{"id":7465,"date":"2013-04-25T12:14:44","date_gmt":"2013-04-25T17:14:44","guid":{"rendered":"http:\/\/www.alvaronoboa.com\/?p=7465"},"modified":"2013-04-25T15:37:45","modified_gmt":"2013-04-25T20:37:45","slug":"public-letter-to-ecuadorians-and-foreigners","status":"publish","type":"post","link":"https:\/\/www.alvaronoboa.com\/en\/news\/public-letter-to-ecuadorians-and-foreigners\/","title":{"rendered":"Public Letter to Ecuadorians and Foreigners"},"content":{"rendered":"

\"\"<\/a><\/p>\n

Seizure and sale of property is a disguised confiscation<\/strong><\/p>\n

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, \u00a0Exportadora Bananera Noboa denounces that the seizure and eventual sale of property is a disguised confiscation which is prohibited by the Constitution.<\/p>\n

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.<\/p>\n

The letter also makes reference to \u00a0the 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.<\/p>\n

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.<\/p>\n

And adds that \u201call 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”.<\/p>\n

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 \u00a0judgement as the habeas corpus.<\/p>\n

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.<\/p>\n

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.<\/p>\n

 <\/p>\n

PUBLIC LETTER TO ECUADORIANS AND FOREIGNERS<\/strong><\/p>\n

It is known the dispute which is being processed before authorities
\nand judges between Bananera Exportadora Noboa S.A. and the
\nInternal Revenue Service SRI, in other words, before officials
\nof this organism and judges with a high level of fear toward the
\nretaliations resulted from the political power which has already
\nremoved, imprisoned and sentenced honorable judges who
\ndidn’t want to submit their independence to the SRI pretensions,
\narmed with constitutional motivated reasons, only. The alleged
\ntax debt is illegal and has been forged clandestinely, that is why
\nthe political power has never allowed to be questioned before
\nany judicial authority, impartial or biased; the collection procedure
\nis manifestly unconstitutional, illegal and arbitrary, however, we
\ncontinue to litigate, in an absolute state of powerlessness, here in
\nEcuador, because it is the condition to be met before going to the
\nsupranational courts in search of impartiality and justice, to which
\nwe will go necessarily and once the dispute is over we will pay the
\namount determined by an impartial judge.<\/p>\n

The current law establishes that the exceptions presented by the
\ncompany under duress, paralyze, with full legal rights, the execution
\nprocedure as, literally, withheld in article 214 of the tax code,
\nhowever, acting in an absurd and pathetic way, the SRI, under
\na reform of the article 968 of the civil procedure code, which is a
\ngeneral and ordinary law, never predominant before an organic
\nand special norm (article 132 of the Constitution), has imposed it,
\nbased on tactical strength of power, and continues to promote the
\nprocedure suspended by the law, before the unjustified inertia of the
\njudicial organs required to intervene.<\/p>\n

For that reason, we make public, that all the distraint obtained by
\nthe tax agency and the eventual sale in the future is a disguised
\nconfiscation prohibited by the Constitution, acts vitiated by radical
\nnullity, what makes recognizable the infringement of civil liberties,
\nwhich are recognized nationally and internationally by the approved
\nlegal conventions, which we will honor if necessary with the
\nimprovements envisaged to satisfy the Ecuadorian State, but paid
\nby the authors of the legal abuse.<\/p>\n

Against those “so-called” seizures there are pending and in
\nprocess: a nullity action with full legal rights before an administrative
\nauthority, a non-admission complaint at the district tax court, an
\nexception lawsuit before the same organism and an ordinary lawsuit
\nfor the nullity of the coercive action, so if the sale stage is reached,
\nalso in an open abuse of power, the authors of these abuses will
\nhave to respond, as the persons that supported them by action
\nor omission, in the country, the day after this government and
\ninternationally, sooner rather than later.<\/p>\n

What has not been explained yet by Economist Carlos Marx
\nCarrasco, is why the Internal Revenue Service (SRI) pretends to
\ncollect from Exportadora Bananera Noboa S.A. (EBNSA), for the
\nfiscal year of 2005, the sum of $49’206.895,28; while Dole, a foreign
\ncompany and the largest banana exporter in the world and exported
\nin the year of 2005 more fruit than Bananera Noboa, information
\nregistered in the Ministry of Agriculture, only payed for income
\ntax the amount of $700.136,37; Chiquita $ 39.500,02, Reybanpac
\n$14.219,11 and Del Monte $ 11.748,13. And they pretend to collect
\nform Bananera Noboa $ 49’206.895,28. This is discriminatory and
\nproves a political persecution.<\/p>\n

