Petition 165
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All redactions made pursuant to exemptions (b)(6), (b)(7)(C), (b)(7)(F)
I
LAW OFFICES
BECKER Bt POLIAKOFF,
P.A.
Florida Offices Administrative Office 3111 Stirling Hoad Ft Lauderdale. FL 333U US Toll Free. (8001 432-7712
btcker-poliakoff.com
bpSbecker-poliakofUom Boca Raton" F;. Myers
January 10,2002
Fl. Walton Bwch Hollywood Jack.sonWlle Melbourne' Miami Naples Orlando
R. Richard Newcomb, Director Office of Foreign Assets Control U.S. Department of the Treasury 1500 Pennsylvania Ave., NW. - Annex. Washington, D.C. 20220
Port Charlotte'
RE;
St. Pecersbiug
Surssotii Tallahassee Tamps) W«i Palm Reich ' tiiwlulili'joi iriiliriftdum in {iflxmuiiit'iii tmlr
International and Affiliated Offices Prague, Czet-h Republic Pans. France Frankfurt. Gemuim Beijing, People's Republic ol China Bern. Switzerland
Removal of Industria de Pesca Sobre el Pacifico, S.A. (a.k.a. Inpesca, S.A.) from the Specially Designated Narcotics Trafficker List
Dear Director Newcomb: This letter is to request, pursuant to 31 CFR § 501.807, that the designation of Industria de Pesca Sobre el Pacifico, S.A. (a.k.a. Inpesca, S.A.) as a Specially Designated Narcotics Trafficker (hereinafter "SDNT") be rescinded because the circumstances resulting in the designation no longer apply. What follows are arguments and evidence that Inpesca proposes as remedial steps on Inpesca's behalf, including corporate reorganization and resignation of blocked persons from employment positions at Inpesca which negate the basis for designating Inpesca as an SDNT. We request, pursuant to 31 CFR § 501.807(c), a meeting with the Office of Foreign Assets Control (hereinafter "OFAC") to discuss this matter prior to OFAC completing its review of this request for reconsideration. Inpesca, along with a number of individuals associated with Inpesca, was added as an SDNT on May 24, 2001. See 66 Fed. Reg. 104. According to the OFAC website: Changes to the SDNT List in 2001
'CONSULEGISEEK Member of Omiulcgis. 3n Inicrnjtidliil Atwcijuun
uf Lai. fimu.
Network of Leading Law Firms
www.becker-poliakorf.com
001886
All redactions made pursuant to (b)(6), (b)(7)(C), (b)(7)(F)
R. Richard Newcomb, Director January 10, 2002 Page 2 4/24/01 The following names have been added to OFAC's listing of Specially Designated National and Blocked Persons as "Specially Designated Narcotics Traffickers" ISDNTs): INPESCA S.A. (a.k.a. INDUSTRIA DE PESCA SOBRE EL PACIFICO S.A.) Km. 5 El Pinal, Buenaventura, Colombia; Av. Simon Bolivar Km. 5 El Pnal, Buenaventura, Colombia; NIT # 890302172-4 (Colombia) [SDNT] Also included on that particular addition were the following persons, each of whom was or remains a shareholder, manager, or member of the Board of Directors of INPESCA.
