GUIDELINES
FOR THE PREVENTION AND SUPPRESSION OF THE SMUGGLING OF DRUGS, PSYCHOTROPIC
SUBSTANCES AND PRECURSOR CHEMICALS ON SHIPS ENGAGED IN INTERNATIONAL MARITIME
TRAFFIC
(Adopted
on 27 November 1997)
THE
ASSEMBLY,
HAVING
CONSIDERED the general purpose of the Convention on Facilitation of
International Maritime Traffic, 1965, as amended, and in particular article III
thereof,
RECALLING
that the Facilitation Committee, conscious of the scourge of illicit drug
trafficking, approved, at its seventeenth session in 1987, FAL5/Circ.1/Rev.1
entitled "Prevention of drug smuggling on ships engaged in international
traffic - Guidelines for use by shipowners, seafarers and others closely
involved with the operation of ships",
RECALLING
FURTHER that, at its nineteenth regular session, it urged the Facilitation
Committee to accelerate its work on the revision of the above Guidelines, which
should also include measures to combat illicit trafficking in precursor
materials,
RECOGNIZING
the urgent need for international co-operation to suppress illicit traffic by
sea as envisaged by the 1988 United Nations Convention against Illicit Traffic
in Narcotic Drugs and Psychotropic substances,
RECOGNIZING
FURTHER the relevant rights and obligations contained in the international law
of the sea, including the principle of freedom of navigation and the right of
innocent passage,
BEING
CONCERNED that illicit drug trafficking and transport of precursor materials
seriously affect legitimate maritime transport,
NOTING
WITH satisfaction the preparation of guidelines aiming at preventing and
suppressing the unlawful acts which are addressed in the present resolution,
developed by Member Governments and international organizations concerned,
ACKNOWLEDGING
with appreciation the valuable contribution made by the ICS through its
publication Drug Trafficking and Drug Abuse: Guidelines for owners and masters
on prevention, detection and recognition, on which a considerable part of the
annex to the present resolution has been based,
1.
ADOPTS the Guidelines for the Prevention and Suppression of the Smuggling of
Drugs, Psychotropic Substances and Precursor Chemicals on Ships Engaged in
International Maritime Traffic, set out in the annex to the present resolution;
2.
URGES Member Governments to implement the annexed Guidelines without delay, in
accordance with the international law of the sea, and to bring them to the
attention of harbour masters, shipping companies, shipowners, ship operators,
shipmasters and all other parties concerned;
3.
REQUESTS the Facilitation Committee to keep the Guidelines under continuous
review and to update them, as appropriate, in the light of experience gained;
4.
REVOKES FAL-5/Circ. 1 /Rev. 1.
GUIDELINES
FOR THE PREVENTION AND SUPPRESSION OF THE SMUGGLING OF DRUGS, PSYCHOTROPIC
SUBSTANCES AND PRECURSOR CHEMICALS ON SHIPS ENGAGED IN INTERNATIONAL MARITIME
TRAFFIC
1.
These Guidelines contain general advice which may provide guidance to
shipowners, seafarers and others closely involved with the operation of ships.
They are standards whose aim is to assist shipping companies, ships' masters
and officers in combating illicit drug trafficking and to recognize some of the
symptoms of drug dependence among members of the crew. Based on these
standards, shipowners may wish to examine the possibility of adopting or
improving procedures aimed at preventing breaches of customs regulations in
their ships, especially smuggling of illicit narcotic drugs, psychotropic
substances and chemical products essential for drug manufacture. Such
procedures will necessarily vary from one ship to another, depending on the
routes they serve.
2.
The International Maritime Organization agreed to contribute to the
international effort aimed at combating illicit drug trafficking more
effectively and the Facilitation Committee, at its seventeenth session in
September 1987, prepared guidelines on the prevention of drug smuggling on
ships engaged in international traffic which were approved by the Council at
its fourteenth extraordinary session in November 1987. The following guidelines
replace the interim guidelines issued in document FAL5/Circ.1, of 5 February
1987.
