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AST Ascent Resources Plc

2.05
-0.05 (-2.38%)
01 May 2024 - Closed
Delayed by 15 minutes
Ascent Resources Investors - AST

Ascent Resources Investors - AST

Share Name Share Symbol Market Stock Type
Ascent Resources Plc AST London Ordinary Share
  Price Change Price Change % Share Price Last Trade
-0.05 -2.38% 2.05 08:00:22
Open Price Low Price High Price Close Price Previous Close
2.10 2.00 2.10 2.05 2.10
more quote information »
Industry Sector
OIL & GAS PRODUCERS

Top Investor Posts

Top Posts
Posted at 16/4/2024 14:03 by leexski
I have my stocks and Shares Account with Interactive Investor, the preference shares originally went in to that account then disappeared a few days later I found them in my trading Account so I emailed II to ask why and there answer was as these shares are unlisted so they cannot be entered in to your ISA account.
So that as much as Know.
Posted at 20/2/2024 07:38 by bad gateway
Deadline for preference shares was 6pm last night so thats done. ATB for the win for those holding those.
For new investors though too late for that, if AST do win their case and get paid in however many years it takes the co. will be flush with cash and the market cap of the co. will rise til then its a case of how do they raise funds for their proposed South American mining plans in the meantime?

Next update should be key on reasons to invest I'd of thought?
Posted at 08/1/2024 15:45 by linesal2
Thankfully the Slovenian Government is deeply in the companies involved, so AST will get paid out one way or the other. This will do tremendous damage to Slovenian investor relations if they do not step in before court action.
Posted at 08/11/2023 18:38 by linesal2
Current shares in issue today are 165,751,348 so if we won the full £600Million and ast shared £10m between all investors that would be just over 6p a share on top of your holding, not a bad dividend, I would be expecting a minimum of £50M shared if the full amount was awarded, either way, a nice Bonus.
Posted at 19/10/2023 16:20 by flaart
Yes, look at the last few RNS. Investor at 3.5p £1.5m
Posted at 28/7/2023 07:46 by burtond1
Does lower inflation mean better times ahead for small cap investors??With many companies at exceptionally low valuations, we pick 15 small cap companies worth watching : #AST #BLOE #CGO #EEE #HE1 #HEMO #HVO #JAN #LND #LEX #OCTP #PALM #POLB #POW #URAHhttps://total-market-solutions.com/2023/07/does-lower-inflation-mean-better-times-ahead-for-small-cap-investors/
Posted at 24/5/2023 09:43 by burtond1
Good news for AST??In the letter to Minister Brežan, the office also noted that the investor had estimated the damage in the application for arbitration at a minimum of €500 million. Ministry officials did not want to discuss this...https://sloveniatimes.com/mining-rights-extended/
Posted at 27/10/2022 09:32 by bad gateway
Not sure how or even if it will effect their current claim but as new news..


Slovenia ‘very likely’ to withdraw from Energy Charter Treaty
26 October 2022

Slovenia ‘very likely’ to withdraw from Energy Charter Treaty

By Sebastijan R. Maček | sta.si

Slovenia will follow the lead of countries such as the Netherlands, Spain and France and very likely withdraw from the Energy Charter Treaty, Infrastructure Minister Bojan Kumer announced on Tuesday (25 October).

The Energy Charter Treaty, which since 1998 allows investors to sue governments over policies that jeopardise their investments in more than 50 signatory states, has come into the spotlight as countries like Spain, the Netherlands, France and Belgium either announced their withdrawal or their support for leaving.

In Slovenia, the government has expressed similar sentiments.

Kumer pointed to the treaty no longer serving its initial purpose and to all courts being bypassed when investors sue based on the treaty.

“We have to give a clear signal to the capital that states and citizens have matters in our own hands … and that we cannot bypass the law that is protected by European courts,” he also said.

The country is currently being sued by Ascent Resources, a UK gas exploration company which wanted to develop a gas field in eastern Slovenia.

