Russian Ship Arrested in Svalbard: ‘We are Not a Party,’ says the Governor of Svalbard

Following an order from the Nord-Troms District Court, the Governor of Svalbard has arrested the Russian ship "Professor Molchanov", which is currently docked in Barentsburg on Svalbard. 

The arrest was carried out on Wednesday this week, following a ruling by the District Court on August 31, granting the Ukrainian company Naftogaz the right to seize the Russian ship. 

Not a party to the case

"It is important to emphasise that this is a civil dispute to which neither the Norwegian state nor the Governor of Svalbard is a party," Governor of Svalbard Lars Fause tells High North News.

"When we received the court order from the Nord-Troms District Court, our task was to read out the district court's decision to the captain. Our role is equivalent to the bailiff, we are merely a messenger in this matter," he adds. 

To Aftenposten, Communications Adviser Andreas Bondevik, at the Norwegian Ministry of Justice and Public Security, writes that the case has been handled in the ordinary manner by the Norwegian judicial system. 

"As a bailiff, the Governor of Svalbard is obliged to implement the decision of the Nord-Troms District Court," he says and adds: 

"This is a case between Naftogaz and Russia. Norway is not a party to the case and was not aware of it until after the decision to arrest the vessel had been made."

Remains in Barentsburg

Governor Fause provides a few details about the course of events and the Governor's further responsibilities in this situation. 

"We were on board the ship as usual on Tuesday and carried out border and customs inspections. It was a completely ordinary, routine inspection, and this is probably the 15th time or so that we have done this."

"With regards to the arrest proceedings, the police and the interpreter boarded the ship on Wednesday to read out the District Court's decision. The only decision left for me to make was where the vessel should be located, and my decision was that it could remain where it was docked, in Barentsburg," he says. 

In dialogue 

The Governor of Svalbard states that the crew and passengers on board the vessel are being taken care of in collaboration with Trust Arktikugol.

Trust Arktikugol is Russia's company in Svalbard. The company has scaled down coal production in Barentsburg, but, as HNN has previously reported, has increasingly invested in tourism and research in Svalbard. 

"We know the exact number of passengers and people who are now without means of transport and who had planned to travel back to Russia. We are spending our time resolving the situation concerning the civilians affected by the arrest and are in close and proper dialogue with Trust Arktikugol on this matter," Fause says. 

Seeking billions in compensation

The legal process and ruling are part of the Ukrainian company Naftogaz’s effort to recover funds that were expropriated by Russia in 2014, the Governor of Svalbard elaborates in a press release in connection with the arrest. 

Naftogaz is Ukraine’s largest oil and gas company and is wholly owned by the Ukrainian state. 

The Ukrainian company states that the outstanding obligations amount to approximately $4.2 billion, which Russia was ordered to pay following the arbitration award issued in The Hague. The arbitral award had previously been recognised as enforceable in Norway.

"This is another important step towards restoring justice for Russia’s unlawful seizure of Naftogaz assets in Crimea. Russia cannot evade responsibility simply by refusing to comply with an international arbitral award," says Naftogaz Acting CEO Sergii Fedorenko in a press release.

"We will continue to pursue Russian assets around the world until the compensation awarded to Naftogaz and other Naftogaz Group companies is paid," he adds. 

Russian reactions 

Several Russian reactions emerged on Thursday, including from Alexei Chekunkov, Russian Far East and Arctic Development Minister. According to the Russian news agency TASS, he says that he assures that “the legal team of Arktikugol (the ship's owner) will soon provide a formal legal response.”

To NRK, Russia's ambassador to Oslo, Nikolay Korchunov, says that the lawyers will appeal the Norwegian District Court's decision and defend Russian interests on a legal level.