BOC seizes Liberian-flagged ship loitering in Bohol Sea sans authority

MANILA – A warrant of seizure and detention (WSD) was issued against a Liberian-flagged cargo ship for drifting and loitering in the Bohol Sea since last week while en route to the port of Kinuura, Japan, the Bureau of Customs (BOC) reported Saturday.

According to Commissioner Bien Rubio, although no contraband was found inside the Liberian-flagged M/V Ohshu Maru, the WSD was issued on May 3 along with a Notice of Preliminary Conference Hearing.

“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,” Rubio explained.

He added that 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 but found no illegal shipment to indicate its involvement in a supposed smuggling activity.

The ship’s master, Capt. Pepito M. Agmata, executed an undertaking and a Letter of Apology dated May 1 to explain the circumstances of why the vessel was found drifting in Philippine internal waters.

Citing the contents of the letter, CIIS Director Verne Enciso said the vessel was supposedly advised by its charterer to drift to a safe place in the Philippine Sea, as well as change its estimated time of arrival in its original port of destination.

“Capt. 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 that the vessel be placed under continuous monitoring by the Navy and the Coast Guard until a clearance from proper authorities is issued.

The vessel, its master, and crew could face charges for violating Sections 214, 218, 300, and 1212 of the CMTA, the Customs Memorandum Circular (CMC) 08-2019, and Customs Administrative Order (CAO) 15-2020.

Section 1212 of the CMTA (Entrance of Vessel through Necessity) states 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 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.

On the other hand, Deputy Commissioner for Customs Intelligence Group Juvymax Uy noted 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. (PNA)