Ascent Resources is seeking €500 million in damages, claiming that Slovenia has taken measures against fracking that have harmed Ascent’s investment and expected benefits, which are protected under the ECT.
Posted at 08/11/2021 09:38 by chinese investor
23 July 2020

Mr Janez Janša
Prime Minister of the Republic of Slovenia
GregorÄ�iÄ5533;eva ulica 20-25
1000 Ljubljana
Slovenia

Dr Anže Logar
Minister of Foreign Affairs
Prešernova cesta 25
1000 Ljubljana
Slovenia

mag. Andrej Vizjak
Minister of the Environment and Spatial Planning
Dunajska cesta 48
1000 Ljubljana
Slovenia

Direct line: +44 (0)20 3837 1602
evgeniya.rubinina@enyolaw.com

BY EMAIL AND COURIER

Dear Sirs

1. Treaty Claims against the Republic of Slovenia by Ascent Resources Plc and Ascent Slovenia Ltd

1.1. We represent the United Kingdom (UK) energy company Ascent Resources Plc (Ascent UK), as well as its subsidiary, Ascent Slovenia Ltd, a company incorporated in Malta (Ascent Malta) (together, the Investors). In that capacity, we take this opportunity to write to you in connection with an investment dispute that has arisen between our clients and the Republic of Slovenia (Slovenia). Please send any further communications addressed to the Investors and/or any of its representatives relating to the above directly to us at the address appearing at the top of the first page of this letter.

1.2. The dispute concerns certain actions by Slovenia in breach of its obligations under the UK – Slovenia bilateral investment treaty (the BIT) and the Energy Charter Treaty (the ECT), to which the UK, Malta and Slovenia are parties. These actions have caused considerable harm to the Investorsâ€482; investments in Slovenia.

2. Protected investors and investment

2.1. Ascent UK is a company incorporated in the UK, where it also has its legal seat. Ascent UK is thus a protected investor pursuant to Article 1(d)(i) of the BIT and Article 1(7)(a)(ii) of the ECT. Ascent Malta is a company incorporated in Malta, where it also has its legal seat. As such, it is also a protected investor under Article 1(7)(a)(ii) of the ECT.

2.2. The Investors have made substantial investments in Slovenia in connection with the development of the Petišovci oil and gas field (the Field). Overall, they have invested sums in excess of €50 million in Slovenia.

2.3. Ascent Malta is a party to a joint venture with Geoenergo, raziskave in pridobivanje surove nafte in zameljskega plina d.o.o. (Geoenergo), a Slovenian company, in relation to the development and operation of the Field. Ascent Malta holds a 75% participating interest in the joint venture, while Geoenergo holds the remaining 25%. The joint venture was first established under a Joint Venture Agreement dated 23 March 2001 and is currently governed by the Restated Joint Operating Agreement between Ascent Malta and Geoenergo dated 30 October 2013 (the JOA).

2.4. Geoenergo holds a number of licenses in relation to the Field granted by the Government of Slovenia,
(the Licenses). It is also a party to a Concession Contract with the Government of Slovenia dated 28
November 2002 which grants it a right to exploit the Field (the Concession).

2.5. Under the JOA, Ascent Malta bears all the costs of the financing of the development and operation
of the Field (Clause 8.3) and shall be entitled to 90% of the proceeds from the hydrocarbons produced
by the Field until its expenditure is fully recovered (Clause 8.4(a)), after which it shall be entitled to
75% of the proceeds (Clause 8.1).

2.6. Ascent Malta’s contractual rights under the JOA are therefore a protected investment of the Investors
under Article 1(a)(iii) of the BIT and Article 1(6)(c) of the ECT. The Investorsâ€482; indirect rights to the
production of hydrocarbons under the Licenses and the Concession are also a protected investment
under Article 1(a)(v) of the BIT and Article 1(6)(f) of the ECT.

2.7. Additionally, Ascent UK owns 100% of the shares in two Slovenian companies - Ascent Resources
d.o.o. and Trameta d.o.o. (the Slovenian Subsidiaries). Ascent Resources d.o.o. performed works in
relation to the development of the Field, while Trameta d.o.o. owns a land plot intended for the
construction of a gas export pipeline. Ascent UK’s shares in the Slovenian Subsidiaries are a protected
investment under Article 1(a)(ii) of the BIT and Article 1(6)(b) of the ECT.

3. Background

3.1. Ascent Malta began making investments in Slovenia in 2001, when, under its previous name Nemmoco Slovenia Corporation, it entered into the 2001 Joint Venture Agreement in relation to the Field.

3.2. Ascent UK began making investments in Slovenia in 2007, when it acquired Ascent Malta (then still operating under its previous name).

