A Snip Talk on Stopping Ships from Smuggling Drugs

Preface

Drugs are a class of narcotics and psychotropic drugs that cause harm to individuals and society. They primarily affect the central nervous system, causing extreme relaxation and euphoria, resulting in a decrease of physical labour capacity. Individuals gradually lose control of their lives as their consumption and frequency rise (addiction), and discontinuation causes severe physiological or psychological consequences (psychological dependence).

Maritime Drug Trafficking

90% of global freight is delivered by sea to numerous locations throughout the world. This growing commercial transportation and evolving trade patterns between emerging countries allow smugglers to move enormous amounts of illegal drugs globally via commercial vessels.

Drug trafficking on ships is a low-cost, high-risk, high-return business model. Ships, driven by profit objectives, attract to drug traffickers because of their enormous hidden cargo areas, often low security measures when compared to the aviation industry, extensive routes spanning the globe, indirect transportation capability, and quantity of possible partners. Traffickers find it easier to engage with dockworkers, crew members, or enforcement officers who may be swayed by financial incentives or have limited law enforcement capabilities.

Case One: On July 22, 2022, during a stop at Port Botany in Sydney, a container ship named Maersk Inverness, under the flag of Maersk, was found to conceal approximately 700 kilograms of cocaine disguised as brick-shaped wooden products within 28 cowboy bags.

Case Two: In March 2023, the European police organization reported that criminal syndicates paid hundreds of thousands of euros to corrupt individuals involved in shipping logistics to obtain unique container PIN codes. Using these codes, they transported over 200 tons of cocaine through the two busiest ports in the European Union. A report by the organization indicated a growing number of cases where drug trafficking through this method had been employed since 2018. Rotterdam port frequently encountered incidents of missing containers, misplacements, or dumping during this period.

Case Three: In April 2023, during a drug trafficking crackdown operation in Italian waters, the Italian police discovered cocaine valued at 150 million euros hidden below the waterline, approximately 11 meters down, in the sea chest of a bulk carrier named "ATLAS." It was preliminarily assessed that divers had inserted the cocaine into the sea chest from outside the vessel.

Case Four: On July 19, 2023, during a large-scale operation in the Mediterranean, the Italian police found a record-breaking 5.3 tons of cocaine aboard the bulk carrier "PLUTUS." Fifteen crew members, including the Ukrainian captain, were arrested.

Case Five: On September 24, 2023, Irish police and customs officials discovered over 2.2 tons of drugs aboard a bulk carrier named "MATTHEW."

Case Six: On November 7, 2023, during a search of a container ship named "Kota Pusaka," operated by PIL under the umbrella of Pacific International Lines, by the Hong Kong Customs and Police, 318 kilograms of cocaine hidden within waterproof materials and vacuum-sealed were seized. The vessel serviced the Asia-South America route, calling at ports including Shanghai, Ningbo, Shekou, Hong Kong, and Kaohsiung.

Methods Used by Drug Traffickers via Ships:

1. Targeting dockworkers and crew members who may be susceptible due to financial pressures, misconduct, emotional attachments, or personal addiction issues (drug users are more easily tempted to participate in drug smuggling activities). Exploiting their special status or specific channels, drugs are concealed in various parts of the ship such as oil tanks, water tanks, dry bulkhead compartments, engine rooms, steering gear rooms, storage rooms, battery compartments, etc. Even if dockworkers or crew members are not the actual drug smugglers, they may cooperate with traffickers to hide drugs on board and carry them off the ship.

2. Hiring divers to attach drug-laden packages to the bottom of the ship's hull using ropes at docks or anchorages, or securing them to the ship's anchor flukes, rudders, propellers, or cleverly hiding drugs through water inlets. In some cases, drug traffickers directly attach iron boxes containing drugs to the ship's outer hull using magnets, a method frequently employed by Latin American traffickers known as the "torpedo method." This method may sometimes affect the ship's normal navigation, posing a threat to the vessel's safe operation.

3. Employing divers to dismantle or cut open the grilles of underwater sea chest valves or bow thrusters at docks or anchorages, storing drugs inside, and then reassembling the grilles or welding the cut metal plates. Drugs are retrieved at the destination. This method eliminates the need for boarding and interaction with crew members, avoids reliance on dockworker assistance, and makes the hidden drugs less likely to be discovered. In recent years, there has been a significant increase in drug smuggling cases seized from underwater valve chests in Brazil: 13 cases in 2021, 26 cases in 2022, and 19 cases as of the end of April 2023.

4. Disguising as port officials, stevedores, or maintenance personnel to carry relatively small quantities of drugs onboard, concealing packages in cargo holds, decks, storage rooms, chimneys, or engine rooms where inspections are less likely to occur.

