HOW UKRAINIAN AMBER IS ILLEGALLY TRANSPORTED TO POLAND

Haytham Al Fiqi Books: http://amzn.to/27nSCB9
HOW UKRAINIAN AMBER IS
ILLEGALLY TRANSPORTED TO
POLAND
Amber display in a jewelry store. Warsaw, Poland.
Photo: Maya Holub
24 February 2016
Raw amber, which is illegally mined in Ukraine, is
unlawfully transported abroad. And it is successfully
sold in Poland. These precious stones of organic origin
are also popular in Russia and China.
The Volyn customs unit of the State Fiscal Service of
Ukraine said that people, in the majority of cases,
have been hiding amber from customs control in their
personal belongings. They are also using specially
created storage units that are hidden in the frames of
cars. These hiding places were previously taken apart.
According to information from the customs unit, amber that becomes the property of the state on
the basis of a court decision is transferred to the “State Storage of Precious Metals and Precious
Stones of Ukraine.”
AMBER IN THE “GREEN CORRIDOR”
According to the State Border Service of Ukraine, they found 65 cases on the Polish side of attempting to
carry amber out of Ukraine involving 605 kilograms of amber in 2015.
In 2015, the employees of the Volyn customs control unit stopped 33 attempts to illegally transport
precious stones of organogenic amber through the border. Under the cases of violations of customs rules,
295,584.96 kilograms of amber were confiscated. The value of the amber already evaluated by experts is
UAH 145,834. Customs officers found many cases of the transfer of amber by citizens attempting to use
the “green corridor.”
IN POLAND, THEY TAKE AWAY AMBER AT CUSTOMS CHECKPOINTS BY THE TON
The Ministry of Finance of Poland, in response to a request for information on the amount of confiscated
illegal amber transferred through the Polish-Ukrainian border, provided the following statistics. In 2015,
Poland registered 225 cases of the illegal transportation of amber. Last year, they confiscated 19,551.0335
kilograms of amber.
At the Biala-Podlaska checkpoint, there were 101 cases of the illegal transportation of amber
(18,632.2565 kilograms). At Bialystok, there was one case of transferring the “sunny” stones (then they
were moving 15 kilograms of amber). At Olsztyn, there were 11 cases of the transfer of amber (165,597
kilograms). In Przemysl, there were 110 cases of the illegal transfer of amber (686.28 kilograms). In
Warsaw, there were two cases (51.9 kilograms of amber).
PRICES FOR UKRAINIAN AMBER IN POLAND

The ability to sell amber for a higher price abroad has led to people’s desire to transport the precious
stones across the border. Some people have managed to do it; others have not.
On Polish websites, there are many advertisements selling Ukrainian amber.
During an experiment by a journalist, we found out how much amber sellers can sell at a time and at what
price.
Journalists created an email address with the name Phillip Berger, who was supposedly a resident of
Germany. Later, we sent a message to sellers of amber that were posted on olx.pl saying that a
representative of a large German company wanted to purchase a large amount of Ukrainian amber. We
received answers the same day.
“Business correspondence”
One Polish man responded that amber, 5-10
grams of it, could be sold for $1,200 per kg and
10-20 grams for $2,400.
Another Polish resident was selling Ukrainian
amber for a little bit higher prices. He wrote that
he could sell 9 kg of amber with a higher grade in
10-20 gram sizes for $2,500 per kilogram. He also could sell a few stones (200 grams each in size) for
$6,500 and stones that are 20-100 grams for $4,500-5,500.
Also on olx.pl we found many offers to cooperate on sales of this “sunny” stone. For example, it could be
arranged to sell amber from Ukraine abroad and in Poland. However, in response to a question about
possible cooperation, sellers reassured us that there would be no problem with the transportation of the
amber from Ukraine.
WHAT ARE THE CHARGES FOR SMUGGLING AMBER INTO UKRAINE?
Oleksandr Burmahin, media lawyer from the Regional Press Development Institute, talked about the
consequences for smuggling amber.
“Our legislators have created such ‘smart’ laws that basically they have allowed criminals to escape
charges and punishment in cases of the transportation of amber. They did not include amber into the list of
items whose concealment falls under Article 201 of the Criminal Code. That list does not have any metals
or jewelry… There was another article in the Criminal Code, 214, which could have been used in such
cases, but now it has been completely removed. Thus, today, only administrative charges can be pressed.”

