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in判決書

臺灣臺北地方法院112年度訴字第1882號

關鍵資訊

  • 裁判案由
    損害賠償等
  • 案件類型
    民事
  • 審判法院
    臺灣臺北地方法院
  • 裁判日期
    113 年 02 月 29 日

  • 當事人
    SUNWARD MARINE S.A.

1121882 SUNWARD MARINE S.A. () BICSA FINANCIAL CENTER 00TH FLOOR BALBOA AVENUE PANANMA CITY. REPUBLIC OF PANAMA 11217113131 1078111 142123401 97185 96582 2025 255127112814 142 11055SunwardIMO No0000000 110Essa Investments Ltd,Monrovin,Liberia4879,988()000-00-000000-0110645 SUNWARD IMO NO0000000 PAYMENT OF BALANCE880,246.35調Chen Chiun109,732.25()3,363,907.5110645 111127253,905.89184 使253,906 000-00 -000000-0 253,906 OBU11064879,988 11068 11069 調FBI Sunward 18FBI 1718西202231S/2022/132997S/2022/6681010-1調 Sunward(Cheng ChiunShipping Agency Co. Ltd.) 調 1014922232221/貿///退//調退/退2.222調//223//調/23222 233 2223調253,906使10 (10Chen Chiun Shipping Agency Co.Ltd)(45) (440) 1103182 000-00-000000-0使 SunwardIMO No 0000000 11068 11068 277 使226 12271 11068調(637)1718西202231S/2022/132調The Panel is investigating suspected sanctions evasion involving Cheng Chiun Shipping Agency Co. Ltd.," located in Kaohsiung.According to information from a Member State, the company operates vessels,including the Palau-flagged Sky Venus (IMO No. 0000000) and the then Panama-flagged Sunward (IMO No. 0000000), that transferred oil via illicit ship-to-ship transfers to tankers of the Democratic People's Republic of Korea. Cheng Chiun Shipping Agency Co. Ltd. used a series of shell companies to facilitate payments related to the ship-to-ship transfers. The Panel continues to investigate other cases involving the company.(調 Cheng Chiun Shipping Agency Co. Ltd. Sky Venus0000000Sunward 0000000Cheng Chiun Shipping Agency Co. Ltd.便調)Investigations into the Sunward, the Sky Venus and various direct delivery and suspect vessels showed that much of the petroleum products delivered to the Democratic People's Republic of Korea are sourced from oil terminals across East Asia and delivered via ship-to-ship transfers. Sanctions breakers exploit the legitimate business of ship-to-ship transfers to smuggle oil to the Democratic People's Republic of Korea see annex 47.(SunwardSky Venus調47)The Sunward and the Sky Venus were used as mother ships to load refined petroleum from Taichung port before allegedly delivering their cargo to tankers of the Democratic People's Republic of Korea through a chain of ship-to-ship transfers on the occasions identified by the Panel (see figure XXX). The mother ships and their facilitators thereby deceptively appear one or several steps removed from the oiltransfers to suspect vessels. The Panel previously reported on the use of smallervessels favoured by the Democratic People's Republic of Korea as intermediate vessels to receive the oil cargo, as they are more difficult to track and identify, often lacking IMO numbers. These vessels in turn transfer the oil to the Democratic People's Republic of Korea or to Democratic People's Republic of Korea-associated vessels.(SunwardSky Venus (6970243244)1718西202297S/2022/668調The Democratic People's Republic of Korea continues to procure refined petroleum through multi-stage oil trans-shipment, which involves several tankers regularly employing evasion tactics to avoid detection. Such evasion tactics enable vessels to continue to violate paragraph 5 of Security Council resolution 0000 (0000),which prohibits the direct or indirect supply, sale or transfer to the country of all refined petroleum products unless notified in accordance with the resolution's requirements.(使0000(0000)5)Like Sunward, Joffa and Xiang Shun arrived at a scrapyard in Bangladesh in April and June 2022, respectively, to be scrapped following their involvement in suspected illicit oil transfers. The Panel notes an emerging trend whereby typically older vessels implicated in sanctions evasion are scrapped following exposure.(SunwardJoffaXiang Shun202246 Please explain SUNWARDs continued journey northwards in the East China Sea despite having discharged all of its cargo on 9 April 2021 to SKY VENUS, with the reason of the transfer given that the former was slated for scrap? SUNWARD202149SKY VENUSSUNWARDCCS response excerpt()Panel comment: The Panel notes Cheng Chiun Shipping did not provide an explanation for SUNWARDs voyage in question and instead provided SUNWARDs positional data on 1 May 2021 to make their case. However, SUNWARD disappeared from maritime tracking platforms had recorded lost positional data on maritime tracking platforms for around 10 days following its last transmission on 1 May. Cheng Chiun Shipping has not provided any positional data for SUNWARD between 9 April and 1 May 2021. SUNWARDSUNWARD202151SUNWARD10SUNWARD20214951(228229243244) 調000011049Sky Venus1104951 西202231S/2022/132西202297S/2022/668調(228229230234235) 調調 101 4922132323 FATF( The Financial Action Task Force on Mone y LaunderingFATF) (2021 192 ) 2調 10149 221323232調 調調調15調172 18稿1057274518稿 22132323使24711113170000000000調Sunward 111127( 89) 78         113    2     29      20         113    2     29