5. Hiding drug packages within bulk cargoes such as grains, coal, or ores, allowing for the transfer of large quantities of illegal drugs (bulk carriers).

6. Concealing drugs within rolling cargo such as cars, trucks, trailers, or buses (roll-on/roll-off ships).

7. Container ships are often utilized by drug traffickers and represent significant areas of drug trafficking. Traffickers bribe transportation workers or port workers at loading and unloading ports to modify or replace original seals, hide drugs in goods, and then replace the seals (this method requires some level of cooperation from dockworkers or crew members), retrieving the drugs unnoticed at the unloading port. It's particularly noteworthy that refrigerated container refrigeration spaces are convenient hiding places for drugs.

8. With the cooperation of unscrupulous crew members, illegal drugs are smuggled among ship supplies, stored in crew cabins, material/spare parts storage rooms, or food stores.

Preventing Drugs from Boarding:

Despite the shipping industry's efforts to cooperate with drug enforcement operations worldwide, statistics indicate that a significant portion of seized cocaine, cannabis, and amphetamine-type stimulants are still smuggled via maritime transportation.

Ships and their crews sailing in certain waters risk being charged with drug trafficking. Therefore, shipowners and crew members must proactively take appropriate preventive measures according to the level of risk to ensure the safety of ships and crews.

The International Chamber of Shipping (ICS) has issued the "Guidelines for the Prevention of Drug Trafficking and Drug Abuse on Board Ships," which include guidance on protecting ships and crews, reducing the risk of drug trafficking onboard, addressing maritime drug smuggling and drug abuse, the impact of cyber risks on drug trafficking, and the collective responsibility of all participants in the global shipping industry to assist in combating illegal drug trafficking.

As drug trafficking is an international criminal activity, enhancing cooperation between countries and between ships and port facilities is crucial. Therefore, the guidelines also examine various aspects of port facility protection and areas of cooperation in preventing drug trafficking between ports and ships.

"Guidelines for the Prevention of Drug Trafficking and Drug Abuse On Board Ships" provide important professional guidance and a series of specific measures for ships to be mindful of, as well as training and operational procedures for ship-shore operations.

Measures to Prevent Drug Trafficking on Ships:

1. Chapter XI-2 of the International Convention for the Safety of Life at Sea (SOLAS) primarily focuses on enhancing maritime security measures, requiring regular security assessments of ships and port facilities, development and implementation of security plans, and provision of training and drills for personnel. These requirements help identify and address vulnerabilities that may be exploited by drug traffickers, thereby reducing any drug-related threats.

2. Conduct training for crew members on ship security responsibilities, port security risks, and crew security awareness in accordance with the specific requirements of the International Ship and Port Facility Security Code (ISPS) and Ship Security Plan (SSP). Inform crew members of the dangers and serious consequences of drug use and possession, raising their awareness to minimize ship security threats and prevent illicit individuals from using ships and crew members for drug smuggling. Cultivate and enhance crew members' awareness of security risks and the importance of timely reporting of suspicious activities or items. Crew members' vigilance and awareness of risk prevention are crucial in preventing drug smuggling incidents on ships!

3. Conduct regular security drills in accordance with ISPS and SSP to simulate scenarios involving drug smuggling, with exercises aimed at testing the skills, knowledge, and responses of onboard personnel in preventing drug smuggling.

4. Confirm with Port Facility Security Officers (PFSOs) that the port's 24-hour security alarm system and security team are available at all times to provide alerts and support in case of abnormal situations.

5. Consider the risk of drug smuggling at specific ports and ensure that ships obtain up-to-date information on comprehensive port security from local agents. If the port's security level is elevated due to increased drug smuggling risks, Ship Security Officers (SSOs), Company Security Officers (CSOs), and Port Facility Security Officers (PFSOs) should communicate effectively, cooperate actively, jointly conduct detailed risk assessments, take appropriate additional security measures to prevent drugs from being concealed on ships, and consider implementing related search plans.

6. Conduct background checks on crew members and embarkation personnel or review gangway logs to remain vigilant for any abnormal crew boarding or disembarking activities ashore to determine whether they are involved in drug abuse or illegal drug smuggling activities.

7. Install physical barriers such as grilles in areas such as the external rudder trunk, sea chest, seawater inlets and outlets, outer open areas, and thruster/propeller areas to prevent unauthorized access to these common target areas.

8. Develop ship arrival and departure search plans and modify and review them promptly as needed to prepare for comprehensive ship searches after departure and cargo operations.

9. Implement appropriate ship security measures according to the port's security level upon arrival. Strictly adhere to ISPS requirements, implement a gangway watch system, and a single entry/exit system for living areas; verify the reasons for visitors' boarding (including agents, port officials, suppliers, service providers, stevedores, etc.), check their identity documents and work orders, conduct random luggage checks, and implement measures such as wearing boarding permits, card systems, and ship boarding registration. Refuse boarding to anyone unwilling to cooperate or unable to provide appropriate identification. Report any suspicious situations immediately to the captain or chief officer and maintain relevant records.

