Turkey: Update on enforcement of misdeclaration of bunkers on board

Maritime insurer Japan P&I Club on Monday (23 December) reported Istanbul-based maritime consulting firm Kalimbassieris Maritme A.S (KM) alerting vessels calling at any port in Turkey should ensure that accurate declarations are made regarding the quantity of bunker oil.

The update from KM highlighted an increasing trend of Turkish Customs recently increasing unexpected inspections onboard vessels calling Turkish ports. The authorities were checking the quantities of bunkers onboard, in comparison with the declared ones by the ships’ command at the arrival at the port.

An excerpt from the document is as follows:

Once a bunker discrepancy is established by Customs, for the vessel to be permitted to sail, Authorities will order the confiscation of the excess quantity of the bunkers by physical removal from the vessel’s tanks. Upon service of the confiscation order issued by judicial authorities to the Master and/or agents the physical removal of excess bunkers from vessel’s tanks will be undertaken by the Authorities. 

Considering the complexities of a physical removal of bunkers from the vessel in terms of delays/costs/operation, payment of excess bunkers’ value to the Treasury is the common and preferred method for both vessel’s interests and the authorities. The amount paid to the Treasury serves as ‘collateral’, so that the vessel may be allowed to sail by the Authorities. In most cases, the Authorities initially proceed with obtaining a confiscation order from the relevant criminal court, and upon submission of lawyers’ pleading concerning deposition of collateral instead of confiscation, payment from vessel’s interests is accepted. In practice, the Customs office issues a writ indicating the required fine/security amount to be paid to the designated account upon which payment can be made in order to release the vessel. 

Editor’s note: The 3-page document covering practical implications, legal aspects and considerations can be obtained in its entirety from the link here.

Related: Turkey: Spike in customs officials scrutinising bunker quantities on board
Related: Gard: Turkey – a case of undeclared bunker fuel

Source: Japan P&I Club
Photo credit: Meriç Dağlı on Unsplash
Published: 24 December 2024