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Tag Archives: Odebrecht

IMMEDIATE EXPULSION OF OBDEBRECHT OF THE COUNTRY AND NEW TENDER OF PUNTA CATALINA BASED ON NATURAL GAS

Response to Odebrecht consortium’s demand for an additional 700 million dollars to complete the Punta Catalina coal plants that are two years behind.
Public Statement,
Monday, August 28,2017,
Santo Domingo, D. N.
The only option the government has before Odebrecht after it confessed last December that it bribed public officials in the Dominican Republic with $92 million dollars between 2001 and 2014 is the application of Law 340-06 on Public Contracting.
Articles 11,14,36,65 and 66 of this law provide for the termination of contracts of companies that commit acts of corruption or are related thereto, and the lifelong disqualification of their status as contractors or bidders of the Dominican State,”without liability to the contracting entity” (Article 66.4).
If Odebrecht has had the audacity to demand an additional 700 million dollars from the government of Danilo Medina to complete the construction of the Punta Catalina coal plants now with a two-year delay, it is because the country is being held hostage by this transnational company and victim of its own corruption, a participant and accomplice in the corruption of this company that turned the country into an international money laundering center and a brothel for national and foreign officials.
It is impossible to believe in the government’s refusal to comply with Odebrecht’s demand and not to think that this refusal will be nothing more than feeble bargaining for the consumption of advertising of an unavoidable payment that will come from the citizen’s ribs.
The government, instead of applying the Public Contracts Law, concluded an approved agreement between the Attorney General’s Office and Odebrecht, with the purpose of protecting it from criminal prosecution of its crime of corruption, maintained the contracts of this company, especially Punta Catalina, and has continued to give it millions of dollars for this work, as if nothing had happened.
Danilo Medina preferred to lose around 300 million dollars pending disbursement of the European bank pool loan and to issue 500 million sovereign bonds, before abandoning his relations with Odebrecht, whose corrupt practice in the Punta Catalina project is the cause of the decision of these banks.
The complicity story with Odebrecht in Punta Catalina began with a fixed bidding process to favor it and sending a contract that violated the terms of reference of this bidding process to to the National Congress, diluting the turnkey nature of this contract, incorporating a cost escalation clause, No. 9.1. and assigning an exemption of all types of taxes through clause 12.1.3.
This pairing between the government and Odebrecht continued when this company was unable to meet its contractual commitments because of its corrupt behavior.
Danilo Medina and his government, instead of denouncing and annulling the contract for breach, covered the lack of financing from the National Bank for Economic and Social Development of Brazil (BNDES), with domestic resources.
They did not care about violating the Constitution of the Republic and the national budget law to allocate a large part of the savings from the Oil Tax for the construction of Punta Catalina and seriously endanger the stability of the Bano de Reservas with loans that did not comply with any legal requirement, in order to settle commitments with local contractors and suppliers of this work.
If Dominican workers’ pension funds were spared from this predatory attack to raise funds to be invested in Punta Catalina, it was due to opposition from European banks, especially the shareholders’ meeting of the French bank Société Genérale, who threatened to withdraw their financing in the event that the government spent $600 million of these funds on this project. In Europe, it is forbidden for pension funds to be used in the construction of coal plants and other investments related to this fossil fuels.
Odebrecht’s demand for more money, in addition to dramatically exposing the government’s vulnerability to this company to the public, has confirmed the denunciations that the final cost of this project would far exceed the contract price and has denied that Punta Catalina’s construction is at a level of 70% of its schedule.
These two additional disclosures, the additional cost overrun on the contract price and the delay in the work schedule, leave no arguments to those who oppose an independent audit of this project and a new tender on the basis of natural gas.
The overvaluation of Punta Catalina is not limited to these new additional 700 million dollars claimed by Odebrecht. An audit is necessary to accurately quantify the overvaluation existing to date for the construction of Punta Catalina, in order to demand its reimbursement and to prosecute the culprits and beneficiaries of this overvaluation.
If the government implements the Public Contracts Law, it would not have to comply with Odebrecht’s demand for an additional 700 million dollars in payment and could open a new bidding process based on natural gas to conclude Punta Catalina before 2020 and at a lower cost than the total cost stipulated by Odebrecht for these coal plants.
The great benefit of converting Punta Catalina’s natural gas is to avoid the very serious contamination from coal and a considerable amount of carbon dioxide emissions into the atmosphere.
The National Committee to Combat Climate Change, CNLCC, reiterates once again the application of Law 340-06 on Public Contracting to Odebrecht, for which reason this company must be immediately expelled from the country.
Likewise, an independent audit of the overvaluation of Punta Catalina and the call for a new bidding process based on natural gas to complete the construction of this project.
It is a demand that we made with the knowledge that the authorities’ complicity with Odebrecht’s corruption prevents it from being satisfied, not because it is impossible, but because of the permanence in power of a government as guilty as this company, of the corruption committed in Punta Catalina.
NATIONAL COMMITTEE TO COMBAT CLIMATE CHANGE, CNLCC
EXPULSION INMEDIATA DE OBDEBRECHT DEL PAIS Y NUEVA LICITACION DE PUNTA CATALINA EN BASE A GAS NATURAL