10. Maintain good lighting in deck areas, boarding points, and waters outside the ship during port calls and anchorage. Lock off areas unrelated to port operations, including living areas, storage rooms, engine rooms, and restricted areas on deck. Monitor the movements of stevedores and other visitors on the ship and prohibit unrelated personnel from entering living areas. Authorized personnel entering living areas should be accompanied by crew members at all times.

11. Assign dedicated crew members to patrol the external deck. In addition to regular patrols on the deck and in boarding areas, record the activities of ships involved in relevant operations docked alongside the ship, monitor nearby boat activities or bubbles from divers on the surface, especially at night, and maintain adequate lighting in the surrounding waters. Illuminate suspicious areas with floodlights if any suspicious sounds, approaching boats, or underwater activities are detected, and immediately report any abnormal situations to the captain, who should report the situation to the relevant authorities. In this case, it is recommended to conduct underwater inspections or video recordings of the ship's bottom before departure. Some ports may require mandatory official drug inspections of the ship's bottom before departure, and if the ship has not sailed after more than 1 hour after arranging the underwater inspection, attempt to reschedule the inspection.

12. If it is discovered that stevedores or shore personnel befriend crew members and induce them to assist in smuggling illegal drugs, crew members should be aware of the potential risks of drug smuggling and report the situation to the captain or onboard security personnel.

13. Maintain high-security standards and use safety monitoring systems as much as possible in high-risk areas where drug smuggling is known. If the ship is equipped with closed-circuit?television or cameras, ensure that they are operational and cover the correct areas.

14. During cargo operations, duty personnel should conduct regular patrols to ensure that stevedores and other shore personnel stay away from crew living quarters and non-working cargo holds. If unauthorized personnel or suspicious packages of unknown origin are found on board, report to the captain or ship security officer immediately and arrange a ship-wide search.

15. Maintain surveillance of cargo hold loading and unloading to ensure that cargo is clearly monitored and no other items are loaded into or thrown into cargo holds along with the cargo. Keep non-working cargo holds or other sealed compartments closed. Check for signs of opening in non-working cargo holds or other sealed compartments and the integrity of container seals.

16. After completing cargo loading, immediately take photos of the cargo surface loading status and close the hatches to record that no other items were found in the cargo hold. If possible, arrange for a third-party independent ship inspector to seal the cargo hold after completion of loading and issue a report, and arrange for an independent ship inspector to unseal the cargo hold upon arrival at the destination port.

17. Before departure or when the ship moves to another berth in the same port after completing cargo operations, crew members should conduct a comprehensive search of the ship according to the pre-departure inspection checklist to check for any suspicious packages or bags.

18. When the ship docks at high-risk ports susceptible to drug smuggling, conduct drug inspections before departure and, if possible, underwater inspections. Contact the company to arrange for a third-party professional inspection company to conduct inspections of the ship's interior and bottom.

19. Before conducting underwater inspections, the ship's local agent should notify the competent authorities in writing, and then select supervisory inspections; even if the shipowner arranges for divers to inspect the ship's bottom below the waterline, the divers have a legal obligation to immediately report any suspicious packages found during the inspection to the authorities.

20. The captain and crew should remain extra vigilant when docking at high-risk ports, avoid leaving the ship alone, and avoid becoming targets for drug traffickers or coercion.

21. In known drug smuggling areas, companies can hire additional security personnel through local agents or arrange for watchmen to guard the ship, strengthening security during port stays.

All preventive measures taken and activities such as pre-departure drug searches should be recorded in the ship's logbook and can serve as evidence of the crew's diligent performance of their duties.

It is important to note that despite the reinforcement of the above preventive and deterrent measures against drug smuggling on board, situations beyond the control of the crew may still occur. Therefore, all stakeholders such as shipowners, charterers, ports, and authorities must collectively bear the responsibility for combating drug trafficking.

Once drugs are found hidden on board a vessel:

If a ship is found with concealed drugs, regardless of whether the crew is aware, the authorities of the port State will immediately initiate an investigation process. Law enforcement officers will take measures to detain the vessel, penalize the shipowner and the vessel, and the shipowner and crew may face criminal charges and arrest, depending on the specific laws of the jurisdiction.

Although the IMO has adopted the "Fair Treatment Guidelines" to protect seafarers' human rights during investigations into maritime incidents, requiring all due process to be provided to seafarers to safeguard their rights and prompt trials, drug-related incidents can still cause significant mental stress for the involved crew members and their families. Furthermore, they can result in delays in sailing schedules, loss of charter hire, and cargo claims, leading to complex contractual disputes among shipowners, charterers, sub-charterers, and cargo owners.

