Commercial Shipping Smuggling
Commercial Shipping Smuggling or Commercial Cargo Smuggling is the process through which traffickers smuggle illicit goods (outlawed/banned products such as guns, weaponry, etc... or products evading tariffs) across state borders using commercial cargo ships. This method of smuggling is both hard to detect and difficult to catch the perpetrators of, thereby allowing smugglers to more easily evade enforcement agencies (Police, Drug Enforcement, Coast Guard, Customs, etc...). This often places innocent crew members, charterers and shipping companies in a difficult and suspect position. There are documented instances, such as the Coral Sea and Therese incidents, where the captain of a ship was prosecuted and jailed for smuggling drugs, despite having no knowledge of the smuggling and overwhelming evidence to suggest their innocence.[1]. However, it isn't just the captain that can be affected, crew-members have also been jailed, vessels confiscated and large fines and penalties levied against shipowners[2][3]. Not to mention that any perishable goods on board will spoil and shipping companies lose valuable time and therefore money[1]
Appeal
Global maritime shipping is a massive industry that on average endeavors to ship 350 thousand containers, or Twenty Foot Equivalent Units (TEUs), everyday.[4] and accounts for roughly 90% of the world's total trade volume[5]. Because of the sheer quantity and pressure to improve speed, even the most sophisticated ports can only manage to inspect 5% of cargo passing through[6]. Moreover, these inspections are often performed randomly or when enforcement agencies are given a tip.
Furthermore, the actual transporters, i.e. the ship’s crew often have no knowledge of any illegal activities[7]. Therefore, even when illicit goods are intercepted, there is often no way for enforcement agencies to trace them back to their source or desired destination, unless the smugglers are caught in the act.
Finally, this method of smuggling is often considered a safe way, if not the safest, to increase the volume of a load[8]. For instance, the largest drug seizure in Belgium was 3 tons of cocaine found in a banana container[7] and the largest drug seizure in history was 20 tons of cocaine found in the containers of the Panamanian ship Gatun[1].
Methods
The major obstacle to smugglers is getting access to the ships and or containers. In 2014 the International Maritime Organization (IMO) published an updated version of its code of practice for packing of cargo transport units. This code highlights that containers should be regularly checked, there should be proper documentation of the contents and the containers must be sealed with special, identified locks once packed[9]
Once the container has been sealed, any signs of tampering on the lock will likely cause enforcement agencies to inspect the contents. Therefore, smugglers have been known to create real, operational companies that use global maritime shipping routes to transport their legitimate goods around the globe. Once these companies have built up a legitimate reputation, smugglers then begin to package illicit goods within their legitimate goods, concealing them through various methods.[10]. Another method of gaining access is by bribing port workers, technicians and repairmen. This gives smugglers access to various aspects of the container such as refrigeration units, the actual structure of the container or the ship itself [7]
Once the smugglers have gained access to the containers or the ship, they tend to hide their illicit goods in three manners, either inside the container and mixed in with other legitimate cargo, within the structure or construction of the container, or hidden on the ship.[1]
Some examples of drugs being hidden within the container are: within hollowed products like fruits and vegetables, fence posts, and battery cavities, mixed in liquid substances such as oil, juices, vegetable oils, water or cleaning substances, soaking fabrics such as jeans, jackets and shirts, or even dried rice in liquid drugs, mixing drugs into the fabrication of plastic based products like PVC, ornaments, toilets and furniture, hiding it within crating or packing material such as crevices within pallets or even between the corrugations of cardboard, and simply just bags hidden by being mixed in with the cargo.[10]
Within the structure/construction of the container, drugs can be smuggled by hollowing out the insulation of the walls, floors and roof, within a refrigeration unit, the top and bottom rails and portions of the door and support beams are hollow and fake walls and false compartments/walls can be made.[10]
On the ship, the insides of the cargo bays, ventilation shafts, crawl spaces, insulation space, rope and storage lockers, engine room, accommodations, supply closets, life boats, etc… are all places where drugs can be hidden.[10]. Smugglers have been known to use couriers on the ships, either stowaways or crew members, to hide these drugs on the ship and retrieve them upon arrival. Finally, divers have been utilized to attach “torpedoes”, which are detachable waterproof containers, to the hull of ships[10]
