Ordering the withholding of the credits, which could have employment implications, in the hacienda La Clementina, is null and void, illegal and illegitimate, because, there is, in the Fourth Chamber of the Tax District Court, and exception lawsuit, raised by Exporter Bananera Noboa, which suspends the execution of the coercive process as provided by the law in article 214 of the Tax Code; lawsuit that remains pending resoltuion.

This was affirmed by Dr. Sylka Sanchez, attorney of the company, in response to the notification of the seizure of the hacienda “La Clementina” carried out this morning by the Internal Revenue Services (SR!, for its Spanish acronym).

She said that the procedure was conducted in an irrational and daunting way, totally unnecessary, using the armed forces, the police and tax officials, in an another act within the political media show, now common to the SRI.

She added that Exporter Bananera Noboa, has denounced publicly, the exercise of legal proceedings of effective legal protection and legitimate exercise of their right to defend themselves, and also the successive arbitrairness of the tax administration, and that they reserve their right to take the proper legal international actions against the officials that are acting against the law.

She was worried because the action will generate a social problem to employees and national and international consumers, because, despite that the company has not been embargoed, it was ordered the withholding of the credits, which could have employment implications.

She explained that through the collection of their debtors, the company operates and pay the employees, suppliers, inputs, etc. In other words, if the withholding remains, the cash flow of the company would be affected, and in a matter of weeks, the hacienda La Clementina would go broke with the consequent reduction of its market value.

Lawyer Sanchez, insisted in the request for the intervention of President Rafael Correa as a mediator, so it can be demonstrated technically, the illegality of the gloss and therefore, close this regrettable episode of abuse against Exporter Bananera Noboa.

PRESS CONFERENCE
DR. SYLKA SANCHEZ
EMBARGO OF THE HACIENDA LA CLEMENTINA

Well, as you already know, one more time the SRI has acted in an intimidating way, this time they have embargoed the Hacienda “La Clemetina”, this is illegal, because, currently, there is an exception lawsuit in the Court of Guayaquil. This is the only case in the country that, although knowing the existence of an exception lawsuit that is being processed in the Court, which suspends any coercive action, they continue to act outside the law.

It seems that what they want is to damage, one more time, a company of our group, because if you take a look at the order to seize the hacienda, it is being ordered to retain the funds of the company; if this happens ladies and gentlemen, it’s impossible to fumigate, a week goes by and if a banana farm is not fumigated, the plantations will burn and this will result in the bankruptcy of the company.

This is very serious, because there are thousands of people working for the hacienda and if they have no cash flow to pay the salaries, to fumigate the plantations, the employees will be damaged and the hacienda will burn, as it is technically called in the banana business, when a plantation is not fumigated.

We insist, one more time, and request the President, economist Rafael Correa, to appoint a commission to mediate in this process, a technical commission to see the bottom of this subject and for the SRI to explain to the country why they are pretending to collect from Bananera Noboa the amount of 101 million dollars, when Dole, for the same fiscal year of 2005, was charged 700 thousand dollars.

We know that the SRI does not want to act legally, they are acting arbitrarily, using policemen, military personnel, who should be protecting the streets of Guayaquil, the streets of Ecuador, which are insecure, and they are using, at the moment, more than 400 people payed by the State to carry out an action that is illegal, because the SRI  knows that if we take this to Court they will not be able to prove, how, for the fiscal year of 2005, only, they pretend to collect 101 million dollars, and a little bit more, when Dole exported more fruit than Bananera Noboa the same year of 2005 and only paid 700 thousand dollars.

Press: Dr. Sanchez, good afternoon, a question, the embargo that was carried out on the hacienda “La Clementina” that its been justified on the fact that the assets that were seized before didn’t cover the 102 million dollars. Have you conducted a valuation of the assets that were seized at first to see if they cover the debt or not?

Sylka Sánchez: Only with the goods in Playas, that encompass 14 million kilometers, the alleged debt is more than paid, which we are challenging and still remains in Court. We are taking the process to international courts, it has to end this way because is required by law. First to national bodies, then to international ones, but is clear that they want to damage the Noboa Corporation , and the employees. I repeat, with the lands that cover 14 thousand kilometers, that have been seized, the alleged debt would be covered, perhaps, but if you go to a property that is worth several million dollars and it is not fumigated, because it has no cash flow as determined by the seize order, there will be no fumigation and the banana plantations will die. And what is going to happen? The price will fall, so what we are seeing here is an act of bad faith.

Press:  What is the estimate value of the hacienda La Clementina?

Sylka Sánchez:  we just went there and appointed a technician, we had some problems because there are several policemen, as you saw in the pictures on Twitter. We had to go because the administrators asked the lawyers to go. There will be an appraisal of the property, an inventory of all the goods, because they worth several million dollars. I can’t tell you exactly, but are several million dollars as is one of the biggest farms in the country.

Press:  How many employees work for the farm?

Sylka Sánchez: Approximately 1.500 employees.

Press: You say that the land in Playas worths 14 million dollars?

Sylka Sánchez: No, 114 million dollars

Press: So, you know the price that the SRI is putting to the goods that were seized at first and which are going to be auctioned.

