
The United States Department of Energy (DOE) has withdrawn a blanket order that extended liquefied natural gas (LNG) export regulations to ship-to-ship transfers of LNG for use as marine fuel.
In an export permit issued to JAX LNG LLC December 23, 2024, the Biden DOE resolved that bunkering of U.S.-produced LNG constitutes export if the vessel being loaded is foreign-registered, regardless of whether the transfer happens in or outside the U.S.
Shortly after Donald Trump took office succeeding Joe Biden as president, JAX LNG requested the DOE grant a rehearing.
“The DOE erred in concluding that a ship-to-ship transfer of LNG from a bunkering vessel to another ship, regardless of where the transfer occurs, includes elements of both shipment from the United States and ‘subsequent entry into commerce at the destination, where the destination is a foreign country’”, JAX argued in the request, according to a recent DOE order granting rehearing.
“The DOE erred in treating a foreign-registered vessel as, in effect, a foreign country for purposes of applying NGA Section 3”.
Section 3 of the Natural Gas Act governs the issuance of authorizations to export LNG to countries with a free trade agreement (FTA) with the U.S. and those without.
In granting rehearing, the DOE said it is taking back its assertion of jurisdiction under NGA Section 3 over LNG bunkering regardless of whether the transfer is done in or outside the U.S. The DOE is “no longer evaluating, for jurisdictional purposes, the ‘flag’ (or country registration) of the receiving ship”, said the rehearing order dated February 25.
However, ship-to-ship transfers of U.S. LNG for use as maritime fuel are considered exports if the receiving ship is in the territorial sea of a foreign country. “Through this exercise of jurisdiction under NGA section 3, DOE is maintaining jurisdiction over exports of natural gas and has visibility into bunkering activities occurring globally involving U.S. LNG, to the extent permitted by law”, stated the rehearing order.
The new order supports Trump’s “Unleashing American Energy” directive, the DOE said.
“The use of LNG for marine fuel has increased in recent years and is expected to continue to increase amid more stringent emissions regulations for shipping”, it said in a separate statement.
Tala Goudarzi, principal deputy assistant secretary of the DOE’s Office of Fossil Energy and Carbon Management, said, “Today’s action is a significant step in reducing regulatory burdens and helping this important segment of the LNG market continue to grow”.
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