土耳其---燃油数量不实申报将使船员面临走私指控

土耳其海关官员可将未申报/超量燃油视为犯罪,使得船上船员面临走私指控。



近日,某会员船舶在土耳其港口被扣留,因为海关官员认定船舶燃油申报数量与船上实际油量有出入。


海关人员在船舶抵达土耳其港口后马上登轮搜查非法和违禁货物,因为船上燃油也在搜查范围内,海关人员对油舱进行量油,以核实燃油申报数据的准确性。


由于量油结果显示船舶油舱内可能存在超量(未申报)燃油,因此当局安排了一次独立量油检验。


随后的量油检验结果显示,该船实际装载的燃油量较申报数量多了85吨。


截至本文发稿,土耳其当局已发出没收令,要求该船卸下超量燃油。


此外,船长还被带到岸上提供了一份声明。


根据土耳其《反走私法》第5607条,如果燃油申报量与量油检验结果之间存在差异,那么土耳其当局可将这种行为视做石油产品走私。


而这可能使得船长以及其他船员面临刑事诉讼。


建议


虽然上述案件尚未解决,但据报道,此类事件并不罕见。


据协会在土耳其当地通代报告,近几个月来,海关突击检查,包括对船上剩余燃油进行详细检查,的频率有所增加。


因此,建议停靠土耳其港口的船舶船长在填写海关申报单时应特别警惕和小心。


具体来讲,在向土耳其海关申报之前,必须对船上剩余的燃油进行仔细计算和测量。


同样重要的是,应使所有相关船员认识到,在土耳其港口的燃油不实时申报将是一个非常严重的问题,如果申报数量与量油检验结果不符,那么可能给船员带来严重后果。


如会员需进一步资料或建议,请参阅协会土耳其通代所提供的下列资料:


http://www.gard.no/Content/29992219/Vitsan_Declaration%20of%20bunker%20figures%20on%20board%20the%20vessels%20in%20Tukish%20ports.pdf

http://www.gard.no/Content/29992218/Kalimbassieris_Turkey-enforcement%20for%20excess%20bunker%20quantities.pdf


协会感谢协会通代Vitsan Mümessillik ve Musavirlik A.S.提供本通函。


通函内容,请以英文原文为准,汉语翻译仅供参考。如您对上述内容有任何疑问,新乔十分乐意为您解答并提供帮助。


Turkey – a case of undeclared bunker


Undeclared/excess bunkers can be considered a criminal act by Turkish customs officials with the ship's crew being accused of smuggling.


A Member’s 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, since the bunkers onboard is also within the scope of such searches, took soundings of the fuel oil tanks to check the accuracy of the declared fuel oil figures.


As the sounding figures indicated a possible excess (undeclared) fuel oil in the ship’s tanks, an independent bunker survey was arranged.


Subsequent calculations revealed that the ship did carry an excess of approximately 85 tonnes against the declared quantity of fuel oil.


At the time of writing, the Turkish authorities have 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.


Turkish authorities, under its Anti-Smuggling Law No. 5607, can consider a discrepancy between the declared figures and the figures established by a bunker survey as an act of smuggling of petroleum products.


This can lead to criminal proceedings being brought against the Master and other members of the crew.


Recommendations


While the case described above has not yet been settled, its course of events is reportedly not uncommon.


According to our local correspondents in Turkey, the trend of unannounced customs inspections, including scrutiny of the fuel oil remaining onboard, has increased in the recent months.


Masters of ships calling Turkish ports are therefore advised to be particularly vigilant and attentive when filling in the customs declaration.


Specifically, the fuel oil remaining onboard must be carefully calculated and measured before being declared to Turkish customs


It is also important that all relevant crew members are made aware that undeclared bunkers is an issue in Turkish ports and that a discrepancy between the declared figures and the figures established by a bunker survey can bring about serious consequences for the crew.


For additional information and advice, please refer to the following information received from our Turkish correspondents:


http://www.gard.no/Content/29992219/Vitsan_Declaration%20of%20bunker%20figures%20on%20board%20the%20vessels%20in%20Tukish%20ports.pdf

http://www.gard.no/Content/29992218/Kalimbassieris_Turkey-enforcement%20for%20excess%20bunker%20quantities.pdf


We are also grateful to our correspondent Vitsan Mümessillik ve Musavirlik A.S. for their assistance in preparing this alert.


来源:The Gard P&I Club @ 2020.07.09

http://www.gard.no/web/updates/content/30003353/turkey-a-case-of-undeclared-bunker