Tuesday, 02 January 2024 12:17 GMT

US Bars Iran Safe-Passage Deals Arabian Post


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Arabian Post Staff -Dubai

Washington has tightened its warning to shipping, energy and insurance companies, saying US-linked parties cannot seek safe-passage arrangements from Iran for vessels moving through the Strait of Hormuz, even when no money changes hands.

The updated position, issued on 29 May, broadens earlier sanctions guidance that focused on tolls, donations, offsets, digital assets and other indirect payments demanded in connection with passage through one of the world's most important energy corridors. The warning makes clear that a guarantee, route clearance or other service from the Government of Iran may itself breach US sanctions rules if received by US persons or US-owned or controlled foreign entities.

“Regardless of whether a payment is made, US persons are prohibited from receiving services from the Government of Iran, including services related to a guarantee of safe passage,” the US Treasury said in its updated guidance.

The clarification raises the compliance stakes for shipowners, charterers, traders, insurers, reinsurers, banks and port-service providers at a time when maritime traffic through the Gulf has been disrupted by the conflict between Washington and Tehran. The Strait of Hormuz links the Gulf with the Gulf of Oman and the Arabian Sea, carrying a large share of global seaborne crude and liquefied natural gas trade. Any prolonged restriction in the passage risks increasing freight costs, war-risk premiums and supply uncertainty for Asian and European buyers.

The Treasury's move follows the designation on 27 May of the Persian Gulf Strait Authority, described by Washington as an Iranian body created to collect tolls and manage vessel passage through the waterway. US officials say the authority works with the Islamic Revolutionary Guard Corps and its naval arm to direct traffic, require vessel information and impose payments or conditions in return for passage. The IRGC is already under multiple US sanctions authorities and is designated by Washington as a foreign terrorist organisation.

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The latest guidance closes a potential loophole for companies that may have sought to avoid explicit toll payments while still obtaining informal assurances from Iranian authorities. Under the revised position, the problem is not only the transfer of funds. It is also the receipt of a service or guarantee from sanctioned Iranian actors. That distinction is likely to influence legal advice across the maritime sector, particularly for companies with US exposure, dollar transactions, US insurers, American investors or links to US financial institutions.

The warning also extends beyond US companies. Non-US firms and foreign financial institutions may face penalties if they participate in transactions involving the Government of Iran, the IRGC or blocked Iranian entities. Such exposure could include restrictions on access to the US financial system, asset freezes or other sanctions measures. The compliance risk is heightened where payments are routed through intermediaries, charities, embassy accounts, digital wallets, swaps or in-kind arrangements.

Washington has also warned Oman against any direct or indirect role in facilitating a toll mechanism for the Strait of Hormuz. Treasury Secretary Scott Bessent said the US would target actors involved in any such arrangement and penalise willing partners. The warning reflects US concern that regional intermediaries could be used to give Iran's passage system a veneer of administrative or security coordination.

Energy companies are already adjusting their posture. Chevron chief executive Mike Wirth has said the company would not consider paying a toll to move ships through the strait, while noting that shipowners and insurers must be comfortable before normal traffic can resume. The company has vessels under third-party charter in the area, but vessel owners ultimately decide whether to transit.

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For insurers and reinsurers, the guidance creates a sharper due-diligence obligation. Maritime service providers are expected to examine whether vessels have coordinated with Iranian bodies, provided sensitive voyage information, paid passage charges or accepted safe-passage guarantees. Failure to detect such links could expose companies to enforcement risk if US persons, financial institutions or insurers are drawn into prohibited activity.

The Strait of Hormuz has long been a pressure point in tensions between Iran and the US, but the latest dispute places sanctions compliance at the centre of vessel movement. Commercial operators now face a difficult balance between crew safety, contractual delivery obligations, insurance cover and exposure to US penalties. Even vessels carrying lawful cargo may face scrutiny if their passage involves Iranian authorisation outside permitted channels.

The policy also strengthens Washington's effort to deny Tehran revenue from maritime pressure while preserving the principle of free navigation. For Iran, any toll or passage-guarantee regime could serve both financial and strategic objectives by asserting control over a chokepoint vital to global energy trade. For the US, treating even no-payment guarantees as prohibited services signals an attempt to prevent normalisation of that control.

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The Arabian Post

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