OHSHU MARU

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Bulk carrier seized by Philippine authorities

The Philippines authorities have seized the Oushu Maru' after loitering for two weeks. On May 1, the Philippines Custom Intelligence and Investigation Service, the Philippines Navy, the Philippines Coast Guard, and the Philippines Drug Enforcement Agency boarded the vessel. On the suspicion of drug smuggling, they searched it. However, no illegal goods were discovered on the vessel, and all the paperwork was found in order. Later the Captain of the ship informed the Philippines authorities stating that the vessel was bound for the Port of Kunuura, but the charterer of the vessel ordered to delay the vessel's arrival in port. Following this, on May 3, the Philippines authorities issued a seizure warrant and detention of the vessel. The authorities asserted that a review of the Vessel Tracking System indicated the ship's AIS transmission was turned off when it was in Malaysia. The authorities also alleged the vessel was in a dark operating mood without a signal for more than 24 hours before entering the Philippines. The Philippines Bureau of Customs has ordered the vessel to anchor on the northern side of Mindanao, where it will be continued to be monitored by Navy and Coast Guards. On May 11, it anchored in pos. 08° 36.88' N 124° 44.68' E.

Warrant of seizure and detention against ship for drifting in Bohol Sea

The Bureau of Customs (BOC) on May 3, 2024, issued a warrant of seizure and detention (WSD) of the 'Ohshu Maru' for drifting and loitering in the Bohol Sea since April 22, en route to the port of Kinuura, while there was no contraband found aboard the ship. The warrant was issued because the captain did not give a notice of arrival when the vessel started drifting to the Bohol Sea on April 22. 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. The vessel was advised by its charterer to drift to a safe place at Philippine Sea while en route to the port of Kinuura. Captain Agmata was also adamant that he and his crew did not allow any vessel to come close to their ship while it was ddrift. But while the letter expressed his apology for not reporting immediately, the vessel must still be subjected to seizure proceedings because it is the proper forum for Mr. Agmata to explain what happened. The explanation was still subject to approval under the Customs Modernization and Tariff Act and other applicable laws, rules, and regulations. The warrant also recommended the vessel be continuously under monitoring by the Philippine Navy and Philippine Coast Guard until a clearance from the proper authorities has been issued. The vessel’s intent to avoid detection of any irregular movements made it the subject of inspection proceedings because of the possibility of its involvement in smuggling activities. The 'Ohshu Maru' turned off its AIS transmission in Malaysia for a day and eight hours before entering Philippine waters. Even the Coast Guard Station in Siquijor was unable to establish a radio communication with the ship. The vessel, its master, and crew could face charges in violation of Sections 214, 218, 300, and 1212 of the CMTA, the Customs Memorandum Circular No. 08-2019, and Customs Administrative Order No. 15-2020.