3.3. Prior to the Investorsâ€482; investment, the Field had been in production since 1943. Since 1956, it had
periodically undergone low-volume hydraulic stimulation in order to increase the volume of production. Between 1956 and 1990, low-volume hydraulic stimulation was carried out in the Field more than 30 times.

3.4. As you may be aware, low-volume hydraulic stimulation is a process used to increase the production
of gas wells, whereby water is injected into the soil substrata in order to stimulate the gas production.
Low-volume hydraulic stimulation involves the injection into a well of less than 1,000 m3 of water
per fracturing stage or less than 10,000 m3 of water during the entire process. It is distinct from highvolume hydraulic simulation, which involves the injection of water above these volumes.

3.5. To date, no environmental concerns associated with such low-volume hydraulic stimulation of the
Field have been identified. Accordingly, at the time Ascent UK and Ascent Malta made their
investments, they legitimately expected that they would also be able to continue carrying out such
low-volume hydraulic stimulation. Unfortunately, Sloveniaâ€T82;s actions frustrated the Investorsâ€482;
legitimate expectations and prevented them from developing the Field.

3.6. In the beginning of 2011, as part of the development of the Field by the Investors, two new wells
(well PG-10 and well PG-11A, together, the Wells) were drilled. Afterwards, low-volume hydraulic
stimulation was performed at the deepest layers of the Wells, and test production of gas commenced
thereafter. No preliminary screening assessment or environmental impact assessment (EIA) needed
to be carried out, as both the amount of gas expected to be produced by the Wells and the area of
gas production were significantly below the thresholds stipulated by Slovenian law above which an
EIA would be required.

3.7. In order to maintain the levels of gas produced, in 2017 it became necessary to carry out another
round of low-volume hydraulic stimulation of the Wells. Under Slovenian law, no preliminary
screening assessment nor any EIA were required to do so. However, in an abundance of caution on
10 May 2017 Geoenergo made an application for a preliminary screening assessment (the PS
Application) with the Slovenian Environmental Agency (Agencija Republike Slovenije za Okolje, or
ARSO).

4. The measures

4.1. Under Slovenian law, ARSO was required to issue a decision on the application for a screening
assessment within two months of the receipt of a complete application, i.e. by July 2017. However,
ARSO only issued a draft of its decision over a year after the PS Application was made, on 15 June
2018. In the draft decision, ARSO held that an EIA was required. On 8 March 2019, ARSO issued its
decision in final form, holding that an EIA was required (the ARSO Decision).

4.2. The ARSO Decision was at odds with opinions issued by other Slovenian government authorities,
including Sloveniaâ€T82;s Ministry of Health, Ministry of Infrastructure, the Institute of the Republic of
Slovenia for Nature Conservation, the Forestry Institute of the Republic of Slovenia, the Chemical
Office of the Republic of Slovenia and the Conservation Institute of the Republic of Slovenia. All of
these state bodies concluded that an EIA was not required.

4.3. The ARSO Decision was not based on the recommendations of Sloveniaâ€T82;s own experts and,
furthermore, it contradicted the opinions they gave. It is therefore manifestly arbitrary and
unreasonable.

4.4. Additionally, while the PS Application was being considered by ARSO, the Minister of the
Environment and Spatial Planning repeatedly made public statements portraying the Investors, as
well as the Petišovci project, in a negative light, and leaks were made by ARSO to the press. This
further demonstrates that ARSO was biased against the Investors and that the ARSO Decision was
politically motivated.

4.5. Geoenergo filed a complaint against the contested decision with the Ministry of the Environment and
Spatial Planning, however, the latter rejected it on 10 June 2019. Geoenergo subsequently challenged
the ARSO Decision before Slovenian courts. On 13 May 2020, the Administrative Court of the Republic
of Slovenia held that the ARSO Decision did not contradict Slovenian law.

4.6. The ARSO Decision, as well as the significant delay in rendering it, adversely affected the investments
of the Investors. In particular, it has delayed the low-volume hydraulic stimulation of the Wells by at
least five years, significantly setting back the development of the Field. Pending such low-volume
hydraulic stimulation, the amount of gas produced by the Field has been very significantly reduced,
resulting in a significant loss of the Investorsâ€482; revenues.

