List of Correspondents 2013 - The Swedish Club

Drug Warning Notice
The owners of this vessel will cooperate
fully with public authorities
in the criminal prosecution of anyone
bringing or helping to bring
illegal drugs or drug paraphernalia
for any purpose aboard this vessel.
Drug Smuggling Warning
Ships are often used as vehicles for drug smuggling. Drugs or illegal substances are hidden on the
ship itself or in its cargo. Customs authorities all over the world have intensified their search for
drugs on board. The consequences for the shipowner and crew can be very serious when drugs
are found.
In the USA the Anti Drug Abuse Act was introduced to prevent drugs from getting on board
through greater on board security. The simple means of achieving this objective being by levying
punishing fines on the shipowner and imposing jail sentences on those found guilty of having
smuggled the drugs.
The Act establishes that any person who knowingly or intentionally brings or possesses on board a
vessel a so called controlled substance shall be punished. For example a person committing a
violation involving 1 kilogram or more of heroin, 50 grams or more of "cocaine base" or 10 grams
or more of a mixture containing a detectable amount of LSD, shall be sentenced to a term of
imprisonment of not less than 20 years and not more than life and a fine not more than USD
4,000,000 if the defendant is an individual or USD 10,000,000 if the defendant is other than an
individual, or both. No person sentenced under this paragraph shall be eligible for parole during
the term of imprisonment imposed therein."
An option available to the authorities is confiscation of the entire ship – and seizure of the ship
followed by substantial delay while investigations are being carried out is not uncommon.
The amount of the applicable fine multiplied with the weight of the quantity of the drug discovered
has no maximum – so fines are basically unlimited. Initial penalties are regularly assessed
in tens of millions of dollars and although the amount can be reduced the owner has a very
difficult burden of proof to sustain.
The owner must show that he exercised “the highest degree of care and diligence”. While investigations
are going on the ship will remain under arrest. Criminal proceedings will be instituted
against anybody on board who might be involved in the smuggling.
The U.S Customs Service has issued a Sea Carrier Security Manual in which it describes routines
and procedures which they expect an owner and the officers to implement. Only compliance to
the letter with the contents of the manual will be accepted as a proof that the owner has
exercised “the highest degree of care and diligence” which may then result in a reduction or
withdrawal of the fine.
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