Loitering Liberian-flagged ship seized

For loitering and drifting in sea off Bohol, customs authorities in Manila issued a warrant of seizure and detention (WSD) against the Liberian-flagged cargo ship Oshu Maru.

The Bureau of Customs (BoC) said no contraband was found inside the ship, which has been loitering in Bohol since last week bound for the port of Kinuura, Japan.

A team composed of the BoC’s Customs Intelligence and Investigation Service-Cagayan de Oro (CIIS-CDO), Philippine Navy, Philippine Coast Guard, and Philippine Drug Enforcement Agency (PDEA) inspected the vessel.

According to the BoC, the warrant was issued because the ship captain did not issue a notice of arrival on 22 April, or in the required 24 hours for officers to explain the change in direction, if any.

A notice of preliminary conference hearing against the vessel was issued along with the WSD.

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

CIIS Director Verne Enciso cited the letter, which said that the vessel was advised by its charterer to drift to a safe place at the Philippine Sea while en route to the port of Kinuura.

It was even advised to change its estimated time of arrival in its original port of destination.

“Captain 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 or acceptance under the Customs Modernization and Tariff Act and other applicable laws, rules, and regulations.

The WSD also recommended continuous monitoring of the vessel by the Navy and Coast Guard until cleared to ship out by the proper authorities.

Deputy Commissioner for Customs Intelligence Group Juvymax Uy revealed 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 transmission in Malaysia for a day and eight hours before entering our waters. Even the Coast Guard Station in Siquijor was unable to establish radio communication with the vessel,” he said.

The vessel, its master, and crew could face charges in violation of Sections 214, 218, 300, and 1212 of the CMTA, the Customs Memorandum Circular No. 08-2019, and Customs Administrative Order No. 15-2020.