OHL México brings a criminal complaint against Infraiber and individual third parties

10 de septiembre de 2015

OHL México and its subsidiary, Concesionaria Mexiquense, S.A. de C.V. (Conmex), have brought a criminal complaint in Mexico before the Attorney General’s Office (PGR) against Tecnología Aplicada Infraiber S.A. de C.V. (Infraiber) and individual third parties, due to the dissemination of flyers, announcements and illegal and manipulated recordings in an attempt to extort the company, which have, in turn, caused material damage to its shareholders.

In this context, once again, OHL México would like to clarify that, as also indicated by the Communications and Transportation Secretariat (SCT by its Spanish acronym), the company has never had any contractual relationship with Infraiber. Consequently, all of the company’s accusations, suggesting that Mexico has prevented the installation of an Independent Vehicle Capacity Verification System (known as SIVA, by its Spanish acronym) are false. The only instance entitled to adopt this decision is the Government of the State of Mexico, through its competent bodies, whose instructions have always been followed by OHL México.

The contract awarded by the Government of the State of Mexico established that Infraiber would install SIVA in all toll highways awarded by the Government under a concession, two of them of OHL México. To do this, the concessionaire companies of each highway had to sign the relevant contract with Infraiber. However, in fact, Infraiber’s SIVA has not been installed in any of these highways.

The Government of the State of Mexico, following a favorable judgment delivered by the Mexican courts, cancelled its framework agreement with Infraiber in April 2015. OHL México has always duly fulfilled, and will continue to fulfil, any orders of the authorities and its obligations under each concession title.

As regards the illegal interventions and recordings of communications, OHL México and Conmex will duly follow up on the proceedings filed on today’s date, and will assist the authorities in order to clarify the facts covered by the complaint.

Further to the foregoing, OHL México has reiterated that it will use any legal resources within its reach to uphold its rights, in order to safeguard its shareholders’ equity. Please note that over the last few months OHL México has set a precedent in the Mexican business sector, by constituting a company which, in addition to auditing on the part of BMV and CNBV, has also been thoroughly audited by globally renowned companies such as KPMG Cárdenas Dosal, S.C., Jones Day México S.C., FTI Consulting, Inc. and Ritch, Mueller, Heather and Nicolau, S.C., in addition to EY (Ernst&Young) in Spain and Deloitte throughout the OHL Group.

OHL México firmly believes that Mexico’s business competence and economic development are beyond any illegal scheming in the media.

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