Host: Lori Mullins
Guests: Rich Roche, Ashley Craig

Series: NCBFAA Quarterly Podcast – Transportation Committee Focus
Published: March 2026
Length: ~40 minutes
Presented by: National Customs Brokers & Forwarders Association of America (NCBFAA) in partnership with Simply Trade

NCBFAA Transportation Committee: Strait of Hormuz, FMC, and Shipping Risk in 2026

In this NCBFAA quarterly episode, social media director and licensed customs broker Lori Mullins sits down with Rich Roche, Senior Vice President at Mohawk Global Logistics and NCBFAA NVOCC Chair, and Ashley Craig, partner at Venable LLP and outside Transportation Counsel to NCBFAA, for a deep dive on the work of the NCBFAA Transportation Committee in a rapidly changing risk environment.

The conversation focuses on how the Transportation Committee is engaging with regulators—especially the Federal Maritime Commission (FMC)—and monitoring global chokepoints like the Strait of Hormuz to protect brokers, forwarders, and NVOCCs.

Inside the NCBFAA Transportation Committee’s Agenda

FMC leadership and priorities
- Rich explains the “new season” at FMC under Chair Laura DiBella, with NCBFAA meeting her on day one and tracking the confirmation of additional commissioners to get the agency to full strength.
- The committee is watching FMC’s expanded role, including analyzing global “choke points” (like the Iran conflict and Spanish embargo actions) and supporting efforts to close the harbor maintenance fee loophole for cargo routed via Canada and Mexico.
Strait of Hormuz and global chokepoints
- Ashley breaks down why the Strait of Hormuz—only about 20 nautical miles wide and dominated geographically by Iran—remains one of the most critical choke points in global energy and trade, carrying roughly 60% of petroleum productsexiting the region.
- Rich details current impacts: hundreds of tankers and cargo vessels effectively stopped or trapped, export bookings halted, and knock-on effects on fuel availability for airlines and ocean carriers, particularly in Asia.
Legal and commercial risk: surcharges, notice, and the Shipping Act
- Ashley walks through how tensions translate into war risk surcharges and emergency contingency charges from major carriers (Maersk, CMA, Hapag-Lloyd, MSC, ONE), and the critical 30‑day notice requirement under the Shipping Act for U.S. trades—plus how “special permission” filings at the FMC can accelerate those timelines.
- The Transportation Committee is monitoring FMC guidance reminding carriers and NVOCCs of their obligations to publish and adhere to filed rates, and educating members on when to go to FMC vs. resolving disputes under service contracts or through courts/ADR.
Export controls and NCBFAA’s export subcommittee work
- Ashley highlights the work of the NCBFAA Export Subcommittee, which sits under the Transportation Committee and has collaborated with BIS on the Freight Forwarder Best Practices (now live on the BIS site).
- The committee is tracking evolving sanctions and export controls on Iran and third‑party intermediaries, stressing regular checks of the U.S. consolidated screening lists and ongoing engagement with BIS, OFAC, and other agencies.
Insurance, force majeure, and contract readiness
- From a legal and practical standpoint, Ashley urges members to review war risk underwriting, force majeure language, and service contracts now—especially for cargo stuck in the Gulf region—to avoid unmanaged detention/demurrage and misaligned risk allocation.
- The Transportation Committee is encouraging proactive dialogue with carriers and underwriters, not just reactive claims once disruptions surface.
Energy markets, surcharges, and downstream costs
- The episode covers how rising oil prices (already over USD 100/barrel with potential to go higher) drive up bunker costs, trigger higher bunker and emergency surcharges, and ultimately raise total transportation costs for shippers and NVOCC customers.
Policy horizon: tariffs, ship taxes, and Jones Act talk
- Ashley notes the administration’s heavy focus on maritime policy, new and potential 232/301 investigations, a 301 forced labor inquiry touching over 60 trading partners, and proposals like a “universal ship tax” and land border fee that NCBFAA and peer associations are actively reviewing.
- The committee is also watching discussions around Jones Act waivers for energy flows and coor...