Attorney General asks TC to annul X-ray contract
Diario Libre
SANTO DOMINGO. The Attorney General's office asked the Constitutional Tribunal to pronounce the annulment of the contract between the Dominican state and the ICSSI commercial entity by which the company is authorized to install and operate X-ray equipment for digital scanning of containers in the ports of the country.
In this petition presented by the Assistant Attorney General for the high court, Ricardo Tavera Cepeda, the AG asks that Resolution 188-03 be declared unconstitutional. The resolution was dictated by the National Congress on 15 December 2003, and the Attorney General wants it nullified along with any other disposition, regulation or act that might be connected to the resolution or the contract.
The contract, signed 18 July 2002, also considers the inspection of freight that arrives at the country's ports, and collect, as a fee, certain tariffs established in the contract.
The contract also establishes that the authorized inspection by ICSSI would be exclusive for the life of the contract.
The Attorney General suggested that there is a valid argument that in these terms the state has established a monopoly in favor of the company for the exploitation of an indispensible service of unavoidable application when importing raw materials and merchandise, such as that which is sold and processed by the companies that are plaintiffs in the unconstitutionality in the exercise of their commercial and industrial operations.
"This monopoly becomes evident in the fact that due to the agreement that was signed and by the mandate of the resolution that approved it, no other operator can offer inspection and verification services of the imported containers with total independence to a greater or lesser degree of technology that might be applied at the time, nor of the impact that this could have on the efficiency and effectiveness of the service as well as the impact on the costs to be paid by the customers for the improvement of the tariffs."
In this petition presented by the Assistant Attorney General for the high court, Ricardo Tavera Cepeda, the AG asks that Resolution 188-03 be declared unconstitutional. The resolution was dictated by the National Congress on 15 December 2003, and the Attorney General wants it nullified along with any other disposition, regulation or act that might be connected to the resolution or the contract.
The contract, signed 18 July 2002, also considers the inspection of freight that arrives at the country's ports, and collect, as a fee, certain tariffs established in the contract.
The contract also establishes that the authorized inspection by ICSSI would be exclusive for the life of the contract.
The Attorney General suggested that there is a valid argument that in these terms the state has established a monopoly in favor of the company for the exploitation of an indispensible service of unavoidable application when importing raw materials and merchandise, such as that which is sold and processed by the companies that are plaintiffs in the unconstitutionality in the exercise of their commercial and industrial operations.
"This monopoly becomes evident in the fact that due to the agreement that was signed and by the mandate of the resolution that approved it, no other operator can offer inspection and verification services of the imported containers with total independence to a greater or lesser degree of technology that might be applied at the time, nor of the impact that this could have on the efficiency and effectiveness of the service as well as the impact on the costs to be paid by the customers for the improvement of the tariffs."
Diario Libre
Continuar con Google