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### Viewing cable 09SANTODOMINGO570, DOMINICAN REPUBLIC IS BAD FOR BUSINESS, SAYS

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09SANTODOMINGO570 | 2009-05-18 17:05 | 2010-12-17 21:09 | CONFIDENTIAL | Embassy Santo Domingo

`

    VZCZCXYZ0008
    PP RUEHWEB

    DE RUEHDG #0570/01 1381729
    ZNY CCCCC ZZH
    P 181729Z MAY 09
    FM AMEMBASSY SANTO DOMINGO
    TO RUEHC/SECSTATE WASHDC PRIORITY 2771
    INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
    RUEHLP/AMEMBASSY LA PAZ MAY 0569
    RUEHME/AMEMBASSY MEXICO PRIORITY 1158
    RUCPDOC/USDOC WASHDC PRIORITY 1793
    RHEFDIA/DIA WASHDC PRIORITY
    RUEAIIA/CIA WASHINGTON DC PRIORITY

` `

    C O N F I D E N T I A L SANTO DOMINGO 000570

    SIPDIS

    STATE FOR WHA/CAR,
    LA PAZ FOR A/DCM C LAMBERT

    E.O. 12958: DECL: 05/17/2019
    TAGS: EAIR KCOR EINV ECON DR
    SUBJECT: DOMINICAN REPUBLIC IS BAD FOR BUSINESS, SAYS
    ADVENT INTERNATIONAL

    REF: A. 08 SANTO DOMINGO 141
    ¶B. 08 SANTO DOMINGO 1456

    Classified By: Richard Goughnour, Charge d'Affaires, Reasons 1.4(b), (d
    )

    ¶1. (C) Summary: Managers from U.S. investment company Advent
    International told EconOffs that they have faced numerous
    barriers to their conduct of business since acquiring the
    airport concessionaire Aerodom Dominicana Siglo XXI in
    October 2008. Among these is a GODR official who has
    harassed, threatened and sought bribes from the company.
    Also, President Fernandez issued a decree directly
    undercutting Aerodom revenue, in direct violation of the
    company's concession. As a result of this difficult business
    environment, the Aerodom CEO told EconOff that Advent plans
    to turn around the Aerodom asset within five to seven years
    and has nixed earlier plans to broaden its investments in the
    Dominican Republic. End Summary.

    ----------------------------------
    Never again, says Advent executive
    ----------------------------------

    ¶2. (C) The CEO of airport concessionaire Aerodom Dominicana
    Siglo XXI, a subsidiary of the U.S. investment fund Advent
    International, told EconOffs that he has become disillusioned
    with the Dominican Republic as a target for investment.
    Shortly after Advent purchased Aerodom in October 2008, CEO
    Rodolfo Salgado told the Ambassador that this would be the
    first of many Advent investments in the Dominican Republic.
    Just seven months later, however, Salgado confided to EconOff
    that Advent would make no further investments in the country
    and sought to turn around Aerodom within five to seven years.
    He expressed grave misgivings about a government that
    succeeds in attracting investment through good public
    relations, pro-business rhetoric and even signing contracts
    with favorable terms for investors when in reality the
    panorama for foreign investors is muddled with corrupt
    intermediaries and a legal framework that is bent to satisfy
    the whims of public officials.

    ¶3. (C) Salgado echoed a growing refrain that the Embassy is
    hearing from U.S. investors in the Dominican Republic. "The
    Dominican Republic needs to realize that it is becoming
    integrated into the global economy and it needs to start
    behaving as such," Salgado said. He noted that Advent has
    been investing in Latin America for over 20 years and has
    never faced this level of government resistance to the
    uninhibited operation of its business. Salgado noted two
    particular issues that the company is facing. One is the
    harassment by Andres Van Der Horst, the director of the
    Airport Department, who has sought to disrupt Aerodom
    operations in an apparent attempt for personal gains. The
    other is a presidential decree that directly violates
    Aerodom's concessionary contract, the terms of which were
    ratified by the Fernandez government at Advent's request last
    October.

    ¶4. (SBU) Aerodom has completed Foreign Commercial Service
    advocacy forms but has not requested Embassy advocacy as of
    this time.

    --------------------------------------------- --
    Aviation official pressures Aerodom for a bribe
    --------------------------------------------- --

    ¶5. (C) Aerodom CEO Rodolfo Salgado and Advent executive Luis
    Solorzano told EconOffs that Van Der Horst has harassed,
    threatened and even explicitly solicited a bribe from the
    company. The Airport Department, which manages the
    state-owned airports not included in the Aerodom concession,
    has no direct supervisory role over the Aerodom-operated
    facilities. The only legal relationship between the Airport
    Department and Aerodom is the fact that Van Der Horst sits on
    the Airport Commission, the government agency that oversees
    the concession and is chaired by Secretary of Public Works
    Victor Diaz Rua.
    Salgado noted that although the Airport Commission had not
    met for five years prior to Advent's purchase of Aerodom in
    October 2008, it has already met twice since the purchase.
    The content of the meetings has focused on what Salgado
    described as Van Der Horst's nitpicky complaints about

    out-of-order toilets or damage to a non-essential wall
    surrounding the perimeter fence at Las Americas International
    Airport (SDQ) in Santo Domingo.