Sylka Sánchez: Yes, we are contesting that prices, because a plane, and I have the data here, because I come from Babahoyo, it has been valued aproximately in 20 thousand dollars. A plane does not worth 20 thousand dollars, not even a car worths 20 thousand dollars; so is evident that all the movable and immovable property, planes, cars, are being valued with a lower price; in the case of the cars, we contested the appraisal, because they valued a brand new Mercedez Benz, 0 kilometers,  from 60 thousand dollars to 50 thousand dollars in the first auction, in a second auction that prize could drop to half, so, they are really trying to damage us, there will never be enough, no asset will cover the alleged debt with those appraisals which don’t correspond to reality.

Press: Are you afraid of new embargoes in the future in the case that the amount of 102 million dollars is not covered?

Sylka Sánchez: They have threatened with that, they cannot auction the goods when a challenge has been made, so that is why they are seizing more goods. But the banana business is complex, because there are 1.500 employees to deal with, the plantations have to be monitored in a technical way, is really dangerous when is not properly managed and the administration has no experience, because it can go broke, it can be burnt in just a week, if the banana plantations are not fumigated.

Press: Mister Carrasco said they have appointed an administrator to prevent all that you said to happen, and this means that the farm is being guarded so it is being administrated as well, so it can remain productive.

Sylka Sánchez: They have appointed a custodian. They will see how the farm needs to be managed, we have explained the technical aspects, we have explained to them that within a week without cash flow, as provided by the order, the company will be declared bankrupt, because he SRI is going to send all the goods to an account that is not the company’s account, so they won’t be able to pay the salaries or fertilizers.

Press: The farm will nor produce?

Sylka Sánchez: That we don’t know yet, all the lawyers are there right now, and I have to go back, I only came  for this press conference.

Press: Dr. Sanchez, will there be any support measures from the other farms, like protests or something like that?

Sylka Sánchez: No, we are analyzing all the documents as we have been discussing with all the shareholders; the employees of Noboa Coroporation are the ones who are very worried, because these measures are arbitrary and unfair and only damage the large amount of jobs that Noboa Corporation provides.

Press: When is Lawyer Alvaro Noboa going to talk about the matter?

Sylka Sánchez: As you know he is out of the country, we, the lawyers, are analyzing all the documents, we are going through the legal aspect ad the legal strategy, were are delivering the information to the people.

Press: Mister Carrasco said this morning, also, that if Bananera Noboa wants to recuperate their goods they have to go to the SRI and pay the 102 million dollars. Is that an option?

Sylka Sánchez: We are in litigation, we have been very clear, even I published a press release, is not that we don’t want to pay the taxes, we want to pay the fair taxes, before a fair judge, once a technical assessment is carried out that tells us that they pretend that Bananera Noboa, who paid the same official price and exported to the same markets as Dole in the year of 2005, to pay 101 million dollars, now 102 million dollars, when Dole only paid 700 thousand dollars.

Prensa: How much does the company can pay?

Sylka Sánchez:  The amount would be 700 thousand dollars tops, because Bananera Noboa exported in 2005 less fruit than Dole, and they payed 700 thousand dollars when they exported more fruit to the same markets, but that has to be settled in Court no by force, taking possession of the farms that belong to Bananera Noboa.

Press: How much the company exported?

Sylka Sánchez: I don’t have that information at the moment.

Press: The cash flow of the company is affected if they cannot export the proper amount of boxes?

Press: The exporting company will go broke, the farm will go into bankruptcy?

Sylka Sánchez: The farm, the exporting company will not go into bankruptcy.

Press: But the farm produces the bananas for the company

Sylka Sánchez: But the company, at this moment, is not exporting, just the farm will be affected.

Press: In 2205, how much did the Noboa Group payed for income tax?

Sylka Sánchez: I understand that it was like 250 thousand, I don’t know exactly

Press: What you are saying is to ratify that the taxes have been payed?

Sylka Sanchez: No, is to sit down so the SRI can demonstrate in a technical way what transfer price mechanism was used in our gloss, so we can reach an agreement, and we can pay a fair tax. It is not possible that they are charging Bananera Noboa, who is not the largest exporting company in the country, one hundred times more than what they charged Dole, who exported more fruit than Bananera Noboa in 2005.

Press:  Do you have an estimate of all the goods that were seized by the SRI the first time?

 Sylka Sánchez: No, we don’t have one, we are conducting our own appraisals and there are many goods that have already been valued but the planes and the cars don’t, because we don’t have them.

Prensa: But all those goods exceed the 102 million dollars?

Sylka Sánchez: The land, only, exceeds the 102 million dollars, La Clementina worths several millions, but if is declared bankrupt it won’t worth the same.

Press: Dr. Sanchez, please repeat the kilometers that the land in Playas encompass. You said there were 14 million of kilometers, we are talking about Ecuador. How many kilometers are?

Sylka Sánchez: Sorry, I made a mistake, 14 thousand kilometers.

Prensa: What did the employees of La Clementina do, was there violence or protests?d

Sylka Sánchez: The employees are worried for this situation, were are discussing with the lawyers the recision of several documents issued by the SRI that we have brought from Babahoyo. We are going to check them here, but we think they will recover their sanity and they won’t send the cash flow of the company to the SRI

Press: The employees are still inside the property, or the activities have been suspended and also the entrance of the personnel?

Sylka Sánchez: They have a Union for many years, since the time of Luis Noboa Naranjo, in La Clementina, and they are there, because many of them live there. They are waiting, today they didn’t work.

Press: Do you think that the SRI will guarantee the stability of the workers as said by economist Carlos Marx?

Sylka Sánchez: If they are withdrawing the funds of the company they cannot guarantee it, because the company will not be able to pay the salaries. They sell bananas and if they sell them and the money does not return to the farm they won’t be able to fumigate and they will not receive their salaries.

Press: La Clementina only produces or have infrastructure, like equipment, machinery? What else is inside the farm?

Sylka Sánchez: It has infrastructure, a packaging system.

Prensa: How many farms are?

Sylka Sánchez: I don’t have the list of farms right now.

Press: How many hectares does La Clementina have?

Sylka Sánchez: I don’t have that information

Thank you

2) Exporter Bananera Noboa, has denounced publicly, the exercise of legal proceedings of effective legal protection and legitimate exercise of our right to defend ourselves, and also the successive arbitrariness of the tax administration.

3) The action taken today, is null and void, illegal and illegitimate, because, in the Fourth Chamber of the District Tax Court, there is an exception lawsuit, raised by Exporter Bananera Noboa, which suspends the execution of the coercive process, as required by the law in the article 214 of the Tax Code; lawsuit that remains pending resolution.

4) We reserve the right to exercise legal international actions against the officials that are acting against the law.

This action will only generate a social problem to the employees, and also to the national and international consumers; because, despite not having embargoed the company, it has been ordered the withholding of the credits, which could have employment implications.

5) We ratify our request for the intervention of the President, Economist Rafael Correa, as a mediator, to be able to demonstrate technically the illegality of the gloss, so we can close this regrettable episode of abuse against the Exporter Bananera Noboa.

Some might think that there is a veiled intention to lower the real value of the hacienda, so it cannot cover the total amount of the illegitimate gloss, because, while it is true that the company embargo is not ordered and textually it has been said that the rights of the workers won’t be affected, in the same resolution it is ordered the WITHHOLDING of the CREDITS.

Operationally, is through the collection of our debtors that we operate and pay the employees, our suppliers, inputs, etc. In other words, if the withholding remains, the cash flow of the business would be affected and in a matter of weeks, the hacienda “La Clementina” will go broke, with the consequent reduction of its market value.

Dr. Sylka Sánchez C.

Seizure and sale of property is a disguised confiscation

Through a public letter addressed to Ecuadorians and foreigners, the Attorney of Exportadora Bananera Noboa S.A., Dr. Sylka Sanchez, published this thursday April 25 of 2013, in El Universo and El Comercio newspapers, with a copy to the embassies and chambers of commerce,  Exportadora Bananera Noboa denounces that the seizure and eventual sale of property is a disguised confiscation which is prohibited by the Constitution.

In this document, the company explains, that is of public knowledge the dispute that is being processed before authorities and judges, between Exportadora Bananaera Noboa and the Internal Revenue Service (SRI), with its officials and judges afraid of the retaliations of the political power since some magistrates have been removed and imprisoned for not submitting to the pretensions of the SRI, what shows that the justice depends on the Government.

The letter also makes reference to  the alleged tax debt as illegal and forged clandestinely, reason why they have not been allowed to take the argument to judicial authorities violating the guarantees of due process, but reiterates that they will continue to litigate in an absolute state of powerlessness, here in Ecuador, where is a previous condition before going to supranational courts in search of impartiality and justice. It clarifies that once the dispute is over they will pay the amount ordered by an impartial judge.

The letter signed by Dr. Sanchez, insists that the Director of the SRI, Carlos Marx Carrasco, has not been able to explain why, in year fiscal year of 2005, the SRI, pretends to collect from Bananera Noboa the sum of $ 49,2 million, while Dole, that in the same year exported more fruit than Bananera Noboa, only paid $ 700.000 for tax income; Chiquita $ 39.500; Reybampac $ 14.219; and Del Monte $ 11.748. This is discriminatory and proves the political persecution, and is a bad reference to the investors. There is no legal certainty in this country, says the letter.

And adds that “all the abuse within the tax area against businessman Alvaro Noboa are being witnessed by local and foreign investors; if this happens to the largest business group in the country, they could suffer the same fate”.

Indicates that there is a perverse political persecution going on which has damaged the image and the honor of businessman Alvaro Noboa, who is the number one taxpayer at a personal level, with this false debt, it has been carried out a campaign damaging the reputation of a moral citizen and businessman, of whom, the Director of the SRI, said left the country illegally when he left under a legitimate and constitutional  judgement as the habeas corpus.

Part of the persecution plot is the last statement from Economist Carlos Marx Carrasco, based in an information provided by an alleged Attache of the Investigation Office of the National Security Department of the United States Government, stating that Lawyer Noboa had left the country on March 15, which is false, as recognized publicly by the Minister of Interior, Jose Serrano, who admitted the mistake before the media.

It concludes pointing out that ” we will continue to litigate nationally and internationally until we can prove this reality” and that they hope, as an Ecuadorian company, that President Correa will open to a dialogue, or failing this, to a civilized debate, for the truth to be revealed, according to the principles, values and rules that shape the law, which, in Ecuador, live, independent of the passage of a justice administration that has been guillotined within its independence and impartiality.

