Military Household Goods (HHGs) and service members Privately-Owned Vehicles (POVs)?
No, the military cargo U.S.-flag vessel use requirements of 48 CRF 252.247-7023 do not apply to personal property. However, Military Household Goods (HHGs) are covered under 46 U.S.C. §55302, and Privately-Owned Vehicles (POVs) are covered under 46 U.S.C. §55303. Both must be shipped exclusively (100%) aboard U.S.-flag ships when available.
If you are unable to identify U.S.-flag service, and you are a Transportation Service Provider (or doing your own shipping) you may contact the Army's Military Surface Deployment and Distribution Command (SDDC) for guidance. SDDC is best reached by email at email@example.com.
Per the Cargo Preference Act of 1904, 100% of cargo must be shipped on a U.S.-flag vessel. This has also been extended to military household goods (HHGs) and privately-owned vehicles (POVs). The regulations implementing the 100% U.S.-flag requirements of the Cargo Preference Act of 1904 (10 U.S.C. §2631) can be found at DEFENSE FEDERAL ACQUISITION REGULATIONS SUPPLEMENT (DFARS) 247.5 (instructions for contracting officers) and at DFARS 252.247-7023 (instructions for contractors), the latter of which is included as a clause in every DOD contract in which transportation of supplies by sea may occur.
Yes, however only the DOD contracting officer can waive the requirement for U.S.-flag vessels, and then only after following a process that includes a review from a major transportation Command (SDDC or MSC) and MARAD. The conditions under which a waiver can be granted are described in DFARS 252.247-7023. If you have questions about the waiver process, please contact the Maritime Administration at 202-366-4610 and press 4 for the Department of Defense team.
19. What technical assistance is available to help my agency or company comply with the Cargo Preference laws?
- Training is available at this e-learning website
- Outreach materials upon request to MARAD (firstname.lastname@example.org)
- Additional resources for your reference
- Accredited continuing learning credit via Defense Acquisition University (DAU) for contracting and acquisition personnel and the public is now available. DAU has accredited four courses that can be used for educational purposes or to obtain required credits as needed, found by logging into the DAU Virtual Campus. The catalog courses are:
- CLC 038 - Introduction to the World of Ocean Transport & Cargo Preference
- CLC 049 - Introduction to Military Cargo and Transportation of Supplies by Sea
- CLC 053 - Introduction to Transportation of Government Non-Food Aid Cargo by Sea
- CLC 068 - Introduction to Shipping Food Aid Cargoes by Sea
Please submit your question or inquiry to email@example.com or call 202-366-4610.