For tariff violations BOC seizes Chinese ship

CEBU, Philippines - The Bureau of Customs issued a warrant of seizure and detention against the Chinese-flagged bulk carrier M/V Ming Yuan, which has been stranded for more than a month near Malapascua Island, for violating provisions of the Tariff and Customs Code of the Philippines (TCCP).

Edward Dela Cuesta, BOC Port of Cebu district collector, issued the warrant the other night after receiving the formal report from piers and inspection divisions chief Gerardo Macatangay.

Philippine authorities escorted the Hong Kong-registered vessel to an anchorage area off Hagnaya.

At the same time, immigration agents confiscated the passports and seaman's books of the ship's 24 crewmembers, all of whom are Chinese nationals.

The warrant was issued after the vessel grossly violated Section 1001 in relation to Section 2534 of the TCCP.

“Vessels engaged in the foreign trade shall touch at ports of entry only, except as otherwise specially allowed; and every such vessel arriving within a customs collection district of the Philippines from foreign port shall make entry at the port of entry for such district and shall be subject to the authority of the Collector of the port while within its jurisdiction,” Macatangay quoted section of TCCP.

Dela Cuesta ordered Major Camilo Cascolan, district commander of Enforcement and Security Services-Customs Police Division (ESS-CPD), to seize the vessel and take custody of it.

In his report, Macatangay stated that the vessel has been lingering within the area of Malapascua since May 19 without making entry to the Port of Cebu or any port in the country.

Macatangay said that by not making a port entry, the foreign vessel omitted the Customs, Immigration and Quarantine (CIQ) inspections and violated the provisions of TCCP.

Aside from that, the Quarantine Health Officers has not issued a health clearance to the ship's officers and crewmembers.

According to Macatangay, quarantine inspection is very important since it is a national security issue.

He explained that all officers and crewmembers of foreign vessels must undergo medical inspection by the quarantine doctor to see to it that they are free from any communicable diseases such as SARS, Ebola virus, bird flu and other deadly diseases.

He said that issuance of a quarantine clearance is a supreme importance before the boarding team can go aboard foreign vessel.

Macatangay said the Bureau of Immigration was not able to perform their duties and responsibilities.

The BI personnel were not able to check or verify the passports or seaman's books of the officers and crewmembers of the vessel.

He said the BOC boarding officers also failed to check if there are any unmanifested cargo onboard the vessel during the time of its arrival.

The BOC was also not able to check the vessel's manifesto.

The M/V Ming Yuan is now being turned over to the nearest Philippine Coast Guard station within the Bantayan Islands while the seizure proceedings are undergoing, Macatangay added.

Working on solution

China is working with the Philippines for a "proper and prompt" resolution to the seizure by the Coast Guard of a Chinese cargo ship found anchored near a marine sanctuary in Cebu for more than a month without authorization from local authorities.

Zhang Hua, spokesman of the Chinese embassy in Manila, said the Chinese consulate general in Cebu has made contact with concerned authorities and with the local freight agent.

"The issue is still in the process at this stage. The Chinese embassy and the Chinese consulate general in Cebu are working with the relevant authorities for a proper and prompt solution of this issue," Zhang said in a statement.

"The Philippine authorities have told us they will fully ensure the Chinese crew's legitimate rights and interests, and properly address the issue," Zhang added.

The ship has 24 crewmembers.

He said Philippine authorities are checking "relevant declaration procedures," and that based on "preliminary information," the 24 sailors on board "are stable." - With Philippine Star News Service-/LPM  (FREEMAN)