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Sources say that the proposed passage of Hormuz deal is not feasible for the shipping industry

Four?industry?sources' said that a proposed deal between Iran & Oman, which would give Tehran control of ships entering the Gulf via the?Strait of Hormuz, is not easily attainable?due U.S. sanctions & restrictive insurance clauses for any?payments. The narrow waterway connecting the Gulf to the Indian Ocean, before U.S. and Israeli airstrikes in February unleashed a war on Iran, was the main route used by a fifth or more of the world's oil and other essential goods. The waterway was open to all vessels without any fees.

The biggest obstacle to ending the conflict has been the control of the strait.

According to the latest proposal, Tehran could intervene with any inbound travel, if needed, and outbound traffic will follow a route between Iran and Oman.

In an open letter published this week, the world's top shipping associations stated that merchant ships must be able to navigate international waters "safely and predictably" without unnecessary obstacles. This is essential for resilient supply chains, economic security and energy security.

The letter sent to UN's shipping agency said that introducing mandatory charges for transit or services fees through the strait was "a toll but name".

It would set a precedent which could undermine the internationally recognised legal framework that governs straits used as international transit and navigation passage.

In 1968, the UN shipping agency adopted a scheme for two-way separation of traffic with the agreement of the countries in the area. The current ship routing system was created by the UN's shipping agency in 1968. It split sailing routes through Iranian and Omani water. According to a senior Iranian official, Iran wants fees between 5% and 7 % of the cargo price from ships that use the strait. Oman has proposed fees of about 3% while Washington is against any fees.

The UN's International Maritime Organization (IMO) said that it couldn't comment on the reports about these proposals.

The governing council of the agency stated in July that countries surrounding the strait must guarantee "non-discriminatory, unimpeded transit passage for all ships" by implementing a traffic separation scheme. This passage should be free of tolls or charges.

Fees would create compliance issues

Shipping companies and oil traders will have major compliance problems if they are charged fees. The U.S. imposed sanctions against the Persian Gulf Strait Authority, which Iran established in May to operate this waterway.

Treasury Department has prohibited U.S. citizens from receiving any services related to "a guarantee of safe passage" from the Iranian government. The industry sources warned that any payment could result in asset freezing. Due to the sensitive nature of the issue, they declined to identify themselves.

The introduction by the Lloyd's Market Association in late July of a clause that can be used by war insurers to terminate insurance coverage for a ship if the vessel has paid any transit fee, toll, or other charge related with passage through the Strait of Hormuz is another complication.

Ships that pass through the Strait must pay an extra premium for war risks to be insured in case their ship is damaged while in transit.

The LMA stated in July that "under the clause, insurers are not liable to indemnify such payments and, where a payment is made, they're released from their obligations with respect to the vessel."

The LMA represents all Lloyd's of London underwriting companies. One insurance source stated that shipping companies are in a "catch-22" situation as LMA prohibits insurers to cover shipowners paying, but Iran wants to charge a toll. (Reporting and editing by Barbara Lewis; Marwa Rashad and Jonathan Saul)

(source: Reuters)