The Club has observed an increasing risk of vessel detention by Turkish customs for missing or excess declarations of bunker. Based on recent experiences, once discrepancies are found between the declared bunker and bunker found on board, Custom Directorate will commence an investigation and impose penalty which may include detention, fines, confiscation of excess oil and criminal charges upon the master.

A case of undeclared bunker

A ship was recently held in a Turkish port when customs officials identified a discrepancy between the declared and the actual figures of fuel oil remaining onboard. Upon arrival at the Turkish port, customs officials boarded the ship to search for illegal and prohibited goods and took soundings of the fuel oil tanks to check the accuracy of the declared fuel oil figures. An independent bunker survey was arranged, and subsequent calculations revealed that the ship carry an excess of approximately 85 tonnes against the declared quantity of fuel oil. The Turkish authorities then issued a confiscation order and demanded the ship discharge the excess fuel oil. In addition, the Master has been brought onshore to provide a statement.

Ships are not allowed to leave the port while undeclared bunker is being discharged, which would naturally lead to a delay on schedule of vessel. This might take one or two days, or even three days, and it is known in practice that there is a delay due to providing of shore tanks and barges, all meaning potential risks of commercial loss or breach of contract. In addition to that, it is better to remind that undeclared bunker cannot be left in the vessel by security amount.

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.

Customs Directorate Article 481

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.

Customs Directorate Article 9

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.

Anti-Smuggling Code, numbered 5607, Article 3

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. Master and Chief Officer are, therefore, likely to be prosecuted for bunker smuggling.

Advice to Members

It’s not uncommon in practice that the amount of fuel stored on board based on calculation of daily consumption may deviated from the actual sounding value, considering the influence of severe weather condition at sea and the operating condition of engine. It has not been a problem in most port inspections, but based on the information we have, there are reasons to believe that Turkish Custom Directorate will continue to take strict measures on ships and their bunker declaration. Entered ships visiting Turkish ports are therefore advised to be fully prepared.

      1.      Several days prior to arrival at the port when the sea condition is good or when mooring at anchorage, sound each tanker with caution to make ensure of a continuous and reasonable record of consumption;

2.      Sounding should be conducted in settling tanks, service tanks and all other tanks for temporary storage of fuel;

3.      After arrival at the port, the chief engineer should arrange another bunker sounding to make sure of consistency between the amount that will be later declared and that has been recorded on ship document;

4.      Identify the specific person responsible for certain items and be cautious with both personal declaration and ship’s declaration;

5.      The master should carefully review the declaration form to be submitted and information such as ship’s name, date, port of call and list of items. Signature and stamps should be placed on each page if possible.

For more information, please contact your manager at the Club.