BOC seizes Liberian-flagged ship in Bohol
ALTHOUGH there was no contraband found inside the Liberian-flagged M/V Ohshu Maru, the Bureau of Customs (BOC) on May 3, 2024, issued a Warrant of Seizure and Detention (WSD) against the cargo ship for drifting and loitering in the Bohol Sea since last week while en route to the port of Kinuura, Japan.
A team composed of the BOC’s Customs Intelligence and Investigation Service-Cagayan de Oro (CIIS-CDO), Philippine Navy (PN), Philippine Coast Guard (PCG), and Philippine Drug Enforcement Agency (PDEA) inspected the vessel on May 1, 2024 but found no illegal shipment to indicate its involvement in a supposed smuggling activity.
“The WSD is issued because the captain did not issue a Notice of Arrival when the vessel started drifting to the Bohol Sea, which as I understand from the field report, started last April 22. Under our rules, the ship’s master only has 24 hours after its arrival to file a notice or protest explaining the circumstances of the change in its course,” BOC Commissioner Bien Rubio explained.
A Notice of Preliminary Conference Hearing against the vessel was issued along with the WSD.
The ship’s master, Capt. Pepito M. Agmata, executed an undertaking and a Letter of Apology dated May 1, 2024 to explain the circumstances of why the vessel was found drifting in Philippine internal waters. CIIS Director Verne Enciso cited the letter, which said that the vessel was advised by its charterer to drift to a safe place at Philippine Sea while en route to the port of Kinuura. It was even advised to change its estimated time of arrival in its original port of destination.
“Captain Agmata was also adamant that he and his crew did not allow any vessel to come close to their ship while it drifted to Bohol Sea. But while the letter expressed his apology for not reporting immediately, the vessel must still be subjected to seizure proceedings because it is the proper forum for Mr. Agmata to explain what happened,” Enciso said.
He added that the captain’s explanation would be subject to approval under the Customs Modernization and Tariff Act (CMTA) and other applicable laws, rules, and regulations. The WSD also recommended for the vessel to be continuously under monitoring by the PN and PCG until a clearance from the proper authorities is issued. Deputy Commissioner for Customs Intelligence Group Juvymax Uy further revealed that “an intent to avoid detection of any irregular movements by the vessel” made it the subject of inspection proceedings because of the possibility of its involvement in smuggling activities.
“We received the Vessel Tracking System records, which said that M/V Ohshu Maru turned off its Automatic Identification System (AIS) transmission in Malaysia for a day and eight hours before entering our waters. Even the Coast Guard Station in Siquijor was unable to establish a radio communication with the vessel,” he said. The vessel, its master, and crew could face charges in violation of Sections 214, 218, 300, and 1212 of the CMTA, the Customs Memorandum Circular (CMC) No. 08-2019, and Customs Administrative Order (CAO) No. 15-2020. Section 1212 of the CMTA (Entrance of Vessel through Necessity) stated that a master of a vessel only has 24 hours after its arrival to make a protest under oath explaining the causes or circumstances of the necessity—whether by stress of water or other reasons—to be in a port other than its destination.
This order is complemented by Section 5.2.1 of CAO No. 15-2020 (Entrance of Vessel from a Foreign Port), which states that a vessel must report its arrival to the district collector at the port of entry or the customs officer authorized to meet the vessel at the end of the sea passage.
