Even though no contraband was discovered aboard the Liberian-flagged M/V Ohshu Maru, the Bureau of Customs (BOC) issued a warrant of seizure and detention (WSD) against the cargo ship Friday that drifted and lingered in the Bohol Sea for a week while en route to the port of Kinuura, Japan.
On May 1, a team consisting of the BOC’s Customs Intelligence and Investigation Service-Cagayan de Oro (CIIS-CDO), Philippine Navy (PN), Philippine Coast Guard (PCG), and Philippine Drug Enforcement Agency (PDEA) inspected the ship where no illicit cargo was found.
“The WSD is issued because the captain did not issue a Notice of Arrival when the vessel started drifting to the Bohol Sea, which as I understand from the field report, started last April 22. Under our rules, the ship’s master only has 24 hours after its arrival to file a notice or protest explaining the circumstances of the change in its course,” Customs Commissioner Bien Rubio explained.
A Notice of Preliminary Conference Hearing was also issued.
In response to the situation, the ship's master provided an undertaking and a Letter of Apology dated May 1, 2024, seeking to clarify the circumstances that led to the vessel's presence in Philippine internal waters without proper notification.
Although the apology was acknowledged, the vessel remains subject to seizure proceedings.
Furthermore, the WSD recommended that the PN and PCG continuously monitor the vessel until clearance is obtained from the relevant authorities.
Potential charges against the vessel, its master, and crew may include violations of Sections 214, 218, 300, and 1212 of the Customs Modernization and Tariff Act (CMTA), Customs Memorandum Circular (CMC) No. 08-2019, and Customs Administrative Order (CAO) No. 15-2020.
Section 1212 of the CMTA addresses the entrance of vessels due to necessity, mandating that a vessel's master must file a sworn protest within 24 hours of arrival and explaining the reasons for the unscheduled port visit.
Additionally, Section 5.2.1 of CAO No. 15-2020 stipulates that vessels arriving from foreign ports must report their entry to the district collector or the designated customs officer promptly upon reaching the port of entry.