Maritime protection and indemnity (P&I) club Gard recently published an alert on ship operators continue to be fined for alleged inaccuracies when filing customs declarations at Argentine ports and provides guidance on how to avoid such fines when calling at the ports:

Ship operators continue to be fined for alleged inaccuracies when filing customs declarations at Argentine ports. The accuracy of the figures declared is crucial as reported overage, or duplication of items, could be just as expensive as a “shortage”.

Situation update

For more than a decade there has been a persistent issue of ships incurring fines at Argentina’s ports. The Argentine Customs Authorities are known for paying close attention to the details in each ship’s custom declarations and stores lists – and for imposing strict penalties for any discrepancies identified, as permitted under its Customs Code. In July 2023, our correspondent Sigvart G.J. Simonsen & Cia. S.R.L reported that claims related to custom fines were on the rise in Argentina. And now, in December 2024, the situation remains unchanged. The correspondent reports that these claims are still relatively common in Argentina and reminds ships’ Masters and Officers to be particularly attentive when completing the relevant Customs store lists and declaration forms.

Argentine regulations

On 10 October 2018, Argentina’s Customs Authorities issued General Resolution 4317 in an effort to improve uniformity in the application of customs regulations in the country. The Resolution approved the following set of forms to be used by vessels declaring any stores on board upon arrival at an Argentine port:

• OM 1645 – Ship’s store declaration 
• OM 1646 – Deck store list
• OM 1647 – Engine room store list
• OM 1648 – Crew effect declaration

Although these forms provide some uniformity, there are items in the lists which may still be unclear. One example is in form OM 1645 (Ship’s store declaration), where the form refers to “Lube oil”. However, it does not clarify if quantities of lube oil in the sump tank should be declared or not or if the volume of lube oil should be measured with the engines running or not.

Guidance for Masters

Ship operators must continue to remind their Masters of ships calling Argentinean ports to be particularly vigilant and attentive when filling in the customs declaration and ship’s stores list, also when using the forms from 2018. We also recommend that the Master contact the ship’s local agent well before arrival to ascertain the customs and immigration regulations in force in Argentina at that given time and the documentation required.

The “Guidance for Masters – Key Points when Declaring Store Lists Before the Argentinian Customs House” by Simonsen provides a summary of its recommendations on how to avoid fines when calling at Argentine ports. The guidance provides helpful advice based on the correspondent’s extensive case experience and we recommend that ship operators forward a copy of this to all ships likely to call at Argentine ports. Furthermore, while the guidance stresses the importance of declaring accurate figures for all consumables onboard, including avoiding duplication of items, it advises Masters and officers to be particularly attentive when declaring goods such as:

• paints, thinners, and other chemicals
• bunkers and other “oils” such as lube oil and hydraulic oil electronic appliances, including crews’ personal effects
• cigarettes and alcohol
• spare parts, including engine and deck inventories 

In case of any doubt, e.g. if requested to sign an unfamiliar document or language and cultural differences make communication difficult, ask for the agent’s and/or the P&I correspondent’s assistance.

Furthermore, if Masters should encounter irregularities in the form of customs officers soliciting bribes to overlook discrepancies, we strongly recommend reporting this via the Maritime Anti-Corruption Network’s (MACN) anonymous incident reporting system.

Photo credit: Gustavo Sánchez on Unsplash
Published: 6 January, 2025