INPESCA should be removed from the SDNT list because each of the above persons, and others that may be on the SDNT list, have been removed from any association with INPESCA. A history of the company, INPESCA, follows. Documentary proof establishing the information stated below has been enclosed with this request and marked with the Exhibit number corresponding to each reference herein. Industria de Pesca Sobre el Pacifico Limitada "Inpesca, Ltda." (the "Company") was organized and incorporated in 1960 in Buenaventura, Colombia, for the purpose of among other things, general fishing, financing independent fisheries and fishermen, purchasing and storinfi
seafooiandtotaionofseaiood Its original owners were HflHHHHHHMHMHHHI a n d H H H H H H H H H H H £ a c h contributed $75,000 Colombian pesos ("CP") (in form of land, personal property, and cash) as capital contributions for a total of $150,000 CP. (EXHIBIT 1,, PUBLIC WRITING N O . 212, April 12, 1960). In 1963, the Company's capital was increased to $250,000 by each of the two owners contributing another $50,000 CP. Again in 1964, the capital
001887
All redactions made pursuant to (b)(6), (b)(7)(C), (b)(7)(F)
R. Richard Newcomb, Director January 10, 2002 Page 3 was increased to $450,000 CP by equal contributions by eacho^heownerso^lOO^OOCPMn
1973, the Company's capital is increased to $2,500,000 and H M ^ ^ H ^ ^ ^ ^ ^ H H M H
and Hfl^l^^^^^^^^^^^H were introduced as new stockholders in addition to the previous owners. (EXHIBIT 2, PUBLIC WRITING No. 1211 December 26, 1973). Over the next twelve years the company's capital was increased to £100,000,000 CP and in 1989 the company was sold to the following parties in the following proportions: (1) Maragricola S.A. 94%, (2) Inversiones Holguin Hurtados S. en C.I. 1.5%, (3) N. Hurtado y CIA. S.A. 1.5%, (4) Central Dona Ana S.A. 1.5%, and (5) Distribuidora Dona Ana Ltda 1.5%. (EXHIBIT 3, PUBLIC WRITING NO. 3758, September 12, 1989). The following year, the company was changed from limited status to "anonymous" status. (EXHIBIT 4, PUBLIC WRITING NO. 3899 August 23, 1990). The next transformation of the company is evidenced in the minutes from its 1993 shareholder's meeting that show a sale of the company to the following stockholders in the following percentages: NAME
STOCK 16,000
PERCENTAGE 8%
16,000
8%
18,000
9%
4,000
2%
2,000
1%
2,000
1%
.0001
1%
30,0000
5%
10,000
5%
10,000
5%
10,000
5%
1
For Ease of Reference, I have bolded the names of all the people involved who are currently on the OFAC list updated as of October 12, 2001.
001888
All redactions made pursuant to (b)(6), (b)(7)(C), (b)(7)(F)
R. Richard Newcomb. Director January 10,2002 Page 4
• • • • • TOTAL
10,000
5%
20,000
10%
20,000
10%
10,000
5%
10,000
5%
10,000
5%
20,0000 200,000
10% 100%
(EXHIBIT 5, ACT No. 4)
In the 1995 Shareholder's meeting, it is shown that the ownership was as follows: 48,360 shares 48,320 shares 75,920 shares 19,940 shares 520 shares 6,940 shares
Taura, S.A. Galipagos, S.A. Desarollos Agroindustriales, S.A. C.I. del Occidente, S.A.
The Minutes for the 1996 Shareholders' meeting reflect the sale of Taura, S.A. and Galapagos, S.A.'s shares of stock. The entire stock ownership is transferred to new owners in the following amounts and proportions:
•••1 NAME
SHARES 46,000
PERCENTAGE 23%
8,000
4%
8,000
4%
14,000
7%
60,000
30%
001889
All redactions made pursuant to exemptions (b)(6), (b)(7)(C), (b)(7)(F) R. Richard Newcomb, Director January 10, 2002 Page 5
(EXHIBIT 7, ACT NO.
32,000
16%
32,000
16%
200,000
100%
14, April 1,1996).
The Minutes for (he 1997 shareholders' meeting reflect (currently on the OFAC list) purchased all 8,000 of (EXHIBIT 8, ACT NO. 3 8, April 30, 1997). In a separate meeting, one of the directors of the corporation (EXHIBIT 9, ACT NO. 20, May 30, 1997).
shares [replaces
In 1998, a shareholders' meeting was held to elect new Board of Directors, which includedBBBBBHI^^BBIBBBi(currently on the OFAC list). (EXHIBIT 10, ACT NO. 22, March 31, 1998). AdditionalIyT^^M______________l (14,000 shares/7%) transferred his shares t o f l H H H H H ^ H H H | ^ ^ ^ ^ H H i H ^ H H i ( 3 2 , 0 0 0 shares/16%) transferred his shares to____________________^(EXHiBrr 11, ACT NO. 23, October 30, 1998). The 1999 shareholders' meeting illustrates new transfers of shares resulting in two shareholders, who are on the OFAC list: | NAME
••____••___•
SHARES 60,000
PERCENTAGE 30%
32,000
16%
32,000
16%
16,000
8%
14,000
7%
46,000
23%
(OFAC list).
BUB!. KOFAClist^^^^^^^
TOTAL (EXHIBIT
200,000 12, ACT NO. 25, August 17, 1999.)
