February 16, 2015 Cargo Inspection Expert’s Report
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Mireille Antoine Moukarzel
Forensic Chemical Expert at the Lebanese Customs Authority
Chemical and Petroleum Expert at the Lebanese Courts
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Report Prepared by the Chemical and Petroleum Expert Mireille Moukarzel to the attention of his HH Mr. Nadim Zouein, Urgent Matters Judge in Beirut
Petition No: 78/2015
First – The Mission
On January 28, 2015, I, the expert Mireille Moukarzel, was notified of the decision of the Urgent Matters Judge in Beirut (Decision No: 78/2015) based on the petition files by Savaro Limited represented by Mr. Joseph El-Kareh (Lawyer) concerning the following:
To inspect the merchandise present in hangar 12 at the Port of the Beirut which consist of bags containing ammonium nitrate according to the ship manifest in order to examine the status of the material, its quantity and determine whether it is fit for consumption.
- The ship manifest is hereby attached.
Second – The mission Execution
As soon as I got notified about my mission, and after review of its content, I communicated with the petitioner’s lawyer to schedule an appointment in order to inspect the merchandise at Beirut Port.
After notifying the relevant administrations at the port, an appointment was set to examine the abovementioned merchandise on Wednesday, February 4, 2015.
Mireille Antoine Moukarzel
Chemicals and Petroleum Expert at the Lebanese Courts
[Signature]
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At 10:45 am on the set date, I, the Chemical and Petroleum Expert Mireille Moukarzel, came to Beirut Port where the merchandise is stocked, in the presence of Mahmoud Ibrahim, Staff Sergeant, and Georges Daher, head of the hangar where the merchandise is stocked (hangar 12).
Attorney Joseph El-Kareh who represents the petitioner was not able to arrive due to a heavy traffic jam.
Mahmoud Ibrahim, Staff Sergeant, and Georges Daher, head of the hangar, opened the hangar (hangar 12) where the merchandise is stocked.
The merchandise was examined, and samples were taken for analysis.
Attached hereto is the original record on February 4, 2015
Third – The Inspection Result
After inspection of the merchandise, it turned out that the merchandise is in a dire condition, the bags were torn, and the material was leaking outside the bags and its color had changed. The following photos are proof of the merchandise conditions.
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It was impossible to count the bags because of the way in which they are stored and because they were placed in an unorganized way that they cannot be counted. But according to the Bill of Lading, the number of the bags is 2,750.
- Attached hereto is a copy of the Bill of Lading
Furthermore, and according to the Entry Form, 1,950 out of the 2,750 bags were torn.
- Attached hereto is a copy of the Entry Form
Ammonium nitrate is used primarily as fertilizer, and it can be used in the manufacture of explosives.
Whether the goods in the untorn bags were fit for use, these goods are usually fit for use if they have not absorbed humidity but to make sure of that, they need to be analyzed. However, the petitioner [Savaro Limited] refused that.
Thus, the material in the torn bags should be disposed of according to the local environmental control regulations.
Mireille Antoine Moukarzel
Chemicals and Petroleum Expert at the Lebanese Courts
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Note concerning the fees’ increase:
Given the efforts deployed by the expert to inspect the goods stocked in hangar 12 at the Port of Beirut, to take photos, and to peruse all the presented documents and the scientific studies done to fulfill the mission points accurately and clearly,
I hereby request the Court to increase my fees to LBP 1,700,000, including the expedited advance.
Faithfully
Expert Mireille Moukarzel