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Albania broke the embargo with Russia

2024-01-18 13:21:11Aktualitet SHKRUAR NGA REDAKSIA VOX

Albania broke the embargo with Russia

By Anila Hoxha

In a second session held today at the Supreme Court, the request of the Tirana Appeals Prosecution insisting on the return to prison of Aleksey Smaznov is examined. Russia, meanwhile, has the obligation to appear once every two months, according to a judicial decision, which abolished the measure of prison arrest against him and decided the mitigating measure regarding the property guarantee. As the captain of the ship Grace Felix, which was found in the port of Durrës with over 22 thousand tons of oil, he was initially suspected of "Trading and transporting contraband goods".

From February 2023 to December 2024, legal ping-pong took place in the field of courts. But two are the most important moments.

First, in December 2023, the Court of Durrës lifted the sequestration of the ship, providing it with a "passport" to sail and leave Albanian waters.

The second and more important one, the Prosecutor's Office of Durrës, pending the disclosure of this decision, had the opportunity to object verbally in the session and in the meantime submitted the file for trial by changing the offense and making it worse. The prosecution therefore raised a more serious charge, that of smuggling prohibited goods. In Albanian, the investigation group says the embargo with Russia has been violated, imposed by the government as a response to Moscow's official attack on Ukraine. The prosecution mentions in the request for judgment that the documents raise this doubt, and this will be subject to the judgment on the merits. But it seems that this will be a judgment in absentia that will however receive an answer in the Supreme Court. The war between the prosecution and the courts ends in the Supreme Court not long after the ship was unblocked and the Prosecution was against it.

This only applies to cards.

With a request reviewed on appeal, the Prosecutor's Office insisted on prison arrest for Aleksei, the captain who stayed for months on the oil ship!

But what do the facts in the file say?

The leaflet states:

1- It turns out that from the law enforcement institutions the Prosecution at the Court of First Instance of Durrës was informed about the arrival in the Albanian territory of the ship "Grace Felix", a ship which did not anchor but stayed in the Port of Porto Romano.

2- According to the information, the ship "FIDAN" (the mother ship of the ship Grace Felix) was supplied in the Port of Novorossiysk RU, in the Black Sea, and this ship then in the open sea "Kalainata" Greece supplied oil to the ship "Grade Felix" ".

3- On 19.02.2023, a working group was set up with specialists from the Investigation of Economic and Financial Crimes, customs, physical control, maritime anti-smuggling staff, maritime agents, Border Police staff who went to this ship to carry out the necessary verifications .

4- The first captain of the ship initially refused to communicate with the employees of the above-mentioned institutions and then presented the accompanying documentation of the ship, specifically: the document of the last 10 ports of the ship's anchorage, the record of the ship's data, the storage plan, the manifest of the load. the certificate of origin, the bill of lading of the tanker, the crew list, the statement of facts, the time sheet of the statement of facts, the "deposit" report after loading, the ship's experience factor, the OBQ report, the stoppage report and the "deposit" report.

5- The captain of the ship refused to sign the documents in English

6- The company AV INTERNATIONAL GROUP, with headquarters in Porto Ramano, free customs zone, where it has been engaged in this activity since 2009, has been in negotiations with the company SEX DMCC, in Dubai, a company that deals with fuel trade and the headquarters of there is in Dubai. These negotiations were made at the end of January, with a representative of the company named Artiom from Dubai, where the communication was in English, and after the telephone conversation, he offered PB an initial quantity of 10 thousand tons of oil, where further negotiations agreed for about 22 thousand tons, with a price depending on the international exchange that varied from 80-100 lek per liter.

7- In principle, after agreeing, the ship left on February 12 or 13, with the destination Durres, and PB, through its staff, asked the lawyers and the customs agency of the company to request the accompanying documentation via e-mail and to make the announcement at the captain's office, counting 72 hours before the ship's arrival in Durres. During this period, it was noticed by the company's staff that the documentation did not arrive complete, and that it arrived in different packages. The ship meanwhile had left, then Piro was informed through the lawyer that during the exchange of e-mails related to the loading procedure there was a problem and this fact was also made known to the Customs, which ultimately refused to enter the system for entered the Port and for this reason the ship has been waiting for several days in the radio. Piro also stated that he notified the competent authorities about the rejection of the ship.

8- The statement of the lawyer of the company Av International Group, citizen Ralf Spiro, has been received, who has confirmed the communications with the company SES DMCC, and has made the communications available via e-mail to prove this action. In the declaration of the citizen Elvi Hysen Burimi, with physical customs duties, present at the control of the date 19.02.2023 on the ship "Grace. Felix" has explained the standard procedure for ascertaining the progress of ships with oil cargo and it has been stated that: The documents of the origin of the oil submitted by the captain of the ship "Grace Felix" specifically (certificate of origin of the goods) were not convincing and the captain was states that he had no other document of origin.

9- The statement of the citizen Fatmir Muharrem Hoxha, physical customs officer present at the inspection on 19.02.2023 on the ship "Grace Felix", was received, who stated that: They did not receive any work order for practical reception at the Rade, of the ship "Grace Felix" since the ship is not docked in Porto Romano. When he was asked about the documentation of the ship "Grace Felix", he stated that: In his knowledge, the documents proving the origin of the goods are in three forms: issued by the customs of the country where they were loaded, by the Chamber of Commerce and by the Port Authority. In the specific case (the ship "Grace Felix.") the ship's captain presented a certificate of origin signed only by the customs agent in Greece where the ship performed the "ship to ship" operation.

10- Page 2 of 4 This statement issued by the agent is not sufficient to prove the origin of the goods. In this particular case, the captain of the ship was insistently asked for another document to verify the origin, as this document was not sufficient and he did not provide any other document. The statement of the citizen Altin Jace, with the duty of Inspector of Maritime Anti-Smuggling, present at the control of the ship "Grace Felix" on 19.02.2023, which, among other things, stated that: Certificate of origin delivered by the Captain of the ship "Grace Felix" was signed by the Greek agency, which completed the shipment documentation in the Port where the loading took place.

11- In this case, the cargo was picked up in the open sea, in the bay of Kalamata, which is an area that allows cargo to be transshipped from one ship to another. The only person who gets on the ship after the transshipment is done is the agent, who completes the cargo documentation after the measurements are taken by the surveyor, who measures the amount of the cargo. Regarding this case, the origin of the charge cannot be determined, according to him.

12- In the statements of the citizen Astrit Kurti, acting as inspector of Maritime Anti-Smuggling, present at the control of the ship "Grace Felix" on 19.02.2023, who, among other things, stated that no measurements were taken on the ship "Grace Felix" since the customs declarations were not made and no surveyor was hired to take the measurements, as the ship was about to leave Rada. The statement of the maritime agent Emilian Gjepali was also received, who in his statement clarified the order of AV International Group, the examination of the documents given by the ship "Grace Felix" before the arrival and the request for the departure of the ship.

In conclusion, the prosecution that submitted the file to the court says that the diesel product is included in the scope of this criminal offense "as a prohibited commodity". This is because the Republic of Albania with VKM no. 718, dated 11.11.2022, has approved the implementation of the regulation of the Council of the European Union 2022/879, dated June 3, 2022, which amends the regulation no. 833/2014 "Regarding the restrictive measures in view of Russia's actions that destabilize the situation in Ukraine".

Specifically, it states that: "The direct or indirect purchase, import or transfer of crude oil or oil products is prohibited if they originate from Russia or are exported from Russia". The prosecution tells the court in the file that there are doubts that the substance was taken from the ship Fidan in a port in Russia!


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