海上阻塞点-一年过去了

AYearOn May 2026 In March 2025, we reported on the announcement by the US Federal Maritime Commission(FMC) of the initiation of a non-adjudicatory investigation into transit constraints atinternational maritime chokepoints: “Maritime Chokepoints and Freedom of Navigation.” A Update on FMC Investigation The FMC has a statutory mandate to monitor and evaluateconditions affecting shipping in US foreign trade.Section42101(a) of Title 46 of the US Codeprovides that thecommission “shall prescribe regulations affecting shippingin foreign trade ... to adjust or meet general or special With regard to the Strait of Hormuz, the FMC has alreadyweighed in. On March 23, 2026, the FMCrejectedcontainervessel operators’ requests to raise rates amid the Strait of More recently, on May 5, 2026, at the TradeWinds ShipownersForum USA in Houston, Texas, FMC Chairman Laura DiBellaspecifically mentioned the FMC’s ongoing investigation intomaritime chokepoints, noted that this particular investigationhad acquired a significantly higher profile and importance Although small in size, the FMC possesses far-reachingauthority: it can block a country’s vessels from entering USports, restrict cargo flows or impose fines. Moreover, theFMC’s regulatory activities should be viewed in the context The FMC’s maritime chokepoint investigation is occurringat the same time that the FMC is investigating “flags ofconvenience” to assesses whether some registries are Initially, the FMC identified seven global maritimechokepoints1potentially subject to such constraints, butnotably, as we observed at the time, the FMC’s list omittedcertain chokepoints that appeared significantly more Current Closure of the Strait of Hormuz In assessing the legality of Iran’s closure of the strait andcharging of tolls (which could form part of any resolutionto the conflict), the starting point is the United NationsConvention on the Law of the Sea (UNCLOS). Part III ofUNCLOS introduced the enhanced right of “transit passage”for waters considered to be “straits used for internationalnavigation.” Provided passage is continuous and expeditious(and certain other duties are complied with by passingships, such as refraining from the use of force: Article 39),Article 44 provides that bordering states shall not hamper The Strait of Hormuz, currently at the epicenter ofinternational attention, is one of the world’s most significantmaritime chokepoints. Bordering Iran and Oman, with In the period immediately preceding the February 2026escalation with Iran, the Strait of Hormuz carried around aquarter of global seaborne oil trade as well as significant •38% of crude oil •29% of liquefied petroleum gas (LPG) •19% of LNG •19% of refined oil products •13% of chemicals, including fertilizers Disruption to maritime transit through the Strait of Hormuztherefore has significant consequences for international Iran has signed but never ratified UNCLOS (and the US isnot a party to it). Notably, upon signature of UNCLOS, Iranmade an interpretative declaration on the subject of straits,rejecting the concept of transit passage. Notwithstandingthis, the principle of unhampered transit passage through While the situation is volatile, the military conflict in theregion makes current transit through the Strait of Hormuzimpossible, save for very rare and exceptional cases. Thisarises from the effective closure of the Strait by Iran, includingdirect attacks on commercial vessels, as well as from the Should Iran’s policy of charging tolls continue, furtherquestions would then arise as to whether it is lawful for •Exposure under national legislation–Could payment oftolls violate other applicable national laws in one or morejurisdictions? As with sanctions exposure, it should beborne in mind that multiple states may assert jurisdiction.By way of example, the FMC has issued apress release This would involve consideration of at least the following •Sanctions considerations– Would the payment of tolls toIran, whether directly or indirectly, risk breaching applicablesanctions regimes? Different overlapping sanctionsregimes may apply depending on the nationalities of the Under US sanctions, US persons are strictly prohibitedfrom making or facilitating toll payments to or for thebenefit of the government of Iran. It is also clear that USdollar toll payments made by non-US persons violate USsanctions because US banks must process such payments.Significantly, for non-US persons, the sanctions risk wasaddressed ina recent Office of Foreign Assets Control(OFAC) alert, stating that non-US persons risk being thetarget of secondary sanctions (i.e., designation on the •Reputational risk– Would compliance with tollingrequirements carry a material risk of reputational harm Concerns about Copy Cat Attempts There are significant concerns in the maritime industry thatthe long-term effect of the Strait of Hormuz crisis may be theencouragement of other countries bordering chokepoints to On April