Kuwait: We have not agreed to the offer to settle the Iraqi file compensation Kuwait Airways
تاريخ النشر 12/09/2009 08:00 AM
Posted 12/09/2009 08:00 AM
Kuwait (Kuwait Times): Response of the Secretary of Transportation d.
Mohamed Al a question by Deputy d.
Waleed al-Tabtabai on the validity of published reports Airways Corporation as part of efforts to recover its losses resulting from the theft of aircraft and equipment during the invasion of Iraq.
And Beseiri said in response that the information that has been repeated on this side and attributed to a foreign magazine, were marred by intentional modification of the facts, in particular paragraph by stating that «that the Kuwaiti government, through the Kuwait Airways Corporation, had agreed to the Iraqi offer, provided a bank guarantee from a bank global ».
He pointed out that the events, the actual subject is limited as follows:
The Iraqi delegation headed by Iraqi Finance Minister Baqir Jabr Zubaidi, a surprise visit to Kuwait on 7.9.2008 in order to stop the custody proceedings, which killed at the request of Kuwait Airways Corporation to the Canadian judiciary on August 27, 2008 to 10 new aircraft, Iraq contracted to buy from the company Canadian «Bombardier» and the prevention of delivery, unless payment of judgments against the interests of the institution of the Government of Iraq (42 million pounds) and Iraqi Airways (829 million U.S. dollars) with interest until full settlement.
Commitments Institutions
He said the future head of the delegation from the offender Kuwait Abdul Rahman Ghanim - Minister of Communications at the time - in the presence of other government officials, as was emphasized to the Iraqi brothers and, crucially, that the judicial proceedings taken by the institution the right to enter the aircraft at the heart of the institution's obligations as a responsible as the Kuwaiti government for the protection of public funds to enforce judgments in their own interest, not to mention compliance with the provisions of Law No. 6 / 2008 on the allocation of Kuwait Airways Corporation, which stipulates that it could not waive any rights and privileges of their own, except by a law issued by the competent authorities of the State of Kuwait.
Iraqi delegation
He added: As for the claim of the Iraqi delegation to the seized aircraft belonging to the Iraqi government, particularly the first plane prepared for delivery at the time for the use of Iraqi President Jalal Talabani, has approved the Kuwaiti side, in order to maintain good relations between the two countries, to sit down are the two parties to the conflict of judicial Kuwait Airways and Iraqi Airways, for talks on how to repay the Iraqi side of the sums awarded to Kuwait Airways and agree on a mechanism for payment will be sent to the competent authorities of the two Governments, without prejudice to the laws, regulations and procedures of the two brotherly countries.
He Beseiri «met representatives of the Kuwait Airways Corporation, headed by Engineer Hamad A. Al-Falah - Chairman - Managing Director, and an Iraqi team led by Captain struggle Hassan Jabbar - Director General of Iraqi Airways over two consecutive days during which the lack of seriousness Atdk propositions and suggestions emanating from the Iraqi position clearly negative judgments about the interests of Kuwait Airways and is not recognized at all by the Iraqi side, where he focused on the Iraqi brothers «not be held responsible for the crimes of the Saddam remnants» and that any obligation to pay them compensation awarded to Kuwait lines or part thereof will face serious opposition within the Iraqi government and parliament, which requires «co Kuwaiti side» to reach a settlement acceptable to the authorities of the two countries.
Settlement offer
He added: From this point of view, our brothers in the Iraqi delegation bids for a settlement, the first had already been made in the past without that resonates from the Foundation for ignoring the full realization of the full institution of compensation not to mention the uncertainty and ambiguity of the elements contained therein, which was focused on the following points:
A - Iraqi Airways to pay a cash amount of $ 150 million U.S. (according to a mechanism agreed upon later).
B - give Kuwait Airways the right to invest in the fields of aviation, logistics, freight and ground services, Iraqi Airways, which owns exclusive rights in the grounds of Baghdad and Basra airports (without the Kuwaiti side to provide any solid information or documents to help a questionnaire supported the validity and seriousness of these proposals).
He noted that the second offer, whereby the Iraqi lines, to pay an amount of U.S. $ 500 million in cash and in one exchange for dropping all claims by Kuwait Airways and judgments to their advantage, and in particular the lifting of custody immediately on flights in Canada.
Implementation of the provisions
Has shown Engineer Hamad al-Falah as Chairman of the Board of Directors its categorical rejection of such proposals, which overlook the importance of the implementation of judgments for the benefit of the Foundation for compensation, as well as the laws in force in the State of Kuwait, which has the task of personally ensure the subordination of the governmental body has an obligation to protect public funds regardless of political data within the scope of the work of the highest authorities in the State.
