The Board of Directors of Proinvestment agreed to incorporate the clause anti-corruption in public-private partnership (PPP) contracts.
“The Concessionaire declares that neither it, nor its shareholders, partners or Related Companies, nor any of its respective directors, officers, employees, nor any of its advisors, representatives or agents, have paid, offered, nor attempted to pay or offer, nor will they attempt to pay or offer in the future any payment or illegal commission to any authority related to the private investment promotion process (including the granting of the Bid Award for the Tender) or the execution of this Contract,” the approved document reads.
Furthermore, it is established that if it is verified that any of the natural or legal persons mentioned had been convicted by a consented or enforceable sentence, or had admitted or recognized this act of corruption, the contract is terminated and the concessionaire must pay a penalty of 10% of the settlement amount.
Likewise, it indicates that termination due to application of the anti-corruption clause does not generate any right to compensation in favor of the concessionaire for damages.
“This agreement will apply to ongoing processes, and the Executive Presidency, the Special Committees, competent bodies and officials must take immediate actions to comply with it,” he states.
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