Fiji’s Court of Appeal has ruled that the Russian luxury yacht Amadea, seized by the US government but docked in western Fiji, will stay in the country for at least another month.

Defence lawyers acting for the vessel’s registered owners, Millemarin Investment Limited, sought a stay order in the Fiji Court of Appeal after High Court judge Justice Deepthi Amaratunga refused their application.

Haniff and Tuitoga had sought a stay order on his Tuesday ruling to grant Fijian authorities the power to enforce a US Justice Department (DOJ) warrant to seize the Amadea.

• READ MORE: Graham Davis: Behind the saga of the ‘seized’ Russian super yacht Amadea
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The Amadea, which arrived in Fiji on April 12 after an 18-day crossing from Mexico, is according to the US government owned by Russian oligarch Suleiman Kerimov.

Kerimov faces money laundering charges in the US and is also part of a wider network of oligarchs, close associates of the Russian President Vladimir Putin who are sanctioned by the United States, the United Kingdom, and the European Union.

“The US Treasury Department’s Office of Foreign Assets Control designated Kerimov as part of a group of Russian oligarchs who profit from the Russian government through corruption and its malign activity around the globe, including the occupation of Crimea,” the Department of Justice said in a statement issued Thursday morning in Washington DC.

“According to court documents, Kerimov owned the Amadea after his designation. Additionally, Kerimov and those acting on his behalf and for his benefit caused US dollar transactions to be routed through US financial institutions for the support and maintenance of the Amadea.”

US police boarded boat
On Thursday, Fijian police with US law enforcement who have been in the country since the Amadea arrived in Fiji from Mexico, boarded the yacht.

Justice Amaratunga told the court on Friday afternoon the Fiji Mutual Assistance Act, which facilitated the enforcement of US seizure action, limited his ability to stay his earlier order.

Haniff and Tuitoga lawyers received their stay on Friday evening, keeping the Amadea in Lautoka while they take the 30 days allowed to appeal the ruling to execute US seizure orders.

Meanwhile, the boat has a team of US marshals, the US Coast Guard, the Federal Bureau of Investigations, and Fiji police.

The skipper and some crew are believed to still be on the vessel.

This article is republished under a community partnership agreement with RNZ.

The Fiji Revenue and Customs Service has issued two infringement notices to the captain of the seized Russian super yacht Amadea which is berthed in Lautoka port.

These are notices under Section 14 of the Customs Act of 1986 for failure to comply with procedure on arrival and Section 17 which deals with failure to comply with people disembarking.

Section 14 deals with infringements under “procedure on arrival” where the master of every aircraft or ship arriving in the Fiji Islands shall bring the ship or aircraft to an airport or port or mooring without touching at any other place.

• READ MORE: Russian billionaires head for Turkey to flee Western sanctions
• Earlier reports on the Amadea
• US seizes Russian super yacht docked in Spain
• France seizes Russian oligarch’s yacht amid EU sanctions

A fine not exceeding F$20,000 (NZ$14,000) or imprisonment for four years applies for the infringement.

Section 17 deals with “provisions as to persons disembarking from or going onboard an aircraft, ship” and states a person who contravenes or fails to comply with any direction given by the Customs comptroller under the provisions of this section is guilty of an offence and is liable to a fine not exceeding F$10,000 (NZ$7000).

“These charges are as per the Customs Act 1986,” said Police Commissioner Brigadier-General Sitiveni Qiliho.

“Normally the Act, (FRCS) Fiji Revenue and Customs Service acts on a fine matrix. If he pays the fines, then good otherwise, we will need to go to the court.”

US officials join investigation
Repeka Nasiko reports that American government officials are working with the Fiji Police Force in investigations over the Amadea.

Police Commissioner Brigadier-General Sitiveni Qiliho said the US investigators had already boarded the super yacht.

Commissioner Qiliho said investigations were progressing well.

“We are working very closely with the US government in regard to the current seizure of the yacht at the moment while we go through that investigation process,” he said.

He said the next course of action would not take place overnight and “probably take the next couple of days”.

The crew, he said, were on board and the person of interest was the captain of the vessel.

“The crew are of other nationalities.

“Their embassies and high commissions have been in touch with the investigation team and we are working through the US government with those embassies regarding the crew members who continue to be on board the vessel.”

He added that all relevant defence and border agencies were involved in the investigations.

“We have the RFMF through the Fiji Navy, Customs, Fiji Police and our international counterparts that monitor the movement of vessels.”

Amadea is reportedly owned by Russian oligarch Suleiman Kerimov, who is currently sanctioned by foreign governments, including the US, over the Russian invasion of Ukraine.

Anish Chand is the Fiji Times West Bureau chief reporter; Repeka Nasiko is a Fiji Times reporter. Republished with permission.

The seizure of a super yacht — reportedly owned by a sanctioned Russian oligarch — by the US government in Spain recently could point to a similar scenario playing out in Fiji in relation to the Amadea which is berthed at Lautoka port.

The US Embassy in Suva did not answer Fiji Times queries yesterday on whether it had made an application to Fiji for the seizure of Amadea.

Fiji police are investigating the ship and the circumstances of its arrival in Fiji.

