Fine Imposed On 38 Vessels At Crimean Ports, Occupied By Russian Federation
All Crimean ports were put under sanctions of EU and OFAC with all possible consequences to those companies who will decide to call these ports anyway.
Sanctions are still in force. So, Immigration Service of Ukraine is looking for vessels and crew members when call at Ukrainian ports and impose fine for above mentioned violations of sanctions Law.
Immigration service has department of territorial water monitoring, which used technical appliances for on-line search and identifications of ships automatically.
The fine imposed on 38 ships, which called at Crimean ports of Ukraine, occupied by Russian Federation, Immigration Service of Ukraine reported. Total sum of fines is 224000 hrivnas (about USD 8615)
Ukraine is not able to control occupied ports but it is monitoring all routes in vicinity of Crimean peninsula. If vessel will visit Crimean port after 15.07.2014 and subsequently call Ukrainian port, she will appear under high risk to be arrested and, legal case for breach of Ukrainian law may be raised against crew, vessel or shipowner.
Even If the vessel calls other country, Ukraine will have the option to ask port authorities to arrest the ship on Ukraine’s behalf while preparing a claim against it.
The Crimean Ports of Evpatoria, Kerch, Theodosia, Yalta and Sevastopol have been closed to international shipping.
The closure has been ordered by Ministry of infrastructure of Ukraine – Decree №.255 “On closing of the seaports” dated 16.06.2014,
registered with the Ministry of Justice 24.06.2014 and entered into force 15.07.2014. Decree is based on the Article 5 of the Law of Ukraine “On Sea Ports of Ukraine “,
the Law of Ukraine “On protection of rights and freedoms of citizens and legal regime for the temporarily occupied territory of Ukraine”,
“Procedure for opening and closing seaports”, approved by the Cabinet of Ministers of Ukraine of 11.07.2013 № 495, on the basis of Application of the state Enterprise
“Administration of seaports of Ukraine” dated 01.04.2014 № 1330 and in coordination with the State Inspection of Ukraine on security of sea and river transport.
Notwithstanding with annexation of Crimea by Russia – Ukraine remains the legitimate government in Crimea. Territorial integrity is recognized by the UN, including IMO which is part of UN.
Earlier in May 2014 Ukraine warned IMO members that it is not able to perform its obligations on safety and security in the region and current Decree became a real proof of legal situation. According to legal experts – entry into a Crimean port is a breach of Ukrainian law and anybody flouting the ban could find it difficult trading anywhere else afterwards.
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