The deadline for the signing of the contract, the stake in the "quidditch" game played by Diaconescu for Oltchim

ALINA TOMA VEREHA (Tranlsated by Cosmin Ghidoveanu)
Ziarul BURSA #English Section / 2 octombrie 2012

The deadline for the signing of the contract, the stake in the "quidditch" game played by Diaconescu for Oltchim

Dan Diaconescu continues to play his game of "quidditch" for Oltchim around the deadline for the signing of the privatization contract. And because he wanted to make the game more exciting, the journalist announced that he wants to bring the money needed to pay the outstanding wages of the workers of the plant (about three million Euros for one month) in bags.

While the authorities have announced that the deadline for the signing of the contract for the privatization of Oltchim is October 1st (ed. note: ten days after the awarding of the call for tenders), Dan Diaconescu said yesterday that there is no deadline for the completion of the negotiations on the contract.

In yesterday's edition, the BURSA newspaper exclusively wrote that Dan Diaconescu is betting on the fact that the privatization contract contains a provision concerning the possibility of conducting the transaction (the transfer of the amounts with which he won the call for tenders) within a maximum of 15 days from the deadline.

Thus, the journalist knew that after October 1st, he would still have a 15-day respite, during which time he would be paying 0.04% per day in damages. The BURSA newspaper wrote, yesterday, that the TV station owner may be betting on the fact that by pushing it, he will gain media exposure, (including during those 15 days) and, by default, will have gained on two fronts: he may actually come up with the money and win popularity with the voters, given his electoral message which the people are already familiar with.

Mr. Diaconescu said yesterday: "I am committed to pay 45 million euros for the acquisition of the majority block of shares, but am not required to sign the contract within 10 days. The deadline for the payment of money of the contract, the 45 million euros, is February 14th, 2013, but we want to pay the money earlier, if we reach an agreement. The deadline for signing the contract is not ten days, nothing like that is written anywhere. Theoretically, we can pay the money until February 14th".

In support of his statements, Mr. Diaconescu presented excerpts from the tender book to the press, according to which no date for signing the contract was stipulated.

Remus Vulpescu, the head of the Office For The State's Interests and Industrial Privatization (OPSPI), said: "The maximum deadline of ten days - is stipulated in the Government Decision 577/2002. The Ministry of the Economy has the right to set a deadline according to the tender book (which was announced in public as well). Furthermore, there are public statements which were constantly made by both parties, which track the honoring of this deadline. No one was forced to pay the money upon the signing, but once the tender has been submitted and endorsed by Friday September 28th included, it can't be changed any more".

In turn, businessman Ştefan Vuza, who participated in the call for tenders for the privatization of Oltchim, said: "This deadline for ten working days is stipulated in the tender book. It is stipulated that it is the exclusive prerogative of the seller to set or to change this deadline. As for the deadline of February 14th, 2013, this is the final date by which the money has to be paid after the transfer of the shares to the buyer, if the payment is done in installments. But Mr. Diaconescu made the commitment to pay the money upon the signing of the contract".

The lawyers of Dan Diaconescu - Daniel Fenechiu and Cristian Duţescu - yesterday said that the ten-day deadline stipulated in the law is not mandatory, the period for the negotiation of the privatization contract must be set based on mutual agreement of the parties. Cristian Duţescu said, for BURSA, that there is no set deadline specified in the tender book and that Dan Diaconescu is not required to present the proof that he owns the 45 million Euros to acquire Oltchim prior to the signing of the contract. "Making the proof of the availability of the money is not a condition precedent for the signing of the contract", he said.

The meeting with Minister Chiţoiu

The TV station owner yesterday met with the minister of the economy, Daniel Chiţoiu, whom he said "apologized on behalf of the ministry, of the Government and of Prime Minister Ponta for the accusations which they have made against me, concerning the existence and the source of the money".

Dan Diaconescu says that he talked to minister Chiţoiu about the legal options available to pay the outstanding wages - donation, loans to the state or the advance payment of part of the 45 million Euros for the acquisition of the majority stake: "If we sign the contract, I will pay the wages of the employees of Oltchim. If we do not sign, we need to see how the money can be provided. Through donation, through a guarantee, or some other legal form. We have reiterated one of our oldest wishes, to bring in the money in cash, in an armored car. Daniel Chiţoiu asked us not to do that and we have all accepted this request of the minister".

When insistently asked by the journalists when he was going to pay or whether he had the 45 million Euros, Dan Diaconescu did not provide a clear answer, saying that "it was only logical" that he had the money considering that he had offered to spend several more million Euros to pay the overdue wages.

Emergency aids for the employees of Oltchim

The government will only pay the 1,400 lei which represents emergency aid for the employees of Oltchim if a "crisis situation" occurs, where the employees will not have received their wages in 2-3 months, Labor minister Mariana Câmpeanu said yesterday, quoted by Mediafax. The Minister showed that, at the present time, the employees have been paid their overdue salaries and they will also receive their wages for the month of August.

Mrs. Câmpeanu said that the Ministry of Labor will only be allowed to intervene if the privatization of Oltchim is unsuccessful and the company goes into receivership. The minister of Labor also said that this is not a "global" aid, only for the employees which are facing an emergency situation.

Over 500 employees of the plant of Oltchim of Râmnicu Vâlcea once again protested yesterday, on the platform located in front of the plant's administrative wing, saying that they were awaiting "a negative or positive answer on the privatization".

The Government has made the commitment to the IMF that Oltchim will go into voluntary liquidation if the privatization fails

Through the memorandum appended to the latest letter of intent, the Government has made the commitment to the IMF that Oltchim (OLT) will go into voluntary liquidation if the privatization fails, with prime minister Victor Ponta later saying that if the privatization fails, company will go into receivership. The going of Oltchim into voluntary liquidation was expressly stipulated in the memorandum sent to the International Monetary Fund (IMF) at the end of the visit of the evaluation mission of August. This is the first time such an obligation is inserted in a final document of the Government sent to the Fund.

BREAKING NEWS

Yesterday, at around 18:30, Dan Diaconescu came out of the bank with seven bags of money. The journalist said he was ready to spend it on paying the outstanding wages of the employees of Oltchim.

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