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The amount of such interest shall be calculatedin such a way that it is equivalent to <strong>the</strong>amount which would be charged <strong>for</strong> thispurpose on <strong>the</strong> national money or financialmarket.Article 255Customs Code of Republic of AlbaniaTITLE VIIICUSTOMS VIOLATIONS AND SANCTIONSWhere a customs debt <strong>has</strong> <strong>been</strong> remitted or <strong>the</strong>corresponding amount of duty repaid <strong>by</strong> error,<strong>the</strong> original debt shall again become payable.Any interest paid under Article 254 must bereimbursed.CHAPTER 1GENERAL PROVISIONS ANDDEFINITIONSArticle 2561. Customs violations consist of:a) administrative customs violations;b) smuggling.2. Any act or omission which does not complywith <strong>the</strong> provisions of this Code and itsImplementing Provisions, and o<strong>the</strong>rdispositions in <strong>for</strong>ce, is considered anadministrative customs violation and ispunished as such, save in cases of <strong>for</strong>cemajeure.3. Subtracting <strong>by</strong> any means of goods from <strong>the</strong>customs control and/or supervision of goods,with <strong>the</strong> intention of evading or attempting toevade <strong>the</strong> payment of import and export dutieslegally due as referred to in Article 276 until280, and any of <strong>the</strong> behaviors referred to in <strong>the</strong>same Articles, are considered smuggling andpunished as such.4. The payment of penalties applied <strong>for</strong>customs violations, will in no case exempt <strong>the</strong>violator from <strong>the</strong> payment of customs dutieslegally due <strong>for</strong> <strong>the</strong> goods subject of <strong>the</strong>violation.CHAPTER 2ADMINISTRATIVE CUSTOMSVIOLATIONSArticle 2571. Without prejudice to <strong>the</strong> provisions aboutsmuggling, it is considered an administrativecustoms violation, <strong>the</strong> indication in <strong>the</strong> cargomanifest of a vessel or an aircraft, of a quantityof goods different from that verified <strong>by</strong> <strong>the</strong>customs authorities.2. A fine of 10.000 Lek <strong>for</strong> each package, or afine of 30.000 Lek <strong>for</strong> each ton, when <strong>the</strong>cargo is in bulk, will be applied to <strong>the</strong> captainof <strong>the</strong> vessel or aircraft who commits such aviolation.3. For <strong>the</strong> purposes of this Article, when <strong>the</strong>exceeding packages have <strong>the</strong> same marks andnumerical figures as <strong>the</strong> packages indicated in<strong>the</strong> manifest, <strong>the</strong> packages classified in a tariffclassification corresponding to higher duties,shall be considered as <strong>the</strong> ones not indicated.4. When <strong>the</strong> verified differences are smallerthan 5% of <strong>the</strong> quantity indicated in <strong>the</strong>manifest, no sanction will be applied.Article 2581. Without prejudice to <strong>the</strong> provisions aboutsmuggling, it is considered an administrativecustoms violation if any conduct <strong>by</strong> <strong>the</strong> captainof <strong>the</strong> vessel consists of:a) delaying <strong>the</strong> presentation of <strong>the</strong> manifest.A fine of 40.000 Lek <strong>for</strong> each 5 hours ofdelay will be applied. The hours that <strong>the</strong>competent customs authority is not openwill not be calculated;b) refusing to receive customs authoritieson board. A fine of 300.000 Lek to500.000 Lek will be applied;c) departing without <strong>the</strong> permission ofcustoms authorities. A fine of 300.000Lek to 500.000 Lek will be applied;\\Ds2\admin\Kareem - Online Library Rebuild (Do <strong>Not</strong> Delete)\Pending\Albania\Customs Code of Albania (eng).doc

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