01 Oct 2016
In connection with the official comments of the Department of State Revenue of Almaty about the situation with import of 12 birds, which took place on the 25th of September, 2016, published on the news Internet portal Tengrinews.kz on the 30th September, 2016, Almaty International Airport submits its official comments and factual circumstances of these events.
According to the documents submitted to “Almaty International Airport” JSC by the customs authority and goods receiver, 12 live birds of breed "the Gyrfalcon-peregrine Falcon", "Peregrine Falcon", "Falcon" and "the Saker falcon" have been removed to the customs territory of the Customs Union through Almaty International Airport on the 25th of September, 2016 by citizen of Egypt Mohamed Abdelbaset Abdelkarim Ali in an accompanied baggage by flight № 259 of Air Arabia airline in the direction of "Sharjah – Almaty".
Upon arrival of a citizen of Egypt Mohamed Abdelbaset Abdelkarim Ali Passenger Customs Declaration form with the indication of all 12 birds and their identification number issued by an official of the customs post “Zhetysu”, but specifying in the column Declaration “for office marks” “transferred to the temporary storage warehouse for further review and customs clearance” has been filled. At the same time, official of the customs post “Zhetysu” did not refuse to release these birds, as evidenced by the lack of a record in the Passenger Customs Declaration, as required by the manual, approved by decision of the Customs Union Commission dated June 18, 2011, № 311.
The Protocol of detention of these birds, drafting of which is provided by the Customs legislation in case of non-compliance by the person of the prohibitions and restrictions when importing goods has not been submitted by the customs authority to “Almaty International Airport” JSC.
Further, according to acceptance and transfer certificate dated September 25, 2016, 12 pieces of baggage of the passenger Mohamed Abdelbaset Abdelkarim Ali were transferred by the official of the customs post from the passengers terminal to the cargo terminal and placed in a temporary storage warehouse. That is, placement in a temporary storage warehouse was carried out at the request of the customs authority and not at the wish of a citizen of Egypt Mohamed Abdelbaset Abdelkarim Ali, on the initiative of “Almaty International Airport” JSC, of the airline or other person.
Moreover, officials of the customs post “Zhetysu” could not have been unaware that cargo terminal of Almaty International Airport is not intended for storage of live animals, all the more, previously the customs authority repeatedly suppressed the facts of smuggling of birds at the airport, after arrest of which, they were placed in a specialized avian nurseries, but not in a temporary storage warehouse of the airport.
According to the Customs legislation, the owner of the temporary storage warehouse is obliged not to issue goods from the warehouse without the permission of the customs authority as well as to exclude the access of unauthorized persons to the stored goods. Failure to perform duty would entail administrative responsibility of “Almaty International Airport” JSC. In this regard, even if the employees of “Almaty International Airport” JSC from the feelings of pity and to end maltreatment of live animals would have exposed birds to the recipient without the permission of the customs authority, then the airport would be charged in smuggling, would have paid a large fine and would be excluded from the register of owners of temporary storage warehouses. Therefore, by virtue of the law, the employees of “Almaty International Airport” JSC with a sore heart watched these tragic events and the actions of the customs authority.
On the 29th of September, 2016, the citizen of the Republic of Kazakhstan Ospanov E.K. arrived to “Almaty International Airport” JSC to get this baggage and showed the Transit declaration № 39855301\290916\0003160 with marks of the customs authority on the release of goods under the customs procedure of the customs transit for 12 pieces. This citizen was specified in the Transit declaration as a recipient. However, Ospanov E.K. refused to receive goods, “Almaty International Airport” JSC is not aware of the reasons of the refusal in the obtaining of the birds. “Almaty International Airport” JSC were not provided with any materials on the death of the birds.
As of September 29, 2016, according to employees of the Internal Affairs Bodies, the citizen Ospanov E.K. has applied in Linear Police Department of the airport of Almaty to take action against employees of the customs post “Zhetysu” and “Almaty International Airport” JSC. "Almaty international airport" JSC is not aware of the text of the statement and demands of the citizen Ospanov E. K., but the representative of “Almaty International Airport” JSC has provided Linear Police Department with the necessary explanations and documents, including having no duty to provide facilities to store live animals (creation of a certain temperature and humidity conditions for the reception of animals of food and water, etc.).
September 30, 2016, the citizen Ospanov E.K. returned to “Almaty International Airport” JSC to get luggage, but he has already filed another transit Declaration № 39855301\290916\0003180, which is not provided in the customs legislation, with marks of the customs authority on the release of goods under the customs procedure of customs transit, but already for 11 pieces of baggage (live birds) that have been obtained by him and exported from the territory of the temporary storage warehouse and one piece was left in the warehouse and subsequently withdrawn by employees of Linear Police Department at the airport of Almaty.
“Almaty International Airport” JSC does not have any information on the applying of the citizen Ospanov E.K. to the procuracy authorities on the illegal actions of employees of a temporary storage warehouse of “Almaty International Airport” JSC, but the citizen Ospanov E.K. is entitled to apply to any state authorities to protect his legitimate rights and interests.
Also “Almaty International Airport” JSC believes that there is no need for State Authority to inform the public on the “desires” of citizens to appeal to the Prosecutor’s office for allegedly illegal actions of “Almaty International Airport” JSC, which can be regarded as an attempt to deflect responsibility for the acts of officials of the customs authority.
The actions of the employees of “Almaty International Airport” JSC in no way contributed and could not lead to the possible destruction of birds and “Almaty International Airport” JSC is ready to defend this statement in the course of pre-trial investigation and in court.
Along with that, “Almaty International Airport” JSC hopes that pretrial investigation and prosecutors office bodies will give a proper legal assessment to actions of officials of the customs authority of “Almaty International Airport” JSC, bodies of veterinary control and supervision and other individuals.