The vessels visiting Turkish Ports, according to Customs Directive, items as such bunker, oil, cigarettes, alcohols in the vessel have to be declared to Customs Directorate. Based on our experiences we have had recently, when the missing or the excess declarations are determined, according to the relevant directive, Customs Directorate commence an investigation and impose penalty.
The amount of bunker is determined according to Customs Directorate Article 481: Because the bunker which the vessels to be into inland transportation obtain from abroad ports is shown on the logbook and the bunker record book, if there is a difference determined between the bunker supplied according to logbook and the bunker spent according to logbook and bunker record book the tax is calculated based on that amount. According to Customs Directorate Article 9, Sub-article 2, personal belongings, goods, cargos and all spaces of the vessel and cargo/ballast/bunker tanks can be searched for a check by Customs Officers to verify the declaration.
As a result of the relevant search, the determined smuggled goods are seized immediately. Specially, if the bunker is determined as more than declared in the result of measurement and inspection the undeclared bunker is discharged from vessel and sent to disposal. Besides, Master and Chief Officer are started to be prosecuted for bunker smuggling. According to Anti-Smuggling Code, numbered 5607, Article 3, Sub-article 1: The person who smuggles goods into country without customs clearance is imprisoned for a time from one year to five years and judicial fine for a time to ten thousand days. In case the goods are smuggled into country somewhere rather than Customs Gate the penalty is increased as from one third to half.
The vessel cannot be allowed to depart during discharge of the undeclared bunker. This procedure, providing of land tankers and discharge of the bunker, causes a delay on schedule of vessel. This might take one or two days, or even three days. In practice, it is known that there is a delay due to providing of shore tanks and barges. In addition to that, it is better to remind that undeclared bunker cannot be left in the vessel by security amount. The Correct measurement of the bunker and the correct declaration of bunker to Customs Directorate shall prevent ship-owners, ship managers from commercial losses due to delay.
Source: Capt. Deha AYDIN Marine Claims Executive Esenyel Partners , Lawyers & Consultants