All redactions made pursuant to exemptions (b)(6), (b)(7)(C), (b)(7)(F)

I LAW OFFICES

BECKER Bt POLIAKOFF, P.A.

Florida Offices

Administrative Office
3111 Stirling Hoad btcker-poliakoff.com
Ft Lauderdale. FL 333U
US Toll Free. (8001 432-7712
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January 10,2002
Hollywood
Jack.sonWlle
R. Richard Newcomb, Director
Melbourne'
Office of Foreign Assets Control
Miami
U.S. Department of the Treasury
Naples
1500 Pennsylvania Ave., NW. - Annex.
Orlando
Washington, D.C. 20220
Port Charlotte'
St. Pecersbiug
RE; Removal of Industria de Pesca Sobre el Pacifico, S.A. (a.k.a.
Surssotii
Inpesca, S.A.) from the Specially Designated Narcotics Trafficker
Tallahassee
List
Tamps)
W«i Palm Reich
Dear Director Newcomb:
' tiiwlulili'joi iriiliriftdum
in {iflxmuiiit'iii tmlr
This letter is to request, pursuant to 31 CFR § 501.807, that the designation
of Industria de Pesca Sobre el Pacifico, S.A. (a.k.a. Inpesca, S.A.) as a Specially
International and
Affiliated Offices
Designated Narcotics Trafficker (hereinafter "SDNT") be rescinded because the
circumstances resulting in the designation no longer apply. What follows are
Prague, arguments and evidence that Inpesca proposes as remedial steps on Inpesca's
Czet-h Republic
behalf, including corporate reorganization and resignation of blocked persons from
Pans. France employment positions at Inpesca which negate the basis for designating Inpesca as
Frankfurt. Gemuim an SDNT. We request, pursuant to 31 CFR § 501.807(c), a meeting with the Office
Beijing,
of Foreign Assets Control (hereinafter "OFAC") to discuss this matter prior to
People's Republic OFAC completing its review of this request for reconsideration.
ol China

Bern. Switzerland Inpesca, along with a number of individuals associated with Inpesca, was
added as an SDNT on May 24, 2001. See 66 Fed. Reg. 104. According to the
OFAC website:

Changes to the SDNT List in 2001

'CONSULEGISEEK
Member of Omiulcgis.
3n Inicrnjtidliil Atwcijuun
uf Lai. fimu.

Network of Leading Law Firms

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R. Richard Newcomb, Director

January 10, 2002
Page 2

4/24/01

The following names have been added to OFAC's listing of Specially Designated
National and Blocked Persons as "Specially Designated
Narcotics Traffickers" ISDNTs):

INPESCA S.A. (a.k.a. INDUSTRIA DE PESCA SOBRE EL PACIFICO S.A.) Km. 5 El

Pinal, Buenaventura, Colombia; Av. Simon Bolivar Km. 5 El Pnal, Buenaventura,
Colombia; NIT # 890302172-4 (Colombia) [SDNT]

Also included on that particular addition were the following persons, each of whom was
or remains a shareholder, manager, or member of the Board of Directors of INPESCA.

INPESCA should be removed from the SDNT list because each of the above persons, and
others that may be on the SDNT list, have been removed from any association with INPESCA. A
history of the company, INPESCA, follows. Documentary proof establishing the information
stated below has been enclosed with this request and marked with the Exhibit number
corresponding to each reference herein.

Industria de Pesca Sobre el Pacifico Limitada "Inpesca, Ltda." (the "Company") was
organized and incorporated in 1960 in Buenaventura, Colombia, for the purpose of among other
things, general fishing, financing independent fisheries and fishermen, purchasing and storinfi
seafooiandtotaionofseaiood Its original owners were HflHHHHHHMHMHHHI
a n d H H H H H H H H H H H £ a c h contributed $75,000 Colombian pesos ("CP") (in form
of land, personal property, and cash) as capital contributions for a total of $150,000 CP. (EXHIBIT
1,, PUBLIC WRITING N O . 212, April 12, 1960). In 1963, the Company's capital was increased to
$250,000 by each of the two owners contributing another $50,000 CP. Again in 1964, the capital

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R. Richard Newcomb, Director

January 10, 2002
Page 3

was increased to $450,000 CP by equal contributions by eacho^heownerso^lOO^OOCPMn

1973, the Company's capital is increased to $2,500,000 and H M ^ ^ H ^ ^ ^ ^ ^ H H M H
and Hfl^l^^^^^^^^^^^H were
introduced as new stockholders in addition to the previous owners. (EXHIBIT 2, PUBLIC WRITING
No. 1211 December 26, 1973).

Over the next twelve years the company's capital was increased to £100,000,000 CP and
in 1989 the company was sold to the following parties in the following proportions: (1)
Maragricola S.A. 94%, (2) Inversiones Holguin Hurtados S. en C.I. 1.5%, (3) N. Hurtado y CIA.
S.A. 1.5%, (4) Central Dona Ana S.A. 1.5%, and (5) Distribuidora Dona Ana Ltda 1.5%.
(EXHIBIT 3, PUBLIC WRITING NO. 3758, September 12, 1989). The following year, the company
was changed from limited status to "anonymous" status. (EXHIBIT 4, PUBLIC WRITING NO. 3899
August 23, 1990).