PUBLIC LETTER TO ECUADORIANS AND FOREIGNERS

It is known the dispute which is being processed before authorities
and judges between Bananera Exportadora Noboa S.A. and the
Internal Revenue Service SRI, in other words, before officials
of this organism and judges with a high level of fear toward the
retaliations resulted from the political power which has already
removed, imprisoned and sentenced honorable judges who
didn’t want to submit their independence to the SRI pretensions,
armed with constitutional motivated reasons, only. The alleged
tax debt is illegal and has been forged clandestinely, that is why
the political power has never allowed to be questioned before
any judicial authority, impartial or biased; the collection procedure
is manifestly unconstitutional, illegal and arbitrary, however, we
continue to litigate, in an absolute state of powerlessness, here in
Ecuador, because it is the condition to be met before going to the
supranational courts in search of impartiality and justice, to which
we will go necessarily and once the dispute is over we will pay the
amount determined by an impartial judge.

The current law establishes that the exceptions presented by the
company under duress, paralyze, with full legal rights, the execution
procedure as, literally, withheld in article 214 of the tax code,
however, acting in an absurd and pathetic way, the SRI, under
a reform of the article 968 of the civil procedure code, which is a
general and ordinary law, never predominant before an organic
and special norm (article 132 of the Constitution), has imposed it,
based on tactical strength of power, and continues to promote the
procedure suspended by the law, before the unjustified inertia of the
judicial organs required to intervene.

For that reason, we make public, that all the distraint obtained by
the tax agency and the eventual sale in the future is a disguised
confiscation prohibited by the Constitution, acts vitiated by radical
nullity, what makes recognizable the infringement of civil liberties,
which are recognized nationally and internationally by the approved
legal conventions, which we will honor if necessary with the
improvements envisaged to satisfy the Ecuadorian State, but paid
by the authors of the legal abuse.

Against those “so-called” seizures there are pending and in
process: a nullity action with full legal rights before an administrative
authority, a non-admission complaint at the district tax court, an
exception lawsuit before the same organism and an ordinary lawsuit
for the nullity of the coercive action, so if the sale stage is reached,
also in an open abuse of power, the authors of these abuses will
have to respond, as the persons that supported them by action
or omission, in the country, the day after this government and
internationally, sooner rather than later.

What has not been explained yet by Economist Carlos Marx
Carrasco, is why the Internal Revenue Service (SRI) pretends to
collect from Exportadora Bananera Noboa S.A. (EBNSA), for the
fiscal year of 2005, the sum of $49’206.895,28; while Dole, a foreign
company and the largest banana exporter in the world and exported
in the year of 2005 more fruit than Bananera Noboa, information
registered in the Ministry of Agriculture, only payed for income
tax the amount of $700.136,37; Chiquita $ 39.500,02, Reybanpac
$14.219,11 and Del Monte $ 11.748,13. And they pretend to collect
form Bananera Noboa $ 49’206.895,28. This is discriminatory and
proves a political persecution.

This is a bad sign for local and foreign investors who want to
invest in Ecuador, since is known that in Ecuador there is no legal
certainty. Currently, Ecuador has based its economy is the high
prices of oil, but the people working in the oil business are very few.
it is required to develop, in a large scale, commerce, agriculture,
industry, mining, fishing, tourism, and private businesses in
general so there is employment foe everyone, well payed jobs;
this areas are decreasing instead of growing, because the lack
of legal certainty causes that the investor loses over any claim.
In conclusion, why intervene, if the state is going to take most
of your profits and more. All these abuses in the tax area, against
businessman Alvaro Noboa, are being observed by local and
foreign investors, they see that this can be done against the largest
business group in the country, so they can undergo a worse fate.

Since 2006, the SRI has carried out a perverse political persecution,
damaging the image and the honor of businessman Alvaro Noboa,
who has payed all his personal taxes, with this false debt which will
be proved in court, they have conducted a campaign to damage the
reputation of a moral citizen and businessman. We are the largest
business group and private employer of the country.

This forged falsity, and exposed before the country by the Director
of the SRI, about the normal, regular and peaceful departure of
Alvaro Noboa , under the legitimate and constitutional judgement
of habeas corpus, reveals his desire to slander him, as he has done
definitely, always under the protection of the power itself, that has
managed to intimidate, temporarily, the justice administrators. To
pretend, to convince the country, that the habeas corpus does not
guarantee the freedom of movement of people, is the same that
affirming the squaring of the circle, but the absence of academic
ethics and the presence of attorneys who subscribe to that view
is what embarrasses our country before the civilized world. And
afterwards, they regret the reaction of the defenders of human rights
for the attacks against them by a tribal legal anti-culture, which
shamelessly, has a voice in this country!

Part of the persecution is the last statemet from Economist
Carlos Marx Carrasco, based in an information provided by an
alleged Attache of the Investigation Office of the National Security
Department of the United States Government, stating that Lawyer
Noboa had left the country on March 15.

