Recent reports indicate that the reciprocal port fee measures introduced by the United States and China may remain suspended until 10 January 2027. If confirmed, this would remove the immediate prospect of the fees being reintroduced in November 2026.
However, uncertainty remains both as to the longer-term position and the status of the measures themselves.
To assist the industry in managing these risks, BIMCO has already published two standard clauses dealing with the respective US and Chinese measures:
Both clauses were developed to provide a clear allocation of responsibility between owners and charterers should the relevant port fees become payable during the charter period. The clauses may be incorporated into both new and existing charter parties and remain available for use irrespective of the current position regarding the measures.
The measures originated in 2025 when the United States introduced port fees affecting certain Chinese-linked vessels calling at US ports. China subsequently introduced corresponding Special Port Fees applicable to certain vessels with a United States nexus calling at Chinese ports. Both measures were suspended from 10 November 2025 pending discussions between the two countries on a broader solution. Recent reporting suggests that the postponement may now continue until at least 10 January 2027.
Contractual exposure remains
Regardless of the current status of the measures, the underlying legislation and regulatory frameworks remain in place. The possibility that the measures could become applicable at a later date therefore remains.
Owners and charterers entering into time charter parties should continue to consider how any future liability for US or Chinese port fees will be allocated between them. Given the ongoing uncertainty surrounding these measures, parties are encouraged to address the allocation of risk contractually at the time of fixture rather than wait for further regulatory developments.
Continue to monitor developments
The reported extension of the postponement, if confirmed, would provide additional certainty in the short term. However, members should not assume that the issue has been permanently resolved. Members with vessels trading in the US-China market, or charter parties extending beyond January 2027, should continue to review their contractual arrangements and consider whether the relevant BIMCO clauses should be incorporated.
BIMCO will continue to monitor developments and provide further guidance should the regulatory position change.