To assist vessels in taking necessary preventive measures to prevent incidents of illegal drug trafficking on board, the Baltic and International Maritime Council (BIMCO), the United States Maritime Drug Law Enforcement Act of 1986, the Shipowners' Protection and Indemnity Association (Shipowners), the Gard P&I Club, and the International Maritime Organization's "Guidelines for the Prevention and Suppression of the Smuggling of Drugs, Psychotropic Substances and Precursor Chemicals by Sea" (hereinafter referred to as the "Drug Smuggling Prevention Guidelines") provide the following guidance and protective information:

1. When drugs are found on board, charterers typically argue that shipowners have not exercised due diligence and failed to fulfill their seaworthiness obligations. Shipowners, on the other hand, may attribute drug smuggling incidents to voyages ordered by charterers to unsafe ports, leading to disputes over off-hire and cargo claims. To avoid costly and time-consuming litigation, parties should agree on clear terms in their charter contracts and bills of lading, specifying who should bear responsibility and related consequences and/or expenses in the event of drug smuggling incidents.

2. Intentionally allowing the possession, trading, or use of illegal drugs on board or allowing individuals under the influence of drugs to continue working on the ship constitutes a criminal offense. Shipowners and ship operators may face prosecution, leading to the detention of the vessel. Individual crew members' penalties may range from fines to imprisonment or even the death penalty, depending on the regulations of each country.

3. If the behavior of crew members using illegal drugs or under the influence of drugs endangers others or causes accidents on board the vessel, shipowners and ship operators may be held responsible for any resulting injuries or damages.

4. Shipowners should establish drug and alcohol policies on board in accordance with relevant conventions and regulations and are responsible for ensuring that crew members, charterers, and other third-party boarders understand and comply with their drug and alcohol policies while working on the vessel.

5. Operators and captains of vessels operating in high-risk areas should be familiar with and ensure that their onboard procedures refer to the Shipowners' Protection and Indemnity Association's "Drug and Alcohol Handbook" and the International Maritime Organization's "Drug Smuggling Prevention Guidelines."

6. If suspicious illegal items are found on board, crew members should remain calm and follow the company's guidance, promptly reporting according to the system documents.

7. If found alone, immediately call another person to witness the location of the suspicious package or bag. In other words, before taking any action, at least two crew members should witness the location of the suspicious package or bag, take photos, or record video continuously, and report to the captain and the ship's security officer.

8. To avoid damaging potential fingerprint evidence or useful clues, crew members should not attempt to puncture or open them and should not touch or handle these packages or bags without gloves and masks, let alone inhale, taste, or ingest the products to identify their nature.

9. Before the arrival of the supervising authority, the area should be locked or cordoned off; if it is necessary to move these packages or bags to a safe place, they should be locked, and guards should be arranged if necessary.

10. Detailed information about the discovered packages or bags should be recorded in the ship's log, but this information should not be disclosed to unauthorized personnel (disclosed restrictively to those who need to know).

11. Upon discovering suspicious packages or bags on board, immediately notify the authorities of the port State. Because failure to notify the authorities immediately may be seen as involvement by crew members and/or cargo owners in drug smuggling to some extent, while notifying the shipowner, company, port security officer, agent, P&I club, and flag State.

12. Before boarding investigations by the authorities of the port State, no crew members should leave the vessel. Crew members, shipowners, agents, and other representatives should fully cooperate with the investigating and evidence collection work of the authorities, avoid any radical actions, as they may not be conducive to ensuring the early release of the vessel and its crew. The captain must ensure the integrity of oral and written communications records for investigation and evidence collection.

In conclusion

Despite the implementation of various measures to prevent potential drug smuggling incidents on ships, the number of reported maritime drug trafficking incidents worldwide continues to rise, and currently, no shipping route can be considered entirely safe. The MarinSmart Platform Expert Committee?recommends that flag states, port state authorities, ship operators, and crew members fulfill their duties conscientiously and work together to ensure the effective implementation of the preventive measures mentioned above in high-risk drug smuggling ports.

Preview of the next issue:

The United States Environmental Protection Agency (EPA) plans to release the Vessel Incidental Discharge National Standards of Performance (VIDA) emission standards in the fall of 2024, replacing the 2013 Vessel General Permit (VGP). These standards aim to reduce emissions from 20 different types of commercial vessel operations, such as ballast water, graywater, exhaust gas cleaning system washwater, etc., to minimize their impact on the environment. Failure to strictly comply with ship pollution emission regulations when vessels enter US navigable waters may result in severe economic losses or even severe legal consequences for shipping companies and crew members.

Stay tuned for the upcoming article "Insights into US Ship Pollution Emission Regulations: VGP & VIDA"?from the?MarinSmart Platform Expert Committee!