    ¶6. (C) These complaints and other similar attcks, contained
    in what Van Der Horst presented a an official audit of Las
    Americas operations autored by the Airport Department (even
    though the irport Department has no authority or oversight
    f that airport), gained wide coverage in many Domiican
    daily newspapers, particularly in late Janury and early
    February. At first, Salgado said, h did not understand why
    Van Der Horst was attackng his firm. Then, Van Der Horst
    asked Salgado o provide free storage space at the airport
    for gricultural exporters, a business area where Van Dr
    Horst has personal and family interests. When algado
    refused this request, Van Der Horst escalated the attacks.
    According to Salgado, General Jaime Osas entered Aerodom
    executive offices, placed a firearm on a desk and said he had
    come "to settle a score between you and my boss." Osas
    served in the military as an at-large general at the time but
    made clear that he was representing Van Der Horst during that
    hostile encounter. Advent executives complained vehemently
    about the incident and Osas was recently retired by President
    Fernandez. Aerodom has succeeded in calming the media
    attacks by hiring a media relations specialist to explain the
    situation to press representatives and correct the claims
    made by Van Der Horst.

    ¶7. (C) Salgado also told EconOffs about an incident that took
    place at a recent gala dinner for the travel industry.
    Talking over cocktails with a small group of people,
    including Salgado and Solorzano, Van Der Horst made the
    comment that "For 5 million pesos (about USD 143,000), I
    could go away." While Salgado said Van Der Horst,s tone was
    joking, he turned abruptly to face Salgado and Solorzano when
    he made this comment. Also present at the time were Arturo
    Villanueva, the Vice President of the National Association of
    Hotels and Restaurants, and Pablo Lister of the Civil
    Aviation Board (JAC). Salgado said that although his tone
    was lighthearted, Van Der Horst's message was clear and
    pointed.

    ¶8. (C) In both of their meetings with EconOffs, the Aerodom
    executives have reiterated their commitment to avoid corrupt
    practices and assured the Embassy that they would not succumb
    to Van Der Horst's solicitations. In addition to discussing
    this issue with EmbOffs on various occasions, including
    meetings with EconOffs on February 4 and April 22, Salgado
    said he has broached this subject with Foreign Minister
    Carlos Morales Troncoso, Deputy Foreign Minister Jose Manuel
    Trullols, Dominican Civil Aviation Institute Director (IDAC)
    Jose Tomas Perez, Defense Minister Pedro Pena Antonio, Public
    Works Minister Diaz, and members of the JAC. The response
    from these officials was all similar, Salgado said. Diaz
    told him, "It's just Andres." Morales said, "That man is
    corrupt."

    ¶9. (C) Advent Senior Partner Juan Carlos Torres came to the
    Dominican Republic on April 23 to meet with President
    Fernandez. According to Salgado, during the meeting, Torres,
    Salgado and Aerodom advisor Jose Luis Abraham explained in
    "polite" terms that they had trouble dealing with Van Der
    Horst. After the meeting, Abraham, a close associate of
    Fernandez, remained with the President and told him more
    details of the Van Der Horst problems. President Fernandez
    assured Abraham that he would instruct Van Der Horst to back
    off, and noted that August 16 is typically a day when
    personnel changes are announced. Salgado was not sure
    whether President Fernandez was implying that he would remove
    Van Der Horst in August or whether he would simply use this
    possibility to exert control over Van Der Horst. Salgado
    said that, so far, President Fernandez' intervention appears
    to be helping.

    --------------------------------------------- --------
    Fernandez ratified Aerodom contract, then violated it
    --------------------------------------------- --------

    ¶10. (SBU) Aerodom also complained of a different, though
    related, affront on the company's business. In late
    February, President Fernandez issued a decree eliminating a 4
    cent fee charged on air cargo exports of vegetables. This
    was a recommendation from the national economic summit that

    Fernandez held in February to address the global crisis.
    This fee represents one of the primary revenue generators for
    Aerodom and is an integral component of the concession
    contract. Solorzano said that this decree would cost Aerodom
    millions of dollars per year, cutting profits by as much as
    30 percent. Salgado told EconOffs he has spoken with
    Economy, Planning and Development Minister Temistocles Montas
    and Customs Director General Miguel Cocco about the decree.
    They both acknowledged that the decree was illegal, but
    neither was willing to inform the president that he had made
    a mistake. Salgado said he was suspicious that Van Der Horst
    may have had a hand in pushing the decree to the President's
    desk without a diligent legal review; the decree is very
    favorable to agricultural exporters.

    ¶11. (SBU) Salgado said that this decree was the primary
    reason for Torres' visit and the meeting with President
    Fernandez. He said that President Fernandez reacted "frankly
    and openly" when they told him that the decree violated their
    contract. But Fernandez stopped short of offering to rescind
    the decree, instead asking Aerodom for help in strategizing a
    solution that would allow him to "save face." Salgado said
    that one possibility would be to impose the fee on airlines
    that carry cargo and let them pass the costs on to the
    exporters. Fernandez told the Aerodom executives that Montas
    would contact them about the solution, but Salgado said he is
    becoming impatient as three weeks have passed without any
    visible progress.

    -------
    Comment
    -------

    ¶12. (SBU) The Advent experience is unfortunately typical of
    foreign investors who arrive in the Dominican Republic
    enthused by a legal framework that, on paper, appears
    favorable to business when in reality the investment climate
    is much less certain. When asked in December about his
    impression of the new Aerodom management, the general manager
    of the privately owned and operated La Romana International
    Airport told EconOff that the American company needs to
    "aplatanarse", a term that refers to learning to behave like
    a Dominican, in order to survive. Yet if Dominican
    government officials wish to attract and retain foreign
    investors, they cannot require these investors to participate
    in the rampant corruption of "negocios aplatanados"
    (Dominican-style business). It is the local business climate
    that needs to reform, not the foreign investors.
    End Comment.

    ¶13. (U) Please visit us at
    http://www.state.sgov.gov/p/wha/santodomingo/
    GOUGHNOUR

`