BoC files fuel smuggling raps vs owners of two vessels

THE Bureau of Customs (BoC) has filed complaints against the owners and crew members of two vessels caught illegally transferring unmarked fuel. In an affidavit, the BoC said that crew members, operators, and owners of MT Tritrust and MT Mega Ensoleillee were charged with violating the Customs Modernization and Tariff Act, the National Internal Revenue Code, and the Tax Reform for Acceleration and Inclusion (Train Law). Fuel marking is required under the National Internal Revenue Code, as amended by Republic Act 10963, or Train Law, and Department of Finance-BoC-Bureau of Internal Revenue (BIR) Joint Circular. The fuel marking program is implemented by the BoC and the BIR to curb fuel smuggling, collect the right duties and taxes for the government, and level the playing field in the oil industry. BoC Commissioner Bienvenido Rubio underscored the need for swift action against fuel smugglers to foil future attempts. "Clearly, the respondents were engaged in the illegal transportation of undocumented fuel given the results of the fuel marking testing, which resulted in FAIL results and their failure to present a Withdrawal Certificate and other pertinent documents evidencing fuel marking and payment of correct duties and taxes for the fuel in their possession," the affidavit read. "Thus, all fuel that is properly imported is fuel-marked; on the contrary, unmarked fuel is presumed to be illegally imported," it added. BoC-Customs Intelligence and Investigation Services Director Verne Enciso said that based on the diesel fuel inventory of the two vessels, MT Tritrust contained more or less 320,463 liters. At the same time, MT Mega Ensoleillee was carrying 39,884 liters. "As we earlier reported, the unmarked fuel found in those two vessels amounted to P20.35 million, while the MT Tritrust was valued at P245 million and the MT Mega Ensoleilee at P450 million," he added. The total value of the fuel and two fuel tankers found by the BoC amounts to P715,350,000. In addition, the affidavit indicated that when the BoC team, together with the Philippine Coast Guard Task Force Aduana, asked the crew what they were doing in the Navotas Fish Port area, the captain of the ship answered that the vessels' owners ordered them to stay in that area for bunkering. However, when asked to present their bunkering permits, both captains admitted that they did not have one. Registration documents presented by both vessels showed that Megapower Petroleum and Shipping Corp. owns MT Tritrust and MT Mega Ensoleillee. Intelligence Group Deputy Commissioner Juvymax Uy, whose team received the derogatory information about the two fuel tankers, assured the public that appropriate cases would also be filed against Megapower Petroleum's directors, corporate officers and responsible officers. "As for the registered owners of these two vessels, we will not let them escape liability because whether or not they were aware of the circumstances of the vessels being involved in the 'paihi' modus, they must still face legal consequences for allowing the use of their vessels in transporting smuggled fuel," Enciso said.