Oman resists US pressure to break ties with Iran over strait of Hormuz - The Guardian
Oman is resisting US pressure to break its links with Iran, and insists it has only been negotiating with Tehran on a future management system for the strait of Hormuz that would be compliant with international law. The aim would be to implement any regime after consulting the UN’s International Maritime Organization (IMO). Traditionally Oman, a longtime US ally that shares stewardship of the strait, has adopted the role of a back-channel mediator allowing it to remain neutral in disputes that have led to fissures in other parts of the Gulf. Its neutrality has limits. It is highly critical of Israel’s disdain for international law, and on Wednesday issued a statement condemning the Iranian attacks on Bahrain and Kuwait. But Donald Trump last week, in off-the-cuff remarks, threw Oman into the spotlight by threatening to bomb the sultanate, and in giving evidence to the Senate foreign affairs committee on Tuesday the US secretary of state, Marco Rubio, confirmed US suspicions about Oman. He said: “There isn’t a country on Earth other than Iran – and maybe Oman that flirted with it – who’s in favour of what Iran is doing in the straits.” Oman has tried to avoid becoming involved in an official slanging match with Trump. But in calls with the US Treasury secretary, Scott Bessent, and meetings inside the state department, Oman’s Washington ambassador Talal bin Suleiman al-Rahbi last week tried to assure the US that the sultanate is opposed to a system of tolls, and will uphold the principle of freedom of navigation. Iran has said that as part of any agreement to reopen the strait of Hormuz it is willing within a month to ensure the passage of shipping returns to prewar levels. But it has also set up a body, the Persian Gulf Strait Authority, now sanctioned by the US Treasury, to which ships must seek permission to go through the strait. In a bid to make its plan compliant with international law, and more palatable to Oman, Iran is proposing a non-discriminatory fee for ships passing through. Arman Khorsand, head of Iran’s Department of Environment Center for International Affairs and Environmental Conventions, said this week: “The issue is not charging vessels simply because they pass through the strait. The objective is to secure resources needed to address environmental damage and compensate for the consequences of actions that have undermined the principle of innocent passage. “US military operations conducted in the region have not only generated security and humanitarian consequences, but have also inflicted significant environmental costs.” Under widely recognised principles of international law, he said those responsible for causing damage “should bear the costs of remediation”. Other Iranian commentators, such as Saeed Laylaz, have urged the government to be very cautious about earning direct income from the strait, saying it could lead to the formation of joint coalitions against Iran, and more prosperity will come from making it a zone of peace. Ali Nikzad, Iran’s deputy speaker of parliament, said efforts were under way to merge three different draft laws to set out definitively how the government maritime regime would operate in the strait, including whether it is temporary. But the IMO secretary general Arsenio Dominguez on 27 April told the UN security council: “There is no legal basis for any country to introduce payments or impose tolls, fees, or any discriminatory conditions on international straits.” However, some Omani politicians have shown some sympathy for charging for specific and genuine services. Mohammed Suleiman Tamim al-Hinai, a member of the sultanate’s Shura council said Oman has consistently upheld the principle of freedom of navigation in the Strait of Hormuz under international maritime law. He said: “Oman’s minister of transport previously stated in the Shura council, and the Omani foreign minister also confirmed, that Oman respects international maritime law and upholds freedom of navigation. Therefore, Oman does not impose transit fees on the strait, but instead provides other maritime services such as protection, rescue and navigation support.” The US remains suspicious that Oman is privately making plans for a system of fees that would be indistinguishable from tolls. Oman has been assisting ships, including US vessels, since the war began, providing navigation guidance, search and rescue operations and medical assistance to crews. The PGSA by contrast is trying to show that the new regime is an accepted institution with which firms are compliant. It published figures showing more than 300 shipping companies had applied for permits. The main destination of departing vessels was Asian countries, especially China and India, and the main destination of incoming vessels was the United Arab Emirates. The US attacks on Iranian radar are designed to deprive Iran of the surveillance tools it needs to institutionalise its policing of the strait. The US Treasury said on 29 May that regardless of whether a payment is made, US citizens are prohibited from receiving services from the government of Iran, “including services related to a guarantee of safe passage”. Under the UN convention on the law of the sea, coastal states may regulate passage in their territorial waters for reasons related to safety, environmental protection and maritime order. They may also impose charges for specific services rendered to passing vessels, provided such charges are applied transparently and without discrimination. US suspicions about Oman date back to when its foreign minister Badr al-Busaidi appeared on US television just before the launch of the Israeli-US war to plead for more time for the talks. Oman had been mediating in the talks, and he said an agreement was within reach.