Oleksandr Burmahin pointed out that violations of customs rules are administrative crimes, which means
intentional or unintentional illegal actions or inactions that violate the order established by Ukrainian
legislation for transferring goods and transportation through the customs border of Ukraine.
Violations of customs rules are defined in Article 56 of the Customs Code of Ukraine.
Administrative responsibility applies if these violations did not lead to criminal responsibility.
For violations of customs rules, citizens who reach 16 years of age or official representatives of businesses
can be responsible for violations of the customs rules. Pressing charges for violations does not free
implicated people from their responsibility to pay taxes, dues or other fees.
Goods used to transport items in violation of customs rules through the customs border of Ukraine can
confiscated regardless of the time when the violations of the customs rules took place or are revealed.
According to this lawyer, the most widespread violations of the customs rules are covered by articles 351
and 352 of the Customs Code. Those include actions directed at transporting goods, vehicles through the
customs border of Ukraine, skipping customs control and using illegal exemptions from customs control
due to the abuse of official or employment positions by customs officials. Such actions can lead to charges
with fines of up to 500-1,000 untaxed minimum incomes and the confiscation of these goods, as well as
the confiscation of vehicles that were used for the transportation of these goods because they are the direct
subjects of customs rule violations across the customs border of Ukraine.
The concealment of items in hiding places while attempting to transport them through the customs border
can lead to fines of 500-1,000 untaxed incomes of
citizens or the confiscation of these goods (as well as
the confiscation of goods and specially created
stashes and vehicles used for the transportation of
these items through the customs border of Ukraine).
The same consequences apply to cases where people
had items with fake documents or illegally received
documents, or documents with untruthful
information.
Pit. This is how a typical place where diggers work
look
In Poland, fines are pretty high. Wieslaw Drudge,
press secretary of the Ministry of Finance of Poland, said that on unprocessed amber there is a 0%
customs duty, but VAT is 23%. Because of this, there is a requirement to present it for customs control.
Avoiding taxation, regardless of the amount, is viewed as a fiscal crime or a tax crime.
According to her, the illegal transportation of amber entails fines of up to 17,758,000 zloty or up to five
years in prison or a combination of both. Punishment for tax crimes entails fines of up to 37,000 zloty.
Besides that, smuggled amber, tools and other objects used with the purpose of conducting this criminal
activity (for example, a vehicle) could be confiscated by the state treasury.
CORRUPTION AT UKRAINIAN CUSTOMS: WHAT IS NEXT?
Corruption at customs facilitates smuggling. This fact is often discussed on the Internet. Recently, the
prosecutor of Volyn region arrested a customs officer who had been receiving an improper advantage by
facilitating smugglers. This border agent setup an entire scheme to receive “dues” for smuggling. In
February 2016, for the organization of the transportation of 5 kilograms of amber through the Ukrainian
border into Belarus through the checkpoint, he received $1,000. This was not a one-off case.