When it comes to retrieval of illicit goods, smugglers usually either have them shipped out of the port or they retrieve them at the port. While they can attempt to sneak in and retrieve the goods themselves, bribery is once again a common practice instead. One method of retrieval is called the “rear rip-off”. This technique is very popular in ports that have X-ray systems to check import containers prior to dispatch from the port..[10]. This method entails placing the desired boxes and bags near the rear door of the container, then port workers, who now have easy and fast access to the illicit goods, extract them prior to local customs having the opportunity to inspect the container[10]
Enforcement
One method of enforcement is the denial of access for both placement and retrieval of illicit goods. Often this has a lot to do with increasing port security by implementing perimeter barriers, secure entrances and windows, access control, proper lighting during the night, segregated parking areas and CCTV systems.[10]
Another method is the detection and interception of illicit goods. One common practice is hull scans for torpedoes before a ship leaves port. Another method is a physical inspection of flagged containers, but this method is gradually being replaced by more efficient and non-intrusive inspection. This usually entails using X-rays to scan for unusual cargo. However, this method is not the most efficient in catching drugs.[11]. Recently, there have been some developments using MDCT scans on containers. MDCT scans can produce a more detailed scan of an entire container in less than 40 minutes[11]. These scans can be so detailed that they can detect drugs dissolved in liquids by measuring the mean opacity of the liquid[11]
Another improvement that can be made is using data-driven fraud detection to select what containers should be inspected, rather than the current random audit system.[4]. Data-driven fraud detection would utilize software programs that analyzes shipping documents to detect trade and itinerary patterns and searches for deviations in these patterns[4]. Cargo that deviates from the norm would be flagged for inspection, thereby improving the efficiency and accuracy of inspections and increasing the effectiveness of an enforcement agency’s ability to seize illicit goods[4]
Possibly the biggest obstacle for enforcement agencies is corruption. Bribery is often how smugglers circumvent both the extensive security measures of container procedures and port security measures in order to both hide the illicit goods and retrieve them. Port workers, crew members, inspectors, and technicians often aren’t paid a lot and are therefore highly susceptible to bribes, especially when a singular job in Europe can pay €1000-€30,000[6][7][10]. Moreover, these jobs could be as simple as turning a blind eye, making sure a container is in a certain place, or delivering discharge paperwork to traffickers[7]. In these instances, the port-worker often isn't even fully aware of what they are doing and if caught are of little use to enforcement agencies.
References
- ↑ 1.0 1.1 1.2 1.3 Radionov, Nikoleta. “Presumption of Shipmaster’s Criminal Responsibility for Narcotic Drugs in Ship’s Cargo.” Poredbeno Pomorsko Pravo, vol. 49, 2010, pp. 269–308.
- ↑ Jorgensen, Rasmus. "Smuggling". BIMCO. Retrieved 15 May 2019.
- ↑ "Drug Smuggling Alert for Commercial Shipping". The Maritime Executive. Retrieved 15 May 2019.
- ↑ 4.0 4.1 4.2 4.3 Triepels, Ron, et al. “Data-Driven Fraud Detection in International Shipping.” Expert Systems with Application, vol. 99, no. 1, 2018, pp. 193–202.
- ↑ Ridgwell, Henry. "Cargo Vessels Evade Detection, Raising Fears of Huge Trafficking Operations". VOA News.
- ↑ 6.0 6.1 Machalaba, Daniel. “Deadly Cargo: Even Legitimate Ships Are Falling Victim to Drug Smugglers.” Wall Street Journal, Eastern Edition, 18 May 1989.
- ↑ 7.0 7.1 7.2 7.3 7.4 Paoli, Letizia, et al. “The Harms of Cocaine Trafficking: Applying a New Framework for Assessment.” Journal of Drug Issues, vol. 43, no. 4, 2013, pp. 407–36.
- ↑ Decker, Scott, and Margaret Townsend-Chapman. Drug Smugglers on Drug Smuggling: Lessons from the Inside. Temple University Press, 2008.
- ↑ International Maritime Organization. IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (CTU Code). 16 Dec. 2014, http://www.worldshipping.org/industry-issues/safety/MSC_1-Circ_1497_-_CTU_Code_Jan_2015.pdf
- ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 McNicholas, Michael. Maritime Security: An Introduction. Second Edition, Elsevier, 2016.
- ↑ 11.0 11.1 11.2 Grabherr, Silke, et al. “Detection of Smuggled Cocaine in Cargo Using MDCT.” American Journal of Roentgenology, vol. 190, no. 5, 2008, pp. 1390–95.
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