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included in the statutory de? nition. Again, its simple, a point is a point and merchandise is merchandise.? All of that said; Adams has real world advice for those looking to save a few bucks or skirt the law: While the statutory language is clear, real world interpretations may be based on bad information and penalties for violation can be severe. If an operator has a spe- ci? c question about the application of the law to a real situation, risk can be avoided by asking Customs and Border Protection (CBP) for guidance. Many in the industry rely on logistics special- ists to make their Jones Act compliance decisions. Without authoritative guid- ance, a questionable move that appears to be convenient at the time can lead to expensive delays and penalties. In all cases, risk can easily eliminated by ask- ing CBP for direction.? THE JONES ACT AND THE ULTRA -DEEPWA -TER PLAY ? A DIFFERENT PLAYING FIELD? OMSAs take on the increasingly far- ? ung and deep water activities now de- veloping in the Gulf of Mexico is also illuminating. Cloaking his arguments in risk-based language, Adams says, Since the east coast and west coast are currently closed to exploration and development on the OCS, I cant see an energy company successfully going beyond our OCS in order to circum- vent government oversight. Deepwater exploration is simply too expensive to embrace a business plan that invites political risk. Political stability and pre- dictability provide an essential founda- tion to justify the expense of deepwater energy activity, so it makes sense that an operator will demand a clear under-standing of who is regulating the mar- ket before making an investment.? OMSAs take on the new normal offshore U.S. Gulf in terms of BSEE regulations/enforcement, the evolving safety culture offshore, and the speed of permitting and sales of offshore lands September 201350 MNMN Sept2013 Layout 50-65.indd 508/29/2013 4:50:21 PM
