Standard Club informs that it has seen an increase in ‘excess bunker’ claims in Turkey in recent months, causing delays to ships as well as the possibility of fines and criminal proceedings.
According to the Turkish Customs Regulations, seagoing vessels entering Turkish ports must report the quantity of bunkers on board the vessel to the customs administration.
If there is a difference between the declared figures and the quantity calculated by the local authorities, the customs authorities may impose customs fines on the owners and crew, or even initiate criminal proceedings.
The difference in the quantity may be detected by routine controls of custom authorities, who may then carry out an onboard inspection.
The consequences would be the following:
#1 Customs Fines
Customs fines for excess bunkers are divided into two categories and customs authorities can apply one of the following:
- Fine for irregularities: This is deemed appropriate for what they consider to be a simple error in declaration that cannot be interpreted as a fundamental declaration error.
- Fine for tax losses: This relates to the tax losses caused by undeclared excess bunkers. The value of the fines are calculated based on the quantity of excess bunkers, which may result in higher fines than those imposed for irregularities.
Shipowners may benefit from a deduction of a quarter of the total amount of the fine if the payment in respect of a fine for irregularities is made within one month and in respect of a fine for tax losses within 15 days following the service of written notification.
Alternatively, owners have the right to object and appeal the decision within 15 days from the notification of the fine.
If the initial appeal is rejected, further appeal may be available. The ship may be allowed to depart in the meantime if acceptable security is posted (see below).
#2 Criminal Proceedings
The Public Prosecutor may initiate criminal proceedings against the crew and/or confiscate the vessel if there is suspicion of smuggling as a result of a discrepancy in the bunker figures. They will likely also order the seizure of the excess bunkers.
If the Public Prosecutor’s office is involved, officials would proceed to take statements from the crew.
In the best case scenario, the crew and the vessel would be free to sail after the statements are collated. Although less likely, it is also possible that the vessel could be arrested and a bank guarantee or cash may need to be provided to allow the vessel to sail.
The value of the bank guarantee could be up to the value of the vessel, as determined by the court-appointed experts. If a criminal case is not commenced, the bank guarantee or cash would be returned. If, however, criminal proceedings are concluded against the member, the vessel may be sold by state auction.
Particular attention should be paid by the vessel and the crew when declaring the quantity of bunkers generally, and particularly in Turkiye. The quantity of bunkers on the vessel must be correctly declared and in accordance with the vessel’s records
says Standard Club.
For this reason, the crew should regularly monitor whether the fuel tank indicators are working correctly, and should not feel under pressure to provide the calculation until they are certain of the figures.
