At the request of EPAM Law, legal counsel to the Russian Federation, a Spanish court seized three misappropriated fishing trawlers belonging to the Russian Federation. The arrest is an interim measure intended to cease illegal exploitation of the trawlers by a group of internationals accused of fraud and to prevent their possible resale. EPAM represented the interests of the Russian Federation in the search and seizure of the trawlers.

In June 2004, three Russian vessels – “Captain Cononov”, “Yuosas Alexonis” and “Trawlmeister Mogutov” belonging to open joint-stock company Archangelsk Trawl Fleet, of which 100% of the shares are owned by the Russian State and represented by the Russian Federal Ministry of Property Management, were detained in Mauritania where they were fishing. The Russian trawlers were detained following the lawsuit of a Mauritanian firm, Societe de Promotion de la Peche (SPP), which, under forged documents, accused the Archangelsk Trawl Fleet of non-payment of $13 m. in alleged debt. On the basis of that fictitious debt, the ships were sold by the Mauritanian authorities to Abass Boughourbal, who is backed by high-ranking Russian officials, investigating commission suspects.

Seeking to retrieve its property, Russia has initiated a number of legal suits in various countries. As the subject of a legal suit, the trawlers should have been arrested and anchored in a Mauritanian port. However, ignoring the norms of procedure and the Mauritanian authorities’ appeals, A. Boughourbal and persons affiliated with him actively exploited the vessels.

Today, the search for the misappropriated trawlers successfully drew to a close, as the trawlers were found and arrested in Spanish ports following a decision by the Spanish courts. However, the advocates still need to prove the legality of Russia’s property rights to “Captain Cononov”, “Yuosas Alexonis” and “Trawlmeister Mogutov” in court.

The seizure of the trawlers is an important step in the protection of Russia’s rights, since it has been reported that Abass Boughourbal was actively seeking to resell the trawlers he had misappropriated to businessmen from Russia, China, Belies and other states.

Hereby, the Russian Federation advocates warn all third parties of the illegality of any transactions with said trawlers. Their acquisition will not be viewed as honest and their new owners will run the risk of losing them at the request of the Russian Federation.

A criminal suit has also been filed against Abass Boughourbal and his accomplices: a warrant for their arrest has already been issued. They have been declared subject to investigation by INTEPOL. In December 2005, in accordance with the European Convention on mutual legal assistance, Russia’s General Prosecutor sent an International Errand to Spanish law-enfocement agencies in the form of a criminal probe against the persons involved in the misappropriation of the Russian trawlers, requesting assistance in their detention. The Russian Foreign Ministry has sent numerous diplomatic notes to the Mauritanian Foreign Ministry requesting that they cease their exploitation and prevent resale of the trawlers illegally held in Mauritanian waters. The criminal probe and the trawlers’ retrieval process are now under the control of the Russian Government and Russia’s General Prosecutor.

“Despite the fact that Mauritania’s new Government has declared its commitment to the principals of democracy and justice, it has yet to make any effort to settle the conflict that has long transgressed the boundaries of dispute over property between the two economic players. The arrest of the trawlers in Spain creates an opportunity to defend Russia’s lawful interests and rights in this country. We hope that the Spanish courts will be more objective than their Mauritanian counterparts. All necessary legal measures in the interest of the Russian Federation are being taken”, Dimitry Afanasiev, the Chairman of EPAM said.