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.
While pressure grows in Guatemala for the contract with APM Terminals to be annulled, the US company American Ports has expressed interest in operating the port.
Following opposition on the part of Congress to the possibility of approving a bill put forward by the executive branch proposing the granting of a direct concession to APM Terminals, now the Comptroller General of Accounts (CGC) has recommended declaring the contract void and starting a new process.
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 restrictions currently imposed on Guatemala in terms of air freedoms constitute a limiting factor to the competitiveness of its productive sectors.
EDITORIAL
In a recent webinar entitled "Open Skies Agreement and its Impact on Competitiveness"organized by Agexport, evidence was presented of the negative impact on Guatemala of having ratified only"... three of these freedoms(with the country only allowed to embark and disembark passengers and cargo in the state to which the airline belongs and at points within a reasonably direct route), and the limitations that this presents."
Following the authorization granted to TCQ by the Superintendency of Tax Administration to function as a temporary customs warehouse, its entry into operations for October has been announced.
Anarticle in Prensalibre.comreports that"...The auditor of the TCQ, Alexander Aizenstatd said that with the authorization published in Diario de Centro América on Friday, an intermediate stage has started where there a link is formed with the authorities of the SAT, in order to subsequently ask for the entry into operation.'Closer ties have now been made with the National Port Commission for certification and following this a certification will be requested for the Marina.The plan is for the TCQ to be operational at the end of September, or beginning of October. ' "
The Executive Branch is considering the cancellation of the lease agreement between Ferrovías and Cobigua after the Attorney General's Office filed a complaint alleging anomalies.
The Executive is evaluating whether it will declare invalid the lease agreement between Compañía Desarrolladora Ferroviaria (Ferrovías) and Compañía Bananera Guatemalteca Independiente (Cobigua) days after the PGN filed a suit with the Public Prosecutor to start an investigation to determine " ... who were the people responsible for signing the contract, in addition to identifying what legal standards were used by Ferrovías to finalise the aforementioned contract, since that company has no power over the state." See "Corruption denounce in the concessioning and management of Puerto Quetzal" Lahora.gt reports that "...The contract entitles Cobigua to use the port of Puerto Barrios, Izabal, until 2048, after the expiry last year of the onerous usufruct contract, awarded in 1990. In the view of the former Attorney General of the Nation, Maria Eugenia Villagran, Ferrovías had no authority to give the port administration over to Cobigua."
President Morales has already given clear signals that the concession contract with the company Puerto Quetzal TCB, will have to be canceled.
Despite being a decision which falls to the Attorney General's Office, in response to persistent queries by journalists, President Jimmy Morales said "... 'The declaration of invalidity is a fact that must be declared. '"
The acquisition of TCB by APM Terminals means that any dispute concerning the granting of Puerto Quetzal will involve the largest group in the world in the maritime sector, the Maersk shipping company.
Following the Public Ministry's denouncement of the existence of an illicit money laundering network operating in the Container Terminal at Quetzal , the government of Jimmy Morales is torn between declaring void the concession contract with the current operator, TCB, as recommended by the Attorney General's Office on several occasions, or making other arrangements with the company. The Morales government may have to negotiate with the Danish giant Maersk Group, which bought 100% of the shares of the Spanish TCB in October 2015, according to an article on Elperiodico.com.gt.
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.
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.
The construction consortium has rejected the proposed solutions one by one, as they know that being replaced would be more expensive for the ACP than to acquiesce to its demands.
EDITORIAL
The alleged light at the end of the tunnel that led to an agreement in principle to resolve the alleged illiquidity of Grupo Unidos por el Canal (GUPC), was dimmed when the consortium led by Sacyr and Impregilo returned to its extremist position: Pay the overruns of $1.6 billion, or the works will be halted.
Operators from more than 20 countries will participate in the four day port event, considered to be the most important one in the region.
The inauguration will be held on February 8, 2009 and will include the presence of the Secretary General of the World Maritime Organization (OMI), Efthimios Mitropoulos, who will be the main speaker along with important local and international guest speakers from the shipping world.