100%
According to the Certificate of Existence and Representation from Colombia (EXHIBIT 13), as of 1999, the members of the Board of Directors of Inpesca were: Directors: —
001890
All redactions made pursuant to exemptions (b)(6), (b)(7)(C), (b)(7)(F) R. Richard Newcomb, Director January 10,2002 Page 6
1. 2. 3. 4. 5. 6. The following steps have been taken by Inpesca which should convince OFAC to remove Inpesca from the SDNT list. jhave been removed from any ownership and management of Inpesca. Consequently, the alleged change in ownership and control of Inpesca may be substantiated by an investigation by OFAC, and, upon request, submission of evidence confirming the statements made in this letter of request. According to the OFAC regulations at 31 C.F.R. § 536.408(a): A change or alleged change in ownership or control of an entity designated as a specially designated narcotics trafficker shall not be the basis for removal of that entity from the list of specially designated narcotics traffickers unless, upon investigation by the Office of Foreign Assets Control and submission of evidence by the entity, it is demonstrated to the satisfaction of the Director of the Office of Foreign Assets Control that the transfer to a bona fide purchaser at arm's length is legitimate and that the entity no longer meets the criteria for designation under $ 536.312. Evidence submitted must conclusively demonstrate that all ties with other specially designated narcotics traffickers have been completely severed, and may include, but is not limited to, articles of incorporation; identification of new directors, officers, shareholders, and sources of capital; and contracts evidencing the sale of the entity to its new owners. i interests in Inpesca have been validly transferred to a bona fide third party purchaser in an arm's length transaction, ^ I H H H H i shares were as well (EXHIBITS 14 and 15). Additionally, they have both resigned their positions as |
001891
All redactions made pursuant to exemptions (b)(6), (b)(7)(C), (b)(7)(F) R. Richard Newcomb, Director January 10,2002 Page 7 of Inpesca, evidenced by a proper shareholder's meeting which named their replacements (EXHIBIT 16).
2.
Replacement of
I was the for Inpesca from March 2000 to MarcT 2001, and he was on formally replaced (EXHIBIT 17).
(for lack of a better term) ie SDNT list, but he has since been
The circumstances resulting in the designation of Inpesca as a 'blocked person', as defined at 31 CFR § 50l.807(a) no longer apply. Pursuant to that section, we have proposed steps that Inpesca believes would negate the basis for such continued designation. Inpesca has aggressively reorganized its corporate structure, forced certain persons to resign from positions in the blocked entity, and taken other similar actions. Inpesca desires to resume regular business in the United States as soon as possible. Please contact me with any questions regarding this memorandum or this matter generally. Pursuant to 31 CFR § 501.808(b), please identify any and all further information or documentation that you require be submitted to substantiate the statements made in this letter to unblock Inpesca from doing business in the United States.
For the Firm Enclosures 684243_3 DOC 01/10/02
001892
I
LAW OFFICES
BECKER Bt POLIAKOFF,
P.A.
Florida Offices Administrative Office 3111 Stirling Hoad Ft Lauderdale. FL 333U US Toll Free. (8001 432-7712
btcker-poliakoff.com
bpSbecker-poliakofUom Boca Raton" F;. Myers
January 10,2002
Fl. Walton Bwch Hollywood Jack.sonWlle Melbourne' Miami Naples Orlando
R. Richard Newcomb, Director Office of Foreign Assets Control U.S. Department of the Treasury 1500 Pennsylvania Ave., NW. - Annex. Washington, D.C. 20220
Port Charlotte'
RE;
St. Pecersbiug
Surssotii Tallahassee Tamps) W«i Palm Reich ' tiiwlulili'joi iriiliriftdum in {iflxmuiiit'iii tmlr
International and Affiliated Offices Prague, Czet-h Republic Pans. France Frankfurt. Gemuim Beijing, People's Republic ol China Bern. Switzerland
Removal of Industria de Pesca Sobre el Pacifico, S.A. (a.k.a. Inpesca, S.A.) from the Specially Designated Narcotics Trafficker List
Dear Director Newcomb: This letter is to request, pursuant to 31 CFR § 501.807, that the designation of Industria de Pesca Sobre el Pacifico, S.A. (a.k.a. Inpesca, S.A.) as a Specially Designated Narcotics Trafficker (hereinafter "SDNT") be rescinded because the circumstances resulting in the designation no longer apply. What follows are arguments and evidence that Inpesca proposes as remedial steps on Inpesca's behalf, including corporate reorganization and resignation of blocked persons from employment positions at Inpesca which negate the basis for designating Inpesca as an SDNT. We request, pursuant to 31 CFR § 501.807(c), a meeting with the Office of Foreign Assets Control (hereinafter "OFAC") to discuss this matter prior to OFAC completing its review of this request for reconsideration. Inpesca, along with a number of individuals associated with Inpesca, was added as an SDNT on May 24, 2001. See 66 Fed. Reg. 104. According to the OFAC website: Changes to the SDNT List in 2001
'CONSULEGISEEK Member of Omiulcgis. 3n Inicrnjtidliil Atwcijuun
uf Lai. fimu.