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

Since 2006, the SRI has carried out a perverse political persecution,
\ndamaging the image and the honor of businessman Alvaro Noboa,
\nwho has payed all his personal taxes, with this false debt which will
\nbe proved in court, they have conducted a campaign to damage the
\nreputation of a moral citizen and businessman. We are the largest
\nbusiness group and private employer of the country.<\/p>\n

This forged falsity, and exposed before the country by the Director
\nof the SRI, about the normal, regular and peaceful departure of
\nAlvaro Noboa , under the legitimate and constitutional judgement
\nof habeas corpus, reveals his desire to slander him, as he has done
\ndefinitely, always under the protection of the power itself, that has
\nmanaged to intimidate, temporarily, the justice administrators. To
\npretend, to convince the country, that the habeas corpus does not
\nguarantee the freedom of movement of people, is the same that
\naffirming the squaring of the circle, but the absence of academic
\nethics and the presence of attorneys who subscribe to that view
\nis what embarrasses our country before the civilized world. And
\nafterwards, they regret the reaction of the defenders of human rights
\nfor the attacks against them by a tribal legal anti-culture, which
\nshamelessly, has a voice in this country!<\/p>\n

Part of the persecution is the last statemet from Economist
\nCarlos Marx Carrasco, based in an information provided by an
\nalleged Attache of the Investigation Office of the National Security
\nDepartment of the United States Government, stating that Lawyer
\nNoboa had left the country on March 15.<\/p>\n

Lawyer Alvaro Noboa left the country legally after March 20. date
\nin which a constitutional judge grated him an habeas corpus
\nthat lifted the prohibition to leave the country issued illegally and
\nunconstitutionally against him. The mentioned judgement of March
\n20 remains in force since no Ecuadorian judge has revoked it, and
\nas provided in the Constitution, only a judge of the judicial function,
\nnot an administrative employee of the SRI, can forbid the departure
\nof a person. Lawyer Noboa left the country after March 20 as
\nregistered in his passport with entrances to another countries.<\/p>\n

We are powerlessness because it was never possible to address
\nthe issue; the debt they pretend to collect does not exist, since no
\ncompetidor, larger or similar to Bananera, has being charged in the
\nsame way. We were never allowed to litigate and using their power
\nin court they have filed the challenging claim without addressing the
\nissues above mentioned. We will continue to litigate nationally and
\ninternationally until we can prove the reality.<\/p>\n

Only then the Ecuadorians and foreigners will invest in the country
\nwhen they see that there is justice in Ecuador. The unemployment
\nwill end and the nation will have an economic boom.<\/p>\n

We expect, as an Ecuadorian company, as patriots, an opening
\nfrom the Ecuadorian President, to a dialogue, or, failing this, to a
\ncivilized debate with any authority of the SRI, with all the consultants
\nand before any impartial audience, about this case, for the truth to
\nbe exposed according to the principles, the values and the rules
\nwhich shape the law, that, in Ecuador, live, independent from the
\npassage of a justice administration which has been guillotined in its
\nindependence and impartiality.<\/p>\n

Dr. Sylka Sanchez
\nAttorney at Law
\nExportadora Bananera Noboa S.A.<\/p>\n

c.c Embassies<\/p>\n

Chambers of Commerce around the world<\/p>\n","protected":false},"excerpt":{"rendered":"

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, \u00a0Exportadora 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 Continue Reading<\/a><\/p>\n","protected":false},"author":15,"featured_media":7462,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[55],"tags":[],"_links":{"self":[{"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/posts\/7465"}],"collection":[{"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/comments?post=7465"}],"version-history":[{"count":4,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/posts\/7465\/revisions"}],"predecessor-version":[{"id":7467,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/posts\/7465\/revisions\/7467"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/media\/7462"}],"wp:attachment":[{"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/media?parent=7465"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/categories?post=7465"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/tags?post=7465"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}