MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES Decree No. 1693/94 Approve the actions regarding the National and International Public Licitation for the granting of Port Terminals in Puerto Nuevo.

Bs. As., 23/9/94

VISTO Expediente No. 1843/93 of the registry of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC deSECRETARIA DE TRANSPORTE,, as provided by Decree No. 1019 of 17 May 1993 and

CONSIDERING:

That Article 1 of Decree No. 1019/93 empowered the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, assisted by the SECRETARIAT OF TRANSPORT, to approve the relevant documents and make the call to National and International Public Licitation for the Concession of Port Terminals in NEW PUERTO, City of BUENOS AIRES, REPUBLIC

That the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES through Resolution No. 669 of 21 June 1993, authorized the SECRETARIAT OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS, to make the call for tendering, at the same time adopting the General Conditions Pledge, the General Technical Pledge and the Particular Technical Loans to govern in the contest in question.

That by Resolution No. 878 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES dated 13 August 1993, aggregations were introduced in the General Technical fold and in the Specific General and Technical Conditions.

That by Resolution No. 898 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES dated 20 August 1993, the Advisory Committee was established, as provided for in Article 2 of the General Conditions Treaty, inviting it to be integrated, to the TRANSPORT COMMISSION of the HONORABLE SENATE OF THE NATION, to the NATIONAL TRANSPORT COMMISSION

That the Clarification Circulars were issued in due course to the Pliego, which were notified to those interested in the form of style.

On 16 November 1993, the event of receipt of offers and opening of the About 1.

On 4 February 1994, the receipt of the documentation that was required of the offerers was received by means of the About 1-Bis, contemplated in the General Conditions.

That by Resolution No. 366 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES dated March 15, 1994, it was decided to prequalify as an offerer for Terminals N^ros 1 and 2 in a joint form of the Licitation in question, to the Consortiums: P luminous ARGENTINA S.A. - O.L. FASCE S.A. - MARUBA S.C.A. - PORT INVESTMENT S.A. BI S.A. - H. BOUZAS & CIA. S.A. - INTERNATIONAL CONTAINERS TERMINAL SERVICES INC.; PLATESTIBA S.A. - ULTRAMAR AGENTS S.A. and MURCHISON S.A. _

That on March 25, 1994, the opening of the envelope No. 2 was made in accordance with the provisions of the General Conditions of the so-called tender.

That by Resolution No. 404 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES dated 25 March 1994, the N Terminals were pre-adjudicated^ros 1 and 2 jointly to the Consortium P grandson ARGENTINA S.A. - O.L. FASCE S.A. - MARUBA S.C.A. - PORT INVESTMENT S.A.

That by Resolution No. 709 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES dated 6 June 1994, the prequalification and pre-adjudication, carried out by Articles 1 of the Resolutions of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES^ros 366/94 and 404/94 for the Consortium P outrageO ARGENTINA S.A. - O.L. FASCE S.A. - MARUBA S.C.A. - PORT INVESTMENT S.A., and as a result, attentive the prequalification made and the order of merit provided by the Resolutions of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS quoted above, pre-adjudication of Terminals N^ros 1 and 2 together, for the MURCHISON S.A. Consortium. _

On June 16, 1994, the Consortium P fakeO ARGENTINA S.A. - O.L. FASCE S.A. - MARUBA S.C.A. - PORT INVESTMENT. S.A., challenges Resolution No. 709/94 of the MINISTERY of ECONOMY AND ARTWORKS AND SERVICES PUBLICS quoted in the consideration precedent.

That by Resolution No. 1058 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, dated September 1, 1994, no place is made to the challenge made and Terminals N are awarded^ros 1 and 2 jointly, of the National and International Public Litigation No. 6/93 for the Concession of Port Terminals of NEW PUERTO, City of BUENOS AIRES, REPUBLICA ARGENTINA, to the offerer Consortium MURCHISON S.A. _

That the signatures MURCHISON S.A. I. and C. and ROMAN MARITIMA S.A., members of the MURCHISON S.A. Consortium. ESTABLISHMENT AND CHARGE I. and C. - ROMAN MARITIMA S.A., requested the exemption established in Article 31 of Law No. 19.550 (t. or 1984) and its modifications.

That in accordance with the provisions of the General Conditions Agreement, concerning the capital of the Concessionary Anonymous Society, the requested exception is made.

That the proceedings were subject to the intervention of the General SINDICATURA OF NATION, having not merited the bidding process developed objections of any kind.

Accordingly, it is up to the approval of all acts rendered within the bidding procedure in a timely manner.

That the contract of concession of Terminals N has been signed^ros 1 and 2 PUERTO NEW Ciudad City of Good Ones REPUBLICA ARGENTINA, between the Minister of Economy and Public Works and Services and RIVER PLATE CONTAINER TERMINAL S.A. (in formation) and the members of the Office of the Ombudsman: MURCHISON S.A. I. and C. and ROMAN MARITIMA S.A., "ad referendum" of the NATIONAL EXECUTIVE PODER, it is necessary to have what is conducive to its approval.

That until the full functioning of the PUERTO NUEVO S.A. ADMINISTRATION society, provided for in Decree No. 769 of 19 April 1993, the control and control tasks of the port concession should be assigned to the General ADMINISTRATION OF SOCIEDAD PUERTO OF THE STATE (In Liquidation), which will adapt its operation to the rules of the general contracting conditions.

That the present measure is determined in the use of the powers emanating from Article 99, paragraphs (1) and (2) of the National Constitution, Law No. 23,696 and its Rule Decree No. 1105 of 20 October 1989 and Law No. 24,093 and its Rule Decree No. 769 of 19 April 1993.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 todo Approved all the actions of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES on the occasion of the National and International Public Litigation for the Concession of Port Terminals in PUERTO NEW de City of BUENOS AIRES de ARGENTINA REPUBLIC, with regard to Terminals N^ros 1 and 2 identified in the concursal process.

Art. 2o el Approve the Concession Contract of Terminals N^ros 1 and 2, of PUERTO NEW Ciudad City of Good Ones REPUBLICA ARGENTINA, who works from fojas 17.673 to fojas 17.697 of the file cited in the VISTO, signed between the Minister of Economics and Works and Public Services and RIVER PLATE CONTAINER TERMINAL S.A. (in formation) and the members of the official consortium: MURCHISON S.A. _

Art. 3o . Except for the award firms MURCHISON S.A. I. and C. and ROMAN MARITIMA S.A., of the limits established by Article 31, first paragraph, of Law No. 19.550 (T.O. 1984) and its amendments.

Art. 4o al Facultase the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to make such interpretations, clarifications and modifications as may be necessary to the Contract of Concession as approved by this decree.

Art. 5o . Please note that until the full functioning of the PUERTO NUEVO S.A. ADMINISTRATION society, provided for in Decree No. 769 of 19 April 1993, the control and control tasks of the port concession, will be exercised by the General ADMINISTRATION OF SOCIED DE PUERTS OF THE STATE (In Liquidation), which will conform to the regulations of the PUG.

Art. 6th . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.