SPAIN Trends and Developments Contributed by: Albert Prats Ribas and Jordi Mayol Orga, BUFETE A. PRATS
Restrictions on Transit Authorisations, Sovereignty and Regulatory Friction: Spain’s Royal Decree-Law 10/2025 and the Unites States’ Maritime Response Introduction Access to ports and navigation through territorial waters are two distinct legal areas in international maritime law. While access to ports is part of the core sovereignty of the coastal state, navigation through territorial waters is subject to a specific regime of guarantees, notably the right of innocent passage. This distinction is essential to understanding the scope of the recent maritime restrictions adopted by Spain through Royal Decree-Law 10/2025 of 23 Sep - tember, adopting urgent measures against genocide in Gaza and in support of the Palestinian population (RDL 10/2025, published in the Official State Gazette No 230 of 24 September 2025). This measure oper - ates within a domestic legal framework in which Law 14/2014 of 24 July on Maritime Navigation (LNM) expressly recognises the State’s power to condition, restrict or prohibit navigation in Spanish maritime spaces for reasons of maritime safety and security. RDL 10/2025 has introduced significant restrictions on transit authorisations for ships carrying goods linked to Israel, including defence equipment, dual-use prod - ucts and fuels for military use. The application of this regulatory framework has par - ticularly affected vessels flying the flag of the United States participating in the Maritime Security Pro - gramme (MSP), regulated by Title 46 of the United States Code, Chapter 531. The MSP is a strategic programme through which the Maritime Administra - tion (MARAD) maintains a fleet of commercially viable and militarily useful merchant ships available for mobi - lisation by the Department of Defence during national emergencies or armed conflict. According to public information from the Federal Mari - time Commission (FMC), between 9 and 14 November 2024 Spain denied access to the APM port terminals in Algeciras to three US-flagged MSP vessels oper - ated by Maersk Line Limited ( Maersk Denver , Mae- rsk Nysted and Maersk Seletar ), which were carrying cargo originating in or destined for Israel, citing com - pliance with European Union regulations.
The denial of access to Spanish ports to this type of vessel has prompted the FMC to open a formal investigation under the powers granted to it by Title 46 USC to act against foreign practices that may cre - ate unfavourable conditions for maritime transport in US foreign trade. This article examines the legal scope of RDL 10/2025 and the response of the US maritime authorities. Spanish regulatory framework: RDL 10/2025 and the transit authorisation regime Regulatory context: from Law 53/2007 to RDL 10/2025 Spain has a robust system for controlling foreign trade in defence equipment, established by Law 53/2007 of 28 December on the control of foreign trade in defence and dual-use equipment (BOE No 312 of 29 December 2007). The regime was developed by Roy - al Decree 679/2014 of 1 August (BOE No 207 of 26 August 2014), which classifies defence equipment in specific annexes and establishes detailed procedures for export, import and transit authorisations. All export, import and transit operations involv - ing defence equipment require prior administrative authorisation in accordance with Law 53/2007. Con - trol is based on a case-by-case assessment in accord - ance with the criteria established in Article 8, which includes considerations regarding respect for human rights, international peace and security, compatibility with United Nations and European Union embargoes, and the protection of Spanish public order. This evalu - ative approach allows the State a margin of discretion based on the specific circumstances of each case. Royal Decree-Law 10/2025 does not replace the pre- existing system but modifies it by introducing addi - tional restrictions specifically targeting Israel through a mechanism for denying authorisations (regulatory mandate with a predetermined outcome). This meas - ure reflects an intensified application of the criteria of Article 8 of Law 53/2007, transforming what was a case-by-case assessment into a categorical prohibi - tion. RDL 10/2025 maintains the administrative proce - dure of RD 679/2014, but orders that all authorisation requests relating to Israel be systematically denied,
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