Note on the OHL Group and OHL México

May 27, 2015

1. The OHL Group

International Concession and Construction Group

  • Third Spanish Construction Group by foreign activity.
  • Widespread presence, with current activity in 30 countries across 5 continents.
  • One of the largest Infrastructure Concessions groups worldwide.
  • More than 25,500 permanent employees.
  • Very important activity in the Americas, particularly:
    • Canada
    • USA
    • Mexico
    • Colombia
    • Peru
    • Chile

OHL concession activities in Mexico

Since 1979, OHL has maintained a presence in Mexico through activities that had been undertaken by Huarte, one of the three construction companies that led to the OHL Group.

Since 2002 OHL has devoted significant investments to the infrastructure concession activity in Mexico, working with and for public administrations ruled by different political forces:

  • Circuito Exterior Mexiquense, Conmex, State of Mexico (PRI)
  • Toluca Airport, Federal Government (PAN)
  • Amozoc-Perote, Federal Government (PAN)
  • Bicentennial Viaduct, State of Mexico (PRI)
  • Los Poetas-Luis Cabrera, Mexico Federal District (PRD)
  • Aunorte, Mexico Federal District (PRD)
  • Puebla Viaduct, State of Puebla, (PAN)
  • Atizapan-Atlacomulco, Federal Government (PRI) 

In summary, from the perspective of the ruling political party, OHL has:

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  • Three concessions awarded by the government ruled by the PRI
  • Three concessions awarded by the government ruled by the PAN
  • Two concessions awarded by the PRD

From the perspective of public administration awards, OHL has:

  • Three concessions awarded by the Federal Government
  • Two concessions awarded by the State of Mexico
  • Two concessions awarded by Federal District of Mexico
  • One concession awarded by the State of Puebla

In all cases, without exception:

  • OHL Mexico has always acted with full transparency and the best corporate practices
  • All construction and concessions activities have been performed in full compliance with the contract documents and all specifications of each contract, also always including strict compliance with deadlines

OHL Mexico went public in 2010, most of the capital is held by the OHL Group as an expression of the will and commitment of the OHL Group to become forever a Mexican company. With this policy, the OHL Group:

  • Has already invested 59.266 billion pesos in Mexico through March 2015
  • Has never a repatriated a single peso in dividends or concessional profits to Spain
  • Has created and currently maintains more than 3,700 permanent employees in Mexico, all (except two) of Mexican nationality

Leading company in corporate governance
Outstanding and renowned for its good corporate governance practices.
Recognition of OHL by the Spanish National Securities Market Commission as one of the five IBEX 35 companies that follow 100% of the Recommendations of the Unified Code of Good Governance.

2.The slander and falsehood campaign against OHL MEXICO

In the past few months the OHL Group in Mexico has been the subject of a campaign of defamation against its subsidiary OHL Mexico, which has resulted in massive letters to financial institutions and government agencies and publication of full-page ads in Mexican newspapers, all with false content.

Within this smear campaign, in recent weeks two videos with some recordings of telephone conversations allegedly extracted from OHL Mexico employees have been released.

These recordings talk about two issues:

1.- An invitation by the former employee of OHL Mexico, Pablo Wallentin, to the Secretary of Communications of the State of Mexico, Mr. Apolinar Mena, in clear breach of the OHL Group Code of Ethics and the Code of Ethics OHL Mexico.

The Group has immediately taken definitive action, firing Mr. Wallentin from OHL Mexico so that he has no further relationship of any kind with the OHL Group in this matter.

2.- Alleged manipulation and fraud by OHL Mexico in relation to investments and concession tolls on the Bicentennial Viaduct.

Based on the absolute conviction that the actions of the OHL Group in all its concessions are always dutiful and in compliance with all contracts, the Audit, Compliance and Corporate Social Responsibility Committee of the OHL Group, without prejudice to any complementary initiatives adopted and those which may be adopted in the future, the Audit Committee and the Board of Directors of OHL Mexico, S.A. de C.V. have launched an urgent investigation for the full clarification of the facts and instructed the prestigious firm of Ernst & Young to conduct an analysis of the performance of the Bicentennial Viaduct contract questioned in the aforementioned recordings.

The conclusions of the study by the auditing firm, attached hereto, confirm that all actions of OHL Mexico in connection with the Bicentennial Viaduct concession have been absolutely correct and fully respectful of all the terms and clauses of the Concession Title.
The OHL Group has instructed its legal advisors to carry out whatever actions are appropriate, civil or criminal, in defense of their legitimate interests.