Managing Customs Fines Risk From Cargo Shortages

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  • Shore Figures Often Override Ship Measurements.
  • Minor Discrepancies Can Lead to Major Penalties.
  • Certain Ports Pose Higher Enforcement Risks.

Customs authorities across various regions are still cracking down on vessels and carriers when the landed or outturn figures, don’t line up with the cargo quantities stated in their manifests. While the approach can differ from port to port, the Club’s records reveal a consistent trend of fines tied to cargo shortages. These authorities often view shortages as signs of under-declaration, smuggling, tax evasion, or other regulatory violations. Consequently, customs administrations have the legal backing to impose fines on those they consider responsible, reports Brittania P&I.

How Fines Are Calculated

Customs fines are generally aimed at recovering unpaid duties and taxes, ensuring compliance, deterring fraud, and maintaining the integrity of customs systems. In many instances, fines are based on the estimated local market value of the missing cargo, multiplied by a factor determined by local authorities. This means that even minor discrepancies can lead to hefty penalties. Customs officials typically depend on shore-side measurements from weighbridges, stevedores, or surveyors appointed by customs, often overlooking the ship’s figures, which limits the vessel’s ability to contest any discrepancies.

Security and Administrative Burden

When a fine is issued, ships usually have to provide security, like a cash deposit or bank guarantee, while investigations are ongoing. Although the initial demands can be quite substantial, the situation can often be improved through careful management and proactive communication with local agents and correspondents.

Cargo Types Most Affected

There isn’t a single commodity that stands out as particularly troublesome, but high-volume goods tend to be more susceptible to measurement discrepancies. Commonly impacted cargoes include rice, wheat, corn, soybeans, sugar, and fertilisers, where even small differences can lead to significant financial risks.

The Role of Surveys

Surveys carried out by the ship often serve as the first line of defence, especially when it comes to bulk cargo. For packaged goods, however, extra care is essential. This includes ensuring clear cargo markings and, when possible, bringing in independent surveyors to oversee the discharge operations.

High-Risk Ports: The Case of Dakar

Dakar, Senegal, has long been known for its stringent customs enforcement. Even minor documentation mistakes or slight cargo discrepancies have led to hefty fines or, in some cases, the detention of vessels. That said, recent updates from local sources suggest a cautious easing of these strict measures, with a bit more leniency for minor issues. Customs officials in Dakar routinely check a variety of documents and declarations, such as cargo manifests, bills of lading, crew lists, bonded stores, bunker quantities, and residual oils.

Best Practices to Minimise Risk

The Club recommends that Members take a consistent and proactive approach during every port call:

  1. Get familiar with local customs requirements and consult with agents before arriving.
  2. Reconcile all cargo documents well ahead of time.
  3. Hire independent surveyors and keep photographic or video evidence when allowed.
  4. Make sure to declare bunkers, lubricants, and bonded stores accurately.
  5. Stay in close contact with local agents and address disputes promptly.
  6. Avoid signing customs documents without proper verification.
  7. If fines seem likely, notify the Club and local correspondents right away.

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Source: Brittania P&I