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Jason Van Steenwyk
Jason Van Steenwyk

Aug 13, 2026

Why Sanctions Can't Solve Hormuz

Paying the toll breaks US law. Refusing it risks your ship.

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Final call: the window slams shut August 18th

Dear Friend,

This is the last time I'll write you about this.

On August 18th, Washington hands one energy source a competitive edge it has never given anything. Not oil. Not solar. Not wind. Not nuclear.

An edge that runs through 2033.

Everything else is already in place.

The discovery came first. An energy source 140 times global electricity demand, confirmed near the Grand Canyon.

Then the breakthrough. 3 miles of solid rock, drilled in 16 days instead of 64.

Then the validation. Google's 15-year contract. Gates' $100 million. The Pentagon's priority one designation.

And now the desperation. America's largest grid just failed to secure enough power for the third year running. Costs are up more than 60%, and the failures have already cost ratepayers nearly $30 billion. That's the running price of waiting, and it comes out of your pocket whether you act or not.

August 18th is the last piece. After that, the story writes itself, and the crowd shows up.

One company sits at the center. 60 years of work. A window that slams shut on August 18th.

After the 18th, you're reading about it. Before the 18th, you're ahead of it.

This is the final call »

"The Buck Stops Here,"

Kelly Maguire
Behind the Markets

Thursday, August 13, 2026

Why Sanctions Can't Solve Hormuz

Paying the toll breaks US law. Refusing it risks your ship.

On August 9, a committee of Iran's parliament approved the general outlines of a bill to toll the Strait of Hormuz. Zero opposing votes. The fee: up to 7% of cargo value on every commercial vessel that passes through.

Arsenio Dominguez, Secretary-General of the International Maritime Organization, said there is "no legal basis" for it. Eight major shipping groups wrote the UN to oppose it. The toll moved forward anyway.

It moved forward because three structural forces protect it. Together, they form a trap no existing institution can resolve.

The Big Idea

Iran's Hormuz toll sits inside a legal vacuum. Iran never ratified the treaty that governs international straits. Russia and China vetoed the UN resolution to enforce free passage. US sanctions make it illegal to pay the toll. Three locks. No key fits all three.

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The Strait and the Toll

The Strait of Hormuz is 21 nautical miles wide at its narrowest point. Both Iran and Oman claim 12-nautical-mile territorial seas. No strip of open ocean exists in the middle. Every ship passes through sovereign water.

Nearly 25% of the world's seaborne oil moves through those 21 miles. So does 20% of its liquefied natural gas.

Iran's Persian Gulf Shipping Authority, or PGSA, was created on May 18, 2026. Since May 18, it has collected roughly $2 million per crossing. The August 9 bill formalizes what was already happening on the water.

Observation: The PGSA has been collecting tolls since May 18. The committee vote on August 9 made the structure official.
Interpretation: The toll is operational, not theoretical. The bill did not create it. It confirmed it.

The Two Locks

The first lock is a treaty gap. UNCLOS is the United Nations Convention on the Law of the Sea. The treaty guarantees transit passage through international straits. Iran signed it. Iran never ratified it. That means Iran is not bound by it.

As of April 3, no international tribunal had claimed jurisdiction over the toll. Not the International Court of Justice. Not the International Tribunal for the Law of the Sea. Not the IMO.

The second lock closed on April 7. The UN Security Council voted on a resolution to enforce free passage. Eleven countries voted yes. Russia and China vetoed it.

Observation: Iran is not a party to UNCLOS. The enforcement resolution was vetoed on April 7 with eleven votes in favor.
Interpretation: Treaty law has no jurisdiction. The Security Council has no consensus. Both paths to stopping the toll are structurally blocked.

The Sanctions Trap

The third lock comes from Washington.

On April 28, OFAC issued FAQ 1249. OFAC is the Office of Foreign Assets Control, the Treasury arm that enforces US sanctions. FAQ 1249 confirmed that paying Iran's government or the IRGC for Hormuz passage violates US sanctions. The IRGC is Iran's Islamic Revolutionary Guard Corps. The rule applies to US persons, US banks, and any foreign entity under US control. Non-US persons face exposure too.

A company that pays the toll risks a sanctions violation. A company that refuses risks its cargo and its vessel. Both doors are closed.

The trap tightens on August 18. That is when a 60-day insurance window under the PGSA expires. After that date, the only insurance the PGSA will accept is insurance approved by the PGSA. The PGSA is a sanctioned entity. Western-insured ships may not be able to transit Hormuz without creating sanctions exposure somewhere in the chain.

August 18 is when all three locks snap shut at once.

Observation: OFAC FAQ 1249 makes toll payments a sanctions violation. The PGSA insurance window expires around August 18.
Interpretation: After that date, ships cannot challenge the toll in court, cannot force the UN to stop it, and cannot pay it without violating US law.

The Template Moves

Eight shipping associations warned the UN in an open letter on August 3. Their message: once a chokepoint toll takes hold, others will follow. The precedent is already moving.

In April, Indonesia's finance minister Purbaya Yudhi Sadewa floated the idea of tolling the Strait of Malacca. The Malacca Strait handles roughly a quarter of global shipping.

Singapore pushed back fast. Foreign Minister Vivian Balakrishnan called transit passage "not a privilege to be granted by the bordering state" and "not a toll to be paid." Malaysia reaffirmed free passage the same week. They responded that way because they see the template forming.

The template is old. Denmark collected tolls on the Sound, the strait between Denmark and Sweden, from 1429 to 1857. The toll started as a flat fee. By 1567 it was 1 to 2% of cargo value. It ended only when an international conference paid Denmark the equivalent of 12 years' revenue to stop collecting.

Once a chokepoint toll takes hold, history says it persists for generations.

Observation: Indonesia floated a Malacca toll in April. Singapore and Malaysia opposed it immediately.
Interpretation: The Hormuz mechanism is a template. Other nations with chokepoint geography are already testing whether it transfers.

Quick Hits

  • A committee of Iran's parliament approved the general outlines of a Hormuz toll of up to 7% of cargo value on August 9. Zero opposing votes.

  • The PGSA has collected roughly $2 million per crossing since May 18.

  • Iran signed UNCLOS but never ratified it. No tribunal has claimed jurisdiction over the toll.

  • Russia and China vetoed the Security Council enforcement resolution on April 7. Eleven countries voted in favor.

  • OFAC FAQ 1249, issued April 28, confirmed that toll payments are a sanctions violation.

  • The PGSA insurance window expires around August 18, the date all three structural locks engage together.

  • Indonesia's finance minister floated a Malacca Strait toll in April. Singapore and Malaysia pushed back immediately.

What the Three Locks Mean for Shipping

These forces did not appear on August 9. The treaty gap is decades old. The veto came in April. The sanctions guidance followed weeks later. The committee vote just made the structure visible.

August 18 is the date worth watching. That is when the insurance mandate takes full effect. After that, a Western-insured vessel may face sanctions exposure at every point in the chain. The shipper. The insurer. The cargo owner.

The question is not whether the toll is legal. The institutions that would rule on legality have no jurisdiction or no enforcement power. The question is whether any of the three locks opens before August 18. That means Iran ratifying UNCLOS, Russia or China reversing course, or OFAC issuing a sanctions carve-out. Each is observable. None requires guesswork.

Eight groups wrote the UN. The IMO called the toll illegal. The toll moved forward anyway. It moved forward because the structure was already in place before anyone voted.

The Map So Far

A treaty gap, a Security Council veto, and a sanctions regime have created a legal vacuum around the Strait of Hormuz. The toll is operational. The date that locks all three together is August 18.

Until next time,
The Navigator

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