3.
In certain cases a lack of concern or due diligence on the part of the master
and crew may make vessels vulnerable to narcotic drugs, psychotropic substances
or precursor chemicals being secreted aboard.
4.
A high proportion of drug trafficking is undertaken by sea because of the
opportunities offered by the large volume of shipping movements from producing
to consuming countries as drug-traffickers attempt to enter the most profitable
illicit markets. Once a drug consignment has entered a region, drug traffickers
and their agents have little difficulty in moving it within that area, taking
advantage of the wish of Governments to facilitate the movement of persons and
goods across frontiers.
5.
Three principal factors should be borne in mind when considering the
implications of illicit drug trafficking for commercial means of transport:
(i) The very high value of
drugs when smuggled in large quantities has attracted the major international
criminal organizations and terrorist groups. The possibility of violent
incidents, including armed assault, on discovering any sizeable quantity of
drugs should not be overlooked and, consequently, due precautions should always
be taken.
(ii) The professional
trafficker rarely carries the drugs himself and usually finds an accomplice to
do so. Merchant seamen are frequently targeted by drug traffickers anxious to
get their products from producing to consuming countries. Often the seafarers
are not fully aware of the risks involved, which include long prison sentences
and, in some countries, the death penalty.
(iii) There are no
"safe" shipping routes where operators can be quite certain that
there are no illicit substances on their ships. Direct sailings from countries
of supply to countries of consumption are clearly considered as a risk and
receive special attention from customs authorities. However, increasing
quantities of drugs are being moved by roundabout and circuitous routes, using
ports in countries which are not drug producers which drug traffickers believe
invite less risk of interception in countries of destination.
6.
Shipping is vulnerable to drug trafficking on two fronts. First, the threat of
drugs being concealed on vessels means that law-enforcement efforts by customs
authorities may result in long delays to the departure of ships, especially
cargo ships. Secondly, the possible involvement of crew members in drug abuse
threatens the safety of the vessel.
CHAPTER
1
PREVENTION OF ILLICIT DRUG TRAFFICKING
1.1
Action by customs officers
Customs
officers have certain duties to fulfill in respect to all vessels arriving from
and departing for foreign countries and normally seek to establish friendly
co-operation with ships' officers and crews. They are trained to respect the
ship as the seafarer's home, and recognize that crew members wish to do their
work without interference and without shipboard life being disturbed more than
necessary.
Customs
are grateful for any co-operation and information that any crew member can
provide to eliminate drug trafficking. Information provided will be treated in
the strictest confidence and will be investigated without delay.
Some
customs services or other competent authorities of the coastal State are
empowered by law to board without the permission of the flag State any ships
not entitled to sovereign immunity within their ports or passing through the
territorial sea and remain there, inspect and examine any part and open any
closed place or container suspected of concealing contraband whether or not
keys are available. Some authorities may also be empowered to exercise, in the
contiguous zone, the control necessary to prevent, inter alia, infringement of
the coastal States customs, laws and regulations within its territory or
territorial sea. Such procedures vary according to the legislation in different
countries. Customs services or other competent authorities of the coastal State
may also be empowered to board and search foreign flag suspect ships located
seaward of the territorial sea/contiguous zone with the permission of the flag
State.
Questions
asked about possible actions by customs officers in relation to the ship
include the following:
Can customs
officers board the vessel?
Most
national legislation provides that any customs officer or other duly authorized
person may board the ship at any time while it is within the limits of a port
or within territorial waters.
Can customs officers search the ship?
Most
national legislation allows customs officers to search any part of the ship.
They are also permitted, by law, to remain on the ship for the purposes of the necessary
searches. There may be certain areas of the vessel (inert cargo spaces,
sensitive electronic equipment, etc.) where they will need advice, crew
assistance, special clothing or equipment to conduct a search. Customs officers
should be informed of such areas on boarding.
Can ships
on which illicit drugs are found be seized by customs officers?
Under
certain national legislation, some ships used to carry goods subject to seizure
may also be seized under customs legislation. Sanctions may be imposed on a
vessel whose responsible officers (i.e. the master, officers and engineers,
manager or owner of a vessel) are involved, either through their acts or
through failure to take reasonable precautions to avoid any member of the crew
under their supervision engaging in illicit drug trafficking.
Do customs
officers have to be provided with accommodation on the ship?
Generally
the law allows the customs authority to station officers in any ship while it
is within the limits of a port or within territorial waters, always provided
that the specific situation does not constitute a threat to the personal safety
of the crew, customs or investigating officers.
Does a
proper gangway have to be provided for access to the vessel?
Most
legislation requires customs officers to be provided with safe means of access
to and exit from the vessel. Customs officers' requirements must be complied
with immediately, provided that they are reasonable in the circumstances.
What power
does the customs officer have when searching a vessel?
The
law generally permits the customs officer to have free access to every part of
the ship and its cargo.
Additionally
he may:
.1 mark, or cause to be
marked, any goods before loading;
.2 lock up, seal, mark or
secure any goods carried in the ship, or in any place, or in any container;
.3 break open any place or
container which is locked if the keys are withheld or otherwise unavailable.
Customs
officers generally have authority to:
.1 board or search ships
when these actions are necessary to suppress illicit trafficking by sea;
.2 arrest any offender and
may impose sanctions or fines, and order arrest, unless otherwise laid down in
the legislation of the country.
When,
during the search of a ship, the customs authorities discover illicit
substances, the responsible officer may be held accountable.
When
customs officers take legal proceedings, the master and other responsible
parties may be held criminally liable, as appropriate under national law.
1.2
Information about the crew
Customs
officers may regard the following persons as "responsible ships'
officers":
.1 masters;
.2 mates, including those
without certificates;
.3 engineers, including
those without certificates;
.4 refrigeration engineers;
.5 pursers and certified chief
petty officers on passenger ships.
Ships'
masters may be asked to comply with any reasonable request by the Customs for
important information which may be available concerning one or more individual
crew members. Although there may be criminal liability, co-operation and the
value of the information supplied by the master may be mitigating factors with
regard to the ship's liability.
On
the arrival of the vessel, customs officers should, where practicable, be
notified of the fact that one or more crew members have left or joined the ship
in that port.
Except
in exceptional circumstances, customs officers should be provided with any
information on the cargo and the crew before the ship's arrival.
THE POWERS OF CUSTOMS
OFFICERS ARE BROAD, BUT IN NO CIRCUMSTANCES SHOULD THEY BE ABUSED. ANY INSTANCE
OF LACK OF INTEGRITY ON THE PART OF SUCH OFFICERS ANYWHERE IN THE WORLD SHOULD
BE REPORTED TO THE NATIONAL AUTHORITIES AND THE FLAG STATES.
On
request, most customs authorities will advise shipowners and masters of
high-risk ports. Customs authorities should designate specific contact points
in ports for reporting drug-related incidents.
1.3
Action by shipping companies
Whenever
practicable, shipping companies should be prepared to assist Customs in suitable
training on methods of searching the type of ships operated by the company.
Details,
including drawings, of any recent structural repair, major remodelling or refit
of the vessel (interior or exterior) should be kept on board in case they are
required by the customs authorities.
Shipping
companies should normally allow customs authorities access to commercial
information on ships and their cargo, especially changes of destination,
consignee, etc.
Shipping
companies should assist in training customs officers on the use of container
routes, cargo and information systems or provide customs authorities with
appropriate access to such systems.
Shipping
companies should request customs authorities for assistance in providing
information and expert advice to their staff responsible for security, cargo
handling and documentation, in order to train them to recognize and report
cases where the circumstances are suspicious, such as discrepancies in weight,
losses, inconsistencies in payments, make-up of bales, route, anomalies in
documentation or any other inconsistency.
