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changed the law to export gas

Maneuvers. 28634 amended the law on income tax. Experts say the amendment of a law with its own name, without technical support. They call for repeal because it generates losses to the treasury.

The Camisea gas exports by Peru LNG was achieved at all costs because they made various legal maneuvers, including the amendment of Law 28634 of income tax, say various experts consulted by The Republic.

To Aurelio Ochoa, an expert on oil, Law 28,634 has its own name, which was promulgated on December 2, 2005 with the sole purpose of which carry gas from Peru to Mexico .

And that, says the expert, this rule is intended to benefit a single company, as the text explicitly states that it is for goods intended for export whose contracts are older than 15 years and prices also make reference to the Henry Hub.

"Who is the only company that exports to the Henry Hub and has a contract over 15 years? The only company that has it is Peru LNG, "said Ochoa.

The expert said that this law allows Peru LNG to get around the National Superintendency of Tax Administration (Sunat), since that entity is not allowed to check the price of gas exports .

"When any company exports, the Sunat can check the price at which the product was sold, but in this case has been Sunat unable to do such monitoring. Simply Sunat have to submit to the finding of Peru LNG gas export, "he says.

In this regard, Carlos Herrera Descalzi, former Minister of Energy and Mines, said that changing this law has never had a technical background document.

"This law has been made for Peru LNG finger. Was changed without ever be justified. The Ministry of Energy and Mines never showed that the export of gas out of concern for Peru, only take it as a dogma by the country believe that the export of gas was fundamental and based on that changed the whole structure designed for energy security in Peru, "he said.

is included in the agreement

Once the amendments to the law, thereby benefiting the Peru LNG, in 2006 lists the legal maneuvering, took After signing the investment agreement for the installation, operation and maintenance of the plant processing natural gas from the Peruvian government and the company.

Y is the fifth clause of paragraph 5.10, referring to taxes, which referred to the Law 28 634 (see graphic).

This change came when Prime Minister Pedro Pablo Kuczynski was and is part of the plot "lobbyist" to export the gifts God gave us the Shell.

It should be noted that the Act explicitly states: "Supreme Decree will determine the market value of those transfers of goods in the country under contracts with a term of validity is more than 15 years provided that the property subject to transaction is intended for further export by the purchaser ...".

reaction

"law is a proper name because the only contract that mentions the Henry Hub is the gas export contract."

Aurelio Ochoa

Expert in hydrocarbons.

generate high losses to the treasury

Aurelio Ochoa, an expert on oil, found it necessary to repeal the Law 28634, since otherwise it would imply that the Peruvian government fails to collect hundreds of millions of dollars.

"With this law, the company may be selling the gas at the price you want and get around to declaring Sunat fictitious. In doing so, would the Treasury's loss of hundreds of millions of dollars, because Peru LNG will never declare the truth. Not be clear which Peru LNG revenues should account for the Sunat "he said.

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Rivero is home to Decree 1097 and asked to file the case of Barrios Altos

IMPUNITY. He was Director of Intelligence when it formed the Colina Group. Request of the former military leader will be resolved on Monday 6 and could open the prisons to the Hill. Everything is in the hands of justice.

Calle Cesar Romero.

The former head of the Directorate of Military Intelligence (DINTE) general (r) Juan Rivero Lazo asked the 1 st Special Criminal Anti dismissal (file) his trial for the killing of Barrios Altos.

With this order, filed Friday before closing the attention of the judicial office, becomes the first trial for human rights violation to abide to the legislative decree (DL) 1097.

Rivero The application will be evaluated and probably settled in the next hearing of the trial follows the Colina group in the Callao Naval Base, Monday, 6 September.

is envisaged that this hearing is to terminate the trial and the sentencing schedule. It is unknown what the temperament of the judges of the Criminal Division Special Villa Agnes, Agnes Hilda Taylor and Stone, DL compared to 1097.

Rivero The situation has been upheld several times by the defense minister and promoter of DL 1097, Rafael Rey, as an officer unjustly prosecuted for violation of human rights.

According the indictment, at the time headed the DINTE Rivero created the Colina. Rivero has acknowledged having signed various trades pass intelligence personnel available to the heads of Colina.

Rivero is freely in the Barrios Altos case, but has arrest warrants in other cases, including the massacre of La Cantuta.

will say no to 1097

Meanwhile, it emerged that the National Criminal Court, which is responsible for prosecutions for violation of human rights, declared unconstitutional and unenforceable DL 1097.

"The dismissal and prescribing are not going to happen, are unconstitutional and have said the CT and the Inter-American Court of Human Rights", said La Republica judges of this court.

They noted that the dismissal by the deadline of the investigation does not exist in the Code of Criminal Procedure, 2004 or any other standard, "is a legal monstrosity."

However, the judges themselves have agreed to grant freedom to the defendants for violation of human rights if they show roots in the country and cooperate with the investigation.

"Most prosecuted for these crimes remain at large. Former Minister Agustin Mantilla APRA, prosecuted for the crimes attributed to paramilitary Rodrigo Franco, is free, is common in such cases ", said the source.

is possible that prosecuted for this crime resort to habeas corpus, before temporary judges or alternates, in Lima and provinces to ensure the implementation of DL 1097.

Unconstitutional

For its part, the Nationalist parliamentary group reported that the DL 1097 "affects seriously equality before the law (...), because these benefits come with their own name and it benefits a particular group, despite the seriousness of the crimes perpetrated. "

In this context, Congressman Daniel Abugattás said he will file a constitutional challenge against this standard, it exceeds the jurisdiction of the powers granted to the Executive.

also indicated that a complaint before the Ethics Commission the chairman of the Judiciary Committee, Rolando Sousa, because it included the procedural issue in the powers granted which has benefited clients Nakazaki study, which was part.

Minister King said that is not to give impunity but to file the cases where there is no evidence.

Amnesty

Backspace. "The legislative decrees adopted in Peru lay the groundwork for a possible amnesty disguised," said Susan Lee, director of Amnesty International's Americas Programme (AI).

Convention. The decrees contradict the applicability of the Convention on war crimes and crimes against humanity, and the Rome Statute of the International Criminal Court, of which Peru is a state party.

What says the 1097 Decree

Change of the detention or custody for institutional care hearing, held with the police and military barracks, which repeals tacitly the current requirements for issuing warrant: sufficiency of evidence, worth more than a year and a flight risk.

Change the order of capture of fugitives, accused absent and insubordinate, for economic bail. In addition, the defendant must indicate how much you can pay a bail bond or personal.

dismissal of the case by the excess of the formal period of instruction or research school, what has happened in most cases by the obstacles to provide information. Furthermore, it has the statute of limitations.