Lawyer Alvaro Noboa left the country legally after March 20. date
in which a constitutional judge grated him an habeas corpus
that lifted the prohibition to leave the country issued illegally and
unconstitutionally against him. The mentioned judgement of March
20 remains in force since no Ecuadorian judge has revoked it, and
as provided in the Constitution, only a judge of the judicial function,
not an administrative employee of the SRI, can forbid the departure
of a person. Lawyer Noboa left the country after March 20 as
registered in his passport with entrances to another countries.

We are powerlessness because it was never possible to address
the issue; the debt they pretend to collect does not exist, since no
competidor, larger or similar to Bananera, has being charged in the
same way. We were never allowed to litigate and using their power
in court they have filed the challenging claim without addressing the
issues above mentioned. We will continue to litigate nationally and
internationally until we can prove the reality.

Only then the Ecuadorians and foreigners will invest in the country
when they see that there is justice in Ecuador. The unemployment
will end and the nation will have an economic boom.

We expect, as an Ecuadorian company, as patriots, an opening
from the Ecuadorian President, to a dialogue, or, failing this, to a
civilized debate with any authority of the SRI, with all the consultants
and before any impartial audience, about this case, for the truth to
be exposed according to the principles, the values and the rules
which shape the law, that, in Ecuador, live, independent from the
passage of a justice administration which has been guillotined in its
independence and impartiality.

Dr. Sylka Sanchez
Attorney at Law
Exportadora Bananera Noboa S.A.

c.c Embassies

Chambers of Commerce around the world

That information does not match any real fact, since Lawyer Noboa left the country legally, after a Constitutional Judge granted him an habeas corpus which lifted the prohibition to leave the country, and that judgement, of March 20, remains in force, since no Ecuadorian Judge has revoked it; and, as provided in the Constitution, only a Judge of the Judicial function, not an administrative employee, can forbid a person to leave the country, says the letter.

Dr. Sanchez requests him to submit the official document issued by the SRI, with its respective annexes and proof of submission of the Ministry of Interior, in which it is communicated that Alvaro Noboa, allegedly left the country on March 15 of 2013; and, with which he could prove that the businessman entered the United States in that date.

It also explains the contents of the official document issued by the SRI and sent to the Ministry of Interior according to the “official information” provided by an alleged Attache of the Investigation Office of the National Security Department of the United States Government, as declared by Carrasco in Gamatv TV Station, on Wednesday April 17 of 2013 at 13h27, an also trough other mass communication media.

In the letter, the information is qualified as unusual, as it does not match any real fact. It reiterates that Lawyer Noboa left the country legally on March 20, and that she reserves the right to take the corresponding legal actions for moral damage and damage to the image, reputation and good name of Alvaro Noboa Ponton.

It also insists in the request to economist Cararsco to answer the Ecuadorian people about the pretension of the SRI to collect from Bananera Noboa, for the fiscal year of 2005, the sum of $49’206.895,28; while Dole, foreign company and the largest banana exporter in the world, that exported more fruit than Bananera Noboa, information registered in the Ministry of Agriculture, only payed  $700.136,37 for tax income in the same year; Chiquita $39.500,02; Reybanpac  $14.219,11; and, Del Monte $11.748,13.

Additionally, it is attached, a copy of the book “Alvaro Noboa, the political persecution and his Constitutional Resistance” from the legal author Jorge Zavala Egas, which contains a technical-legal analysis of “the eventful administrative procedures and legal processes derived from the tax resolution of the fiscal year of 2005 for the tax income imputed to Exportadora Bananera Noboa”.

Download Sylka Sanchez’s Letter to the IRS – Internal Revenue Service.

The letter clears up that, under the statements made by economist Carrasco, in which he affirms to have “official” information provided by an alleged Attache of the Investigation Office of the National Security Department of the United States Government, with which he could prove that Alvaro Noboa had entered that country on Friday, March 15, it requests to be certified, in an official way, that Alvaro Noboa did not enter the United States on that date.

The document has an attached CD that contains the statements issued by the Director of the SRI, which were broadcasted by the news program of Gamatv on April 17 of 2013, at 13.27 and reiterates that the businessman left the country legally, after a Constitutional Judge granted him an habeas corpus that lifted the prohibition to leave the country that was issued against him in an illegal and unconstitutional way.

The judgement remains in force since no Ecuadorian Judge has revoked it, and as provided by the Constitution, only a Judge form the Judicial function, not an administrative employee of the SRI, can forbid a person to leave the country, the letter from Sylka Sanchez adds.

Download the Letter from Sylka Sanchez to the U.S. Consulate

Press Conference
Attorney Sylka Sanchez

Good afternoon, before the contradictory statements of the Economist Carlos Marx Carrasco, Director of the SRI, I want to clear up the following:

Economist Carlos Marx Carrasco, first said that Sawyer Alvaro Noboa Ponton hadn’t left the country, and he asked for the reports of the Ministry of Interior, stating that there were no documents that proved that Lawyer Noboa had left the country.

Afterwards, he is saying that Lawyer Noboa indeed left the country on March 15, five days before the Constitutional Judge granted him the habeas corpus, we really don’t understand what the Economist Carlos Marx Carrasco is aiming for, who is also showing a letter delivered allegedly by an Attache from the Investigation Office of the National Security Department of the United States Government. We have sent a letter to the American Embassy and the Consul, in which, we want to clear up this situation, we are attaching the video with the statements of Economist Carlos Marx Carrasco in which he mentions that the Attache of National Security delivered him this information.

Lawyer Noboa, on Saturday, was in a social event; on Monday he was in Industrial Molinera; on Tuesday he went to work in his office and did so on Wednesday. Until, as I told you before, I called Lawyer Noboa to tell him that the Immigration Office had approved the order form the Judge.

At least, you now recognize the existence of the habeas corpus; I want to clear up today that no Judge has revoked the habeas corpus, Lawyer Noboa has the right to leave and enter the country when he sees fit, there is no Judge that has revoked the habeas corpus. There is an official document from a tax collector of the SRI, which has no value, since the Constitution is very clear and provides that only a Constitutional Jude can prohibit the departure of an Ecuadorian.

I have here, the official document form the Immigration Office, approved on March 20, which I delivered in the last press conference, and that proves that it was approved because the judgement was abided by the Immigration Chief of Guayaquil. Economist Carlos Marx Carrasco is now in a contradiction, if Lawyer Noboa left or did not leave the country; he has sent a letter from an alleged Attache from we don’t know what department of the United States, a false document because Lawyer Noboa did not enter the United States on March 15.

We want for you to clarify, why you had not answered Ecuador, about your pretension to collect, only, from Bananera Noboa, for the fiscal year of 2005, almost $ 101 million, when the SRI only collected from Dole the sum of $ 700.000 for that same year. I have repeated, a thousand times, that the banana business is regulated in Ecuador, there is an official price for the bananas, there is a list in the Ministry of Agriculture in which are listed the producers to whom the product has been sold. You have never answered, and now we urge the Economist to explain Ecuador why he pretends to collect from Bananera Noboa $ 101 million, I spoke with him in Court when he went illegally to Court during a hearing of Bananera Noboa; he couldn’t answer my question, so, silence lends assent. It is evident that is a coarse and false accusation against Lawyer Alvaro Noboa, a disrepute from this Government trough Economist Carlos Marx Carrasco, pretending to harm the honor of Lawyer Noboa, who is a businessman that has given jobs to thousands of Ecuadorians in the country, who deserves respect. There is no problem here; is not a matter of corruption, is a matter of tax collection; that is the subject we are discussing, not if Noboa left or did not leave the country; anyways, he left the country, I repeat, with the habeas corpus granted by the Constitutional Judge, and not in March 15. Now he is saying that he used LAN as air transportation, after he said that there were no records of his departure, suggesting he left illegally; now he says he traveled by LAN.

When he presents these documents, I repeat, we will deliver this video attached to a letter to the American Embassy for them to explain us who is this person, this Attache from the office of investigation, who has no business in this matter since Lawyer Noboa is not accused of corruption. Until now, he has been persecuted for an illegal tax debt, that pretends to collect $ 101 million, when from Dole, who sold more bananas than Bananera Noboa in 2005, only collected $ 700.000.
Press: and, despite, all this contradictions that are mentioned, Lawyer Noboa doesn’t plan to return to the country because of the lack of guarantees

Sylka Sanchez: well, Lawyer Noboa nas no restriction to return to the country, and he can come back any time he considers necessary, we, as his lawyers, have told him that there are no guarantees. But, as you know, las time, he returned to the country, there are risks that have to be taken. He has to work here because he is an important businessman, surely yo will see him back soon.

Press: When would he return?

Sylka Sanchez: we don’t know exactly; we, as his lawyers, have advised him not to return. We advised him last time, but he decided to come back. For now he has no restrictions and the habeas corpus has not been revoked by any Judge. There is an official document from a tax collector that has no competence.

Press: Because of the official form the SRI, are you worried that Lawyer Noboa is considered a fugitive form justice?

Sylka Sanchez: Lawyer Noboa has no detention order against him, were are discussing a subject of tax collection that is in dispute; and I ask again why the SRI pretends to collect from Bananera Noboa $ 101 million for the fiscal year of 2005, and from Dole, foreign company that exported more than us, Economist Carlos Marx Cararsco only collects $ 700.000 for the same year. This is illegal; there is an exception trial here in the Tax Court of Guayaquil; the SRI flies in the face of it, it continues to perform the assessments to conduct an auction. I remind Economist Carlos Marx Carrasco and to all the members of the SRI, that there is a right of contribution and we will continue to litigate and if they pretend to break the law they will have to go to national and international courts and respond, in due time, if they continue to break the law.

Press: there is a way to prove that between the 15 and 19 of March, Lawyer Noboa was in the country?

Sylka Sanchez: Lawyer Noboa went to a marriage with 300 guests, and he was a witness. He went to work in Industrial Molinera, there are proofs of that. But I am not here to presents proofs for that, is not my competence. I am her to ask Economist Carlos Marx Carrasco to show the press and deliver to us the alleged letter from the Attache of the investigation office of the National Security department of the United States Government, in which is stated that Lawyer Noboa entered the United States on March 15, five days before the lifting of the prohibition to leave the country. Besides, we are sending letter to the American Embassy for them to explain us about this matter; because Lawyer Noboa was in the country at that time, working, as usual, in his office located in Industrial Molinera.

Press: Is not enough that the Immigration Office confirms the date of departure?

