Revealing Times – The Jones Act and TransAtlantic Cooperation
The results of the oil spill in the Gulf of Mexico reveal a continuously sensitive relationship between the US and the EU and highlight rifts within the US as a result of oil-spill-related transatlantic interactions. Since the spill, there has been coordination between the two bodies through the offer and acceptance of aid to restrict the oil's spread. The major publicly-advertised "obstacle" to cooperation, however, has been the Merchant Marine Act, more commonly known as the Jones Act.
In early June, the US requested aid and additional equipment from the European Commission's Monitoring and Information Center which forwarded the request to countries participating in its European Civil Protection Mechanism. The response was encouraging. Belgium, Croatia, Denmark, Germany, Ireland, Italy, Sweden and the UK pledged help; Sweden and Germany offered technical support and Norway and the Netherlands sent equipment (8 skimming systems).1 Assistance provided to date has included containment and sorbent boom, skimmers and containment vessels, and engineers and scientists with vital experience in oil spill cleanup operations.
In spite of this cooperation, criticism comes from the demand side of the transatlantic coordination. Some claim that the Obama administration could be going a step further to facilitate foreign aid. This critique echoes criticism of the Bush administration's approach to solving the Katrina disaster. During both processes some claimed that the approach had been too internal and that valuable aid has been rejected from external sources. Some say that rejection of oil-spill assistance was due to the provision of the Jones Act which is a trade and commerce law enacted in 1920 as part of a larger Marine Merchant Act. The Act sets stipulations so that all trade moving from one US port to another must be transported in US-constructed vessels owned by American citizens. Fox News, Former Alaska Governor Sarah Palin and Texas Senator Kay Bailey Hutchison, have publicly claimed that the Jones Act has harmed the clean-up progress.2 Critics say that if Obama does not waive this Act in a time of crisis, necessary aid will be consequently ignored and tensions between the US and countries offering aid (primarily from within the EU) will be aggravated.
As a response, the Deepwater Horizon team said that although a waiver could have been useful during the time of the Katrina disaster, when there was a disruption of the transportation of petroleum in the region, today's crisis is so far purely environmental and the Act does not influence the acceptance or rejection of aid in the region. In fact, only one relevant offer has been permanently declined after the acceptance of aid from six foreign countries or entities by late June.3 The rejected offer was from France which uses a chemical dispersant that is not approved for use in the US.4 There are other offers of international assistance that were initially turned down after finding that they did not fit the needs of the request.5 Finally, there is at least one example of a delayed acceptance of aid after an initial refusal, as with the Dutch case.6
It is not surprising how closely the rejection and approval of aid has been monitored between the US and the EU. There is a long history of TransAtlantic trade tension and hopes have been high for increased cooperation between the Obama administration and the EU. Some feel that US-flagged skimmers should be used first before accepting foreign aid and that any potential block to outside sources should be guarded. Loosening restrictions could hurt protectionist interests, especially since every single offer of foreign aid since the April 20 oil rig explosion has come with a price tag (reported by the State Department in mid-June, 2010).7 Maritime industry spokesmen claim that there are many able and available American vessels that have not been called to duty, "There are American vessels that are completely equipped to deal with this situation with no instructions to do anything," explains Mark Ruge from Maritime Cabotage Task Force, in an interview with Robert Bluey from the Christian Science Monitor.8 The conflict between pro- and anti- waiver of the Jones Act is creating tension not only with the EU but within the US itself.
National Incident Commander, Admiral Thad Allen has subsequently announced the development of specific guidelines to ensure accelerated processing of requests for temporary Jones Act waivers if needed in response to future activities undertaken by foreign-flagged vessels.9 This is a solution that can tentatively appease both sides of the dispute – it shows commitment to the US economy and local service providers while publicly admitting that there is a lack of cooperation with foreign aid and a need to break down barriers.
The oil spill crisis has been an interesting test case of US – EU communication. It seems as though the Obama administration is eager to send a positive image to the EU in requesting and then accepting relevant and useful aid offers, even at the cost of angering domestic aid efforts. In response to criticism that the Jones Act has hindered access to foreign aid, the Obama administration (through the Deepwater Horizon team) has explained how the Act is not currently relevant to the situation but also assured the public that efforts are being undertaken to allow a speedy waiver process if the situation changes.
- Europa, "The EU offers oil containment equipment to contain oil," Brussels, Friday 11 June 2010
- FactCheck, "Oil Spill, Foreign Help and the Jones Act," Joshua Goldman, June 23, 2010
- The European Institute, "U.S. Gets Oil-Spill Help from Nations with Special Equipment and Know-How," Meghan Kelly, European Affairs, June 2010
- FactCheck, "Oil Spill, Foreign Help and the Jones Act," Joshua Goldman, June 23, 2010
- Deepwater Horizon Response, "Admiral Alan Provides Guidance to Ensure Expedited Jones Act Waiver Processing Should It Be Needed," June 15, 2010
- Christian Science Monitor, "Jones Act: Maritime politics strain Gulf oil spill cleanup," Patrik Jonsson, Atlanta, June 19, 2010
- MSNBC, "Foreign help on spill comes with a price tag," Eileen Sullivan and Matthew Lee, June 18, 2010
- Christian Science Monitor.
- Deepwater Horizon Response.