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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
Customs Code of Republic of Albaniab) the owner possesses the means of transportin good faith as a result of legalprocedures of trade, without beingreasonably able to know that this was ameans or object of smuggling, or of othersimilar act or crime.5. In case perishable goods are seized thejudicial authorities when there are enoughevidences may take a decision regarding theconfiscation of those goods within 48 hoursfrom the time the case is transferred with him,so that those goods are not depreciated.6. In cases that means of transport are seized,the judicial authorities, when there are enoughevidences may take a decision regarding theconfiscation of those means of transportregarding their confiscation within 5 days. Inany case when this time limit terminates, thecustoms authorities may request from thejudicial authorities that these means oftransport to be given to the customs authoritiesfor use whilst carrying out their duty. Thecustoms authorities are liable for any expenseregarding the use and maintenance of thesemeansArticle 283Objects of smuggling as referred to in Article282, are seized:a) where the act of smuggling is beingperformed. The act of smuggling is beingperformed, when the goods are notplaced yet in the definitive storage place,which may be the house, the shop, thewarehouse or any other location assignedto the goods by the person responsiblefor smuggling or any other accomplice.The act of smuggling is also consideredas being performed when the responsibleperson is caught nearby the locationsmuggling is performed, having in hispossession evidences or is caughtpursuant to notification by other persons;b) where the act of smuggling is completed.In this case the object of smuggling hasbeen definitively placed in the placeassigned by the person responsible or theaccompliceArticle 284No right of compensation may be arisenagainst the customs authorities or theGovernment of the Republic of Albania forreasons of damage and decrease of valuation,deriving from the seizure or confiscation of thegoods subject or object of smuggling.CHAPTER 5VERIFICATION OF CUSTOMSVIOLATIONSArticle 2851. The administrative violations areascertained and penalized by the customsauthorities in accordance with the provisionsof Articles 256 through 275. In the cases ofsmuggling, the customs authorities determineand collect the amount of fine to be applied inthe specific case, while the judicial authoritiestake their normal procedural measures for theapplication of additional measures provided forby the Penal Code.2. For the purposes of this chapter, ‘competentcustoms authorities’ hereinafter are called thecustoms authorities that exercise supervision inthe area where the violation has beencommitted and verified.3. The violations of the provisions of thisCode and its Implementing Provisions arecertified with a written report.4. The written report must be lodged andregistered on the records of the competentcustoms authorities, and should be signed by atlest 2 customs employees.5. The same provision applies when other lawsare violated, in cases that such application isrequired totally or partially by the customsauthorities.6. Customs authorities with a view to prevent,verify and repress the customs violations, maycarry out all the necessary controls at theeconomic operators, their warehouses and allthe premises where they keep their accounts.Article 2861. The written report shall contain:a) the place, the date and the time where theviolation is verified;\\Ds2\admin\Kareem - Online Library Rebuild (Do Not Delete)\Pending\Albania\Customs Code of Albania (eng).doc
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