Sylka Sanchez: No, this is not a confirmation of the Immigration Office

Press: But, to speed up the investigations?

Sylka Sanchez: Form which Immigration Office? Carlos Marx said, in his contradictory statements, that Lawyer Noboa hadn’t left the country, now he is saying that he did so by LAN on March 15. This is so contradictory, we really don’t know what he pretends. Maybe he is confused, we would like to think that he has been given false information. We have the right of reply, and we must assert our right and that’s why we are going straight to the Embassy so they can tell us if this person exists. You can go and ask LAN, or Economist Carlos Marx Carrasco, we are going to request those documents to the American Embassy.

Press: Perfect, and with respect to the suspension of the Judge?

Sylka Sanchez: Is a shame that here in Ecuador, a Judge who does not abide Government orders is suspended. This cannot happen anymore in this country. These Judges, who are having these problems, are calling upon international institutions to defend their rights. The same happened in Venezuela; they put the Judges in jail, the ones who didn’t obey Chavez; they imprisoned all the public officials who didn’t do what the Government wanted, but there is no evil that hast a hundred years as there is no body that resists it.

Thank you

Declaración. El empresario Álvaro Noboa se comunicó con los periodistas usando la red Skype. (Fuente: El Comercio)

The businessman and former presidential candidate, Alvaro Noboa, spoke with the Ecuadorian press from Miami, United States, according to a note posted by Expreso newspaper.

The wews says that Noboa started his Skype press conference showing a notarized document in Guayaquil that was the judgment issued by judge Yvonne Hernández, who lifted the ban on leaving the country that was issued against him, and documents with the seal of the migration service, that support his departure from the country as legal.

The businessman took the opportunity to ask for legal certainty, because he said his is the only process that is vented publicly, although he ruled out meeting with United States authorities to discuss his problem with the internal revenue service (SRI, for its Spanish acronym), entity that tried to charge him around $ 100 million for a so-called glosa in exports of Bananera Noboa. This legal uncertainty is going to be the cause for the lack of foreign investment in Ecuador, he said.

“The SRI has prevented us to litigate in Ecuador. When will we pay? When a judge orders us we will pay, not a public employee, because the highest authority is the judge and it is our right to turn to a judge when we disagree with a tax issue; the same law that all Ecuadorians have”, he said. He also stated that he will continue to pay his taxes, as he does every year.

According to the note from Diario Expreso, he ruled out his exit from the country obeys to a kind of self-imposed exile, as asked by a journalist, referring to the attitude of his father, Luis Noboa, who settled in New York to avoid the pressures of the military Junta that ruled the country in 1972.

Finally, before saying goodbye, he said that with the displayed documents he will return to Ecuador and will travel as often as he wants and asked journalists to transmit his greeting from abroad fto all Ecuadorians. I love you all”, he concluded.

El Expreso: Noboa speaks from Miami and calls for legal certainty.

Letter from Dr. Sylka Sanchez, Judicial Prosecutor Alvaro Noboa, to the Economist Juan Miguel Aviles Murillo, Special Collector SRI Southern Coast.

Download Letter from Dr. Sylka Sanchez.

“I do this in light of so many rumors in the press about my departure from the country, and about the legal case between Bananera Noboa and the Internal Revenue Service (SRI),” he indicated.

He repeated that no one is above the law, and that Judge Hernández’s decision could not be revoked by any Minister, Director or public functionary.

He stated that he is travelling for business to different countries throughout the world, given that due to his participation in the Presidential campaign, he had issues pending, and that he did not have a date for his return to Ecuador, for now, until he had caught up on his business dealings.

Regard the “supposed audit” of Bananera Noboa, he repeated that an unfair demand is being made against the company given that the exporter Dole, which exported more bananas was being charged $700,000 for the same period that Bananera Noboa was being charged $99 million dollars.

“Bananera Noboa will pay when a judge orders it to, and for that it will follow all the national and international legal procedures, not because some public functionaries chooses so,” he affirmed.

Álvaro Noboa requested judicial guarantees and indicated that if he continued to be persecuted, like the judges who were aware of his judicial proceedings, or that made pronouncements in his cases,  that no one would come to the country to do business or to invest.

“ Ecuador, I love you, and I will fight in the interest of Ecuadorians, and as the biggest employer in the country, I will see to it that no one loses their job,” he stated. “For that reason, I have been a candidate for President five times. Because of my clean sheet.  Until my death, I will continue fighting for better days and to end poverty in Ecuador,” he said.

PRESS CONFERENCE FROM ATTORNEY ALVARO NOBOA PONTON VIA SKYPE

With God, Ecuadorians. Given the comments which have been arisen in the press, I decided to show the Country all the acts related to my departure from the country and to the case followed by the SRI against me, and from our part against them.

I show you the supporting documentation with which I left the country, notarized copy of the judgement that granted me the habeas corpus, constitutional protection that lifts the prohibition to leave the country. I also show you, the stamp from the inmigration police. As this is a public document, Attorney Sylka Sanchez can distribute it to the press, and through them, to all Ecuadorians.

Nobody, not me, nor any authority is above the law, and a judgement has to be obeyed by all the authorities, and that is why, the inmigration police approved the document and stamped it.

