Maritime Legal Update
– April 2026
“Tehran Toll Booth” in
the Strait of Hormuz – passage fees, sanctions exposure and legal uncertainty
(prepared by Marek Czernis & Co. Law
Office)
Firm note – active
crisis advisory
The Law Office is actively advising a number of
shipowners, carriers, charterers and cargo interests in relation to the
Middle East crisis, including sanctions exposure, war risk, safe port
considerations and contractual risk allocation.
1. Introduction –
controlled transit through Hormuz
Shipping through the Strait of Hormuz is
increasingly subject to a system described as a “Tehran Toll Booth”, under
which vessels must obtain Iranian clearance and, in some cases, make payments
for safe passage.
2. Nature of the
system
The system involves: submission of detailed
vessel and cargo information, screening and approval by IRGC-linked
authorities, issuance of clearance codes and escorted transit
routes.
3. Legal concerns
3.1. Freedom of
navigation
The imposition of passage fees raises serious
concerns under international law governing freedom of navigation through
international straits.
3.2. Sanctions risk
The most critical issue is sanctions exposure: IRGC
is designated as a Foreign Terrorist Organization (FTO), payments could
constitute material support, exposing parties to civil, regulatory and criminal
liability.
4. Market response
Operators are divided: some rely on diplomatic
arrangements, others refuse engagement due to legal risks, some attempt
operational workarounds (e.g. identity masking).
5. Contractual
implications
Key issues include: whether charterers can
require transit, allocation of costs and risks, insurance coverage
implications.
6. Practical
recommendations: conduct
strict sanctions compliance checks, avoid
direct/indirect payments to sanctioned entities, review charterparty and insurance clauses, coordinate legal, insurance and operational decisions.
7. Conclusion
The “Tehran Toll Booth” represents a legally
and commercially high-risk development, combining geopolitical control with
potential sanctions exposure.
The Law Office is actively assisting clients in
navigating these complex risks.
Final note – our
publications
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