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Customs Code of Republic of Albaniav) <strong>the</strong> goods, be<strong>for</strong>e <strong>the</strong>ir release, areei<strong>the</strong>r seized and simultaneously orsubsequently confiscated, destroyedon <strong>the</strong> instructions of <strong>the</strong> customsauthorities, destroyed or abandonedin accordance with Article 197, ordestroyed or irretrievably lost as aresult of <strong>the</strong>ir actual nature ofun<strong>for</strong>eseeable circumstances or <strong>for</strong>cemajeure;d) where goods in respect of which a customsdebt is incurred in accordance with, Article217 are seized upon <strong>the</strong>ir unlawfulintroduction and are simultaneously orsubsequently confiscated.2. In <strong>the</strong> event of seizure and confiscation, <strong>the</strong>customs debt shall, none<strong>the</strong>less <strong>for</strong> <strong>the</strong>purposes of <strong>the</strong> criminal law applicable tocustoms offenses, be deemed not to have <strong>been</strong>extinguished where, under Part VIII of thisCode, customs duties provide <strong>the</strong> basis <strong>for</strong>determining penalties or <strong>the</strong> existence of acustoms debt is grounds <strong>for</strong> taking criminalproceedings.Article 247A customs debt, as referred to in Article 231,shall also be extinguished where <strong>the</strong><strong>for</strong>malities carried out in order to enable <strong>the</strong>preferential tariff treatment referred to inArticle 231 to be granted are canceled.CHAPTER 5REPAYMENT AND REMISSION OF DUTYArticle 248The following definitions shall apply:a) ‘repayment’ means <strong>the</strong> total or partialrefund of import duties or export dutieswhich have <strong>been</strong> paid;b) ‘remission’ means ei<strong>the</strong>r a decision towaive all or part of <strong>the</strong> amount of acustoms debt or a decision to render voidan entry in <strong>the</strong> accounts of all or part ofan amount of import or export dutywhich <strong>has</strong> not <strong>been</strong> paid.Article 2491. Import duties or export duties shall berepaid in so far as it is established that when<strong>the</strong>y were paid <strong>the</strong> amount of such duties wasnot legally owed or that <strong>the</strong> amount <strong>has</strong> <strong>been</strong>entered in <strong>the</strong> accounts contrary to Article 235(2). Import duties or export duties shall beremitted in so far as it is established that when<strong>the</strong>y were entered in <strong>the</strong> accounts <strong>the</strong> amountof such duties was not legally owed or that <strong>the</strong>amount <strong>has</strong> <strong>been</strong> entered in <strong>the</strong> accountscontrary to Article 235 (2). No repayment orremission shall be granted when <strong>the</strong> factswhich led to <strong>the</strong> payment or entry in <strong>the</strong>accounts of an amount which was not legallyowed are <strong>the</strong> result of deliberate action <strong>by</strong> <strong>the</strong>person concerned.2. Import duties or export duties shall berepaid or remitted upon submission of anapplication to <strong>the</strong> appropriate customs officewithin a period of three years from <strong>the</strong> date onwhich <strong>the</strong> amount of those duties wascommunicated to <strong>the</strong> debtor. That period shallbe extended if <strong>the</strong> person concerned providesevidence that he was prevented fromsubmitting his application within <strong>the</strong> saidperiod as a result of un<strong>for</strong>eseeablecircumstances or <strong>for</strong>ce majeure. Where <strong>the</strong>customs authorities <strong>the</strong>mselves discover withinthis period that one or o<strong>the</strong>r of <strong>the</strong> situationsdescribed in <strong>the</strong> first and second sentences ofparagraph 1 exists, <strong>the</strong>y shall repay or remit on<strong>the</strong>ir own initiative.Article 250Import duties or export duties shall be repaidwhere a customs declaration is invalidated and<strong>the</strong> duties have <strong>been</strong> paid. Repayment shall begranted upon submission of an application <strong>by</strong><strong>the</strong> person concerned within <strong>the</strong> periods laiddown <strong>for</strong> submission of <strong>the</strong> application <strong>for</strong>invalidation of <strong>the</strong> customs declaration.Article 2511. Import duties shall be repaid or remitted inso far as it is established that <strong>the</strong> amount ofsuch duties entered in <strong>the</strong> accounts relates togoods placed under <strong>the</strong> customs procedure inquestion and rejected <strong>by</strong> <strong>the</strong> importer becauseat <strong>the</strong> point in time referred to in Article 92<strong>the</strong>y are defective or do not comply with <strong>the</strong>\\Ds2\admin\Kareem - Online Library Rebuild (Do <strong>Not</strong> Delete)\Pending\Albania\Customs Code of Albania (eng).doc

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