THE DIRECTOR OF PUBLIC CONTRACTS IS WARNED THAT SHE WILL BE BROUGHT TO JUSTICE IF ODEBRECHT’S CONTRACTS ARE NOT CANCELLED

Press release,
Thursday, March 9, 2017,
Santo Domingo, D.N.

This morning, the National Committee to Combat Climate Change, CNLCC, warned the Director of Public Contracts, Yokasta Guzman that she will be submitted to the action of the court if all of the Odebrecht contracts are not rescinded and disqualify this company for life as a contractor of the Dominican State.

In a letter deposited with the General Directorate of Public Contracts in the course of a gathering held before the headquarters of that institution, the group says that despite the fact that more than two months have elapsed since they handed over, on December 29, a letter requesting that that agency applies Law 340-06 of Public Procurement, has not provided any of the requested measures contemplated by that legislation against Odebrecht, nor offered an explanation of its inaction and its silence.

It recalled that when they delivered their summon on December 29, the original and official version of the document of confession by the Odebrecht council before the New York State County Court of December 21, 2016.

It explained that the General Directorate of Public Contracts as the governing body of Law 340-06 does not depend for its action under that legislation on any other dependency of the Public Administration or any judicial authority.

It explained that this entity is requesting from the General Directorate of Public Procurement, the termination of all Odebrecht contracts, first of all that of Punta Catalina, the disqualification of that company in perpetuity as an tender of the State, open an investigation of the exact value of the overvaluation of the projects and their recovery as well as the bribes, and punish both the bribers and public officials who received bribes.

It stated that “if, within a period of ten days, as of this date, you and the institution you direct, you have not proceeded to implement the requested measures that are contemplated by Law 340-06 of Public Procurement in said Articles, we shall proceed to bring you to justice for grave breach of function and for complicity with Odebrecht. “

It pointed out that the actions that they demand against the Brazilian consortium are contained in articles 11,14, 36, 65 and 66 of the Public Procurement Law.

“You and this organization are obliged to comply strictly with these articles, or else you will become complicit wit Odebrecht and its illegal actions,” it said, referring to Yokasta Guzmán and the Public Contracting Directorate.

It affirmed that “every day that passes in which you and that Direction do not do what the law orders you, your professional prestige is adversely affected as a public official, the public credibility and legitimacy of that body, and respect and trust In the institutionality of the Dominican State. “
The members of the Committee carried out during this morning’s rally a banner saying “Cancellation of the Odebrecht contract at Punta Catalina, no to pollution, no to corruption”.

NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC

ADVIERTEN A DIRECTORA DE CONTRATACIONES PUBLICAS QUE SERA SOMETIDA A LA JUSTICIA DE NO CANCELAR CONTRATOS DE ODEBRECHT DSC_0008
Enrique de León, a spokesman for the National Committee to Combat Climate Change, CNLCC, gives a statement during the rally this morning before the headquarters of the General Directorate of Public Contracts.

 

ADVIERTEN A DIRECTORA DE CONTRATACIONES PUBLICAS QUE SERA SOMETIDA A LA JUSTICIA DE NO CANCELAR CONTRATOS DE ODEBRECHT -DSC_0018
Mari Cantizano speaks to the press about the demand that Public Contracts rescind the contracts of Odebrecht and disqualify it as a state contractor in a definitive way.

 

ADVIERTEN A DIRECTORA DE CONTRATACIONES PUBLICAS QUE SERA SOMETIDA A LA JUSTICIA DE NO CANCELAR CONTRATOS DE ODEBRECHT -DSC_0068
A commission headed by Enrique de León, delivers to the Public Contracting officials, Luisa Lantigua and César García, the letter in which the director of Public Procurement is asked to apply Law 340-06 to the company Odebrecht.

 

ADVIERTEN A DIRECTORA DE CONTRATACIONES PUBLICAS QUE SERA SOMETIDA A LA JUSTICIA DE NO CANCELAR CONTRATOS DE ODEBRECHT -DSC_0086
Overview of the rally made this morning before the headquarters of the General Directorate of Public Contracts, the Green March movement, CODIANO Institutional Committee and the National Committee to Combat Climate Change, CNLCC.