When
there is a numerical list of all containers to be unloaded in a port, the
shipping company's responsible officer should allow Customs access to that
list.
After
unloading containers, the shipping company should notify Customs of any cases
where the integrity of containers seems to have been violated.
Shipping
companies should examine their procedures for checking numbered seals and
tamper-resistant cargo covers so as to prevent unauthorized access.
1.5
Security in the port or terminal when the shipping company is in control of
services
.1 The company should
control access by private vehicles to cargo stores and loading services.
.2 It should have a list of
all vehicles and persons with regular authorized access to cargo stores and
port services, and make this list available to Customs.
.3 It should restrict
parking of all vehicles to a designated area, remote from the active loading
areas.
.4 Any vehicle authorized to
enter at one time to cargo stores or loading services must be issued with a
dated entry pass and parking should be restricted to designated areas. The pass
numbers should be recorded and made available to Customs if required.
.5 When the shipping company
has electronic security systems, such as closed-circuit television covering the
cargo-holding or loading area, the systems must be accessible to Customs, if
they so request.
.6 Access to cargo and
loading areas should only be permitted to authorized persons and vehicles
showing the correct identification.
Shipping
companies should periodically carry out reviews of the control and security
measures in their ports of call and take measures to remedy any defects
identified or, when appropriate, report them to the port authority concerned.
The review should focus specifically on those measures designed to restrict
access of unauthorized persons to the vessel, services and cargoes.
Shipping
companies should notify the Customs when employees discover suspect packages or
unjustified cargoes on the ship or outside it. Suspect packages should be kept
under observation while Customs are notified.
The
shipping company should be ready to send warning signals to ships and loading
services, with the description of internal sanctions applied to employees in
confirmed cases of drug trafficking or abuse, with general reference to the
severe penalties imposed by the competent authorities throughout the world for
drug-related offences.
The
shipping company should provide Customs with information on stevedoring
companies which provide services to its ships in the respective ports, and
identify companies which provide ship-related
services.
The
shipping company should, to the extent possible, take all precautions
necessary, when recruiting new employees to work on their ships, to check that
none of them has been convicted of drug trafficking or has a history of drug
abuse.
The
shipping company should allow only authorized and duly identified employees to
handle operational information about the cargo or the ship.
Shipping
companies should involve the proper customs authorities in educating its
personnel in identifying areas where exceptions to normal commercial practice
may suggest the possibility of a drug-related offence.
The
relevant personnel of shipping companies should be trained to recognize signs
that an employee may be likely to commit drug-related offences and in the
measures to be taken when suspicion is aroused.
The
shipping company should provide clearly identified and easily accessible local
contact points for all matters shown to be of legal interest to Customs (cargo
lists, passenger reservations, cargo routes, employee information, etc.).
Shipping
companies should notify all employees or agents involved in ship or cargo
operations, ashore and on board, of the content of these matters and give them
instructions to carry them out in line with company policy.
Shipping
companies should encourage constant and open exchange of information with the
customs authorities (see annex 2).
Shipping
companies and Customs, together with other bodies involved in commercial
transactions, should regularly discuss matters of mutual interest, both locally
and nationally.
Shipping
companies should seek advice from Customs concerning the provision of suitable
assistance and educational material, so that each company can:
.1 help them to assess its
vulnerability to use as a means of illicit drug trafficking;
.2 develop specific plans to
reduce its vulnerability; and
.3 implement those plans.
Shipping
companies should endeavour to educate their personnel, both ashore and on
board, in the dangers of drug abuse and ways of identifying illicit substances.
2.
The possibility of illicit loading on ships
The
level of security necessary to prevent illicit drugs being concealed on board
vessels clearly depends on the level and nature of the risk. Carriers need to
assess the threat and identify their vulnerability.
Factors
which need to be taken into account include:
.1 ports of call and routes
taken by the vessel;
.2 the origin and routeing
of the cargo;
.3 the level of control
exercised at shore facilities;
.4 the degree of control
exercised regarding access to the ship; and