A rise in alleged smuggling cases in Togo involving vessels exchanging goods with local fishermen, warning that such activity may be interpreted as a serious Customs infringement with severe consequences.
According to local correspondent Budd Group, undeclared transfers or bartering with local fishermen in Togolese waters can result in substantial Customs fines, vessel detention and imprisonment of crew members. Recent cases have involved fines ranging from €120,000 to €400,000, while crew members have been imprisoned for between three months and three years.
Under the Togolese Customs Code, goods or materials cannot be discharged or transferred without prior written authorisation from Customs. Unauthorized exchanges, including sludge barrels, bottled water, scrap metal, old ropes or small quantities of fuel for seafood, cigarettes or SIM cards, are categorized as undeclared import or smuggling.
Fines can be calculated based on both the goods exchanged and the financial value of the transport involved, including the full market value of the vessel.
Budd Group reported a recent case involving an ocean-going vessel at Lomé anchorage that transferred 35 cans of fuel residue, approximately 875 liters, to a local pirogue in exchange for fish, cigarettes and SIM cards.
The incident resulted in criminal sanctions of one to three years’ imprisonment for crew members involved and a calculated financial penalty exceeding XOF 84.6 billion, approximately €129 million, based on quadruple the combined value of the fuel, Customs duties and estimated market value of the vessel.
Key recommendations
- Operators have to make sure the Master and crew are fully aware of this issue before calling at ports in Togo, and to ensure that they do not engage in any form of item exchange with local craft at anchorage.
- The correspondent also recommends keeping all unauthorised local craft away from the vessel. In case of any unauthorised approaches, to log, photograph and report the craft to harbour authorities and local agents immediately.
- If approached by Togolese Customs or presented with a Procès-Verbal (PV), contact the Insures and the local correspondent for assistance before signing any official documentation.