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A single clause in the Memorandum of Understanding (MOU) signed between the United States and Iran has become a flashpoint threatening the Strait of Hormuz, the Wall Street Journal (WSJ) reported on the 9th (local time).
The core of the conflict lies in Article 5 of the MOU.
This clause stipulates that Iran will take necessary measures to resume transit through the Strait of Hormuz, which was blockaded during the war.
It also includes a commitment from Iran to ensure safe navigation and to make efforts to remove military obstacles, such as sea mines.
The U.S. interprets this clause as the basis for guaranteeing safe passage through the Strait of Hormuz.
However, Iran offers a contrasting interpretation.
They argue that Article 5 recognizes Iran’s exclusive right to control the Strait of Hormuz.
In fact, Article 5 includes a provision stating that Iran will consult with Oman and neighboring countries on future management plans for the strait.
This phrasing was reportedly strongly demanded by the Islamic Revolutionary Guard Corps (IRGC).
According to officials who mediated the negotiations between the U.S. and Iran, both sides accepted ambiguous language at the time to reach an agreement.
Since the signing of the agreement, however, the IRGC has maintained a hardline interpretation that Iran effectively controls the Strait of Hormuz.
The IRGC is now demanding that vessels passing through its waters report their cargo and size and obtain transit authorization, while also threatening to impose transit fees.
The Iranian government has even launched the Persian Gulf Strait Authority (PGSA) for the purpose of collecting transit fees in the Strait of Hormuz.
In particular, Iran insists that merchant ships must use only designated routes along its coast, and has gone as far as conducting drone and missile attacks on merchant vessels using other routes.
They maintain that they cannot recognize any maritime routes that fall outside their control.
Footage of retaliatory airstrikes on Iran released by the U.S. military [Reuters=Yonhap News file photo / Provided by U.S. Central Command].
The U.S. stance is that it cannot accept Iran’s claim of control over the Strait of Hormuz, which is an international waterway.
This is precisely why U.S. President Donald Trump has adopted a hardline response, including the revocation of Iran's oil export licenses and ordering airstrikes on Iranian targets in and around the Strait of Hormuz.
A U.S. government official stated, "The two countries are interpreting Article 5 of the MOU in entirely different ways."
Experts believe it is highly likely that the divergence in interpretation exposed by the Strait of Hormuz issue will recur in future negotiations regarding Iran's nuclear program.
Raz Zimmt, an Iran expert at the Institute for National Security Studies (INSS) in Israel, predicted, "The lack of trust and the ambiguous language of the agreement have led to the current clash," adding, "If more sensitive issues like the nuclear program are discussed, the conflict could escalate even further."
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