In our Japan P&I News No.1260 “Fines at the Port of Lomé, Togo" dated 6 March 2024, we issued a warning regarding customs fines associated with the exchange of goods in the region. We have now received an update and an urgent warning from our local correspondents, BUDD Togo, regarding the latest situation, which we share with you in the attached documents.

According to the correspondents, Customs authorities continue to strictly enforce regulations against the informal transfer and bartering of goods with local fishermen and crafts in these waters. A summary of the correspondents’ warning is as follows:

All Unauthorised Transactions Are Treated as Smuggling:

The act of handing over items such as sludge, waste oil, drinking water, scrap metal or old ropes in exchange for seafood, SIM cards, etc., from small boats at anchorages is entirely deemed an undeclared import (smuggling) under the country's Customs Code.

Massive Fines and Prison Sentences:

Fines are calculated based not only on the value of the exchanged goods but also on the estimated market value of the vessel, amounting to two to four times their combined market value. Consequently, fine demands can scale up into the hundreds of millions of euros (approximately €129 million in a recent case). Furthermore, involved crew members risk facing prison sentences of between 1 and 3 years.

Strict Personal Liability of the Master:

The Master is held strictly liable for any Customs infringements committed on board, regardless of whether they authorised or were even aware of the crew's transactions.

Caution When Signing the Fine Statement (Procès-Verbal):

Adding conditional disclaimers such as "Without Prejudice" or "For Receipt Only" to the fine statement (Procès-Verbal) presented by Customs is not permitted. If such annotations are added, formal discussions will be suspended, thereby prolonging the vessel's detention.

The Members are once again requested to instruct their crew members to strictly prohibit any exchange of goods with local fishermen and others at anchorages and within Togolese waters.