Network of Leading Law Firms
www.becker-poliakorf.com
001886
All redactions made pursuant to (b)(6), (b)(7)(C), (b)(7)(F)
R. Richard Newcomb, Director January 10, 2002 Page 2 4/24/01 The following names have been added to OFAC's listing of Specially Designated National and Blocked Persons as "Specially Designated Narcotics Traffickers" ISDNTs): INPESCA S.A. (a.k.a. INDUSTRIA DE PESCA SOBRE EL PACIFICO S.A.) Km. 5 El Pinal, Buenaventura, Colombia; Av. Simon Bolivar Km. 5 El Pnal, Buenaventura, Colombia; NIT # 890302172-4 (Colombia) [SDNT] Also included on that particular addition were the following persons, each of whom was or remains a shareholder, manager, or member of the Board of Directors of INPESCA.
INPESCA should be removed from the SDNT list because each of the above persons, and others that may be on the SDNT list, have been removed from any association with INPESCA. A history of the company, INPESCA, follows. Documentary proof establishing the information stated below has been enclosed with this request and marked with the Exhibit number corresponding to each reference herein. Industria de Pesca Sobre el Pacifico Limitada "Inpesca, Ltda." (the "Company") was organized and incorporated in 1960 in Buenaventura, Colombia, for the purpose of among other things, general fishing, financing independent fisheries and fishermen, purchasing and storinfi
seafooiandtotaionofseaiood Its original owners were HflHHHHHHMHMHHHI a n d H H H H H H H H H H H £ a c h contributed $75,000 Colombian pesos ("CP") (in form of land, personal property, and cash) as capital contributions for a total of $150,000 CP. (EXHIBIT 1,, PUBLIC WRITING N O . 212, April 12, 1960). In 1963, the Company's capital was increased to $250,000 by each of the two owners contributing another $50,000 CP. Again in 1964, the capital
001887
All redactions made pursuant to (b)(6), (b)(7)(C), (b)(7)(F)
R. Richard Newcomb, Director January 10, 2002 Page 3 was increased to $450,000 CP by equal contributions by eacho^heownerso^lOO^OOCPMn
1973, the Company's capital is increased to $2,500,000 and H M ^ ^ H ^ ^ ^ ^ ^ H H M H
and Hfl^l^^^^^^^^^^^H were introduced as new stockholders in addition to the previous owners. (EXHIBIT 2, PUBLIC WRITING No. 1211 December 26, 1973). Over the next twelve years the company's capital was increased to £100,000,000 CP and in 1989 the company was sold to the following parties in the following proportions: (1) Maragricola S.A. 94%, (2) Inversiones Holguin Hurtados S. en C.I. 1.5%, (3) N. Hurtado y CIA. S.A. 1.5%, (4) Central Dona Ana S.A. 1.5%, and (5) Distribuidora Dona Ana Ltda 1.5%. (EXHIBIT 3, PUBLIC WRITING NO. 3758, September 12, 1989). The following year, the company was changed from limited status to "anonymous" status. (EXHIBIT 4, PUBLIC WRITING NO. 3899 August 23, 1990). The next transformation of the company is evidenced in the minutes from its 1993 shareholder's meeting that show a sale of the company to the following stockholders in the following percentages: NAME
STOCK 16,000
PERCENTAGE 8%
16,000
8%
18,000
9%
4,000
2%
2,000
1%
2,000
1%
.0001
1%
30,0000
5%
10,000
5%
10,000
5%
10,000
5%
1
For Ease of Reference, I have bolded the names of all the people involved who are currently on the OFAC list updated as of October 12, 2001.
001888
All redactions made pursuant to (b)(6), (b)(7)(C), (b)(7)(F)
R. Richard Newcomb. Director January 10,2002 Page 4
• • • • • TOTAL
10,000
5%
20,000
10%
20,000
10%
10,000
5%
10,000
5%
10,000
5%
20,0000 200,000
10% 100%
(EXHIBIT 5, ACT No. 4)
In the 1995 Shareholder's meeting, it is shown that the ownership was as follows: 48,360 shares 48,320 shares 75,920 shares 19,940 shares 520 shares 6,940 shares
Taura, S.A. Galipagos, S.A. Desarollos Agroindustriales, S.A. C.I. del Occidente, S.A.
