Background
The occasional unwitting involvement of merchant ships in smuggling drugs, weapons, wildlife and other goods can constitute a serious problem to the involved seafarers and the shipowner. Although there is excellent cooperation and communication between the shipping industry, national custom/border control authorities and the World Customs Organization, there have been instances where innocent seafarers and companies have been held responsible for illegal goods placed on board their ships. In some cases, crew members have been dealt 30-year long prison sentences without any direct involvement in the placing of drugs on board. For involved shipowners, detention of ships and arrest of crews are not uncommon and the potential for large fines and penalties is very real as is the potential confiscation of assets including the ship.
BIMCO participates in projects to raise awareness of and reduce and prevent smuggling. These include a review of existing IMO guidance to prevent drug smuggling as well as supporting various groups, for example the United for Wildlife Task Force and the United Nations Institute for Disarmament Research.
BIMCO’s Position Statement
- Firm and prompt action should be taken by states against those using merchant ships for smuggling purposes.
- Confiscation of ships used for smuggling cannot be accepted, unless a fair trial finds the shipowner guilty of direct involvement in the crime.
- If there is no indication of direct involvement in smuggling, crew members should never be prosecuted. Administering harsh prison sentences to for example a captain solely on the basis of the captain being overall responsible for the ship, is unacceptable.
- BIMCO will warn members of the risks involved with calling at ports in countries where there is a risk that shipowners and crew may experience unfair treatment by authorities.
- Based on a shared interest, shipowners, operators, charterers and other industry stakeholders should co-operate in combating all elements of smuggling.
- Custom authorities should establish concepts to incentivise shipowners, operators and crew, who proactively cooperate to prevent and deter smuggling. Such incentives could include priority access to flexible customs processes, minimising any delays caused by investigations and mitigating of statutory fines.
- Shipowners are encouraged to exercise the highest degree of care and diligence in preventing contraband such as drugs, weapons, plastic waste and wildlife from being placed on board. To assist and guide shipowners, customs authorities should clearly describe the preventative measures necessary to this end.