-23society to respond to public decisions on investments related to the use of natural
resources, and also “to play an active role in public debate and in the production of solid,
scientific information […] on the sustainable development of [Chile].”20
57(13) On May 7, 1998, Marcel Claude Reyes, as Executive Director of the Terram
Foundation, sent a letter to the Executive Vice President of the Foreign Investment
Committee, indicating that the foundation proposed “to evaluate the commercial,
economic and social aspects of the [Rio Condor] project, assess its impact on the
environment […] and exercise social control regarding the actions of the State entities
that are or were involved in the development of the Río Cóndor exploitation project.”21 In
this letter, the Executive Director of the Terram Foundation requested the Foreign
Investment Committee to provide the following information “of public interest”:22
“1.
Contracts signed by the State of Chile and the foreign investor concerning the Río
Cóndor project, with the date and name of the notary’s office where they were signed and
with a copy of such contracts.
2.
Identity of the foreign and/or national investors in this project.
3.
Background information from Chile and abroad that the Foreign Investment
Committee had before it, which ensured the soundness and suitability of the investor(s), and
the agreements of the Committee recording that this information was sufficient.
4.
Total amount of the investment authorized for the Río Cóndor project, method and
timetable for the entry of the capital, and existence of credits associated with the latter.
5.
Capital effectively imported into the country to date, as the investors’ own capital,
capital contributions and associated credits.
6.
Information held by the Committee and/or that it has requested from other public or
private entities regarding control of the obligations undertaken by the foreign investors or the
companies in which they are involved and whether the Committee is aware of any infraction
or offense.
7.
Information on whether the Executive Vice President of the Committee has exercised
the power conferred on him by Article 15 bis of D[ecree Law No.] 600, by requesting from all
private and public sector entities and companies, the reports and information he required to
comply with the Committee’s purposes and, if so, make this information available to the
Foundation.”23
20
Cf. Letter dated May 7, 1998, from the Executive Director of the Terram Foundation to the Executive
Vice President of the Foreign Investment Committee (file of appendixes to the application, appendix 1(1), folios
40 and 41); testimony given by Marcel Claude Reyes before the Inter-American Court during the public hearing
held on April 3, 2006; and print-out of some links on the Terram Foundation web page of August 9, 2000 (file
before the Commission, volume II, folio 429).
21
Cf. Letter dated May 7, 1998, from the Executive Director of the Terram Foundation to the Executive
Vice President of the Foreign Investment Committee (file of appendixes to the application, appendix 1(1), folios
40 and 41); and testimony given by Marcel Claude Reyes before the Inter-American Court during the public
hearing held on April 3, 2006.
22
Cf. Letter dated May 7, 1998, from the Executive Director of the Terram Foundation to the Executive
Vice President of the Foreign Investment Committee (file of appendixes to the application, appendix 1(1), folios
40 and 41).
23
Cf. Request for information of May 7, 1998, from the Executive Director of the Terram Foundation to
the Executive Vice President of the Foreign Investment Committee (file of appendixes to the application,
appendix 1(1), folios 40 and 41).