3. Administrative proceeding in relation to the activity of Mr. López Mendoza
in PDVSA
40.
In 1998, Mr. López Mendoza worked as an Analyst of Entorno Nacional [National
Environment] in the Office of the Chief Economist of PDVSA. 51 At that time, he was also
founder of the nonprofit Civil Association Primero Justicia [First Justice].”52
41.
On July 24, 1998, a Memorandum of Understanding between the Inter-American
Foundation (IAF) and PDVSA was signed within the so-called Framework for the
Development Base (MDB) by which disadvantaged groups organized to achieve their
social, cultural, and economic well-being.53 In the framework of this memorandum of
understanding, on December 23, 1998, a donation was made to the benefit of the Civil
Association Primero Justicia for the sum of sixty million, sixty thousand Bolivares (Bs
60,060,000.00), which was granted under the Cooperation Agreement between PDVSA
and the IAF, in connection with the project entitled “Expansión y consolidación de la
justicia de paz en los Estados Monagas, Anzoátegui, Sucre y Delta Amacuro: una
oportunidad para la equidad en un contexto de crecimiento económico Regional”
[Expansion and consolidation of justice for peace in the States of Monagas, Anzoátegui,
Sucre, and Delta Amacuro: an opportunity for equity in a context of regional economic
growth]. 54 Similarly, a donation was made in the amount of twenty-five million Bolivares
(Bs 25.000.000.00) to the benefit of the same association, this time to support the
project entitled “Educando para la Justicia 1998-1999” [Educating for Justice 1998-1999],
which was delivered on September 11, 1998. 55
42.
At the time of the donation, the mother of Mr. López Mendoza, Antonieta Mendoza
de López, played roles as Manager of Public Affairs of the Service Division of PDVSA. 56
43.
The facts related to the activities of Mr. López Mendoza in the company PDVSA led
to a proceeding and the corresponding sanctions, of fines and of disqualification. The
general accusation against the alleged victim was related to his having engaged in a
"conflict of interest" in relation to these donations, given that he served both as an
employee of PDVSA as well as a member of the Board of Director of the organization
51
Cf. Work contract for undetermined period between PDVSA and Mr. López Mendoza on October 1,
1992 (case file of annexes to the answer to the application, tome XIX, annex A, folio 7666).
52
Cf. judicial appeal for annulment of the administrative decision of the State filed by Mr. López Mendoza
on October 4, 2005, Case file No. 2005-5251 (case file of annexes to the answer to the application, tome XXI,
annex B, folio 7967).
53
Cf. Memorandum of understanding between PDVSA and IAF of July 24, 1998 (case file of annexes to
the answer to the application, tome XIX, annex A, folios 7540 to 7544).
54
Cf. Act of notary public expedited by Mrs. Antonieta Medoza de López of December 23, 1998 (case file
of annexes to the answer to the application, tome XIX, annex A, folio 7595) and Order of initiation of the Office
of Determination of Responsibility of the Comptroller General of the Republic of July 15, 2004, Case file No. 0801-06-04-005 (case file of annexes to the answer to the application, tome XI, annex A, folios 5534 to 5535).
55
Cf. Reciept issued by PDVSA of September 11, 1998 (case file of annexes to the answer to the
application, tome XIX, annex A, folio 7874) and Order of initiation of the Office of Determination of
Responsibility of the Comptroller General of the Republic of July 15, 2004, supra note 54, folio 5537.
56
Cf. Document of general data of the worker of Mrs. Antonieta Mendoza de López (case file of annexes
to the answer to the application, tome XIX, annex A, folio 7661) and Order of initiation of the Office of
Determination of Responsibility of the Comptroller General of the Republic of July 15, 2004, supra note 54,
folios 5534 to 5537.
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