• READ MORE: Russian billionaires head for Turkey to flee Western sanctions
• Earlier reports on the Amadea
• US seizes Russian super yacht docked in Spain
• France seizes Russian oligarch’s yacht amid EU sanctions

Last week, Spain acted on a request from the US Department of Justice to seize a $180 million yacht, Tango, owned by sanctioned Russian oligarch Viktor Vekselberg.

“Together, with our international partners, we will do everything possible to hold accountable any individual whose criminal acts enable the Russian government to continue its unjust war,” said Attorney-General Merrick Garland after the seizure of Tango.

Al Jazeera reports that a yacht linked to a Russian aluminium tycoon arrived in a bay near the southwestern Turkish resort of Gocek yesterday, as more Russian billionaires head for Turkey to flee Western sanctions over Russia’s invasion of Ukraine.

Oleg Deripaska, founder of Russian aluminium giant Rusal, has been sanctioned by the US, United Kingdom and European Union.

Super yacht arrives
A witness saw the 73-metre yacht Clio arrive off the coast of Gocek in the Aegean coastal province of Mugla.

The Cayman Islands-flagged vessel remains in the bay off Gocek.

The arrival of the Clio in Turkish waters came after two super yachts linked to Russian billionaire Roman Abramovich, who made a surprise appearance at Ukraine-Russia peace talks in Istanbul this month, docked in Turkish ports.

Anish Chand is the Fiji Times West Bureau chief reporter. Republished with permission.

Fiji is making a mockery of its stand in the United Nations in condemning Russia’s war against Ukraine by allowing the Russian super yacht Amadea to berth in the western port of Lautoka, says opposition People’s Alliance party leader Sitiveni Rabuka.

He called on government to send it on its way immediately.

He made the comment as police are investigating why the Amadea had entered and stopped inside Fiji’s territorial waters before a clearance from Customs was issued.

• READ MORE: Fiji investigates arrival of Russian oligarch’s vessel, questions captain
• ‘We don’t do Russians’, says Fiji health minister
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Police Commissioner Brigadier General Sitiveni Qiliho said the super yacht was being investigated for alleged breach of Fiji’s Exclusive Economic Zone.

The super yacht belonging to a Russian billionaire sanctioned by the USA, United Kingdom and Europe came into port at Lautoka on Tuesday.

Public sources say the Amadea is owned by Suleiman Kerimov, a Russian oligarch who is currently sanctioned over Russia’s invasion of Ukraine.

Marine Traffic, a marine analytics service, started showing Amadea in Fiji waters from daytime on Tuesday and by 6pm it was headed to the Lautoka Wharf.

Left Mexico last month
The Amadea left Manzanillo port in Mexico on March 24.

The 106-metre yacht risks being seized by the US, UK or any European Union country after they placed sanctions on Kerimov’s assets.

According to Fiji port requirements, any yacht arriving into Fiji must obtain approval from the Ministry of Health, Ministry of Trade and Transport and the Immigration Department.

“We have heard about it [Amadea] but nothing has come to Immigration,” said Immigration Secretary Yogesh Karan.

Questions sent to the Ministry of Health had not been answered on publication by The Fiji Times.

Anish Chand is the Fiji Times West Bureau chief reporter. Republished with permission.

“We don’t do Russians.” This was the response from Fiji’s Health Minister Dr Ifereimi Waqainabete when asked about the arrival on Tuesday of Russian super yacht Amadea.

“We’ll need clarification on that then we can comment on that,” he said. “We don’t do Russians.”

While the Prime Minister’s office did not respond to queries on the subject, the United States Embassy in Suva and the Delegation of the European Union in the Pacific said they had been in contact with the Fiji government over the presence in Fiji of the super yacht.

• READ MORE: Other Ukraine war reports

The Amadea, which arrived on Tuesday and was still in port yesterday, is owned by Russian billionaire Suleiman Kerimov.

Kerimov is on the United States, British and European Union sanctions list that came out after Russia’s invasion on Ukraine. Yachts owned by other sanctioned individuals have been seized all over the world.

“Seizing assets of Russian oligarchs supporting the invasion of Ukraine is a part of the sanction regime applied by the European Union,” said Sujiro Seam, Ambassador of the Delegation of the European Union.

“Several Russian oligarchs’ yachts have already been impounded in the European Union. The European Union is cooperating with partners around the world on the matter, including in the Pacific.

Consulting with Fiji
“The European Union is aware of reports of the presence of Amadea in Lautoka and, together with like-minded partners, is consulting with the government of Fiji.”

The US Embassy in Fiji also issued a similar statement, saying they are “cooperating with Fijian authorities on the matter”.

“The United States is committed to finding and seizing the assets of the oligarchs who have supported the Russian Federation’s brutal, unprovoked war of choice against Ukraine,” Stephanie Fitzmaurice, the regional public affairs officer said.

We are working closely with governments and private sector partners in Europe, and the entire world, including Fiji, on this issue.”

According to Fijian entry requirements, yachts must seek approval from the Ministry of Health, Ministry of Trade and Tourism and the Immigration Department before departing their last port.

Anish Chand is the Fiji Times West Bureau chief reporter. Republished with permission.