5. Sloveniaâ€T82;s breaches of the BIT and the ECT

5.1. Sloveniaâ€T82;s measures constitute breaches of the protections established by the BIT and the ECT,
including, inter alia:

5.1.1. Sloveniaâ€T82;s guarantee that the investments would be accorded fair and equitable treatment
(Article 2(2) of the BIT and Article 10(1) of the ECT); and

5.1.2. Sloveniaâ€T82;s guarantee that the management, maintenance, use, enjoyment or disposal of
the investments would not be impaired by arbitrary, unreasonable or discriminatory
measures (Article 2(2) of the BIT and Article 10(1) of the ECT).

6. Next steps

6.1. The Investors hereby formally consent to submit their investment dispute with Slovenia to
international arbitration under Article 8(2) of the BIT and Article 26(2)(c) and (4) of the ECT, and
reserve their right to initiate international arbitral proceedings in accordance with these provisions.
This letter shall be considered as a formal notification of the existence of a dispute under Article 8(1)
and (2) of the BIT and Article 26(1) and (2) of the ECT.

6.2. We sincerely hope that an amicable solution can be found to the present dispute, and will welcome
any constructive proposals you may have. To that end, the Investors are ready to engage at a senior
level with the Government of Slovenia at the earliest possible opportunity in a process of negotiations
focused on resolving amicably the issues in dispute.

6.3. The Investors fully reserve all of their rights and remedies arising out of Sloveniaâ€T82;s treaty breaches.
Nothing in this letter should be considered as a limitation of any kind on the facts, evidence, or legal
arguments the Investors may present, or on the legalrights and remedies they may pursue, in support
of their claims before an arbitral tribunal or otherwise.

Yours faithfully
Enyo Law LLP

Copy to:
Mr Borut Pahor
President of the Republic of Slovenia
Erjavceva 17
SI-1000 Ljubljana
Slovenia

Mr Zdravko Po�ivalšek
Minister of Economic Development and Technology
Kotnikova ulica 5
1000 Ljubljana
Slovenia

Mr Iztok Slatinšek
Director-General of the Slovenian Environmental Agency
Vojkova 1b
1000 Ljubljana
Slovenia
Posted at 27/5/2021 08:12 by chinese investor
23 July 2020

Mr Janez Janša
Prime Minister of the Republic of Slovenia
Gregorčičeva ulica 20-25
1000 Ljubljana
Slovenia

Dr Anže Logar
Minister of Foreign Affairs
Prešernova cesta 25
1000 Ljubljana
Slovenia

mag. Andrej Vizjak
Minister of the Environment and Spatial Planning
Dunajska cesta 48
1000 Ljubljana
Slovenia

Direct line: +44 (0)20 3837 1602
evgeniya.rubinina@enyolaw.com

BY EMAIL AND COURIER

Dear Sirs

1. Treaty Claims against the Republic of Slovenia by Ascent Resources Plc and Ascent Slovenia Ltd

1.1. We represent the United Kingdom (UK) energy company Ascent Resources Plc (Ascent UK), as well as its subsidiary, Ascent Slovenia Ltd, a company incorporated in Malta (Ascent Malta) (together, the Investors). In that capacity, we take this opportunity to write to you in connection with an investment dispute that has arisen between our clients and the Republic of Slovenia (Slovenia). Please send any further communications addressed to the Investors and/or any of its representatives relating to the above directly to us at the address appearing at the top of the first page of this letter.

1.2. The dispute concerns certain actions by Slovenia in breach of its obligations under the UK – Slovenia bilateral investment treaty (the BIT) and the Energy Charter Treaty (the ECT), to which the UK, Malta and Slovenia are parties. These actions have caused considerable harm to the Investors’ investments in Slovenia.

2. Protected investors and investment

2.1. Ascent UK is a company incorporated in the UK, where it also has its legal seat. Ascent UK is thus a protected investor pursuant to Article 1(d)(i) of the BIT and Article 1(7)(a)(ii) of the ECT. Ascent Malta is a company incorporated in Malta, where it also has its legal seat. As such, it is also a protected investor under Article 1(7)(a)(ii) of the ECT.

2.2. The Investors have made substantial investments in Slovenia in connection with the development of the Petišovci oil and gas field (the Field). Overall, they have invested sums in excess of €50 million in Slovenia.

