January 22, 2017,
Santo Domingo, D.N.
The governing body of Law 340-06 of Public Procurement evades compliance with that legislation, which clearly establishes in articles 11, 14, 65 and 66 that a company that engages in illegal practices such as bribery and that has executives convicted of corruption, Contracts must be terminated and be disqualified in perpetuity as a contractor of the Dominican State.
Odebrecht admitted to the New York State Court of Justice before US, Swiss and Brazilian judicial authorities that it paid $ 92 million of bribes to public officials in the Dominican Republic to obtain contracts awarded between 2001 and 2014.
Resolution 08-2017 of the General Directorate of Public Contracts is about another law and not about its law, which is Law 340-06, avoiding the application of the latter and therefore leaves open the continuation of the contracts of Odebrecht and that later this company continues being contractor, supplier or supplier of the State.
The National Committee to Combat Climate Change, CNLCC demands that the Public Contracting Directorate and its director, Yokasta Guzmán comply with Law 340-06, which is what this organization demanded in a letter delivered on December 29.
This evasion of the governing body, which instead of ensuring the strict application of its law, is to use another law in criminal matters to not apply the power and mechanisms that Law 340-06 confers to it to punish the the crime of corruption without depending or being subordinated to a court, opens wide the door so that impunity is even greater against the crime of corruption.
It is clear from this resolution number 08-2017 that Odebrecht is being protected by the authorities pretending it is being punished.
If the Public Contracting Authority applies Law 340-06, at this moment all contracts, including first the one of Punta Catalina, would be canceled and Odebrecht forever disabled, in perpetuity, as contractor of the Dominican State. It is precisely from that mandate of Law 340-06 that Odebrecht and its contracts, especially that of Punta Catalina, are being protected.
The National Committee to Combat Climate Change, CNLCC, calls on the director of Public Procurement to comply with Law 340-06, which is the one that governs the entity in first place that is its governing body.
This resolution 08-2017 deepens the regime of impunity existing in the country and completely ignores the Law 340-06 of Public Procurement that has expeditious and effective mechanisms to punish corruption.
The constitution and laws establish severe punishment for officials who evade or refuse to comply with the law and its obligations. We warn Yokasta Guzman that if he does not apply Law 340-06 she will be brought to justice for not fulfilling her duty and as an accomplice and concealer of Odebrecht.
NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC