COLOMBIA

Drug Smuggling
REPORT
March 2022

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 Cocaine Production
in Colombia.
Colombia currently accounts two thirds of the global area under coca
bush cultivation and cocaine production. According to the United
States Department of State Bureau of International Narcotics and Law
Enforcement Affairs, it is estimated that Colombia´s potential pure
cocaine production increased from 918 metric tons in 2019, to 1,010
metric tons in 2020, which ratifies its undesirable position as the
greatest cocaine producer in the world .

The United Nation’s Office on Drug and Crime (UNODC) established

that the majority of the cocaine trade around the world is done by sea
transport, therefore, this issue tends to become more and more
problematic for shipowners and operators, especially when departing
from a Colombian port considering that in 2021, the Colombian Navy
broke its historical record of drug seizures with 403 tons of illicit sub-
stances confiscated.

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Most common strategies/methods
currently used by drug traffickers.
Colombian drug traffickers develop every day new complex trafficking patterns to use
commercial vessels and their crews to transit illicit substances, especially cocaine,
worldwide.
Even though Colombian shipping terminals comply with ISPS standards and the Navy and
local authorities have implemented several controls to avoid and prevent drug smuggling,
drug traffickers have developed creative ways to hide illegal drugs inside and outside the
vessels calling at Colombian Ports.

The most common strategies/methods

currently used locally by drug traffickers
include:

Introducing bags filled with drugs in the sea

1 chests and/or attaching them to the vessel´s
hull, rudders, anchors, propeller, vents, or
water inlets; using divers while the vessel is
berthed or at anchorage.

Hiding relatively small amounts of drugs in

2 certain remote locations onboard (e.g. cabins,
funnels, decks, store room or engine room)
with collaboration of stevedores or even crew
members. In some cases, visitors (with or with-
out collaboration of the crew) board the vessel
and quickly hide these packages in certain
remote locations.

Placing illegal substances within sealed con-

3 tainers before loading. One of the most

Drug traffickers common methods currently used by drug

traffickers all around the world is to break into
have developed containers and hide drugs within the cargo,
replacing then the security seals (usually this
creative ways method involves certain level of collaboration
from the terminal operators and/or the cargo
to hide illegal agents). Most targeted containers are reefers.
drugs

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 Burying packages with drugs within bulk
4 cargoes. This method allows high quanti-
ties of illegal substances to be moved at
any time, usually within the stow.
 Trafficking routes
from colombian
ports. 4
Colombia continues to be the primary cocaine
trafficking producer to North America and
Europe. According to UNODC in 2019, 87% of
the cocaine seized coming from abroad in the
United States was originated in Colombia.

However, it is important to note that less than 1% According to the UNODC and national authorities,
of the cocaine found is smuggled directly from the cocaine trafficking main routes to the United
Colombia. Conversely, drugs transit through a States begin in the Andean Countries departing
number of countries and ports before finally mostly from Colombia and Ecuador. Drug
reaching the final destination. trafficking is conducted mostly through the east-
ern Pacific route (74% of all cocaine smuggled to
North America), the western Caribbean route
(16%) and the Caribbean route (8%).
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Preventive Measures
Vessels calling to Colombian ports should take actions to reduce the risks of drugs being
placed in any manner in/on the vessel. To fully protect Member´s interests concerning
drug smuggling at Colombian ports, we recommend the following advice and preventive
measures:

1 Current situation and specific risks at Colombian

Ports

Colombian ports present some risks in terms of drug

trafficking and, although there are law enforcement
authorities in all the ports, we would like to suggest the
preventive measures discussed in point 2.

Drug inspections performed by the Colombian navy are

mandatory at the following ports: Puerto Drummond,
Puerto Nuevo, Puerto Bolívar, Puerto Brisa and all Ecop-
etrol Terminals. In these places, it is advisable that a
surveyor monitors the inspection, coordinates with the
different involved parties and reviews the respective
report.

In the rest of Colombian ports, underwater inspections

are not mandatory, but advisable due to drug smuggling
risks. Normally, said inspections can be undertaken by
the navy or by private diving companies.

2 Recommended measures before entry

The crew going ashore should be informed that it is

common practice in Colombia that drug traffickers may
seek to be friendly just to achieve their co-operation to
smuggle drugs and that local authorities are likely to act
forcefully against any crewmember who is considered
to be associated with drug traffickers.

The owners and operators of vessels trading in

Colombia must ensure that the Ship's Security
Plan (SSP) is regularly reviewed and updated.

The ship´s agent must provide the Master with the

relevant updated data related to the Colombian Port.
The Master should demand prompt delivery of this data
from the ship´s agent.

The ship should keep accurate records of all activities

observed and the actions taken by local authorities,
stevedores and other shore-based personnel and crew
before entry into port, during the stay and immediately
after departure. aamultiprime.com
 3 While in port or at anchor

Prior to Sailing, an underwater inspection could be

undertaken by a reliable private Diving Company in
presence of the P&I Correspondent, to ascertain that no
illegal substances are attached to the vessel below her
waterline.

Although Colombia’s terminals comply with ISPS stan-

dards, it is advisable to provide extra private security on
board monitored by the P&I Correspondent. In this
regard permanent watchmen should be present in areas
where stevedores or repair technicians are working
onboard the ship. During hours of darkness all areas
should be well lit to facilitate visual monitoring of activi-
ties. Any suspicious activities conducted by third
parties on the vessel should be reported to the Master.
Attention should be paid to any boats approaching the
vessel and any suspicious activity in the vicinity of the
ship which may warrant further investigation. The use of
a searchlight during nighttime should be considered.

