Back
Mehmet ÖÇ
Customs Consultant
The type of transportation carried out by ships, ferries and similar sea vehicles is called maritime transportation. Maritime transportation has a very important position in international trade today as it did in the past. In Turkey, which is surrounded by sea on three sides, there are natural ports that can be reached by sea as well as artificial ports protected by breakwaters.
According to the “Ports Regulation” published in the Official Gazette dated 31.10.2012 and numbered 28453, “Ship: Any vessel that can navigate the sea with a device other than oars, regardless of its name, tonnage and purpose of use”, it is defined as. Maritime transportation reduces the cost of transportation and makes a great contribution to the economy and human welfare. Today, 90 percent of the total cargo in the world by weight is transported by sea. The proverb “Nations that dominate maritime trade also dominate the world” still has a meaning in maritime circles.
Modern world maritime trade has developed with the international relations that started to increase in the 19th century and has reached the present day. In order to create a discipline based on international rules for maritime trade that is increasing day by day, the establishment of the ‘International Maritime Organization’ (IMO) was envisaged at the United Nations Maritime Conference in 1948. Following the organization’s preparations, it was established in 1958 under the name of ‘Inter-Governmental Maritime Consultative Organization’ (IMCO) and began its activities. With the work of IMCO, the rules that determine the authority and responsibility between the carrier and the shipper were put into practice.
According to the purpose of transportation, ships are classified as “cargo ships”, “passenger ships” and “warships”. As in the rest of the world, the control processes of ships and warships that carry out international cargo and passenger transportation are important in our country. Many national and international regulations and control procedures have been determined on a national and regional basis for the protection of human, plant, animal health and the environment. In our country, as an exception, transit ships passing through the Bosphorus and Dardanelles Straits are not subject to control in accordance with the "Montreux Straits Convention" signed in 1936. These ships may be kept under external surveillance.
Warships belonging to the Turkish and foreign navies, air warships belonging to the Turkish Air Force and air warships of foreign states arriving with the permission of the President are not subject to customs surveillance if they do not contain any goods. However, in the event that goods are brought with these vehicles, the goods are reported to the relevant customs administration in a list by the ship captain or the person he authorizes for customs procedures to be carried out.
We can list the main regulations in force regarding ship controls and the international agreements to which we are a party as follows:
- Customs Law No. 4458
- Customs Regulation
- Ports Regulation
- Communiqué on the Procedures and Principles of Customs Supervision and Control in Transportation and Loading and Unloading by Sea Vehicles between Turkish Ports and Piers
- Ship Agency Regulation
- Regulation on Waste Collection from Ships and Control of Wastes
- MARPOL Convention
Before a domestic or foreign flagged ship that will call at a port for commercial purposes to load or unload cargo arrives at the port of call, the ship owner or the charterer of the ship appoints an agent according to the carriage agreement of the cargo it carries. Turkish and foreign flagged sea vessels entering the Turkish Customs Territory are subject to customs supervision and control until they leave this territory.
Ships arriving at the Turkish Customs Territory must first obtain a “free practice”. Free Practice Application takes precedence in cases of suspicion or imminent threat of a contagious disease among the diseases specified in the International Health Regulations or reported by the World Health Organization, or in cases of extraordinary circumstances and public health risks. Any ship coming from abroad and intending to contact Turkish coasts or ports is required to display a quarantine flag and use the relevant signs unless it obtains a free practice from the authorized coast health inspection center. The ship arrival petition containing information about each ship that will come from abroad to Turkish coasts or ports is submitted to the coast health inspection center by its agent at least 24 hours before the ship’s arrival; and for ships making shorter voyages, before arrival. The authorized shore health inspection center conducts a risk assessment regarding the health status of the ship. If there is no health risk, “free practice” is given while the ship is offshore, that is, before boarding the ship. The “Free Practice Card” issued is given to the authorized agency of the ship, and the ship’s transactions with other institutions are initiated.
Ship agencies notify the relevant Customs Enforcement unit by making the “General Maritime Notification” electronically at least two hours before the arrival of their ships at the port. The Customs Enforcement Ship Control Section Directorate conducts the arrival checks of ships arriving at the port. During ship arrival and departure checks; documents related to the cargo (manifest, bill of lading), personnel and passengers if any, fuel amounts, solid and liquid waste amounts, number of drinks and cigarettes, health patent, previous port exit documents are checked, and an inquiry form is prepared regarding the inspection. As a result of the procedures, a copy of the inquiry form and its attachments is delivered to the ship captain.
In cases of notification, suspicion, conflict in loading and transportation documents, risk analysis or when deemed necessary by the customs administration; a plan showing the secret places of the ship, holds, compartments and entrances, a certified navigation log, electronic navigation systems, turnover logbook and other relevant documents are requested and the ship is subject to control according to these documents. Ship search teams can also be used for controls within this scope.
During the controls, the covers of the holds containing goods that are not in free circulation and will be taken to other ports, as well as surplus consumer goods, and other places deemed necessary are sealed. These seals are removed before the ship departs. The information in the “General Maritime Notification” of the sea vessel whose arrival is reported and the attached documents are examined in the system and the approval process is carried out. Following the approval process, permission is given to unload the ship’s cargo.
Control of ships in maritime transportation is also of vital importance in preventing smuggling activities. The strict implementation of ship controls by countries in accordance with international regulations contributes to the minimization of international human, animal and goods smuggling.
I would like to conclude our article with Mustafa Kemal Atatürk’s words on the subject.
“Maritime will be understood not only as a transportation business but also as an economic business, and shipyards, ships, ports and piers will be built, sea sports clubs will be established, protected and developed. Because: The border of a nation whose land is the sea is drawn by the limits of its people's power and talent. Turkey, which is in the most suitable geographical position and surrounded by seas on three sides, has the ability to raise a most advanced maritime nation with its industry, trade and sports. We must know how to benefit from this talent. We must consider maritime as the great national ideal of the Turks and achieve it in a short time.
QUESTIONS:
Question 1 – Which institution does the relevant agency notify in the first stage of ship inspections?
Answer: The agency first notifies the authorized coastal health inspection center. This unit makes a risk assessment regarding the health status of the ship. If there is no health risk, “free practice” is given while the ship is offshore, i.e. without boarding the ship.
Question 2 – How are ships generally classified according to their purpose of transport?
Answer: According to their purpose of transport, ships are classified as “cargo ships”, “passenger ships” and “warships”.
Question 3 – What is the name of the international agreement regulating the transit passage of ships through the straits?
Answer: Transit ships passing through the Istanbul and Çanakkale Straits are not subject to control in accordance with the “Montreux Straits Convention” signed in 1936. These ships can also be kept under surveillance from outside.
Question 4 – How many hours before the ship’s arrival should the relevant health inspection center be contacted?
Answer: The ship arrival petition containing information about each ship that will arrive at Turkish shores or ports from abroad is submitted to the coast health inspection center by its agent at least 24 hours before the ship arrives; and for ships that make shorter voyages, before the ship arrives at the port.
Question 5 – How many hours before the ship’s arrival should the relevant customs enforcement unit be notified?
Answer: Ship agencies notify the relevant Customs Enforcement unit by making an electronic “General Maritime Notification” at least two hours before the arrival of their ships at the port.
