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Sanctioned Russian billionaire wins right to use his yacht on the French Riviera

PARIS (Reuters) - A French court on Wednesday ordered the country's customs agency to release an impounded yacht owned by a Russian billionaire hit by European sanctions, due to procedural errors made during the seizure of the vessel.

Customs agents seized the 27-metre "La Petite Ourse" on March 16, after its owner, Alexey Kuzmichev, one of the main shareholders of Russia's Alfa Bank, was sanctioned by the EU in March for his ties to President Vladimir Putin.

The Paris Appeals court ruled that customs officers had not followed correct procedures when they boarded the vessel, which was moored in the Cote d'Azur town of Antibes.

The agents had cited a fraud investigation when they presented themselves to shipyard authorities, which under French law permits customs to search a vessel.

The ruling underlines the challenges faced by European nations in freezing the assets of Russian oligarchs.

Kuzmichev sued the French authorities in an effort to win back access to his two yachts held in France, La Petite Ourse and La Petite Ourse II.

As a sanctioned individual whose assets are frozen, Kuzmichev is still prohibited from taking La Petite Ourse out of French territorial waters, but he is now allowed to access the yacht and use it within French waters, his lawyer said.

"Inside [of France], he is allowed to move around, whether by foot, by horse, by car or by boat," lawyer Philippe Blanchetier said.

The court also ordered that French customs pay the tycoon 10,000 euros in compensation.

The customs agency declined to comment immediately.

A court in Rouen will rule on the second vessel, La Petite Ourse II, moored in Cannes, at a later date.

(Reporting by Layli Foroudi in Paris; Editing by Richard Lough and Matthew Lewis)

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Alexei Kuzmichev: Sanctioned Russian tycoon detained in France

A Russian billionaire has been detained in France suspected of violating EU sanctions and tax fraud.

In one of the first actions of its kind in France since the Ukraine war began, Alexei Kuzmichev was detained in Saint-Tropez on the French Riviera.

Police raided properties in both Saint-Tropez and Paris which are linked to the tycoon, an ally of President Vladimir Putin.

Lawyers for Mr Kuzmichev were not immediately available for comment.

A co-founder of Russian finance consortium Alfa Group, he was detained on Monday in connection with alleged money laundering, tax evasion and violating international sanctions, French financial prosecutors confirmed to Reuters news agency.

By Tuesday morning no charges had been brought but he was still in custody, they said.

Dozens of police took part in raids on the 61-year-old's Paris home and his villa in Saint-Tropez, Var, according to French daily Le Monde .

It is unclear what sanctions Mr Kuzmichev is suspected of violating, however the investigation is being carried out by France's anti-corruption office.

The Kremlin spokesman told Russian news agencies that it would help protect his rights as a Russian citizen, if he wished.

The businessman is listed by Forbes magazine as the 389th richest person in the world, worth around $6.4bn (£5.25bn).

The European Union imposed sanctions on him in March 2022, shortly after Russia's full-scale invasion of Ukraine, saying: "(Kuzmichev) is believed to be one of the most influential persons in Russia. He has well established ties to the Russian president ."

French authorities then impounded two yachts that he owned, La Petite Ourse and La Grande Ourse. Although proceedings against him on the yachts have been annulled, they are still subject to an asset freeze.

Mr Kuzmichev was also on the board of UK-based investment firm LetterOne along with other Russian business figures, but he resigned in March 2022 saying it was "the right thing to do" .

He is one of the few Russian billionaires to have remained in Europe since the invasion of Ukraine, and is reported to have launched an appeal to lift the EU sanctions against him, with a decision due in mid November.

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By SuperyachtNews 05 Oct 2022

Kuzmichev lawsuit explained

Sanctioned russian billionaire alexey kuzmichev has won part of a lawsuit against france’s customs authority over the inability to access his yachts….

Kuzmichev sued the French authorities (his lawyer bought the case before the French court of appeal) in September 2022 in a bid to regain control over his vessels La Petite Ourse and La Petite Ourse II , held in the Cote D'Azur towns of Antibes and Cannes, respectively.