No Minister, public official, law enforcement officer, can contradict a judgement, and today, Monday, that judgement is still in force. At the moment, with this supporting documentation, I left the country, I will be traveling to different world destinations, incluiding the United States, to what I am entitled because I am on business, I am visiting clients, like I have done my entire life, businessmen from all over the world, but this time, also visiting International lawyers, to make clear that when the time comes we will have a judgement in Ecuadorian Courts, as I have asked the SRI, and International Courts, since the SRI has prevented us from litigating in Ecuador.

When are we going to pay? When a judge orders us to pay, not a public official, because the highest authority is the judge and is our right to go before a judge when we have a tax disagreement, all Ecuadorians have the same right, that is why the Tax Courts exist. I will continue to pay my taxes, as I do every year, the companies you are working for will continue to be the major contributors in the country. I am a man who only fears God and an observant of the law, but Bananera Noboa was right when taking this case to the National Court and afterwards to an International Court, while Dole company, an american Corporation working in Ecuador, bigger than Bananera Noboa, is charged with seven hundred thousand dollars and Bananera Noboa is charged with some ninety nine million dollars. While these inequialities continue to exist we will continue to go before the Courts, it is our right, and I ask Ecuador for legal certainty, which is also required by businessmen and all ecuadorians, because there are a lot of people in Ecuador who disagree with the amounts charged by the SRI that also go before the Tax Courts, there are farmers, traders, industrial people, why they have made my case public, – because I am Alvaro Noboa -, I have not seen the other hundred of cases be made public, neither that the Director of the SRI is involved in those other cases, or the Ministers, the Inmigration authorities, everybody, – is because I am Alvaro Noboa -, but Alvaro Noboa is like anybody else and our country belongs to all of us, and with this supporting documentation I will return to Ecuador and will leave again when I want. If Ecuador wants its people to work in peace, and the foreign investors to come work here in peace, we must have legal certainty, because our country belongs to all of us and nobody is above the law.

Ecuador, I love you and I will always look after the interests of all ecuadorians, and as the largest employer of the country, I feel responsible of the Jobs I provide, for nobody to lose them and to be protected by the law.

Ecuador, I love you, and that is why I have been a candidate for the presidency five times, for my clean record, I won the elections of 98 and the first round of 2006; for my clean record I had reciprocity and respect from the Ecuadorian citizens. I will continue to work for a better country, till the day a die. In Ecuador and abroad I will work for my country until poverty is no longer  a part of us. Thank You very much.

Attorney Alvaro Noboa left the country in a legal manner, yesterday, with his passport stamped by Migrations and under the auspices of a ruling by Judge Ivonne Hernández, from the Special Judicial Unit No. 4 for the Family, Women, Child and Adolescent of Guayaquil, that lifted the order of detention.

So it was confirmed this morning in a press conference by  Dr. Sylka Sánchez, lawyer for the Noboa companies, who recalled that Judge Hernández allowed the action of habeas corpus presented by Álvaro Noboa, and stipulated via the role as Provincial head of Migration that the physical and electronic record of the prohibition to leave the country against the aforementioned businessman be expunged.

The detention order was issued last September 23 by the Internal Revenue Service (IRS)  for a presumed tax debt from 2005, which was described by Noboa as political persecution against him, given that the mentioned organization is attempting to demand close to $99 million dollars for that year from Exportadora Bananera Noboa with sales less than that of Dole, a multi-national company that paid $700,000 in that same year.

Dr. Sánchez stated that she personally took the sentence to Migrations and in that office, before the IRS lawyers, the Migration authorities wrote out and emitted the lifting of the prohibition. “I immediately called attorney Noboa and I told him that he could leave the country in a legal manner,” she affirmed.

Sylka Sánchez insisted that the debt that the IRS is attempting to impose against Bananera Noboa does not exist and that it will be fought in the Court of Justice, via a exception decision, for which the IRS can not carry out an auction of embargoed goods, whose value is above the amount of $100 million dollars that they are trying to collect illegally.

She stated that in the last few days IRS director, Carlos Marx Carrasco, publicly recognized that the embargoed goods were greater than the value of the amount of the debt, and although according to Bananera Noboa the debt is illegal, upon the existence of the support of the embargos, a prohibition against Álvaro Noboa’s leaving the country was unjustified.

Nevertheless, the IRS emitted a new order for detention, dated March 19, which has no legal value because of the existence of the sentencing by Judge Hernández on March 20, and no other legal action can be above the sentencing.

Sylka Sánchez stated that all this indicates that there is political persecution against Álvaro Noboa, and she denounced the intervention of the Government in the judicial function, given that, once more, the IRS has intervened, soliciting sanctions against Judge Hernández for breach of public duty, just as they brought against Judge Augusto Posligua, who paid with a sentence of 8 months in prison for having given Noboa Constitutional protection.

She emphasized that despite the prohibition against leaving the country, raised when Álvaro Noboa was abroad, he returned, participated in the electoral campaign, and yesterday, after the sentencing by Judge Hernández that revoked the detention order, he left the country in a legal manner, with his passport stamped by Ecuadorian Migrations.

Finally, Sylka Sánchez stated that she did not know the reasons for which Álvaro Noboa had left the country, and assured listeners that he was abroad, and that he would soon give details in a press conference.