The Fifth Chamber of Administrative Litigation has declared void the 25 year usufruct contract between Empresa Portuaria Quetzal and Terminal de Contenedores Quetzal, property of APM Terminals.
"...APM Terminals said in a statement: "This is a judicial process in which resources still depend, so we trust in a favorable resolution for the operation of the terminal. APM Terminals will continue this process and in accordance with the law will promote the proceeding resources''."
The company is preparing the documents to tender a service for mobile cranes for unloading goods at the port.
Authorities at Empresa Portuaria Quetzal expect the bidding process to take about six months.The new contractor will replace Servicios Bayside, whose contract expires in May 2018.
The president of the Board of Directors of the EPQ, Bernardo López, explained that "... the contract has been in force since 2001 and its value is $9.9 million."
A court ruling has overturned the SAT resolutions authorizing Empresa Portuaria Quetzal y Terminal de Contenedores Quetzal to operate as temporary customs warehouses.
Although the Superintendency of Tax Administration (SAT) has announced that it will be appealing the ruling given by the Second Administrative Appeals Chamber, the reality is that since June 28, the activities of the customs warehouses in Empresa Portuaria Quetzal (EPQ) have been suspended as well as those at the Terminal de Contenedores Quetzal (TCQ)."...The resolution orders that the SAT no longer has the customs service under its administration, which contravenes the Central American Customs Code CAUCA, therefore the Superintendency will file an appeal against the decision made by the Court."
The absence of a municipal permit could be the reason behind the temporary suspension of the operations of the Quetzal Container Terminal ordered by the Joint Appeals Chamber of Escuintla.
The union of workers of Empresa Portuaria Quetzal (EPQ) filed a legal petition arguing that the company did not submit a municipal license to operate.The Escuintla Joint Appeals Chamber ordered the suspension of operations and required the EPQ to submit a report on compliance with the resolution within 48 hours.
Among the works planned by the Quetzal Port Company are the construction of a road overpass, a breakwater, and dredging at the commercial dock.
The investment plan presented by Empresa Portuaria Quetzal (EPQ) indicates that the total amount allocated for these works, to be carried out in 2017 and 2018, will be $15 million.
EPQ's president, Bernardo Lopez, told Agn.com.gt that "...
The operator of the container terminal may have already informed customers and shipping companies that on March 9th it will be ready to start receiving the first ships.
In late January the Port of Quetzal (EPQ) gave approval for APM Terminals to start operations at the Quetzal Container Terminal, and now the company could be preparing to start operations from March 9.
Compensation of $43 million to the State and a concession for 21 years for APM Terminals are part of the agreement made with the foreign company for it to operate the container terminal.
According to an article on Publinews, Anabella Morfin, Attorney General of the Nation, explained that"...APM and EPQ pledged to desist with the courts with their efforts to obtain a declaration of voiding due to incompetence, in order to streamline the operation of TCQ. "
The Public Ministry of Guatemala has announced that its investigations have shown that a network of illicit laundering of money and other assets operated in the port terminal.
Consideration is being given to canceling the contract with the concessionaire Container Terminal Spanish Quetzal after the denouncement that it paid bribes to Perez Molina for the award of the terminal.
An announcement has been made that in 2016 an integrated system will be used to to carry out fiscal, safety and phytosanitary controls in a single revision.
The Tax Authority will be responsible for deciding the date of the launch of the new system, which will integrate phytosanitary controls, customs and security in the container terminal of Puerto Quetzal.
The Attorney General's Office has recommended the onerous usufruct contract signed with the Spanish Terminal de Contenedores Quetzal be declared void.
If the Executive Branch does not declare it void, as recommended by the Attorney General's Office (PGN), this entity could "take appropriate action". PGN's argument is based on "... the auditor having exceeded its functions in signing the contract.
Port of Quetzal in Guatemala is planning to renovate an auxiliary dock, build a floating dock for cruise ships and bulk carriers and another one in the main dock.
Carlos Lainfiesta, chairman of the board of the Port of Quetzal (EPQ), told Prensalibre.com that "... the work will be done within the framework of strategic alliances with private actors. 'We are carrying out technical and financial evaluations to determine the constructive model for the work and costs'. "
As of June 15 the state intervention will be suspended, and as part of the new provisions, the five access gates that the company MS & L used in the Escuintla terminal will be disabled.
From a statement issued by the Government of Guatemala:
By order of President Otto Perez Molina, intervention in the Port of Quetzal (EPQ), a measure to help combat smuggling and fraud and to increase tax revenues, will cease after June 15th.
The ports handled 3.5 million metric tonnes more than in 2013, due to an increase of 213% in the cargos of lead, nickel, zinc, iron and other minerals.
In 2014, the movement of cargo from the port of Quetzal recorded a growth rate of 11%, Las Boyas de San José, 24%, Puerto Barrios terminal reported no change and the Port of Santo Tomas de Castilla had the strongest growth, of 36%.
A Technical Committee has been created made up of representatives from the Government and the private sector with the aim of coming up with proposals.
The Technical Committee will find out about, initially, the proposals of the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (Cacif), on the issue of the increased efficiency of the Empresa Portuaria Quetzal.
The Port of Quetzal is putting out to tender the construction of import and export warehouses at the site of the port.
The purpose of the project is the need to modernize the port due to annual growth and the need to provide better care to optimize the service, and bring adequate control in the supply and cost of the service in EPQ.
The deadline for submission of proposals is July 18, 2013.