Dear Mr. Huizinga (Flor y Fauna SA),
While preparing Flor y Fauna SA's next statement to the forestry mailing
list (as per your announcment to list members on May 9, 1996), please
consider the following:
(all translated excerpts by Treemail, with full disclaimer and Treemail
refers readership to original documents for reference).
In a letter signed by Wim Braakhekke, Director of Conservation of WWF-NL,
addressed to THE TICO TIMES, an English newspaper in San Jose de Costa
Rica, and dated August 30, 1994, he conveys the impression as if investors
would have been informed (implicidly) on the findings of the Centeno report
as follows:
"WWF Netherlands has sent copies of Julio Cesar Centeno's report to OHRA,
Flor y Fauna and Stichting Continuiteit Flor y Fauna, because we feel that
it is important that all parties know of the report".
and:
"The fact that an independent foundation was set up (Stichting Continuiteit
Flor y Fauna) to guard the interests of the investors was essential to
WWF-Netherlands before becoming involved in this project."
Concerning the Stichting Continuiteit Flor y Fauna, or SCOFF as its
proprietors prefer to name it (Foundation for the Continuity Flor y Fauna,
my translation):
The official excerpt of the Chamber of Commerce register in The Hague with
file-number S 212483 of 21 November 1995 and the Foundation's public statues
appear to contain no reference to representation of the investors interests.
In one specific, yet limited, sense SCOFF does appear to provide continuity
for investors; in the case of Ebe Huizinga's death his son will receive full
mandate over Flor y Fauna. Apart from the Huizinga family, J.P. van Rossum,
WWF-NL and OHRA are represented on the Board of SCOFF.
Flor y Fanua SA's director Ebe Huizinga adds to the impression conveyed by
WWF-NL Director of Conservation Braakhekke in an interview in Money View
-Research of March 1995 on page 7&8 by stating that (Treemail's translation,
but not the quotation marks): "Furthermore all investments -in case
something would happen to our company- are guaranteed by the Foundation
SCOFF. In the Foundation, amongst others, members of WWF-NL and OHRA are
represented as well as a representation from the side of the investors."
According to publicly available materials there exist three types of SCOFF
Boardmembers (A,B and C):
type
A: E. Huizinga and his son Jan Huizinga
B: R. Hinse (OHRA directorate)
J. van Rossum (van Rossum van Veen)
C: R.H.P.W. Kottman (board WWF-NL)
Type A has full power over appointment of director F&F and over appointment
of boardmembers type A and over appointing expirery date for teakwood I-VII;
and B appointed by OHRA; and C by members of the SCOFF board, and they
provide the president.
Voting power:
type
A: 40%
B: 40%
C: 20%
All decisions by majority vote
Article 2 on the goals of the association stipulate SCOFF's aim as to obtain
and administer the shares of F&F. No mention of investors interest seem to
be present in the goals of Foundation as laid down in articles of
association's chapter on goals.
The reporters of NOVA obtained copies of the articles of association of the
Foundation SCOFF (these are per definition publicly available in the case of
a Dutch Foundation). Being the thorough reporters they are, they had the
SCOFF articles of association reviewed by Prof. Swemmers (dean faculty of
fiscal law at University of Amsterdam) and by Prof. Wessels (dean faculty of
law concerning private enterprise at the same University). According to said
journalists, both these Professors came to the same conclusion that, in
fact, there is only one person that holds all decision power within SCOFF;
and that this person is Ebe Huizinga.
Best regards,
Paul Romeijn
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