The Special Prosecution Office Against Corruption and Organized Crime has launched investigations into the lifting of the 120 million euro fine imposed on Bankers Petroleum.
Kapitali has learned that SPAK has seized documentation from the Ministry of Finance and the General Directorate of Customs on the practice of waiving the largest fine ever imposed by the country's fiscal authorities. Kapitali read an official response from the Ministry of Finance confirming the seizure of documentation by SPAK.
The 120 million euro fine on Bankers Petroleum was imposed in 2019 by Fier customs following a two-year investigation conducted by the General Directorate of Customs. According to this investigation conducted by customs, Bankers Petroleum evaded at least 30 million euro in excise duty through solar oil produced by ARMO at the Ballsh refinery.
A triple fine of 90 million euros was also imposed on this obligation, as provided for by the procedural law, bringing the total amount that the company had to pay to 120 million euros.
But immediately after the fine was recorded by the Fier customs branch, Bankers Petroleum complained to the Ministry of Infrastructure and Energy, calling the fine illegal, since according to it it was not obliged to pay the excise tax on the diluent. Belinda Ballukiu wrote to the Ministry of Finance, asking it to consult with the State Attorney's Office.
Consequently, the then Minister of Finance, Anila Denaj, instructed customs to temporarily suspend the imposition of the fine, in order for this matter to be consulted with the State Attorney's Office in order not to expose Albania to the risk of arbitration.
Following instructions from the Ministry of Finance, Fier Customs suspended the imposition of the fine. This was the beginning of an ordeal of negligence and illegality.
Albanian law stipulates that any final decision on administrative fines must be processed within 6 months from the moment of imposition. But in this case, the fine was kept suspended for almost 7 years, despite correspondence between institutions. Just a month ago, Fier Customs decided to reactivate the 120 million euro fine, after having kept it suspended for years.
Gazhel kept the fine suspended
The Skyweb.al portal reported a few days ago on the existence of at least two letters, according to which the leaders of Fier Customs reminded the head of Customs, Gent Gazheli, of the fine against Bankers, informing him of the need to prosecute him, as it was being held in suspense by him.
However, despite notifications by email and official letter, the decision was not processed by the General Directorate of Customs.
Skyweb.al has learned that during 2021, Gazheli was notified several times by the former head of Fier Customs, Olti Kuke, about the legal deadline for the fine, but again no decision was made, keeping the case suspended.
Just a few days ago, after the scandal broke and the referral of the file by the Fier Prosecutor's Office to SPAK, the Customs Directorate brought the issue back to attention, attempting to late process a decision that should have been made five years ago.
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