2.3. Ascent Malta is a party to a joint venture with Geoenergo, raziskave in pridobivanje surove nafte in zameljskega plina d.o.o. (Geoenergo), a Slovenian company, in relation to the development and operation of the Field. Ascent Malta holds a 75% participating interest in the joint venture, while Geoenergo holds the remaining 25%. The joint venture was first established under a Joint Venture Agreement dated 23 March 2001 and is currently governed by the Restated Joint Operating Agreement between Ascent Malta and Geoenergo dated 30 October 2013 (the JOA).

2.4. Geoenergo holds a number of licenses in relation to the Field granted by the Government of Slovenia,
(the Licenses). It is also a party to a Concession Contract with the Government of Slovenia dated 28
November 2002 which grants it a right to exploit the Field (the Concession).

2.5. Under the JOA, Ascent Malta bears all the costs of the financing of the development and operation
of the Field (Clause 8.3) and shall be entitled to 90% of the proceeds from the hydrocarbons produced
by the Field until its expenditure is fully recovered (Clause 8.4(a)), after which it shall be entitled to
75% of the proceeds (Clause 8.1).

2.6. Ascent Malta’s contractual rights under the JOA are therefore a protected investment of the Investors
under Article 1(a)(iii) of the BIT and Article 1(6)(c) of the ECT. The Investors’ indirect rights to the
production of hydrocarbons under the Licenses and the Concession are also a protected investment
under Article 1(a)(v) of the BIT and Article 1(6)(f) of the ECT.

2.7. Additionally, Ascent UK owns 100% of the shares in two Slovenian companies - Ascent Resources
d.o.o. and Trameta d.o.o. (the Slovenian Subsidiaries). Ascent Resources d.o.o. performed works in
relation to the development of the Field, while Trameta d.o.o. owns a land plot intended for the
construction of a gas export pipeline. Ascent UK’s shares in the Slovenian Subsidiaries are a protected
investment under Article 1(a)(ii) of the BIT and Article 1(6)(b) of the ECT.

3. Background

3.1. Ascent Malta began making investments in Slovenia in 2001, when, under its previous name Nemmoco Slovenia Corporation, it entered into the 2001 Joint Venture Agreement in relation to the Field.

3.2. Ascent UK began making investments in Slovenia in 2007, when it acquired Ascent Malta (then still operating under its previous name).

3.3. Prior to the Investors’ investment, the Field had been in production since 1943. Since 1956, it had
periodically undergone low-volume hydraulic stimulation in order to increase the volume of production. Between 1956 and 1990, low-volume hydraulic stimulation was carried out in the Field more than 30 times.

3.4. As you may be aware, low-volume hydraulic stimulation is a process used to increase the production
of gas wells, whereby water is injected into the soil substrata in order to stimulate the gas production.
Low-volume hydraulic stimulation involves the injection into a well of less than 1,000 m3 of water
per fracturing stage or less than 10,000 m3 of water during the entire process. It is distinct from highvolume hydraulic simulation, which involves the injection of water above these volumes.

3.5. To date, no environmental concerns associated with such low-volume hydraulic stimulation of the
Field have been identified. Accordingly, at the time Ascent UK and Ascent Malta made their
investments, they legitimately expected that they would also be able to continue carrying out such
low-volume hydraulic stimulation. Unfortunately, Slovenia’s actions frustrated the Investors’
legitimate expectations and prevented them from developing the Field.

3.6. In the beginning of 2011, as part of the development of the Field by the Investors, two new wells
(well PG-10 and well PG-11A, together, the Wells) were drilled. Afterwards, low-volume hydraulic
stimulation was performed at the deepest layers of the Wells, and test production of gas commenced
thereafter. No preliminary screening assessment or environmental impact assessment (EIA) needed
to be carried out, as both the amount of gas expected to be produced by the Wells and the area of
gas production were significantly below the thresholds stipulated by Slovenian law above which an
EIA would be required.

3.7. In order to maintain the levels of gas produced, in 2017 it became necessary to carry out another
round of low-volume hydraulic stimulation of the Wells. Under Slovenian law, no preliminary
screening assessment nor any EIA were required to do so. However, in an abundance of caution on
10 May 2017 Geoenergo made an application for a preliminary screening assessment (the PS
Application) with the Slovenian Environmental Agency (Agencija Republike Slovenije za Okolje, or
ARSO).