Accordingly, he informed the visiting delegation that the least amount of cash accepted by the institution confined within the limits of U.S. $ 829 million represents the amount of compensation awarded, and the remaining value of the claim, which represents the benefits until that date can be agreed on the mechanism of payment, whether soft or otherwise Hire Investment based on reliable information about the assets and related rights, which was rejected by the brothers in the delegation overload, The talks ended without a positive result for the reasons mentioned above.
Among other objections
He pointed out that the novel's various bank guarantees, the bulk of her question was, among other objections submitted by the Kuwaiti side of the discussions on the important details contained within the Iraqi offer «second» the need for Kuwait Airways - if this show has won approval of the Kuwaiti authorities - immediate action, which would raise custody of the aircraft in Canada, and then inform the competent British court to stop the proceedings in front of circulation, in turn, pledges to the Iraqi side to pay $ 500 million following the completion of certain procedures, including the Iraqi parliament's approval of the Iraqi state budget for the year 2009, can spend the amount proposed by During the first months of 2009, pointing out that the response team organization was a controversy with the consent of the authorities to extradite the two to pass this proposed settlement is approved legislative means each of them, the British courts, which will be assumed by the settlement for approval, would not accept - the track record in the light of the provisions of perjury perjury and delays from the Iraqi side over the 18-year history of the case - any solution that does not guarantee the real end of the case that consumed a lot of money the British taxpayer, in turn would require the Iraqi side to take into account this aspect and the adoption of an appropriate solution to also reassure the British courts in terms of covering all substantive elements and procedures accredited to the British courts, most important to provide a bank guarantee proposal is not conditioned on the amount of limited duration with an international bank recognized, but the Iraqi side rejected as the basis of the principle that the Iraqi state is the only guarantee, and therefore do not need to - as such - to resort to international banks to ensure commitments to this or that party.
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And Beseiri said: According to Science Foundation, the friendly negotiations conducted in October 2008 has ended adversely affected by the lack of seriousness on the proposals of the Iraqi side, as mentioned above and clearly incompatible with the regulations and laws in the State of Kuwait.
He added that he Beseiri since the last final judgments in the two years 2007 - 2008 and the establishment is the procedure for enforcing these provisions in many countries, which is expected by the Iraqi Airways flies to it, has been taken into account in the selection of these countries accept the jurisdiction of the regulations the provisions of the British and the speed of the procedures adopted have to give version of the Executive to those provisions under international conventions (European Community) or bilateral agreements (Canada).
He noted that the company Bombardier has, in agreement with the Iraqi side, with violating Code of Civil Procedure for the Province of Quebec - Canada in terms of delivery of the first plane to Iraq without the permission of the competent court, the company has acknowledged its mistakes before the court and has pledged to deposit the full value for the price of the plane in the treasury of the court pending the decision of Court of Appeal in the province of Quebec (which was expected in the first week of August 2009), with an emphasis upon not to break the law again, because of the contempt of court.
The Foundation believes that, despite the lack of rhythm of the Court of any punishment of the Canadian company, which is one of the largest companies in the province of Quebec, Canada, forcing them to deposit the full value of the aircraft (approximately $ 29 million) is in the interest of the institution of procedures designed to obtain compensation for fiscal aircraft itself.
He denied that the acts and actions taken by the institution in the pace of custody before or after the smuggling of the plane to Iraq, which requires the application of the provisions of article 11 of Law No. 1 of 1993 on the protection of public funds against any of their employees responsible for following up the implementation of judicial decisions, especially as the human institution are not affected by the smuggling of the first plane, but that thanks to the speed of movement was to convince the court forced the company Bombardier to deposit the full value of the aircraft (29 million dollars) in treasury Court, increasing the rights of the institution to 100% of the value of the aircraft smuggled rather than the 35% usually paid by the customer as a down payment on the account until the date of receipt of the plane from the factory such case the rest is paid the full price.
Information and facts
He said there was no correspondence with the Iraqi side on the negotiations mentioned above, as it should be noted that the institution only as stated in the reply of the information and facts without providing documents or supporting documents, according to the ruling of the Constitutional Court on the interpretation of Article 99 of the Constitution in its ruling Paljlsp held on April 11, 2005 in the request for interpretation No. 3 in 2004, according to which the item «V» of the sentence not be infringing on the rights of individuals, or to address privacy, confidentiality or disclosure of their exposure, as well as item «VII», who spent the right to respond to question that will be appropriate statement meets what is required, and not an obligation to provide documents or papers or supporting documents or installed to the health of the answer.
Dom Sep 13, 2009 12:32 pm