This document has been provided by the International Center for Not ...

Customs Code of Republic of Albaniad) removal or falsification in any way of theidentification number of the means oftransport. Collaborators in this violationare considered and punished as suchanyone who carries out respective acts,also including the technical persons, aswell as the owner or any other person whobenefits from this falsification ortransferring;e) purchase, selling, preservation, andpossession of goods imported fromindividuals, who are or should reasonablyhave information that these goods areintroduced in smuggling;f) throwing goods, for which the customsduties legally due are not paid, during thetrip through the customs territory of theRepublic of Albania;g) importation, exportation, sale of goodswith national cultural value, against thelegal norms in force in this field;h) breaking the seal, substitution or changesof other security signs placed on themeans of transport or on the goods.CHAPTER 4SANCTIONS OF SMUGGLINGArticle 2811. The violation referred to in Article 256paragraph 3 and specified in Articles 276to 280, is punished with:a) confiscation of goods subject ofsmuggling even if they are not subjectof customs duties;b) b) a fine which varies from two to fivetimes the duties legally due on thegoods that are subject of smuggling,besides the punishment provided for inthe Penal Code.2. Each violator, is liable jointly and severally,to the fine above mentioned, according to thedegree of his participation.3. The fact that they are liable jointly andseverally means that each of them has the dutyto fully perform the obligation and the customsauthorities may demand payment or sue one ormore of parties to such liability, separately orall together, depending on the option. If one ofthe parties pays the full amount, the others arefree of any obligation to the customsauthorities for the fine in question.4. When the same violator commits at thesame time several violations, referred to in thisChapter, each violation shall be punishedseparately.Article 281/11. In the cases of recidivism in smuggling, thesanction applicable shall be twice as theprevious one.2. The attempt of smuggling will be punishedas if the act was consummated.Article 281/2The violator besides theadministrative punishment provided for in thisCode, shall be subject of the penal proceedingsin accordance with the provisions of theCriminal Code.Article 2821. For the purpose of this Chapter “object ofsmuggling” means goods subject of smugglingas well as the means of transport and otherobjects used to transfer or to hide them.Without prejudice to other laws governing thisfield the said goods are seized by the customsauthorities and afterwards, upon decision ofthe competent judicial authorities may beconfiscated, and thereafter shall be treated inaccordance with the legislation in force.2. The seizure of these objects of smugglingtakes place regardless of the degree ofparticipation in smuggling of anybody who hasthe right on those objects.3. Where the person responsible for smugglingpossesses the seized objects referred to in thisArticle, as a consequence of a criminal act, thegoods are given back to the owner.4. Means of transport are exempted from theseizure, whenever:a) on the basis of the evidences inpossession, their owner is not involved inthe act of smuggling;\\Ds2\admin\Kareem - Online Library Rebuild (Do Not Delete)\Pending\Albania\Customs Code of Albania (eng).doc