Argentine Customs continue to pay particular attention to ship’s declarations of lubrication (lube) oil and failing to declare “used lube oil” may be considered an infringement of the Argentine Customs Code.
Gard P&I Club ‘s Alert of March 2014 stated that fines were being issued as a result of vessels’ lube oil in the sump tank not being correctly declared in the required customs forms. The Club has recently received information indicating that failing to declare quantities of “used lube oil” stored onboard could also be considered an infringement of the Argentine Customs Code and result in fines.
According to information received from Pandi Liquidadores S.R.L., Buenos Aires, which included advice received from local Argentine legal experts on customs matters:
1) the legal basis for declaring the stores is to avoid import of goods without the payment of dues; and
2) Argentine law does not explicitly require declaration of used goods, including “used lube oil”.
On this basis, and taking into account that “used lube oil” has no commercial value and has to be disposed of in an environmentally safe manner, their interpretation of Argentine law is that vessels are not obliged to declare “used lube oil”.
Nevertheless, vessels calling at Argentine ports are advised to declare also “used lube oil” in the stores list to avoid problems with Argentine Customs.
Operators should remind their Masters of ships calling Argentine ports to be particularly vigilant and attentive when filling in the customs declaration and ship’s stores list. Even lube oil considered to be “in use”, e.g. in the engines, hydraulic system pressure tank for windlass and winches, stern tube, etc. needs to be declared in the stores list.
However, as such measurements could depend on whether the equipment is in service or not, we recommend to state in the store list whether the measurement was carried out with the equipment in operation or stopped. The accuracy of all numbers is crucial.
Source: The Gard P&I Club
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