The crew member on guard should undertake body/be-

longings searches at all times to people entering the
ship (not just randomly as it usually happens). Even
guards going on board should be body searched (and
their belongings).

The crew should perform regular shipboard inspections

throughout the duration of the port call. As explained
above, it would be very advisable to employ additional
security guards from trusted providers. When
broken/missing seals for compartments, lockers,
containers etc., are discovered an investigation should
be conducted and if nothing is found the seals should be
replaced by the crew. A record should be made in the
logbook together with a note of the outcome of the
The crew should investigation/search and the relevant seal numbers.
perform regular
shipboard inspections Even detailed searches prior to departure can some-
times be inadequate due to the inaccessibility of some
throughout the areas of the vessel. Sometimes, the best defences are

duration of the port call physical barriers on the inside and outside that limit
entry.

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 Secure and lock areas such as accommodations and deck stores and strictly moni-
tor the activities of stevedores, contractors, and other visitors. Stevedores and
other shore personnel should be kept away from crew quarters and non-working
cargo holds, and these spaces should remain closed.

The shoreside gangway ladder should be kept well-guarded. The seaside ladder
should also be stowed, secured, and surveilled.

It would be important to include in the Gangway Logbook (or in another ship’s

registry) the registration of every person boarding the ship, including stevedores,
operators, and even private guards (not only authorities and agents as it usually
happens).

The crew must inform the Ship Security Officer or Master if they are unsure whether
a person has a legitimate reason to be on board and deny access to those who
refuse or are unable to establish their identity and purpose of visit.

Extra crew members (or extra private guards) should be tasked to keep watch on
persons loitering on deck or elsewhere or board and, if possible, try to avoid leaving
outsiders (stevedores etc) wandering alone on board.

Sealing of cargo holds should be arranged by an independent surveyor upon

completion of loading of solid bulks.

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Actions to be taken
1
if drugs are found onboard.
If drugs are found onboard, the following actions would be highly
recommendable:

The P&I insurer, the local P&I correspondent,

and the shipowner/manager should be
immediately contacted.

Formally inform and provide all the available information to the

Police at the port. This can be done directly by the Master, or
through the Vessel's agents at port. This will mitigate the risk of
the Master and the crew becoming part on the criminal investi-
gation undertaken by the Colombian Prosecutor's office when
drugs are found.

The drugs must not be touched.

Photograph or video the area of the ship where the drugs were
found but leave it untouched and seal it off to prevent any
unauthorized access.

If drugs are found on board by the authorities, the crew members

and the Master will be temporary placed under authorities' custody
and they will be part on the preliminary investigation. The vessel will
be also detained at port for further investigation. Sometimes, when
drugs are found within containers, these latter become apprehended
as they are considered evidence under the criminal process.

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 Additionally, it is important to note the strict punishments
1
established under Colombian law for events of drug trafficking:

Administrative investigation by HM: If the HM decides to open an investigation for

breaches to Colombian port security regulations (i.e., ISPS Code), the proceeding may
last around 3 years and the worst-case scenario would be that the HM issues a fine
against the ship at the end of the investigation. This fine should not be higher than USD
10,000 (although in theory these fines could go up to USD50,000 in practice they are
almost never higher than USD 10,000).

Criminal investigation by Public Prosecutor: in case the vessel/crew is involved at the

criminal investigation, the vessel may be detained, and the crew imprisoned (if there
has been a change of all the crew, then only the ship detention would apply). Additional-
ly, please find below the relevant Colombian criminal regulations on drug smuggling
(these are worst-case scenarios): the Colombian criminal code states that any person
involved in the traffic, production or carriage of illegal drugs will be subject to the penal-
ty of imprisonment from eight (8) to twenty (20) years and a fine of between 1,000 and
50,000 Colombian monthly minimum wages.

The same code states (Article 377) that any person that may use or allow the use of
movable goods for the production, storage or carriage of illegal drugs will be subject to
the penalty of imprisonment from six (6) to twelve (12) years and a fine of between
1,000 to 50,000 Colombian monthly minimum wages. If the shipowner is found guilty of
any criminal charges by a court, the vessel could be permanently seized by Colombian
authorities.

The general rule pursuant article 1544 of the

Colombian Commercial Code is that shipowners
are jointly and severally liable for their vessels´
masters´ faults, however, this extension of liability
would not be applicable in relation to criminal
charges.

For a shipowner to be found guilty in a criminal

proceeding, it would have to be proven that he
determined the commission of the crime (i.e.,
convincing the ship’s crew to carry drugs), or that
his operation was directly aimed to the commis-
sion of the crime, either independently or in collab-
oration with other criminal organizations.

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In all of the aforementioned events, our
company A&A Multiprime is able to provide
immediate assistance by appointing a
trusted surveyor to monitor the whole
procedure and assist the master, and, if
necessary, appointing one of our trusted
criminal lawyers to defend the member's
interests, as we have done successfully in
the past.

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 Contact with us:
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comments or Phone : +(571) 314 2844799

questions, please do +(571) 314 4153991

not hesitate to contact Gmail : [email protected]

us. Website : aamultiprime.com
Address : Av Cra 19 # 114-09 Oficina 205
Bogotá, Colombia