Details of the Review Process for the 16-Article Plan to Organize the Strait of Hormuz in Parliament

The following report looks at the review process of the Strait of Hormuz strategic action plan in Parliament.

According to Ambassador Arjan, "Strategic action plan for security and sustainable development of the Strait of Hormuz and the Persian Gulf" is one of the plans that was formed after the third imposed war in the parliament and following a series of suggestions and plans of the members of the parliament about how to apply management, governance, security and organizing traffic in the Strait of Hormuz.

After the Third Imposed War, several different plans and proposals regarding governance and management of the Strait of Hormuz were discussed in the parliament. In a meeting that was held in April 1405 with the presence of Ali Nikzad, the vice-chairman of the parliament, project designers, research center experts and the legal deputy of the parliament, the legal, security, economic and environmental aspects of the issue were examined and it was decided to summarize the various plans in the form of a more comprehensive plan.

In this regard, several proposals were presented by the National Security Commission, the Civil Engineering Commission, the Internal Affairs Commission and a number of representatives, and then efforts were made to integrate these proposals with the views of the Ministry of Foreign Affairs and other institutions. Finally, the investigation of the issue was entrusted to the National Security and Foreign Policy Commission.

When was the plan officially presented in the parliament?

This plan with the full title "Strategic Action Plan for Ensuring the Security and Sustainable Development of the Strait of Hormuz and the Persian Gulf" was announced in the public session of the Parliament on the evening of Monday, July 22, 1405.

Samia Rafiei, a member of the presiding committee of the parliament, read the announcement of the receipt of this plan in the public meeting on July 22. This meeting was the first public meeting of the parliament after a five-month hiatus in holding public meetings, and according to the regulation, the project was referred to the National Security and Foreign Policy Commission for consideration.

When did the plan reach the National Security and Foreign Policy Commission?

Therefore, according to the report, the National Security and Foreign Policy Commission was appointed as the main commission investigating the plan. At the same time, the plan was also referred to civil and internal affairs commissions and councils for expert review.

In August, the main meeting of the National Security and Foreign Policy Commission was held to review the plan. In this meeting, the views of the representatives of various institutions and the oral and written opinions of the relevant institutions were reviewed and finally the plan was approved without any dissenting votes.

Why did the number of design materials go from 14 to 16?

In the early days of detailed review, the plan was introduced as a plan with an introduction and 14 articles. For example, it was reported that the master plan has 14 articles and specialized commissions are reviewing its articles.

However, in the continuation of the investigation and after making amendments and additions, the structure of the plan was changed and finally the National Security Commission announced the approval of Article 16 as the last article of the plan on Mehr 5, 1405. Therefore, the version that was reviewed by the National Security Commission had 16 articles.

Item-by-item review of the plan in the National Security Commission

Article 1 - Establishing a mechanism for managing and monitoring the movement of vessels

The main core of the first article is to create a legal mechanism to manage the traffic of vessels in the Strait of Hormuz, and the axes of this article include things such as guiding and guiding navigation, monitoring the entry and exit of vessels, controlling and monitoring marine traffic, providing safety and environmental services, determining the necessary criteria for the passage of vessels and the role of the armed forces in ensuring the security of the strait.

In practice, Article 1 can be considered as the basis for creating an Iranian management system for maritime traffic in the strait; That is, the issue goes beyond "military defense" and includes areas such as navigation, safety, environment and maritime services.

Article 2 - Development of maritime infrastructure and services

The second axis of the plan is the infrastructure needed to manage and provide services to transiting vessels, which includes the development of port and marine infrastructure and the creation of required systems among the duties that are foreseen for the government and relevant institutions, which the government must provide the necessary infrastructure within the framework of the duties of the Ports and Maritime Organization.

Therefore, the philosophy of Article 2 is not only military; Its purpose is to create a service-economic infrastructure around the strait so that Iran can directly provide part of the services needed by passing ships.

Article 3 - Receiving fees for the services provided

This article is one of the most important economic parts of the plan, which according to the official explanation of Hassan Qashqawi, the spokesman of the National Security Commission, article 3 stipulates that the ships of the countries allowed to pass will be charged for the services provided. These services include things such as navigation services, environmental services, refueling in special conditions, insurance services, safety services and other related services.

The noteworthy point is that according to Qashqawi's explanation, the payment can be made in Rials or other currency that the Islamic Republic of Iran determines.

Regarding the economic importance of Article 3, it should be said that, in fact, the plan tries to change Iran's relationship with ship traffic from a purely security relationship to a security-service-economic relationship; That is, if Iran provides a specific service, it is expected to receive a fee for it within the framework of the law.

Article 4 - Tariff determination mechanism

Article 4 should be seen alongside Article 3 because Article 3 states the principle of fee collection, while Article 4 is related to the way tariffs are determined and its implementation mechanism.

Determining service and insurance tariffs and drafting executive regulations for them have been taken into consideration, therefore, the general structure of these two articles is that according to Article 3, what services are provided and charged for, and Article 4 is about the tariff and the mechanism for determining and implementing these costs.

Article 5 - Insurance and financial guarantee of vessels

During the review of this article, the issue of insurance for transit vessels was specifically raised in the National Security Commission, and then Note 2 of Article 5 was also approved, which, according to the commission's spokesperson, is related to the requirement to obtain a bank guarantee and insurance against possible traffic risks.

This article is about the fact that the passage of a ship does not end only by paying for the service; Rather, there should be financial and insurance support for possible damages and risks caused by traffic. This can cover issues such as damage to infrastructure, marine accidents and environmental damage, financial obligations arising from infringement, and other traffic-related risks.

Article 6 - Regulation and determination of service and insurance tariffs

According to Article 6, the necessary mechanism and executive regulations for determining service tariffs and insurance tariffs are determined. Therefore, Article 6 is a direct complement to Articles 3 and 5, because Article 3 determines the receipt of fees for services, and Article 5 specifies insurance requirements and financial guarantees, and Article 6 determines the enforcement mechanism and tariffs related to these services and insurance.

This structure shows that the plan does not merely seek to establish a "right of way", but rather to design a service and financial framework for managing maritime traffic.

One of the most important economic-legal rulings of the plan was placed in Article 7, in which it was stipulated that the countries, organizations and natural and legal persons who caused damage to the Islamic Republic of Iran during the war should reach an agreement with the government of the Islamic Republic of Iran on how to pay compensation. As a result, crossing the strait for the subjects of this article is tied to the issue of compensation.

Article 8 - "Strengthening the solidarity of the countries of the Persian Gulf and promoting regional peace and sustainable development"

According to this article, the Ministry of Economy is obliged to establish the Reconstruction and Development Fund of the Persian Gulf in cooperation with the Ministry of Foreign Affairs. The resources of this fund will be provided from the war reparations paid to Iran and other member countries and the investment of other countries and - the resources of the fund will be used for the reconstruction and development of Iran and the member countries.

Article 9 - Prohibition of the passage of sanctioners and hostile actions

Hassan Qashqawi, the spokesman of the National Security Commission, said about this article that according to this resolution, any country or natural or legal person that imposes unilateral sanctions against the Islamic Republic of Iran or conducts hostile actions will be subject to the ban on crossing the Strait of Hormuz.

In this framework, a specific mechanism has been considered to detect hostile actions as well as to identify countries, institutions, companies and institutions that have sanctioned Iran or blocked Iranian assets.

Article 10 - Control of communication infrastructure and information technology

According to this article, the construction, operation and development of communication networks and information technology infrastructure, including optical fiber, in the Strait of Hormuz will be subject to the approval of the competent authorities of the Islamic Republic of Iran.