Rubio: International Law Bars Iran From Charging Strait of Hormuz Tolls

The Secretary of State's public statement signals the administration's legal posture on freedom of navigation in a waterway through which roughly 20 percent of global oil trade passes, with direct...

Secretary of State Marco Rubio stated on Tuesday, June 22, 2026, that Iran does not have the legal authority to impose tolls or fees on vessels transiting the Strait of Hormuz, citing existing international law as the basis for that position. "It's an international waterway. No country is allowed to charge tolls or fees on an international waterway. That's existing law," Rubio said in response to a reporter's question about U.S. ability to secure freedom of navigation through the strait, according to a Washington Examiner report published June 22, 2026.

The Strait of Hormuz connects the Persian Gulf to the Gulf of Oman and is governed by the United Nations Convention on the Law of the Sea (UNCLOS), which codifies the right of transit passage through international straits used for navigation. The United States, while not a formal signatory to UNCLOS, has long maintained that its transit passage provisions reflect customary international law binding on all states. Iran has periodically asserted expanded jurisdictional claims over the strait, most recently in the context of broader tensions over its nuclear program and regional military posture.

Rubio's remarks were made in his capacity as the nation's chief diplomat and represent an on-the-record statement of administration policy. No formal diplomatic note, executive order, or congressional authorization was cited in connection with the statement as reported. The legal framework Rubio referenced — UNCLOS Article 38 on transit passage — is part of a treaty to which Iran is also not a party, though the customary international law status of those provisions is widely recognized by legal scholars and state practice.

The economic stakes of Hormuz transit are significant. According to the U.S. Energy Information Administration's most recent available data, approximately 20 to 21 million barrels of oil per day — roughly 20 percent of global petroleum liquids consumption — moved through the strait in 2023. Any disruption or imposition of transit fees would affect global energy markets and U.S. energy security calculations.

What remains unknown is whether the State Department has transmitted any formal diplomatic communication to Tehran regarding this position, or whether the administration has coordinated with allied governments on a joint legal or operational response. A State Department cable or formal diplomatic note, which would typically be subject to eventual public disclosure under the Foreign Relations of the United States series, would answer whether this statement reflects a broader multilateral posture or a unilateral declaration. Congressional testimony by Rubio before the Senate Foreign Relations Committee, whose public record is maintained at congress.gov, could also provide additional context on the administration's enforcement intentions.