BI imposes fines on Chinese vessel, crew

CEBU, Philippines - The Chinese-flagged bulk carrier, MV Ming Yuan, was chartered by a Korean shipping firm to transport iron sand at the Port of Isabel in Leyte but the shipment was cancelled.

This was according to Faye Pillerva of PHILHUA Shipping Inc., the vessel’s local agent, in a statement sent to Bureau of Quarantine Director Edgardo Sabitsana.

Pillerva said the vessel was chartered by GENESIS Shipping Co., Ltd., Korea to load about 30,000 metric tons of iron sand at the Port of Isabel, Leyte tentatively scheduled on May 16 to 20, 2013.

However, while the vessel was in transit to the Philippines, the shipper failed to confirm that the shipment was ready.

“Consequently, to save on operational costs, the ship owners decided that the vessel drop anchor off Malapascua Island in the meantime, which is near the Port of Isabel to wait for the confirmation. Besides, the freight had been prepared and the charterers assured ship owners that they would be paid for any charges/demurrage that would be caused by the delay,” the statement read.

Pillerva stated further that the vessel had no other scheduled voyage, so it just waited and gave the shipper enough time to prepare the shipment.

“Unfortunately, the shipment was eventually canceled. Nonetheless, the vessel or ship owners had no intention to violate any of the Philippine law,” Pillerya stated.

She also explained that if the transaction pushed through, PHILHUA Shipping Inc. would have filed the necessary documents within the required time.

The shipping agency also asked the Bureau of Quarantine for consideration not to push through with the imposition of fine and penalties for the violations.

But the Bureau of Immigration insisted on imposing fines against M/V Ming Yuan and its crew members.

Immigration officer Rey Cuizon said they already informed PHILHUA Shipping Inc. that an administrative fine of P50,000 for each of the 24 crew members and P6,500 for the vessel will be imposed as penalty for not informing the authorities within 24 hours upon its arrival in the Philippines waters.

Cuizon said that they have imposed fines since the vessel was in Malapascua for over a month since its arrival and the crew members have all the time to work on the necessary requirements needed to comply with the maritime rules and regulations of the Philippines.

Cuizon said that the passports and seaman’s book of the crew that were confiscated were in order but they lack the seaman’s visa.

On the other hand, Emmanuel Labella of the Bureau of Quarantine said that the vessel has four violations of The Quarantine Act of 2004, namely their refusal to allow the bureau to conduct the mandatory inspection of the vessel and crew members, failure to give notice of its entry or arrival in the Philippine territory, failure to submit the required maritime declaration of health or general declaration and other required documents and failure to secure the required quarantine clearance in compliance with Philippine health regulations.

Labella said he has endorsed his recommended penalties to Sabitsana and it will be discussed by their legal officers.

Once approved, the amount must be settled at the Bureau of Quarantine Cebu Station, before they will issue the vessel’s departure clearance. (FREEMAN)