KARACHI: More than 30 media houses including TV channels and newspapers, a large number of chambers of commerce and leading businessmen have raised the issue of blackmailing and threatening by the shipping line Maersk and its subsidiary M/s Maersk Pakistan (Pvt) Ltd and demanding heavy amounts of illegal demurrage and detention charges from genuine importers.
After the media and chambers expressed their concern on sheer violation of rules and regulations by the shipping line, Maersk started threatening media through unscrupulous persons and letters written by unknown persons, without signatures and proper designations but put on Maersk letter heads, to hush up the Rs 15 billion demurrage and detention scam.
Maersk Line has used this tactic to spread panic among the journalists. Media persons are feeling unsafe from such threats of civil and criminal proceedings or defamation claims of billions by Maersk Line and have decided to approach journalists’ organisations to raise the issue. They would also approach the local police stations for lodging FIRs against the officials of Maersk and also to get security for themselves. It is unfortunate that Pakistan has been ranked 139th out of 180 countries in the 2017 World Press Freedom Index maintained by the Reporters Without Borders (RSF). The govt wanted to introduce ‘Whistleblower Act’ to eradicate corruption from all departments but if journalists are threatened and not allowed to work freely then how could they expose such corruption by bigwigs including shipping line Maersk.
Journalists like Asad Kharal have been exposing the mega scam of Maersk since last few months. He has already been attacked immediately after exposing the Rs 1,000 billion customs green channel scam but he remained unmoved. Asad Kharal has been active in unveiling many mega scams and corruption cases where big and powerful individuals, bureaucrats and political personalities are hooked. He repeatedly published full page appeals to the Chief Justice of Pakistan in Customs Today newspaper on the Rs. 1,000 billion mega scam of green channel. Big names like Mobilink and QMobile were reported to be involved in the mega scam. On 1 June 2018, he appeared at the Supreme Court and filed complaint along with the copies of the appeals. Chief Justice of Pakistan Mian Saqib Nisar took notice of the complaints and called for reports from relevant quarters within 10 days. On the very next day of this letter, Asad Kharal was attacked by ‘masked men’ near Allama Iqbal International Airport. But still he remained committed with his job and kept on disclosing huge scams like Rs 15 billion demurrage and detention scandal by shipping line Maersk.
After media exposed Maersk since last couple of months, yet Maersk has never been able to come up with any response on why they are violating the law prescribed under SRO 1220 (I)/2015. Instead of giving any legal explanation to SRO 1220 (I)/2015, Maersk has stooped to such unethical means of threatening the media through anonymous letter now. Law under SRO 1220(I)/ 2015 explains that shipping companies cannot charge any demurrage and detention where specifically it is not agreed and also specifically not mentioned on the B/L (Bill of lading).
Sources said Maersk Line is operating at this moment but Customs Preventive has started procedure to cancel their licenses under Section 14A of the Customs Act 1969 and under rules 603 (Q), 603 (R), 604 (Q) and 607 (E), others of SRO 1220 (I)/2015. And Federal Investigation Agency (FIA) Corporate Crime Circle Karachi has also taken up the issue of blackmailing and cheating by the shipping line by issuing a letter No FIA/CCCK/VRF-52/2018/5486-87 in this regard.
Sources said that the shippers are more interested to know about what will happen to their goods if they load them today on these vessels and in the near future require delivery of those goods at Pakistan ports. Whether they will be able to get the goods delivered at Pakistan ports in the event of cancellation of the licenses of these companies which is under process now with Customs preventive.
Sources said though these shipping lines are vehemently denying and saying their licenses are not yet cancelled but importers of Pakistan should be careful for booking their containers with these shipping lines which would not be allowed to call their ships on ports in the event of cancellation of their licenses. When licenses are cancelled of these shipping lines then the goods loaded on them would have to be called at transit locations like Dubai, Singapore, etc. instead of reaching Karachi ports.
At least 30 newspapers and TV channels, several chambers and lawyers have taken up the issue of blackmailing by this shipping line and their agents. Specifically Senator Ilyas Bilour, former KCCI President Muffasar Atta Malik, President Sarhad Chamber of Commerce and Industries Faiz Muhammad, President of Pak-Afghan Joint Chamber of Commerce and Industry (PAJCCI) Zia ul Haq Sarhadi, President Khyber Pakhtunkhwa Women Chamber of Commerce and Industry Fauzia Inayat, President Multan Chamber of Commerce and Industry Malik Asrar Ahmad Awan, Former President MCCI Khawaja Jalaluddin Roomi, Lahore Chamber of Commerce and Industry (LCCI) Vice President Zeshan Khalil, Former President MCCI Khawaja Muhammad Usman, former president Lahore Tax Bar Association (LTBA) Qamar Uz Zaman, senior Advocates Peshawar High Court (PHC) Noor Alam Khan and Mohib Kakakheil also voiced their concern on continuous blackmailing by shipping companies and causing huge losses to the importers.
Senator Ilyas Bilour said importers are shifting businesses from Pakistan due to huge corruption by shipping lines so the government should take notice of unjustified demurrage & detention charges taken by Maersk Line. The government, Finance and Shipping Ministries needed to take up the matter with ownership of shipping lines in order to eradicate corruption of their employees.
Referring to relevant laws, former President KCCI pointed out that shipping companies cannot charge any demurrage and detention where specifically it is not agreed and also specifically not mentioned on the B/L (Bill of Lading) but this law is grossly being violated by shipping lines and their agents. He said that according to Customs Act, 1969, the port cannot charge any demurrage or detention charges if Customs gives a certificate to importer titled ‘Delay and Detention Certificate’. But despite this certificate, Terminal Operators illegally hold goods of importers and charges heavy amounts as demurrage.
President Multan Chamber said the Chamber has been receiving frequent complaints against unnecessary delay in the clearance of their import shipments and additional charges taken by shipping lines under the head of demurrage and detention against the set law.
President Sarhad Chamber of Commerce and Industry Faiz Mohmmed said that no room will be left for shipping lines Maersk to grab money from importers and exporters and proper steps need to be taken in order to discourage the gambling of shipping lines Maersk and QICT.
Ex-Vice President of Federation of Pakistan Chamber of Commerce and Industries (FPCCI) and Islamabad Women Chamber of Commerce and Industries (IWCCI), Naima Ansari said violation of government laws is a serious crime and the present government should take serious action against Maersk Line and its subsidiary in Pakistan Maersk Pakistan (Pvt) Ltd due to violation of SRO 1220(I)/ 2015 and for harassing and blackmailing importers to get additional demurrage and detention charges.
Tax Consultant of MCCI and Member Multan Tax Bar Association Syed Khalid Javed said blackmailing of Maersk Line and its subsidiary in Pakistan (Pvt) Ltd for charging exorbitant demurrage and detention charges should be stopped and their shipping license for operations must be cancelled for violation of SRO 1220(I)/ 2015 in order to protect the genuine importers.
With additional inputs by Imran Ali, Irfan Bahadur, Investigation & Monitoring Desk