The next transformation of the company is evidenced in the minutes from its 1993
shareholder's meeting that show a sale of the company to the following stockholders in the
following percentages:

NAME STOCK PERCENTAGE

16,000 8%

16,000 8%

18,000 9%

4,000 2%

2,000 1%

2,000 1%

.0001 1%

30,0000 5%

10,000 5%

10,000 5%

10,000 5%
1
For Ease of Reference, I have bolded the names of all the people involved who are currently on the OFAC list
updated as of October 12, 2001.

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R. Richard Newcomb. Director

January 10,2002
Page 4

10,000 5%

20,000 10%

20,000 10%

10,000 5%

10,000 5%

10,000 5%

• • • • •
TOTAL
20,0000
200,000
10%
100%
(EXHIBIT 5, ACT No. 4)

In the 1995 Shareholder's meeting, it is shown that the ownership was as follows:

Taura, S.A. 48,360 shares

Galipagos, S.A. 48,320 shares
Desarollos Agroindustriales, S.A. 75,920 shares
C.I. del Occidente, S.A. 19,940 shares
520 shares
6,940 shares

The Minutes for the 1996 Shareholders' meeting reflect the sale of Taura, S.A. and
Galapagos, S.A.'s shares of stock. The entire stock ownership is transferred to new owners in the
following amounts and proportions:

•••1
NAME SHARES
46,000

8,000
PERCENTAGE
23%

4%

8,000 4%

14,000 7%

60,000 30%

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R. Richard Newcomb, Director

January 10, 2002
Page 5

32,000 16%

32,000 16%

200,000 100%
(EXHIBIT 7, ACT NO. 14, April 1,1996).

The Minutes for (he 1997 shareholders' meeting reflect

(currently on the OFAC list) purchased all 8,000 of shares
(EXHIBIT 8, ACT NO. 3 8, April 30, 1997). In a separate meeting, [replaces
one of the directors of the corporation (EXHIBIT 9, ACT NO. 20, May 30, 1997).

In 1998, a shareholders' meeting was held to elect new Board of Directors, which
includedBBBBBHI^^BBIBBBi(currently on the OFAC list). (EXHIBIT 10, ACT NO. 22,
March 31, 1998). AdditionalIyT^^M______________l (14,000 shares/7%) transferred his
shares t o f l H H H H H ^ H H H | ^ ^ ^ ^ H H i H ^ H H i ( 3 2 , 0 0 0 shares/16%) transferred his
shares to____________________^(EXHiBrr 11, ACT NO. 23, October 30, 1998).

The 1999 shareholders' meeting illustrates new transfers of shares resulting in two
shareholders, who are on the OFAC list:

| NAME SHARES PERCENTAGE

60,000 30%

••____••___•
(OFAC list).
32,000 16%

BUB!.
KOFAClist^^^^^^^
32,000

16,000
16%

8%

14,000 7%

46,000 23%

TOTAL 200,000 100%

(EXHIBIT 12, ACT NO. 25, August 17, 1999.)

According to the Certificate of Existence and Representation from Colombia (EXHIBIT

13), as of 1999, the members of the Board of Directors of Inpesca were:
Directors: —

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R. Richard Newcomb, Director

January 10,2002
Page 6

1.

2.

3.

4.

5.

6.

The following steps have been taken by Inpesca which should convince OFAC to remove
Inpesca from the SDNT list.

jhave been removed from any ownership and management of Inpesca.

Consequently, the alleged change in ownership and control of Inpesca may be
substantiated by an investigation by OFAC, and, upon request, submission of
evidence confirming the statements made in this letter of request.

According to the OFAC regulations at 31 C.F.R. § 536.408(a):

A change or alleged change in ownership or control of an entity

designated as a specially designated narcotics trafficker shall not be the
basis for removal of that entity from the list of specially designated
narcotics traffickers unless, upon investigation by the Office of Foreign
Assets Control and submission of evidence by the entity, it is
demonstrated to the satisfaction of the Director of the Office of Foreign
Assets Control that the transfer to a bona fide purchaser at arm's length is
legitimate and that the entity no longer meets the criteria for designation
under $ 536.312. Evidence submitted must conclusively demonstrate that
all ties with other specially designated narcotics traffickers have been
completely severed, and may include, but is not limited to, articles of
incorporation; identification of new directors, officers, shareholders, and
sources of capital; and contracts evidencing the sale of the entity to its
new owners.

i interests in Inpesca have been validly transferred to a bona fide

third party purchaser in an arm's length transaction, ^ I H H H H i shares were as well
(EXHIBITS 14 and 15). Additionally, they have both resigned their positions as |

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R. Richard Newcomb, Director

January 10,2002
Page 7

of Inpesca, evidenced by a proper shareholder's meeting which named their replacements

(EXHIBIT 16).

2. Replacement of

I was the (for lack of a better term)

for Inpesca from March 2000 to MarcT 2001, and he was on ie SDNT list, but he has since been
formally replaced (EXHIBIT 17).

The circumstances resulting in the designation of Inpesca as a 'blocked person', as

defined at 31 CFR § 50l.807(a) no longer apply. Pursuant to that section, we have proposed
steps that Inpesca believes would negate the basis for such continued designation. Inpesca has
aggressively reorganized its corporate structure, forced certain persons to resign from positions in
the blocked entity, and taken other similar actions.

Inpesca desires to resume regular business in the United States as soon as possible. Please
contact me with any questions regarding this memorandum or this matter generally. Pursuant to
31 CFR § 501.808(b), please identify any and all further information or documentation that you
require be submitted to substantiate the statements made in this letter to unblock Inpesca from
doing business in the United States.

For the Firm

Enclosures
684243_3 DOC
01/10/02

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