Turkey preserves keeping a firm grip on declared bunkers on vessels that enter Turkish waters. As many of the people who work in the maritime-related field know, Turkish authorities hold a strict approach when it comes to bunkers declared on vessels, and strictly apply regulations. Excess bunkers are considered as direct harm to the government's benefits; since the government is taking taxes from bunkers which are to be put on the commercial circullarion in Turkey. An undeclared bunker is open to be deemed as if it has been introduced and undeclared with "financial interests". Avoiding the tax obligation is the said "financial interest" in the matter at hand.
Especially as of 2020, random inspections, unplanned & unannounced appearances of customs officials have increased and kept the risen level with periodic varieties. Nowadays, the random inspections are once again increasing, and vessel operators are being subject to above said strict applications. Once the officials come on board they conduct their own measurements and compare with the amounts declared previously. Any discrepancy detected is open to be considered as "bunker smuggling" defined under Code no 5607. The "undeclared bunker" is to be confiscated by the authorities, which means the "undeclared bunker" is to be discharged from the vessel. Conclusions of "undeclared bunker" shall be evaluated from different perspectives; there are different outcomes for the vessel operators to deal with. Vessel operators can be responsible for damages arising from the delay of the vessel and many other financial and legal problems.
As mentioned above, the "undeclared bunker" is to be confiscated and discharged from the vessel. Discharging the bunker is a process that requires time and special equipment (most of the bunkers confiscated are inside the tanks and are proper to be consumed but not to be discharged.) Until the bunker is completely discharged, the vessel is to be
banned from sailing. Another way to release the vessel, apart from the confiscation of the bunker, is providing a letter of guarantee which is a promise to compensate the damage to the government if the alleged smuggling becomes solid. Although it seems like a faster process than confiscation, the legal bodies usually do not accept the "Letter of Undertaking" issued by P&I Clubs and require a letter of guarantee issued by a bank. Issuing a bank letter of guarantee is a long period as well, especially concerning the importance of hours in maritime.
Another perspective to be considered shall be the administrative fines due to the breach. The fine can be modest; yet, the modesty can depend on the financial situation of the owner. The other point is the criminal charges that the crew members, mostly the master and the chief engineer. When there is "undeclared bunker" detected on board, the master and the chief engineer are invited to give statements before the customs authorities. Once the statement-giving period is completed, usually, the master and the chief engineer are released, yet the customs authorities commence to collect documents and provide the documents to the Public Prosecutor (the "PP"). The PP commences to investigate the alleged smuggling and may decide in two ways: "non-prosecution" or "to issue an indictment for commencing the legal proceedings". If the PP decides to issue an indictment, the authorized court is to hear the case. Upon a trial, the suspects can be face to serious punishments such as fines or even imprisonment. Therefore it is important to give the statements properly.
As it can be seen, any bunker discrepancy found on board can cause serious problems, therefore, having extra caution during calculations and measurements and even double checking can save vessel operators from long term problems.