The Minutes for the 1996 Shareholders' meeting reflect the sale of Taura, S.A. and Galapagos, S.A.'s shares of stock. The entire stock ownership is transferred to new owners in the following amounts and proportions:
•••1 NAME
SHARES 46,000
PERCENTAGE 23%
8,000
4%
8,000
4%
14,000
7%
60,000
30%
001889
All redactions made pursuant to exemptions (b)(6), (b)(7)(C), (b)(7)(F) R. Richard Newcomb, Director January 10, 2002 Page 5
(EXHIBIT 7, ACT NO.
32,000
16%
32,000
16%
200,000
100%
14, April 1,1996).
The Minutes for (he 1997 shareholders' meeting reflect (currently on the OFAC list) purchased all 8,000 of (EXHIBIT 8, ACT NO. 3 8, April 30, 1997). In a separate meeting, one of the directors of the corporation (EXHIBIT 9, ACT NO. 20, May 30, 1997).
shares [replaces
In 1998, a shareholders' meeting was held to elect new Board of Directors, which includedBBBBBHI^^BBIBBBi(currently on the OFAC list). (EXHIBIT 10, ACT NO. 22, March 31, 1998). AdditionalIyT^^M______________l (14,000 shares/7%) transferred his shares t o f l H H H H H ^ H H H | ^ ^ ^ ^ H H i H ^ H H i ( 3 2 , 0 0 0 shares/16%) transferred his shares to____________________^(EXHiBrr 11, ACT NO. 23, October 30, 1998). The 1999 shareholders' meeting illustrates new transfers of shares resulting in two shareholders, who are on the OFAC list: | NAME
••____••___•
SHARES 60,000
PERCENTAGE 30%
32,000
16%
32,000
16%
16,000
8%
14,000
7%
46,000
23%
(OFAC list).
BUB!. KOFAClist^^^^^^^
TOTAL (EXHIBIT
200,000 12, ACT NO. 25, August 17, 1999.)
100%
According to the Certificate of Existence and Representation from Colombia (EXHIBIT 13), as of 1999, the members of the Board of Directors of Inpesca were: Directors: —
001890
All redactions made pursuant to exemptions (b)(6), (b)(7)(C), (b)(7)(F) R. Richard Newcomb, Director January 10,2002 Page 6
1. 2. 3. 4. 5. 6. The following steps have been taken by Inpesca which should convince OFAC to remove Inpesca from the SDNT list. jhave been removed from any ownership and management of Inpesca. Consequently, the alleged change in ownership and control of Inpesca may be substantiated by an investigation by OFAC, and, upon request, submission of evidence confirming the statements made in this letter of request. According to the OFAC regulations at 31 C.F.R. § 536.408(a): A change or alleged change in ownership or control of an entity designated as a specially designated narcotics trafficker shall not be the basis for removal of that entity from the list of specially designated narcotics traffickers unless, upon investigation by the Office of Foreign Assets Control and submission of evidence by the entity, it is demonstrated to the satisfaction of the Director of the Office of Foreign Assets Control that the transfer to a bona fide purchaser at arm's length is legitimate and that the entity no longer meets the criteria for designation under $ 536.312. Evidence submitted must conclusively demonstrate that all ties with other specially designated narcotics traffickers have been completely severed, and may include, but is not limited to, articles of incorporation; identification of new directors, officers, shareholders, and sources of capital; and contracts evidencing the sale of the entity to its new owners. i interests in Inpesca have been validly transferred to a bona fide third party purchaser in an arm's length transaction, ^ I H H H H i shares were as well (EXHIBITS 14 and 15). Additionally, they have both resigned their positions as |
001891
All redactions made pursuant to exemptions (b)(6), (b)(7)(C), (b)(7)(F) R. Richard Newcomb, Director January 10,2002 Page 7 of Inpesca, evidenced by a proper shareholder's meeting which named their replacements (EXHIBIT 16).
2.
Replacement of
I was the for Inpesca from March 2000 to MarcT 2001, and he was on formally replaced (EXHIBIT 17).
(for lack of a better term) ie SDNT list, but he has since been
The circumstances resulting in the designation of Inpesca as a 'blocked person', as defined at 31 CFR § 50l.807(a) no longer apply. Pursuant to that section, we have proposed steps that Inpesca believes would negate the basis for such continued designation. Inpesca has aggressively reorganized its corporate structure, forced certain persons to resign from positions in the blocked entity, and taken other similar actions. Inpesca desires to resume regular business in the United States as soon as possible. Please contact me with any questions regarding this memorandum or this matter generally. Pursuant to 31 CFR § 501.808(b), please identify any and all further information or documentation that you require be submitted to substantiate the statements made in this letter to unblock Inpesca from doing business in the United States.
For the Firm Enclosures 684243_3 DOC 01/10/02
001892
