FERROVIAS Guatemala [illegible] Guatemala City, September 16

FERROVIAS
Guatemala
[illegible]
Guatemala City, September 16, two thousand eight
Engineer Elder Martínez
Administrator
FERROCARRILES DE GUATEMALA (FEGUA)
Local
Dear Engineer:
With cordial greetings, I respond to your official letter No. 107-2008 dated July 3 of this
year.
We are somewhat surprised by your letter, in which you indicate concern about the
increase in complaints related to the plundering of the railroad track and encroachment on
railroad property.
This is because the Government of Guatemala resolved to declare lesivo, on August 25,
2006, the Railroad Equipment Onerous Usufruct entered into by Compañía Desarrolladora
Ferroviaria, Sociedad Anónima and your client.
This declaration was an illegal action constituting indirect expropriation by the
Government of Guatemala, which made it impossible for my client to continue regularly
operating transport on the railroad right-of- way, which has caused the constant encroachments
of the railroad property and theft of the railroad track.
The foregoing notwithstanding, I repeat that it is FEGUA that promised to promote and
carry out the respective evictions on all the railroad property that is being trespassed on, well as
to maintain my client in the peaceful enjoyment of the usufruct property which, since the
declaration of lesividad, it has not done—rather quite the opposite.
With nothing more to add, sincerely,
[signature]
Jorge Senn
General Manager
[stamp:]
FERROCARRILES DE GUATEMALA
RECEIVED
September 18, 2008
INTAKE
Signature: [initials] Time:
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