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section47.505

Construction contracts

Overview

This section outlines the cargo preference requirements for overseas construction projects, mandating the use of U.S.-flag vessels while providing specific exemptions for projects heavily funded by recipient nations.

Key Rules

  • General Compliance: Construction contractors, subcontractors, and suppliers performing overseas work are required to follow U.S.-flag vessel shipping policies.
  • Foreign Aid Exception: Requirements are waived for military assistance or foreign aid projects if the recipient nation provides or pays for at least 50% of the transportation.
  • Tonnage Limitation: Under the co-funded exception, foreign-flag vessels may be used, but their use is capped at 50% of the project's total gross tonnage.

Practical Implications

  • Contractors must verify the funding structure of international aid projects to determine if they can leverage lower-cost foreign shipping for up to half of their cargo.
  • Subcontractors and suppliers must be flow-down compliant with these shipping regulations unless the specific project funding exemption is formally triggered.

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