The State Fiscal Service of Ukraine said that 13 officials from the customs departments of the State Fiscal
Service were handed court decisions that held them administratively or criminally responsible for corrupt
actions in 2014-2015.
Based on information from the Volyn regional prosecutors, employees of Volyn customs were not
charged with responsibility for any corrupt activity in 2015. In 2014, two customs service employees were
brought to justice.
Vitalii Shabunun, head of the executive board of the Anticorruption Action Center, said what has to
be done to eliminate corruption at the customs service.
“We need to put a few officials in prison. Better top officials in this state body. Better with the
confiscation of their property. Only after that we can move on to reforming the entire structure,” he said.
THE “TREASURES” OF THE FOREST ARE NOT FOR EVERYONE
In order to mine amber, people destroy the forests in Volyn, Rivne and Zhytomyr regions on their own.
Miners destroy the ground in order to find the “treasures” of the forest and make money.
According to the State Ecological Inspection of Ukraine in Volyn region, 10.03 hectares of forest land was
damaged in Volyn in 2015. The total loss caused to the state because of violations of land legislation
amounted to 340,935 hryvnias.
Petro Poroshenko, president of Ukraine, previously
said that 90% of amber in Ukraine was mined
illegally and was “covered” by law enforcement.
“None of the sites work without the police,
prosecutors or security service employees
‘covering’ up for them or without ‘cover’ by the
district administrations. Well coordinated. The
leader there is the police. I am not going to take
it…” said the president last summer.
For example, last year it was revealed that in
Zhytomyr oblast the amber business was being
“covered” by a security service officer.
Restoration of the forest in places where illegal
mining has taken place will take decades
Sofia Shutyak, lawyer from the organization Ecology-Law-Humans, pointed our attention to the
“geographical” peculiarity of amber, since in many countries this stone does not exist. Today we observe
the thoughtless consumption of natural resources. But amber is a very useful mineral of national
importance.
In order to mine this mineral in Ukraine, you have to go through a general procedure to get a special
permit to use natural resources. After that and after paying all necessary fees, you can mine amber and sell
it within the territory of Ukraine. In order to export it abroad, you should get permission from the Ministry
of Finance and the Ministry of Economic Development.
“The situation will change only when amber will be included into the Ukrainian list of goods for foreign
economic activity and will get quotas for sales abroad, allowing for export taxes to be paid. Then our
country will at least somehow be compensated for its loss,” said the expert.

In Ukraine, there is responsibility for violating the law on natural resources. According to article 240 of
the Criminal Code of Ukraine, violations of the established rules on the use of natural resources can lead
to punishment of 400-700 untaxed minimum incomes of citizens or restrictions on freedom of movement
for up to three years or imprisonment for the same term. In that same code, there is also Article 246 on
illegal logging. Violations of this article can lead to fines of 50-100 untaxed minimum incomes or arrest
for up to six months or restrictions on freedom of movement for up to three years or imprisonment for that
same term, with the confiscation of the illegally acquired goods.
Petro Testov, an ecologist, said that violators should be arrested. Moreover, the borders should be closed
for the illegal transportation of amber, necessary quotas for the export of amber should be established and
conditions for processing amber in Ukraine should be setup that would stimulate the creation of legal jobs
in the region.
According to electronic database of the Geoinform Ukraine State Scientific-Production Enterprise, there
are only two existing special permits that allow for the use of natural resources based on which amber can
be mined. They were given to state enterprise Amber of Ukraine and Sunny Craft Center, Limited from
Rivne region. This information was received from the State Service on Geology and Natural Resources of
Ukraine.
In 2006 and 2009, special permits to use natural resources were given by the Ministry of Environmental
Protection of Ukraine. Since 2011, these permits have been given by the State Service on Geology and
Natural Resources of Ukraine.
They said that on the territory of Ukraine there are four deposits of industrial amounts of amber that have
been explored and accounted for by the state. They are Klesivske, Vilne, Volodymyrets-Skhidne, and the
South-Eastern sites of “Golden” deposits in Rivne region. According to data on the amount Ukraine’s
useful resources, specifically amber, there are no amber deposits registered in Zhytomyr or Volyn oblasts.
In the village Vovchetsk in Volyn, amber seekers are attracted by the large deposits of amber. Locals say
that they often see cars with foreign license plates in their village. On the road by the forest, villagers see
long lines of buyers of amber. Buyers, right on the spot, purchase amber stones and carry them abroad.
Villagers complain that now guards are not
allowing them to mine amber in the forest.
However, according to them, people who have
come from elsewhere are doing it.
Right now, the territory of these Volyn klondikes is
guarded by police from the Head Department of the
National Police, militants from the National Guard
of Ukraine and forest guards. Special checkpoints
have been created. People with weapons check cars
and people who go onto the territory of the forest.
The guards say that right now nobody is mining in
the forests. However, people have tried to break
through many times and get access to the
“treasures” of the forest.
FROM RUSSIA AMBER IS ILLEGALLY TRANSPORTED ABROAD – TO POLAND, THE
BALTICS AND CHINA
Kaliningrad region is called “amberland” since on the territory of this region there is over 90% of the
world’s registered deposits of amber. This is the only region in the Russian Federation where there are
explored deposits of this stone.

We can basically say that unprocessed raw amber is prohibited from export by the Russian Federation by
private individuals and legal entities who do not have the necessary licenses (limitations are regulated by
the Code on Administrative Crime of the Russian Federation). Nevertheless, the world’s capital of amber
products is recognized as a city in Poland – Gdansk, where they hold a global exhibition of amber
processors. Amber products are regarded to be a symbol of tourist attractions in Baltic countries.
The biggest interest in raw amber stones comes from China, where products from this stone are regarded
to be precious and cost a lot. Polish and Lithuanian processors do not hide the fact that their jewelry is
made mainly from Kaliningrad amber, which stands out due to its qualitative advantages.
The only enterprise that has an official license to develop amber deposits in Kaliningrad region is the
Kaliningrad Amber Factory. It was a completely classified factory during Soviet times that survived the
hard 90s/00s: the legal entities of this factory have gone through bankruptcy procedures, the factory has
been under the control of criminal structures and the system under which it mines and sells raw amber has
been completely nontransparent.
Until 2014, the amber factory was under the supervision of the Ministry of Finance of the Russian
Federation, but state officials did not view this business as a “core asset” and during that period schemes
for selling amber abroad by commercial structures were active, which provided the owners with hundreds
of millions in income.
In 2014, the Kaliningrad Amber Factory was given to state corporation Rostekhnologii, the head of which
was Sergey Chemezov, who according to media is a friend of Russian President Vladimir Putin. Today, it
is Rostekh that is the beneficiary of schemes under which raw amber is sold abroad through the daughter
companies of the Kaliningrad Amber Factory (author: the factory gives the main part of mined raw stones
to its daughter company JSC Yantar Yuvelirprom) and a number of legal entities that have characteristics
of being proxy companies.
Besides, we can say that the volume of illegal amber mining in Kaliningrad region is approximately the
same as that mined by the factory. In addition to officially registered deposits of amber, there are many
others on the territory of the entire region that open big possibilities for private businesses.
Responsibility for illegal mining of raw amber, according to Russian legislation, is pretty mild, entailing
only up to administrative fines.
The department of the Ministry of Internal Affairs in Kaliningrad region report every day about dozens of
arrests of “black miners,” but basically these same people go out to mine amber the very next day. The
miners themselves say that the informal fees that allow them to mine illegally without being arrested by
law enforcement is 10,000 rubles per day. However, the potential income for miners easily allows them to
take on such expenses.
Official prices for raw amber in Kaliningrad region are anywhere from 1,000 to 50,000 rubles per
kilogram depending on the quality. At the same time, the price for this raw material in Poland, the Baltics
or China is 10 times higher. All of that makes the business of selling amber abroad from the Russian
Federation very profitable.
Considering these points, the border service very rarely reports about single cases where it stops the
smuggling of unprocessed amber at border checkpoints in Kaliningrad region. There have also not been
any official reports about the arrests of customs or border service officials for corruption in the amber
sphere in recent years.
If we compare the experiences of Ukraine and Kaliningrad region, we can say that there are similar
problems in the amber sphere: illegal mining, the absence of necessary state control, shady sales, etc.
Maya Holub, Journalist from the Ukrainian/Polish newspaper “Monitor Wołyński”

Nykyta Kuzmin, Chief editor of the Kaliningrad business portal RUGRAD.EU
This material was prepared with the support of project SCOOP in Ukraine
http://corruptua.org/2016/02/kak-ukrainskiy-yantar-nelegalno-vyivozitsya-v-polshu/
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HOW UKRAINIAN AMBER IS ILLEGALLY TRANSPORTED TO POLAND