More criticism of Posorja concession award

The latest of these relates to incorrect testimony as to DP World’s company status at the time of the signing of the concession agreement and related to this false testimony, a criminal offence.

In the latest legal submissions regarding the concession award for the Posorja Deep Water Port, signed in 2016, two major allegations have, according to local media sources, been put before Ecuador’s State Attorney General, namely:

– That on the occasion of DP World signing the 50-year concession agreement for Posorja that the company knowingly made an incorrect statement of fact, i.e. that DP World Investments BV (the majority shareholder of DP World Posorja SA) is a state-owned company of Dubai, UAE, whereas the deed of incorporation of DP World Investments BV states that it is a private company with a limited liability. Equally, it is well known that the parent company DP World has private investors and as such is not a wholly-owned state company.

– The second infringement identified follows on from the first, namely false testimony – a criminal offence resulting from appearing before a Notary Public and “signing something that is a lie.”

These latest submissions – presented by a combination of legal and other professional interested parties – follow on from earlier submissions relating to abuse of process concerning the method used to award the concession as well as achieve environmental approvals.

The case is in the preliminary investigation stage and continues.

DP World did not respond to Port Strategy’s questions.