In an interview with Reuters,  Kuzmichev’s lawyer, Philippe Blachetier, argued that customs officials did not have the right to immobilise the yachts. Blachetier pointed out that when raiding the yacht French customs officials made procedural errors:  "If you own an asset for your personal use, like a yacht, you have the right to make use of it even though it's frozen", Blanchetier informed Reuters prior to the ruling. Kuzmichev, one of the main shareholders of Russia’s Alfa-Bank, was sanctioned by the EU in March 2020 for having close ties with Vladimir Putin.

The judgement, made this morning by the Paris court of appeals, ruled that French customs’ move to board and immobilise  “La Petite Ourse” was “irregular” and annulled the raid, according to Bloomberg.  The judges concluded that the second lawsuit  “La Petite Ourse II” should have been filed at another court, and did not take a decision on it. The court of appeals in Rouen is due to take up the case.

SuperyachtNews speaks to France-based Superyacht Lawyer Jean-Philipe Maslin of Richemont Delviso, for further insight into the background of the case, and how it compares to the broader range in sanctions enforcement internationally:

“In France, it's left up to the French customs to enforce (EU sanctions). How it works is that automatically and just by virtue of the regulation being published, the assets are considered frozen as long as they're owned or controlled by a designated person or sold within the purview of the EU regulation. There is no actual seizure of the asset. It is just frozen, prevented from being used, prevented from being sold.”

Maslin spoke about the arrest of a yacht making customs liable for said arrest and therefore become the custodians or guardians of each vessel, as was the case with the arrest of Amadea in Fiji. However, Maslin explains, “French customs don't apply this. They consider basically that the person that owns the vessel is the custodian and guardian.”

Maslin explained that the readiness of French Judges to uphold the rights of Designated Persons when their rights have been breached stems from the precedent of an arrest by French customs officials on a cargo vessel, the Pola Ariake. The ship was owned and operated by the Ministry of Transport in Russia, who was part of Putin’s inner circle. However, when the French Customs initially refused to release the vessel contrary to the court order:

“The owner sued them again in court for breach of the court order and obtained approximately €100,000 in damages, according to the reports....They (French Customs) are liable for 1% of the value of the vessel for the months during which it was arrested. So the liability is extremely, extremely high and increases very rapidly for the French. That's why they only arrest vessels specifically when they're certain of it. Otherwise, they just notify of the freezing of the asset.” 

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M/Y La Petite Ourse

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LA PETITE OURSE

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The current position of LA PETITE OURSE is in Mediterranean Sea - Western Basin with coordinates 43.58894° / 7.12883° as reported on 2022-08-11 12:08 by AIS to our vessel tracker app. The vessel's current speed is 0 Knots and is currently inside the port of ANTIBES .

The vessel LA PETITE OURSE (MMSI: 248000483) is a Pleasure Craft It's sailing under the flag of [MT] Malta .

In this page you can find informations about the vessels current position, last detected port calls, and current voyage information. If the vessels is not in coverage by AIS you will find the latest position.

The current position of LA PETITE OURSE is detected by our AIS receivers and we are not responsible for the reliability of the data. The last position was recorded while the vessel was in Coverage by the Ais receivers of our vessel tracking app.

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La Grande Ourse

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LA GRANDE OURSE yacht NOT for charter*

31.5m  /  103'4 | falcon | 2007.

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Special Features:

• RINA (Registro Italiano Navale) classification
• Cruising speed of 23 knots
• Sleeps 10 overnight

The 31.5m/103'4" motor yacht 'La Grande Ourse' (ex. Falcon 102/136) was built by Falcon in Italy at their Viareggio shipyard. Her interior is styled by design house Falcon and she was completed in 2007. This luxury vessel's exterior design is the work of Falcon.

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She is also capable of carrying up to 5 crew onboard to ensure a relaxed luxury yacht experience.

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Built with a GRP hull and GRP superstructure, with teak decks, she has impressive speed and great efficiency thanks to her planing hull. Powered by twin diesel MTU (16V 2000 M91) 16-cylinder 2,000hp engines, she comfortably cruises at 23 knots, reaches a maximum speed of 27 knots with a range of up to 600 nautical miles from her 10,500 litre fuel tanks. Her water tanks store around 2,500 Litres of fresh water. She was built to RINA (Registro Italiano Navale) classification society rules, and is MCA LY2 Compliant.

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Motor yacht La Grande Ourse is currently not believed to be available for private Charter. To view similar yachts for charter , or contact your Yacht Charter Broker for information about renting a luxury charter yacht.

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