List of Correspondents Advice to Masters

List of CorrespondentsAdvice to Masters

2014

List of Correspondents 2014

www.swedishclub.com

Head Office GothenburgVisiting address: Gullbergs Strandgata 6, 411 04 Gothenburg, SwedenPostal address: P.O. Box 171, SE-401 22 Gothenburg, SwedenTel +46 31 638 400, Fax +46 31 156 711E-mail swedish.club@swedishclub.comEmergency +46 31 151 328

Piraeus5th Floor, 87 Akti Miaouli, GR-185 38 Piraeus, GreeceTel +30 211 120 8400, Fax +30 210 452 5957E-mail mail.piraeus@swedishclub.comEmergency +30 6944 530 856

Hong KongSuite 6306, Central Plaza, 18 Harbour Road, Wanchai, Hong KongTel +852 2598 6238, Fax +852 2845 9203E-mail mail.hongkong@swedishclub.comEmergency +852 2598 6464

Tokyo2-14, 3 Chome, Oshima, Kawasaki-Ku, Kawasaki, Kanagawa 210-0834, JapanTel +81 44 222 0082, Fax +81 44 222 0145E-mail mail.tokyo@swedishclub.comEmergency +81 44 222 0082

OsloTjuvholmen Allé 17, N-0252 Oslo, NorwayTel +47 9828 1822, Mobile +47 9058 6725E-mail mail.oslo@swedishclub.comEmergency +46 31 151 328

The Swedish Club | 181

Drug Smuggling Warning Ships are often used as vehicles for drug smuggling. Drugs or illegal substances are hidden on the ship itself or in its cargo. Customs authorities all over the world have intensified their search for drugs on board. The consequences for the shipowner and crew can be very serious when drugs are found. In the USA the Anti Drug Abuse Act was introduced to prevent drugs from getting on board through greater on board security. The simple means of achieving this objective being by levying punishing fines on the shipowner and imposing jail sentences on those found guilty of having smuggled the drugs. The Act establishes that any person who knowingly or intentionally brings or possesses on board a vessel a so called controlled substance shall be punished. For example a person committing a violation involving 1 kilogram or more of heroin, 50 grams or more of "cocaine base" or 10 grams or more of a mixture containing a detectable amount of LSD, shall be sentenced to a term of imprisonment of not less than 20 years and not more than life and a fine not more than USD 4,000,000 if the defendant is an individual or USD 10,000,000 if the defendant is other than an individual, or both. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein." An option available to the authorities is confiscation of the entire ship – and seizure of the ship followed by substantial delay while investigations are being carried out is not uncommon. The amount of the applicable fine multiplied with the weight of the quantity of the drug discovered has no maximum – so fines are basically unlimited. Initial penalties are regularly assessed in tens of millions of dollars and although the amount can be reduced the owner has a very difficult burden of proof to sustain. The owner must show that he exercised “the highest degree of care and diligence”. While investigations are going on the ship will remain under arrest. Criminal proceedings will be instituted against anybody on board who might be involved in the smuggling. The U.S Customs Service has issued a Sea Carrier Security Manual in which it describes routines and procedures which they expect an owner and the officers to implement. Only compliance to the letter with the contents of the manual will be accepted as a proof that the owner has exercised “the highest degree of care and diligence” which may then result in a reduction or withdrawal of the fine.

The owners of this vessel will co-operate fully with public authorities in the criminal prosecution of any-one bringing or helping to bring illegal drugs or drug paraphernalia for any purpose aboard this vessel.