19.7.1.
disastrous interference President Rafael Correa That force to be in all great works as the chief architect, imposing their views outside of contractual agreements and causing the breakup of the former, is reprehensible, for the negative effects that reach cause against the people, because it threatens the development of them.
is the case, for breach incurred International Terminals Ecuador (TIDE), a subsidiary of Hutchison Port Holding China Label, to run the concession contract for the Port of Manta, the Government pressed to modify the contract in question, announcing removal of the contribution of USD 55 million loan of the CAF.
Facing pressure from the Government, the grant decided to leave the door and remove the grounds that it forces you to modify the contract and break the law, for the reason that one can not unilaterally change the rules of engagement.
19.7.2. "Blind" to the requirements of the contract
1. Basic Technical Project (PTB and the Draft Engineering Works, as components of the contract, provide a contribution of the Manta Port Authority (MPA) of up to USD 55 million to be earmarked for infrastructure projects in Phase I (Puerto de Aguas deep), including those fishing docks for $ 5.6 million;
2. According to the PTB, the APM is committed to managing a credit to the Corporación Andina de Fomento (CAF) the same which will be paid with revenues generated Development Law Puerto de Manta. Without the support infrastructure there;
3. A disequilibrium, the APM was required (Clause 59.3 and 61.3) to "restore the economic and financial balance of the contract" for the dealer ...., To "compensate for the damage (damage and loss of earnings)" for the dealer if no unilateral changes to the contract ...;
4. Amending contracts (Cl. 59.4) when benefits are reduced by more than the dealer 20% of the level of the financial equation, ie, the TIR listed in the Business Plan;
5. The APM did not follow procedures (cl. 62 and 64) to level the equation that restores the balance in favor of the concessionaire contract. By contrast, prevailed the government's decision to withdraw the contribution of USD 55 million;
6. While fixed legal domicile of the parties in the city of Manta, the APM "renounced the jurisdiction of judges and courts of Ecuador" (Cl. 101.4). Thus, TIDE put us at the mercy of international courts;
7. If TIDE invested USD 20 million for "lost profits" of 28 years are not exploited, would demand compensation that could be 10 times what they had invested.
19.7.3. Manta pass the baton to Posorja
For high and Manabi Manta, who lose the great construction, will Posorja far as the mega-port will rise. The National Merchant Marine Council, the March 5, with favorable reports of the National Security Council and the Port Authority of Guayaquil, authorized the International Alliance Port Company (Alimport) to execute the proposed deepwater port and international transfer of cargo and containers in Posorja, parish of Guayaquil canton, however that this must be dredge the access channel that is 8 meters deep. Alimport
is a company established in Ecuador by the English group whose members Albacora local companies and Vilaseca Nobis and plans an investment of 450 million dollars.
addition to the port terminal building provides a free zone where industries and commercial enterprises operate.
19.7.4. Harmful interference Correa Government
The ultimatum for the concession of the Port of Manta (The Journal January 7, 2009) came from Central Government: "The concession of the port of Manta, Ecuador's Marine Terminal (Tide), the Chinese group Hutchinson Port Holdings, has 90 days to develop the project Phase A1 Port International Cargo Transfer. " Alex
Villacrés, Assistant Director General of Ports said, "have three months, if not met the grant ends," .... "Has removed the state contribution of $ 55 million, which are intended for the works of the fishing piers and The work on the first phase of the mega-port.
Lucia Fernandez, president of APM, said that when he signed the concession agreement between TIDE and APM was considered a contribution of USD 55 million for work on the project ... there are 12 million USD in cash for the trust, whose total amount is $ 55. "The Corporación Andina de Fomento (CAF) has approved a loan of USD 35 million, the rest is financed with 1% CIF for imports."
The Telegraph (February 10, 2009) on his part noted that according to Alex Villacrés TIDE company has repeatedly breached by the contract, so that at a meeting held at the Government Palace in January this year, Ministry of Transport, the Legal Secretariat of the Presidency of the Republic and the Secretariat for Ports, analyzed the situation and determined that the only way to save the grant is to make changes, a decision that was subsequently released by the president, Rafael Correa, who thus expressed in one of its radio stations.
"We proposed to TIDE that the State becomes directly responsible for the construction of the industrial fisheries for the company was nothing more than an obligation. That way I could have a free hand to continue working on the cargo transfer terminal is truly international business. "
However, TIDE considered the proposal as an amendment to the contract and based on contractual legal uncertainty.
19.7.5. Pending settlement agreement and goodbye to megaport
Pedro Vincent Bowen (The Journal November 29, 2009) notes that the last day 27 on the draft "Settlement Agreement TIDE-APM" to terminate the contract Manta port concession, there are 12 recommendations that must be met, according to criteria of the State Attorney.
The most relevant are:
1 .- That the contribution of $ 600,000 proposed by TIDE to APM should be to buy insurance to cover any contingency against third parties against liabilities incurred by TIDE prior to February 28 2009 (date TIDE took off without saying goodbye).
2 .- That the insurance cover will include responsibility for private debts and tax obligations prior to 28 February 2009. 3 .-
dealers with appropriate documents proving the "forgiveness" of debt (18 million) that keeps TIDE with holding loans made by Hutchison. 4 .-
should also be anchored to the IESS employer obligations and working with TIDE workers who may be pending. 5 .-
specify that APM has nothing to do with the claims of victims of the ammonia leak in the boat Andrea F., liability for the shipowner Esmeraldas SA and Panama Bay Insurance Equator. 6 .-
can not exonerate TIDE contractual violations and refrain from applying (previous) sanctions for (40.000 dólares de multa).
El informe advierte que: “TIDE y APM deberán replantear los términos del proyecto de Acuerdo Transaccional presentado (cumpliendo) con las observaciones anteriores para solicitar nuevamente la autorización para la transacción solicitada…”. Si no,…el Procurador no dará luz verde al Acuerdo… que es lo que algunos interesados quieren.
Y Vicent Bowen pregunta: ¿Podrán APM y TIDE cumplir todos los requisitos dispuestos e impuestos por el Procurador, en apenas 15 días que faltan para que se venzan los actuales seguros que amparan el fiel cumplimiento del Contrato de Concesión?.
Algunos creemos que no se alcanzarán a cumplir the requirements. And with that, no guarantees can charge amounting to $ 000 USD 7'500.
public authorities, concerned only in charge of TIDE warranty for breach of contract have accomplished the absolute abandonment of the mega project of Manabi, given that there is willingness to revisit the issue of the grant.
Link: www.ticsdemanabi.net
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