Detailed guidance on navigating Argentinean Customs inspections, emphasizing meticulous declaration to avoid penalties and costly delays.
The Argentinean Customs House is rigorously checking vessel Store Lists and has unfortunately demonstrated an unusual diligence in identifying minor errors and omissions. While they frame this as an effort to ensure regulatory compliance, the subsequent penalties and procedural delays often result in significant financial consequences for the vessel.
Despite their willingness to thorough searches, the margin for mistake in the Store Lost drafting can be highly reduced if the following key points are taken into account. Pay close attention when declaring the following categories of goods. These items will be subject to meticulous inspection:
Goods requiring utmost attention
1 Paints & chemicals
- PAINTS & THINNER must be declared in litters.
- ALL CHEMICALS on board must be declared, including:
- SOEP (Shipboard Oil Pollution Emergency Plan) chemicals.
- Chemicals for holds cleaning, engine maintenance, oil spillage, grease, etc.
Inspection: These items will be inspected by counting can-by-can.
2 Bunkers and oils in use
- Declare BUNKERS (fuel oil, diesel oil, lube oil).
- Declare ALL OILS IN USE, such as MAIN ENGINE SUMP TANK, STEERING OIL, and HYDRAULIC OIL.
Inspection: These will be inspected by measuring the corresponding tanks and drums. Even half-empty drums will be measured.
3 Electronics and appliances
ALL appliances (both vessels and personal effects) must be declared. Examples: TV sets, computers, tablets, fax machines, photocopy machines, video tape players, microwaves, DVD players, binoculars, cell phones, washing machines, printers, etc.
4 Tobacco and alcohol
- CIGARETTES must be declared in units.
- SPIRITS must be declared in liters.
5 Spare parts
- Declare SPARE PARTS from both engine inventory and deck inventory.
- Examples: Pistons, propeller, anchor chain, ball bearings, hoses, welding & cutting equipment, tools, ropes, wire ropes, etc.
Recommendation: It is advisable to differentiate them as “used” and “new”.
6 Controlled items
Drugs (pharmaceuticals), ammunition, firearms, and anti-piracy sets.
7 Forecastle consumables
All consumables kept in the forecastle.
8 Bonded stores
9 Food and beverages
10 Medical and hospital items
The above list is inclusive but not limited to the listed items. Please bear in mind that ALL items on board must be declared.
Other declaration recommendations
- Focus on Key Items: Pay special attention to the items listed above in points 1 to 5.
- Avoid Indexing Totals: DO NOT index the declaration with the total amounts/quantities of declared products (e.g., Lube Oil total). Only declare the name/number of the tank and its respective liters.
- Verification: DO NOT sign the declaration until it has been corroborated with the Deck Officers and Engineers.
- Handling Documents: DO NOT deliver incomplete or partial copies/drafts to anyone, including Agents.
- Retention: ALWAYS keep a copy of the definitive Store List on board.
- Document Integrity: Make sure there are no papers/pages with annotations attached to the declaration. It is preferable to number the store list pages.
- Lubricants in use:
- – If possible, clarify whether the measurements were taken with the engines running or stopped.
- – Take said measurements upon arrival at the first port where inwards clearance will be granted, before declaring the quantities.
In addition, Gard P&I Club advises that in case of any doubt, e.g. if requested to sign an unfamiliar document or language and cultural differences make communication difficult, ask for the agent’s and/or the P&I correspondent’s assistance.
Masters are also advised to contact their local agent in writing well in advance of arrival to confirm the customs and immigration regulations in effect at that time, as well as the documentation and details required.
Furthermore, if Masters should encounter irregularities in the form of customs officers soliciting bribes to overlook discrepancies, we strongly recommend reporting this via the Maritime Anti-Corruption Network’s (MACN) anonymous incident reporting system
Avoiding discrepancies: double and inaccurate declarations
Discrepancies often arise from DOUBLE DECLARATION and INACCURATE DECLARATIONS.
Double declaration
It is crucial to check the quantities to ensure they are not double declared. For Customs purposes, it is a “one or the other” situation: it is not necessary to declare both a total and the details.
Example: If Customs finds a declared total amount of lube oil on one page, and the same quantity is declared in detail on another page, they will consider it a “double declaration” leading to a penalty, rather than a clarification.
Inaccurate declarations
ALL quantities must be declared based on their actual measurements. DO NOT declare quantities calculated on an “about” basis or according to experience, as Customs will consider this a discrepancy.
Protocol during a Customs search
In the event of a Customs search, the Master is reminded of the following protocol:
- Access: Customs officers must audit the declaration and cannot be denied access aboard.
- Items in Violation: If undeclared items are found, the officers should complete the “Record of Search” document, which must detail and quantify the items in violation.
- Signing: Once the inspection is over, the captain may sign the “Record of Search” “without prejudice” and should attach any letters of protest or other notes of explanation deemed necessary.
- Information Provision: DO NOT hand over inventories, lists, or any other description of items that could have been found. Customs should audit everything themselves; any additional information given during the inspection will most likely be used against the ship.