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Trump wants to charge fees for Hormuz, just like Iran. Is that legal?

Donald Trump announced on Monday that after the ceasefire broke down with Iran over Tehran's attempts to maintain control of the strategic waterway, the United States will charge cargoes 20% more for the use of the Strait of Hormuz. Iran closed down the 34 km wide strait, which was the main route for a 5th of the world's oil supply and other essential goods such as fertilisers. This caused a global energy crisis when the U.S.

It's important to understand the differences between Trump and Iran, and what it means for the rest of the world.

HAS THE U.S. Has the U.S. In response to Iran's request for fees, U.S. Secretary Marco Rubio stated in a meeting with Gulf States on June 25 that "no nation on Earth has the rights to charge for the usage of international waterways." He also said that shipping fees would never be included in any agreement.

Trump had previously suggested that the U.S. could charge tolls in the event of a failure to reach a deal with Iran. There will be no tolls in the Hormuz strait during the Cease Fire period for 60 days, and after that, there will be no tolls, unless the United States of America imposes them for the services rendered by the Guardian Angel in the Middle East countries.

He now seems to have returned to his previous stance, with the ceasefire in tatters.

In a post on social media on Monday, he stated that "the U.S.A. would be known from now on as 'THE GUARDIAN of the HORMUZ STREET'. But as such, as a matter FAIRNESS will be reimbursed at a rate of 20% for all cargo shipped."

Trump hasn't explained how such charges would be imposed, nor what legal authority could he use to require their passage.

How is TRUMP's demand for a toll different from IRAN's request for fees? Iran's main negotiation priority is to maintain control of the Strait waters, which it shares with Oman. It sees this as the strongest strategic lever it has in the world, and the best assurance for its security from future attacks.

Washington may have accepted this from the language of the interim agreement signed last month, which stated that Iran would "make arrangements with its best efforts to ensure the safe passage of commercial ships without charge for 60-days only".

The U.S., however, interpreted this language to mean that Iran should only facilitate safe passage of vessels and not impose any restrictions backed by force.

During the war in Iran, Tehran created the Persian Gulf Strait Authority with which it said any vessel transiting the waterway had to coordinate and that ships were only allowed to transit near the Iranian shoreline. It has targeted vessels that have tried to pass the Omani coast without its permission.

The company has stated that it will eventually charge a fee for the passage of passengers, but hasn't specified what this would be.

What was the situation before the war and is it legal to charge for using a 'STRAIT'?

The Strait is made of the territorial waters between Iran and Oman with the maritime border running through the middle.

UNCLOS, the international maritime law convention, says that states bordering straits can't demand payment for a simple permission to pass through.

They can, however, impose a limited fee for certain services, such as tugging, piloting or port services. These fees may not be imposed more heavily on ships from a particular country.

UNCLOS is not signed by either Iran or the United States, but it is widely accepted as international maritime law. Hormuz has been referred to as an international strait.

In 1968, Iran & Oman reached an agreement with the International Maritime Organization (IMO) to use the sea lanes in the middle of the Strait for major vessels. According to the IMO, the mines laid by Iran during the war have made this passage dangerous.

Would other countries accept tolls or fees for transiting HORMUZ?

Shipping industry officials claim that no such unilateral decision to charge fees for crossing a strait was ever made in modern history.

Oman and Iran have held a dialogue on this issue. It issued guidelines last month to vessels that transited the Strait via its waters without paying any fees. Gulf States, whose primary access to high seas is through the Strait for vital energy exports, are especially concerned about fees.

Trump's proposed 20% surcharge for cargoes could also alarm major consumers of Gulf energy and fertilisers. This could cause global oil prices to rise significantly.

(source: Reuters)