Between 2017 and 2020, the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) issued eight resolutions that require the opening of information related to the sale of the Agronitrogenized fertilizer plant, acquired at a premium by Petróleos Mexicanos (Pemex), in the administration of Enrique Peña Nieto.
However, four of these resolutions are still pending compliance because appeals were filed to prevent information related to contracts and appraisals from being made public.
The INAI plenary session determined that it is in the public interest to access the documents that show the conditions and values of the assets of the plant acquired with public resources. Through different resolutions, it ordered access to information on the appraisals of the plant, the credit and sale contracts, as well as the liability procedures of public servants involved in the purchase.
Between November 2017 and March 2020, the plenary resolved eight appeals for review related to the acquisition of this plant and in all cases ordered the delivery of information.
The Superior Audit of the Federation, the Secretariat of Public Function, the Institute of Administration and Appraisals of National Assets, as well as Pemex Fertilizantes complied with the resolutions.
Nacional Financiera (Nafin) and Banco Nacional de Comercio Exterior (Bancomext) are the subjects that have not provided the required information. Regarding the latter, these are two simple credit agreements, entered into on December 22, 2015 with Grupo Fertinal, Petróleos Mexicanos and Pemex Fertilizantes del Pacífico.
In the processes corresponding to Nafin, information has been required on the appraisals made regarding the loan agreement granted to the parastatal in December 2015, in the context of the acquisition of Grupo Fertinal, as well as contracts, reports, appraisal reports , name of the business name of the acceptable bank appraiser, among others.
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