4. The measures

4.1. Under Slovenian law, ARSO was required to issue a decision on the application for a screening
assessment within two months of the receipt of a complete application, i.e. by July 2017. However,
ARSO only issued a draft of its decision over a year after the PS Application was made, on 15 June
2018. In the draft decision, ARSO held that an EIA was required. On 8 March 2019, ARSO issued its
decision in final form, holding that an EIA was required (the ARSO Decision).

4.2. The ARSO Decision was at odds with opinions issued by other Slovenian government authorities,
including Slovenia’s Ministry of Health, Ministry of Infrastructure, the Institute of the Republic of
Slovenia for Nature Conservation, the Forestry Institute of the Republic of Slovenia, the Chemical
Office of the Republic of Slovenia and the Conservation Institute of the Republic of Slovenia. All of
these state bodies concluded that an EIA was not required.

4.3. The ARSO Decision was not based on the recommendations of Slovenia’s own experts and,
furthermore, it contradicted the opinions they gave. It is therefore manifestly arbitrary and
unreasonable.

4.4. Additionally, while the PS Application was being considered by ARSO, the Minister of the
Environment and Spatial Planning repeatedly made public statements portraying the Investors, as
well as the Petišovci project, in a negative light, and leaks were made by ARSO to the press. This
further demonstrates that ARSO was biased against the Investors and that the ARSO Decision was
politically motivated.

4.5. Geoenergo filed a complaint against the contested decision with the Ministry of the Environment and
Spatial Planning, however, the latter rejected it on 10 June 2019. Geoenergo subsequently challenged
the ARSO Decision before Slovenian courts. On 13 May 2020, the Administrative Court of the Republic
of Slovenia held that the ARSO Decision did not contradict Slovenian law.

4.6. The ARSO Decision, as well as the significant delay in rendering it, adversely affected the investments
of the Investors. In particular, it has delayed the low-volume hydraulic stimulation of the Wells by at
least five years, significantly setting back the development of the Field. Pending such low-volume
hydraulic stimulation, the amount of gas produced by the Field has been very significantly reduced,
resulting in a significant loss of the Investors’ revenues.

5. Slovenia’s breaches of the BIT and the ECT

5.1. Slovenia’s measures constitute breaches of the protections established by the BIT and the ECT,
including, inter alia:

5.1.1. Slovenia’s guarantee that the investments would be accorded fair and equitable treatment
(Article 2(2) of the BIT and Article 10(1) of the ECT); and

5.1.2. Slovenia’s guarantee that the management, maintenance, use, enjoyment or disposal of
the investments would not be impaired by arbitrary, unreasonable or discriminatory
measures (Article 2(2) of the BIT and Article 10(1) of the ECT).

6. Next steps

6.1. The Investors hereby formally consent to submit their investment dispute with Slovenia to
international arbitration under Article 8(2) of the BIT and Article 26(2)(c) and (4) of the ECT, and
reserve their right to initiate international arbitral proceedings in accordance with these provisions.
This letter shall be considered as a formal notification of the existence of a dispute under Article 8(1)
and (2) of the BIT and Article 26(1) and (2) of the ECT.

6.2. We sincerely hope that an amicable solution can be found to the present dispute, and will welcome
any constructive proposals you may have. To that end, the Investors are ready to engage at a senior
level with the Government of Slovenia at the earliest possible opportunity in a process of negotiations
focused on resolving amicably the issues in dispute.

6.3. The Investors fully reserve all of their rights and remedies arising out of Slovenia’s treaty breaches.
Nothing in this letter should be considered as a limitation of any kind on the facts, evidence, or legal
arguments the Investors may present, or on the legalrights and remedies they may pursue, in support
of their claims before an arbitral tribunal or otherwise.

Yours faithfully
Enyo Law LLP

Copy to:
Mr Borut Pahor
President of the Republic of Slovenia
Erjavceva 17
SI-1000 Ljubljana
Slovenia

Mr Zdravko Počivalšek
Minister of Economic Development and Technology
Kotnikova ulica 5
1000 Ljubljana
Slovenia

Mr Iztok Slatinšek
Director-General of the Slovenian Environmental Agency
Vojkova 1b
1000 Ljubljana
Slovenia

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