CNLCC DEMANDS THAT THE COMPLAINTS FILED AGAINST ODEBRECHT AND THE ATTORNEY GENERAL BY PUT IN MOTION

Press release,
Thursday, March 2, 2016,
Santo Domingo, D.N.

The National Committee on Combating Climate Change, CNLCC, demanded that after rejection of the application for approval of the agreement signed between the Attorney General’s Office and Odebrecht, proceed without delay to deal with complaints filed by the entity Against Odebrecht and Attorney Jean Alain Rodríguez.

It considered that the first and most immediate consequence of the ruling issued yesterday by Judge Alejandro Vargas, coordinator of the National District’s investigating magistrates, is for the National District Attorney’s Office to prosecute against Odebrecht and its principal executives in the country for bribery and association of malefactors interposed by the organization.

It also stated that the Superior Council of the Public Prosecutor’s Office must appoint an assistant prosecutor to hear the complaint it filed against the Attorney General of the Republic, Jean Alain Rodríguez for prevarication, by obstructing with the agreement signed with Odebrecht, the persecution against the mega-corruption of this company, that confessed to have paid $ 92 million in bribes to officials to obtain the contracts that were awarded to them between the years 2002 and 2014.

The group recalled that on February 9, it filed both complaints respectively before the Prosecutor’s Office of the National District and the Attorney General’s Office, covered by Article 85 of the Code of Criminal Procedure, which establishes that the victim or its legal representative may be constituted as prosecutor and to prosecute.

“The Dominican society, of which we are a part, has been a victim of Odebrecht’s mega-corruption, which has meant millions of losses through the payment of bribes and overvaluation of projects over the last twelve years,” it said.

It added that article 85 of the Code of Criminal Procedure recognizes members of the society as punishable acts committed by public officials in the exercise of their functions and in violations of human rights.

It described the decision of Judge Vargas on the application for approval of the agreement between the Attorney General and Odebrecht as correct and that it recognizes teachings and honors the judiciary.

It indicated that Judge Alejandro Vargas’ ruling acknowledges that the allegations against Odebrecht are serious infringements involving the prosecution, therefore the entity understands that these must be heard by the instance established by law.

“We are plaintiffs and we want the competent court to hear our accusation of bribery and association of wrongdoers and decide on our request to convict the principal executives of Odebrecht to ten years of imprisonment to each of them and to the highest amounts of fines established by the bribery law, and that the company be condemned to permanent cease of operations as established by Law 340-06 of Public Contracts, “it explained.

It also stated that the deputy prosecutor who appoints the Superior Council of the Public Ministry of the complaint against the Attorney General of the Republic, must present the charge of corrupt practice  against Jean Alain Rodríguez before the Supreme Court.

It pointed out that in the face of the passivity of the government and judicial authorities, civil society has taken the initiative to initiate proceedings before the courts of the Republic, “because the Dominican people demand punishment against the corrupt and that the impunity ceases.”

“Before the government of Danilo Medina that protects and manages Odebrecht and its mega-corruption,civil society has every right guaranteed by the Constitution and laws to take independent legal action against these criminals who have stolen the resources of the Dominican people, it further clarified.

It affirmed that the courts are obliged to hear these complaints and to decide on them,  the citizenship having the right to present them and await the decisions of the courts.

NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC

 

Exigen que se le de curso a las querellas contra Odebrecht y el Procurador-100Attorney Euren Cuevas and members of the National Committee on Combat Climate Change, CNLCC, make statements before the Ciudad Nueva  Courthouse, after filing bribery and association of wrongdoers complaints against Odebrecht and its main executives in the country.
Exigen que se le de curso a las querellas contra Odebrecht y el Procurador-50On February 9, lawyers and members of the National Committee on Combating Climate Change, CNLCC, file a complaint against Oderecht before the Attorney General of the National District.
Exigen que se le de curso a las querellas contra Odebrecht y el Procurador-40At the moment when lawyers Euren Cuevas and Miguel Ferreras, together with Carlos Sánchez and Enrique de León, all members of the National Committee on Combating Climate Change, CNLCC, filed a complaint on February 9th against the Attorney General of the Dominican Republic.

(Español) Piden al Tribunal Constitucional que suspenda todas las actividades de la comisión que investiga el contrato de Odebrecht de Punta Catalina y la declare inconstitucional

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(Español) Colectivo somete al procurador por prevaricación ante el caso Odebrecht

Sorry, this entry is only available in European Spanish.