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The memorandum of understanding signed this week by the United States and Iran does more than end months of conflict and reopen the Strait of Hormuz. It sketches out a potentially significant shift in how one of the world's most important maritime chokepoints may be managed in the years ahead.
Buried within the 14-point agreement is language that places Iran at the center of future discussions over maritime services and administration in the Strait, a role that would represent a major departure from the security architecture that has dominated Gulf shipping for decades.
Under Article 5 of the memorandum, Iran commits to making arrangements "using its best efforts" to ensure the safe passage of commercial vessels through the Strait of Hormuz and the Persian Gulf.
The article goes further. It states that Iran will conduct dialogue with Oman "to define the future administration and maritime services in the Strait of Hormuz" and later hold discussions with Gulf littoral states "in line with international law and the sovereign rights of coastal states of the Strait of Hormuz."
The wording is notable because it places greater emphasis on the role of coastal states in the future management of the Strait. The MOU does not alter international transit rights or define a new governance structure, but it does suggest that Iran and Oman could play a more prominent role in maritime services and regional coordination going forward.
The agreement does not define the phrase "future administration and maritime services," and that ambiguity is one of the reasons maritime organizations are approaching the deal cautiously.
Specifically, the text does not explain:
Those unanswered questions have become a central concern for shipping.
INTERTANKO, the association representing independent tanker owners, addressed the issue directly in a statement Thursday.
"As we move forward, the status of transit passage through the Strait of Hormuz needs to be emphasised," said Marine Director Phillip Belcher.
"Article 5 of the MoU states that no tolls will be charged for the first 60 days; however, the future is unclear and will be determined by Iran following dialogue with Oman and discussions with the Gulf States."
Belcher said the outcome of those discussions "must be a reinforcement of the central tenet that the Strait of Hormuz must remain free of charges and open to all in accordance with UNCLOS."
That concern has quickly become a recurring theme across the shipping industry.
The World Shipping Council said vessels must be able to pass through the Strait "safely, securely and without toll."
The emphasis on toll-free transit is not accidental. The Strait of Hormuz is widely regarded as an international strait subject to the principle of transit passage under the United Nations Convention on the Law of the Sea, or UNCLOS. Under that framework, ships enjoy the right to transit continuously and expeditiously through the waterway without interference.
Many shipowners fear any new governance arrangement could challenge that longstanding principle.
The MOU appears to anticipate such concerns by stating that maritime services provided by Iran will remain free of charge for the first 60 days following implementation. What happens afterward remains unclear.
The industry's insistence on toll-free transit echoes warnings issued earlier in the conflict by the International Maritime Organization. In late April, IMO Secretary-General Arsenio Dominguez told the U.N. Security Council there was "no legal basis" for payments or special transit conditions in the Strait of Hormuz, warning that such measures would undermine longstanding principles of freedom of navigation and set a dangerous precedent for other strategic waterways.
The IMO has repeatedly pointed to the U.N. Convention on the Law of the Sea, which guarantees the right of transit passage through international straits and provides that coastal states shall not hamper or suspend that right.
While the MOU states that maritime services provided by Iran will remain free of charge for the first 60 days, shipping organizations say the long-term status of transit fees or administrative charges must be clarified to ensure Hormuz remains open to international shipping on the same principles that have governed the waterway for decades.
The language of Article 5 reflects a broader theme running throughout the agreement.
The United States and Iran commit to respecting each other's sovereignty and territorial integrity and pledge not to interfere in each other's internal affairs. Taken together with the Hormuz provisions, the agreement points toward a maritime order based more heavily on regional and coastal-state management.
Qatar, whose economy depends heavily on exports through the Strait, appeared comfortable with that framework. In a statement Thursday, Doha welcomed the agreement and specifically praised provisions concerning freedom of navigation in the Strait of Hormuz, describing the MOU as a foundation for sustainable peace and economic growth.
The statement offered no objection to Iran's future role in maritime administration.
For the shipping industry, however, the debate is not yet about geopolitics.
BIMCO said the memorandum raises numerous unanswered questions concerning safe routes, traffic separation, reporting procedures, naval protection and emergency response.
"The MoU does not offer sufficient information regarding key aspects such as safe routes, measures to separate traffic, sequencing of ships leaving the Gulf, reporting procedures, ship security procedures, procedures for naval protection and emergency response," BIMCO Chief Safety and Security Officer Jakob Larsen said.
The organization expects an international coordination body will eventually be created to manage vessel movements through the Strait.
Until then, many shipowners are expected to remain cautious.
Even if the agreement holds, few in the industry expect Hormuz to return immediately to the way it operated before the conflict.
The traditional Traffic Separation Scheme remains affected by mine threats, according to industry groups. Temporary northern and southern coastal routes may continue to play an important role during the transition.
Hundreds of vessels remain inside the Persian Gulf awaiting a safe opportunity to resume normal trading patterns. And perhaps most importantly, the long-term rules governing the Strait remain unsettled.
For decades, the fundamental assumption behind global shipping through Hormuz was that international law guaranteed transit passage. The MOU suggests a different future may now be under discussion.
Exactly what that future looks like—and who ultimately controls the practical management of the world's most important oil chokepoint—may become one of the most consequential maritime questions of the post-war era.
Fuente: GCAPTAIN_NEWS
