Eye-Watering Financial Penalties and Jail Time: Lomé Port’s Unexpected Crackdown on Informal Exchanges

Lomé’s bustling port serves as a warning for ships calling in: engaging in informal exchanges with local fishermen could lead to significant financial penalties and imprisonment.

Vessels Detained for Casual Transactions

Three vessels have fallen afoul of Togolese customs officials after engaging in small-scale, seemingly innocuous transactions with local fishermen, such as exchanging barrels of sludge, water bottles, and scrap for seafood or SIM cards. Even these seemingly innocuous transactions have resulted in fines and left companies and captains shocked.

Local Fishermen Detained and Ships Prevented from Sailing

Following these incidents, local fishermen were detained upon their return to the port of Lomé. Ships were then prevented from sailing again while customs demanded fines, citing the informal trading as smuggling. Customs officials remained reluctant to discuss fine amounts unless formal documents, known as “Procès Verbal de Constat” or “PV,” are signed by a officially authorized representative, with no opportunity to add typical disclaimers like “Without Prejudice” or “For Receipt Only.”

Factors Determining Fines for Smuggling Activities

Fines for such smuggling activities are calculated based on several factors, including:

• The value of items exchanged
• The combined estimated values of all vessels involved
• Customs duties of between 28-49% on both exchanged items and vessels’ estimated values

Togolese Customs Code

Togolese Customs Code Articles relevant to this issue include:

• Article 60, Paragraph 2: No goods can be discharged or transferred without customs’ written authorization, with all transactions happening in their presence.
• Article 340, Paragraph 1: Ship captains, boat owners, and aircraft commanders are considered accountable for manifest accuracy and violations committed aboard.
• Article 372, Paragraph 1: Undeclared imports consist of prohibited or heavily taxed goods, including smuggled and undeclared items.
• Article 359, Paragraph 1: Smuggling, undeclared imports, and related offenses are punishable by double the object’s value in fines (up to 130 million Euros), imprisonment (up to 10 years and 5 times the value for dangerous goods), and confiscation of the object, means of transport, and any concealment items.

Recommendation

To avoid this heightened scrutiny, vessels are advised against engaging in any bartering activities, even during casual anchorage visits in Lomé’s waters.

Skuld would like to express its gratitude to the BUDD Group for bringing this concerning alert to the attention of the maritime community.