Vessels calling at Turkish ports, regardless of flag, are required under Turkish Customs Regulations to declare the quantity of bunkers remaining on board through the Ship’s Stores List submitted to customs authorities.
The requirement places a particular emphasis on accurate fuel reporting, with discrepancies potentially exposing shipowners and crew to significant consequences. the bunker quantity declared on arrival should be consistent with the vessel’s records and supported by reliable measurements.
Crews calling at Turkish ports should accurately verify and declare bunker quantities, using physical soundings and regularly checking tank measurement systems. Any discrepancies with customs figures can lead to onboard inspections, fines for owners and crew, and potentially criminal proceedings.
Accurate bunker measurement and careful record-keeping are therefore essential for vessels calling at Turkish ports, helping operators avoid unnecessary customs disputes and potential penalties.
Consequences
Customs fines
Customs fines for excess bunkers are divided into two categories and customs authorities can apply one of the following:
- Fine for irregularities: This is deemed appropriate for what Customs Authorities consider to be a simple error in declaration that cannot be interpreted as a fundamental declaration error.
- Fine for tax losses: This relates to the tax losses caused by undeclared excess bunkers. The value of the fines is calculated based on the quantity of excess bunkers, which may result in higher fines than those imposed for irregularities.
Shipowners may benefit from a deduction of ¼ of the total amount of the fine if the payment in respect of a fine for irregularities is made within one month and in respect of a fine for tax losses within 15 days following the service of written notification.
Alternatively, owners have the right to object and appeal the decision within 15 days from the notification of the fine. If the initial appeal is rejected, further appeal may be available. The vessel may be allowed to depart in the meantime if acceptable security is posted (see below).
Criminal proceedings
The Public Prosecutor may initiate criminal proceedings against the crew and/or confiscate the vessel if there is suspicion of smuggling as a result of a discrepancy in the bunker figures. The Customs Authorities will likely also order the seizure of the excess bunkers.
If the Public Prosecutor’s office is involved, officials would proceed to take statements from the crew (generally the master and chief engineer).
In the best-case scenario, the crew and the vessel would be free to sail after the statements are collated. However, in some cases, in our experience this would not necessarily mean that the case against the master and chief engineer would be dropped.
If the prosecutor decides that there is a sufficient level of suspicion that a crime has been committed and prepares an indictment, the matter may progress to the criminal court and the crew may be required to provide further statements.
Although this is typically handled by the court sending documents to the crew member’s home country to request a statement, there remains a risk that the crew member could be detained to provide a statement if they re-enter Türkiye while the criminal court proceedings are ongoing.
In such cases, it is generally recommended that owners and crew members seek legal advice and guidance from local lawyers. The club is able to assist with appointing local lawyers.
While the outcome of criminal proceedings will depend on the available evidence and the facts of each case, failing to participate in the criminal proceedings can lead to a judgment being rendered in absentia and potentially result in serious, irreversible consequences for the vessel and the crew.
In theory, appealing against any customs fines and criminal decisions is possible. However, usually customs fines are settled amicably with the customs authorities.
“Effective remorse”
In some cases, accused crew members may be able to lower their potential sentence under Turkish law anti-smuggling “effective remorse” rules by paying the State Treasury double the customs-cleared value of the extra bunkers. Paying during the investigation cuts the sentence by 50%; paying during the prosecution phase (before judgment) cuts it by one-third.
Unlike the security provided in relation to seized bunkers (see below), an effective remorse payment is a mechanism intended to reduce the accused’s sentence and is not a form of security that allows the vessel to continue its voyage.
Although benefiting from effective remorse does not constitute an admission of liability under the law, it may create the impression for some judges that an offence has been committed and that the crew members are guilty. The club can assist owners and crew members with obtaining local legal advice and guidance before crew members decide whether to exercise the right of effective remorse.
If the court finds the crew guilty and imposes a term of imprisonment, the pronouncement of the verdict may be deferred where the sentence is two years or less.
Security
In addition to the risks to crew, if excess bunkers are suspected to be smuggled goods, they may be seized during criminal investigations. Seizure is a temporary measure, and does not automatically mean the bunkers will be confiscated. Although the criminal court may in some cases order permanent confiscation as a final decision when determining what happens to the property.
Excess bunkers may be confiscated if the legal requirements are met. In this regard, the court must establish that the offence of smuggling bunkers has occurred, and has discretion to order a confiscation of bunkers wherever it considers necessary. However, confiscation may be declined where it would be disproportionate to the offence and therefore inequitable.
To avoid delays caused by discharging and storing seized excess bunkers, authorities may permit bunkers to remain on board against a cash deposit, allowing the vessel to continue its voyage. The value of a cash deposit usually based on the customs-cleared value of the excess bunkers, including duties and taxes.
Providing a deposit does not automatically end the seizure. Instead, it replaces the seized bunkers while proceedings continue. The deposit may be returned if no confiscation is ordered, or retained and called upon if a final confiscation decision is made.
Although less likely, where the authorities consider that the vessel itself has been used in the commission of a smuggling offence, the vessel may also be seized and detained. In certain circumstances, the vessel may be released against security equal to the market value of the vessel.
If required security is not provided within the statutory period of 30 days from the date of seizure, the vessel may be subject to judicial sale without waiting for the conclusion of the criminal investigation or prosecution.