Venezuela: Government decrees compulsory acquisition of business assets National Molinos CA (MONACA)

Measure #1442 | Published 27 May 2010 | Last Updated 27/08/2010 ▲

Description

In the Official Gazette N ° 39 422 contained 12 May Decree No. 79 394 of April 25, 2010, by which the national executive decided the compulsory acquisition of movable and immovable property belonging to the enterprise MONACA. Notes the Venezuelan government takes such action in compliance with the provisions of Article 5 of the Law of expropriation for public and social in order to consolidate "... the socialist agro-processing capacity for the XXI Century Venezuela." Also points out the need to meet their targets under the policy of food security and sovereignty of the country.
MONACA is a producer and distributor of food that belongs to the group "GRUMA” of Mexico, which had been subjected to various investigations for alleged shortages and speculation in clear violation of the provisions of the “Act for the protection of persons in access to goods and services”, and at the time decreed that the compulsory acquisition, whether it was tampered with, but operating normally. According to unofficial reports, MONACA would be the second food provider in the Venezuelan market after the group of companies POLAR.

Any Evidence-Based Deliberation:

Question Result
Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations?
Is there any evidence that alternatives to the proposed measure were considered?
Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government?
Was such evidence identified?
Is such evidence publicly available?
Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives?
Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken?
Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory?
Did the government state its intention to review the measure within one year of implementation?

Implementing Jurisdiction:

Affected Trading Partners:

Measure type:

Affected Sectors:

Affected Tariff Lines:

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Date Discovered: 13/05/2010

Implemented: Yes

Date of inception: 12 May 2010

GTA Evaluation: Red

Source:

- Official Gazette N ° 39 422
- Decree No. 79 394 of April 25, 2010

Government Response: Nothing

Glossary of trade terms