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THE MATTER OF THE INVESTIGATION: FOREIGN CARS WITH SHADY HISTORY

anons-3The period of rapid development of illegal exportation of new and second-hand vehicles from Europe to the CIS countries has become a thing of the past. But this matter will not be removed from the special customs control very soon inasmuch as smuggling of foreign cars is very profitable business. The prices on such cars are almost 60% lower than the prices of official dealers, but even in this case the criminal’s profits are fantastical.
During the last year structural divisions of State Customs Committee of Transdnistrian Moldavian Republic have revealed about 20 facts of importation of foreign cars with deceitful use of documents and means of identification. It also known that 8 of these facts have been detected by the employees of the department on struggle against smuggling and customs offences of Bendery Customs.
- At the time of the beginning of mass examinations fulfilled by the employees of our division in 2008 – Olga Dubrovina, the chief of the department on struggle against smuggling and customs offences of Bendery Customs, is producing the customs statistics – more than 40 % of vehicle documents contained data preventing the further customs clearance. Due to the purposeful work of the employees of our division the number of endeavours to import the vehicle to the customs territory of Transdnistrian Moldavian Republic using illegal documents has greatly reduced by the end of the year. At present only one foreign car of 25 is accompanied by the documents preventing the further customs clearance in accordance with existing legislation.
The revealing mechanism of such violations of customs rules is the following. During the customs clearance of the imported vehicles to the customs territory of Transdnistrian Moldavian Republic the inspector of the department on struggle against smuggling and customs offences examines the documents that are produced by their holder for customs purposes. If doubts are cast upon document authenticity during the examination or the procedure of importation of the vehicles is not established, the vehicle and vehicle documents are transmitted to the department on struggle against smuggling and customs offences, the employees of which take necessary measures on establishment the legality of importation of the foreign car to Transdnistrian Moldavian Republic and on establishment the legality of issueing of vehicle documents. Technique of production of false documents and counterfeit signatures is detected during investigations carried out by Expert Criminalistic Centre of Ministry of Internal Affairs of Transdnistrian Moldavian Republic.
Customs officers of Bendery gave the most indicative example of illegal importation of foreign cars to Transdnistrian Moldavian Republic which occurred in January of 2009. It has been established that a certain person who imported the car from Germany had two German registration certificates. The State Customs Committee of Transdnistrian Moldavian Republic directed the inquiry to the Commissariat of Westphalia. The telephone conversation with the official representative of Commissariat also took place, who communicated to customs officers of Bendery the information that the car they were interested in was not registered there and the seller furnished in documents didn’t reside to the mentioned address, all the data in registration certificate was declared invalid.
In accordance with customs statistics the principal suppliers of second-hand vehicles to Transdnistrian Moldavian Republic are Germany, Czech Republic, France, Spain, Italy, Baltic States, and too much seldom cars are conveyed from the USA. Every country has its own specific character of purchase and sale of cars, so employees of the department on struggle against smuggling and customs offences have to take it into account, applying individual approach to every vehicle that is in sight of this department. The vehicles produced in Germany are the most popular because of the ease of their transportation.
- During the work on establishment of vehicle documents authenticity, – has told the chief of the department on struggle against smuggling and customs offences of Bendery Customs, – we have adjusted cooperation with law enforcement structures, notaries and city administrations of far-abroad countries and Baltic States. It includes direct telephone conversations, Interpol’s database, search databases, that are at the disposal of law enforcement bodies of Transdnistrian Moldavian Republic. 
Ulanov D. continues the theme:
- Quite often during the work on the shady history we have to ascertain persons, who have imported the vehicle to the territory of Transdnistrian Moldavian Republic and duration of its stay on the territory of Transdnistrian Moldavian Republic. At this case special visual systems of customs control, information systems, operating within Customs Service of Transdnistrian Moldavian Republic, including information system “Konus”, hardware-software complex “Potok”, single automated information system of The State Customs Committee of Transdnistrian Moldavian Republic, automated registration system of the violations of customs rules help too much. During the collection of data we also cooperate closely with Migratory Service of the Ministry of Internal Affairs of Transdnistrian Moldavian Republic.
The collection of data, thanks to which it is possible to ascertain the source of delivered vehicle documents, is usually carried out using Internet recourses. In this regard the employees of the department on struggle against smuggling and customs offences pointed again at Germany. Practically all German databases are laid out in the Internet, and due to this fact one can ascertain the information of any organization or notary’s office, furnished in vehicle documents.
As a method of receiving of information letters of inquiry to different instances are used, answers to which are coming during 24 hours. Such efficiency testifies that the German party is interested in cooperation with Customs bodies of Transdnistrian Moldavian Republic. Active assistance in correspondence with authorities of foreign countries is rendered by branch of public unitary enterprise “Customs broker”, experts of which make high quality translations of documents into English and German.
It is necessary to recognize that among so called “dubious” documents for imported vehicles which are examined by employees of the department on struggle against smuggling and customs offences not all the documents are obtained illegally. But if customs officer’s doubts are confirmed, the infringer will not manage to avoid the responsibility.
Dubrovina O.D. explains:
- If the fact of producing the false documents to customs officer for customs purposes is revealed, the employee of the department on struggle against smuggling and customs offences draws up the report on violations of customs rules. A person violated the customs rules is responsible before the law in accordance with article 359 of Customs Code of Transdnistrian Moldavian Republic – movement of goods and vehicles with deceitful use of documents and means of identification. This article provides strong sanctions – a minimum fine is 70% and maximum – about 100% from the vehicle value.
Having paid the fine, infringer, which was called to account, has to produce original vehicle documents and undergo re-examination of documents and vehicle (including merchandising examination). After that the procedure of customs clearance is considered to have been finished, and a foreign car goes by Transdnistrian routes legally. If a person can not produce documents verified the legality of his ownership on the vehicle, a car is liable to return to rightful owner.

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