Supply Chain Compliance: OFAC Transforms Iranian Tolls into a Critical Sanctions Trap
Long considered primarily a logistical and geopolitical issue, transit through the Strait of Hormuz now poses a major regulatory risk for companies operating internationally.
The recent decision by the Office of Foreign Assets Control (OFAC) to strengthen its sanctions regime targeting entities involved in the management of the strait requires shipowners, shippers, and exporters to exercise heightened vigilance throughout their entire transportation chain.
A simple indirect payment made in connection with maritime transit could now expose companies to sanctions, even when they are unaware of the actual origin of the expenses incurred.
A New Threat: The Risk of Collateral Sanctions
This development stems from the OFAC’s decision to add the Persian Gulf Strait Authority (PGSA) to the list of entities designated as global terrorist entities (SDGT).
This authority, established by Iran to collect fees related to the passage of commercial vessels in the region, is considered by U.S. authorities to be linked to the Islamic Revolutionary Guard Corps.
This designation profoundly alters the risk assessment for players in the maritime transport sector.
Transit fees, port taxes, or administrative charges—which are typically considered standard operating costs—may now constitute an indirect means of financing a sanctioned entity.
Greater Responsibility for Businesses
One of the main changes is the application of the principle of strict liability.
Unlike other offenses that require proof of intent or prior knowledge, certain violations of U.S. sanctions can result in consequences even when the company was unaware of the payment made.
Thus, an exporter or shipper could be at risk if a portion of the ocean freight charges is indirectly paid to a sanctioned entity through a shipping line, freight forwarder, or logistics provider.
The risk therefore no longer rests solely on a company’s direct actions, but also on the actors within its supply chain.
What measures should be put in place to limit the risk?
In light of these regulatory changes, companies must strengthen their due diligence processes and incorporate the risk of maritime sanctions into their overall compliance program.
Several measures can be implemented:
- Systematically verify the stakeholders involved in transportation operations;
- Strengthen the screening of shipowners, freight forwarders, and logistics intermediaries;
- Include specific contractual clauses requiring carriers to guarantee compliance with sanctions regulations;
- Require written certification confirming that no payments have been made to sanctioned entities;
- Identify and monitor additional fees that may conceal prohibited payments.
Screening is becoming a key component of maritime compliance
In an increasingly complex regulatory environment, third-party screening can no longer be limited to direct customers and suppliers.
Companies must be able to analyze their entire ecosystem: carriers, intermediaries, business partners, and other parties involved in their international supply chains.
An automated solution helps ensure the reliability of these checks, reduces the risk of human error, and provides complete traceability in the event of an audit.
