Interlegal prevented obtaining the Client’s cargo by fraudsters

• Legal Support of Foreign Economic Activity

Interlegal prevented obtaining the Client’s cargo by fraudsters

The Client, a large Ukrainian enterprise, has entered into Sale & Purchase Agreement with a large respectable African company upon welding electrode delivery from Chornomorsk Sea Port to Mombasa Sea Port. Delivery was carried out in two routes: 2 containers were transported by Maersk Line, while 3 containers were transported by MSC line. As per the Agreement, the Buyer had to pay for the cargo in installments: advance payment amounting to 15% and balance payment upon receipt of the cargo at the port of discharge. Also pursuant to the Agreement, original bills of lading should be issued to the Buyer immediately after loading the cargo on board of the vessel.

When the first two containers arrived at the port of discharge, the Consignee picked up the cargo against original registered bills of lading, however, payment for the cargo was not received. The Client wondered, what was the reason, and it turned out that the Buyers are not who they claim to be, but the company is a twin of a well-known African company.

The Client understood that he got involved in a fraudulent scheme and it was impossible to return the first two containers; however, it was necessary to regain control over the remaining three containers. Otherwise, the Client would have lost both cargo and funds. The Client applied to Interlegal upon legal assistance in non-releasing cargo to the consignees.

Interlegal lawyers, having analyzed the documents and assessed the situation, developed legal position aimed at defense of the Client’s rights. Within the framework of case study, the Consulates of Ukraine in Kenya and Uganda, various associations, INTERPOL, the Kenyan customs authorities were involved, jointly with initiating criminal proceedings. In addition, we contacted MSC head office in Geneva, as well as MSC branches in Ukraine and Kenya, as well as arrested the cargo and issued an order to the customs authorities not to carry out cargo customs clearance until receiving instructions from the investigator. Following complex work, the fraudsters returned original bills of lading and the Client regained control over cargo.

Interlegal lawyer & attorney-at-law Irina Maltseva, managed by senior associate & attorney-at-law Ellina Romanova, led the case.

Irina Maltseva

maltseva@interlegal.com.ua

Ellina Romanova

romanova@interlegal.com.ua