Customs formally seizes Sino vessel

CEBU, Philippines - The Bureau of Customs (BOC) formally served the warrant of seizure and detention against Chinese-flagged bulk carrier M/V Ming Yuan yesterday.

BOC Port of Cebu (POC) District Collector Edward Dela Cuesta said that the warrant was given yesterday morning to the vessel's local agency, PHILHUA Shipping Agency, through District Commander for Enforcement and Security Services-Customs Police Division (ESS-CPD) Camilo Cascolan.

Dela Cuesta said that PHILHUA's local agent, Ryan Balatbat, received the warrant and was advised to give a letter of explanation within 72 hours for the violations that the Hong Kong-registered vessel has committed.

"They already received (the warrant) and they will have to explain to us why they did not file an entry permit and why they failed to surrender any documents.   They also did not have a manifesto to prove that they did not load or unload anything," Dela Cuesta told The Freeman in a phone interview yesterday.

Dela Cuesta said that they will evaluate the agency's explanation as soon as they receive it, as well as the extent of the ship's violations.

 "We will evaluate their reasons. They must show us a proof that they are not liable for fraud," Dela Cuesta said.

Dela Cuesta added there are several cases that may be filed against the 24 crew members who are all Chinese nationals.

Dela Cuesta stated M/V Ming Yuan which has been present since May 19, has not made any entry to the Collector of Customs, to the Port of Cebu or to any Port of Entry in the Philippines.

This clearly stated that the vessel has violated section 1001 in relation to section 2534 of the Tariff and Customs Code of the Philippines (TCCP)

According to Dela Cuesta, the provisions for the said violation will either be forfeiture of the ship or fine.

With the service of the warrang, the BOC now seized the vessel and takes it under custody and submit the inventory of the article seized.

Earlier, the Bureau of Immigration (BI) and the Bureau of Quarantine (BQ), already disclosed the fines that the ship's agency needs to settle, amounting to over two million pesos.

Immigration officer Rey Cuizon, Bay Service Section officer-in-charge, said that each crew member will pay an administrative fine of P50,000 and another P6,500 for the ship due to not informing the authorities within 24 hours upon its arrival.

Aside from that, the agency also obliged the captain or the ship's agent to submit a notice to explain since the crew members also have no seaman's visa.

Director Emmanuel Labella of the Bureau of Quarantine, on the other hand, said that due to the captain's refusal to do formalities to abide the rules and regulations of the Philippines, specifically R.A. 9271 or the Quarantine Act, they will also be issuing fines.

A fine of not less than P10,000 but not more than P50,000 for each crew and not less than P100,000 but not more than P500,000 for the ship.  (FREEMAN)