スペイン会計検査院は、パナマ運河企業合同体の運河拡張工事で、2009年にスペイン輸出融資保証会社 CESCE(la Companyaia Espanyola de Seguros de Credito a la Exportacion)がSacyrなどに融資と保証した1'600'000'000ユーロの費用負担のスペイン政府の契約保証には不正があると報告
El Tribunal de Cuentas ve irregular el aval público a Sacyr por el Canal de Panamá
El órgano reprocha que Cesce se apartase de las condiciones generales
También critica que el contrato no tuviese fecha y solo estuviese en inglés
Si Panamá ejecuta el aval, Sacyr tendrá que compensar a Cesce
Consulta todas las noticias sobre el Canal de Panamá
DESCARGABLE Informe del Tribunal de Cuentas
M. J. Madrid 6 ENE 2014 - 00:30 CET
The Court of Auditors sees irregular Sacyr public endorsement by the Panama Canal
The court alleges that Cesce depart from the general conditions
Also critical that the contract did not have time and were only in English
If you run the endorsement Panama Sacyr will have to compensate Cesce
Read the news on the Panama Canal
DOWNLOADABLE the Court of Auditors
M. J. Madrid 6 ENE 2014 - 00:30 CET
The public endorsement facilitated by Sacyr 160 million to take over the work of the Panama Canal may not have met the requirements set out in the general conditions of the Insurance Company Spanish Export Credit ( Cesce ) , the Court of Auditors. The regulatory agency does not dispute the insurance fund and not value " inevitability " that shall be processed as a single transaction, but concludes a report approved last year that had a ministerial order that would give legal cover to separate from being approved customary conditions. Plus, find other irregularities.
The consortium Grupo Unidos por el Canal ( GUPC ), led by Sacyr, had to furnish a bond of $ 50 million for the contest and then submitted another contract performance bond of $ 400 million . Such bonds ( and additional , which raise the sum to $ 600 million , according to Canal Administrator ) are at risk after the notice GUPC to stop work if they are not recognized overruns by 1,625 million dollars ( 1,200 million euros).
The bonds were backed by Swiss insurer Zurich, but this , in turn , may require them to credit agencies export of Spain (on the part of Sacyr ), Italy ( in Impregilo ) and Belgium ( in the Jan de Nul ) , triggering public support U.S. suspicions . Zurich undertook that the conditions of that kind of reinsurance or indemnity were equal in all three cases , which led to Cesce , which has just over 50 % of public capital, separate from the usual conditions . But the Court considers that there was no adequate legal cover for this exceptional treatment.
So what the Court of Auditors noted in a report on the activity of Cesce 2009 , most state society , adopted on 26 June last year and the references to the guarantees to Sacyr ( company to which the report cites for his name) had gone unnoticed . The World has published in today's edition of the organ critical to these operations. There are two policies for which Cesce claimed that year a premium of 16.4 million . " The first one was signed without submitting in all material as provided for in the general conditions for this type of insurance and coverage for second was accepted , despite the reservations expressed by the technical services aspects of the entity with order to avoid a worsening of the risk taken earlier , "says the report.
No reproach conditions
The Court of Auditors makes clear that it is not "a judgment of reproach to the conditions under which the operation is compact" but " a call to maximize the attempts to reconcile the criteria of timeliness with respect to contractual legal framework has apply to all operations in line with the principle of legal security. "
The report notes that "while it is true that by Cesce must be given the necessary support to exporters espanolas , given the importance that the international trade sector has for the economic interests of the country, and sometimes the complexity of operations demand certain singularities in the legal treatment of them , so is to be , by all means , try to reconcile the above approach with respect to contractual legal framework to be applied to all operations . "
Absence of a ministerial order
The problem , the report says, is the uniqueness of the operation without legal coverage. " Without going into the inevitability of this operation separated in respect to the General Conditions applicable to Guarantors Safety Risks in Execution by Surety , notable is the lack of initiative on the part of Cesce oriented request of the Ministry of Economy Treasury ( in the time to which we refer ) the approval , by decree , the rules amparase the peculiarities of the operation analysis. It also does not know that the Risk Committee for State account to see addressed explicitly the issue of the need to partially deviate from the above Terms and Conditions , or that the operation be approved expressly accepting the fact, partial repeal of the them. "
The first of the policies made reference to the requirement in the specification of the contestants companies for the Canal expansion debian make a first deposit of bidding ( "bid bond" ) to participate in the contest amounting to 50 million dollars , and in the event that they adjudicase the contest, two other performance bonds ( "payment bond" and "performance bond" ) of 50 and 400 million, respectively.
Approval according to the technical report
The Risk Committee Covered by State account , the November 18, 2008 , was informed of the request for coverage to analyze the operation. Subsequently, at its meeting of February 17, 2009 , " I grant its approval under the proposed technical report prepared by Cesce coverage " , in which the economics of the operation are described . Also, you will request authorization for coverage could adopt the legal form that , in view of the circumstances , are unnecessary , thus to bestow a margin of discretion.
Cesce assumed so, according to the technical report , the commitment to pay in 10 days up to 217 million dollars ( 160 million euros at current exchange rates ) to Zurich if the bond were executed and Sacyr Swiss insurer did not fulfill its obligation to reintegrate in five days. Separately, Cesce signed with the Spanish construction that an agreement to pay the premium and reimburse the amount of the compensation in the event that payment of the same were to occur is required .
Thus, the Court considers that the comparable figure called "Sure to pawls risk of execution of bonds " but not explicitly use such contractual figure was used. Thus, " were breached in practice requirements of the General Conditions Required to apply to this kind of insurance , as then they indicated , and , being in course the risks covered by the operation, can not be determined at this time the economic significance of the operation to the state. " Among the differences with a standard operation are that compensation will be paid in this case in 15 days instead of 120 , that the insurance premium paid it Sacyr , when according to the general conditions shoulda paid Zurich , and the differences for the recovery because international rules apply. In addition , the Court of Auditors criticized the contracts were in English without translation into Spanish and that they only indicated as the date of his notarial register , but not the signature.
The second policy
There is also criticism of the second policy , the less data are given : "It has been shown that the total needs assurance that the Spanish exporter required were not entirely known to the Commission of Covered Risks State account the time allowed the operation. Thus, the risks being accepted by Cesce assurance initially proved only a part of what eventually was to cover, seeing themselves forced to accept this extension thereof, despite its size , to avoid , otherwise unviable operation export and losses that have occurred subsequent to all parties , including Cesce own as insurance . "
The Court does not give many explanations. It could be referring to in their policies initially contemplated a 39 % of the Sacyr consortium, which ended up being 48% , with a consequent increase in guarantees. But that's just a hypothesis.
So while the first policy of 160 million was approved " according to the technical report " is in this second policy , the amount is not specified in the technical services expressed reservations , although it is unclear if opposed same or if , despite these reservations , were in favor of facilitating the support to prevent losses Cesce occurring.
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