Juan Benegas. (Photo: FIS)

Pesantar case will leave Nissui in illegal status

ARGENTINA
Tuesday, February 24, 2015, 03:40 (GMT + 9)

Late last year, Juan Benegas, who at the time was Pesantar's (ex Nissui Argentina) COO filed a complaint before the Argentine Foreign Ministry and the National Undersecretariat of Fisheries, in which he reported a possible link between the Japanese firm and a ship that had operated in the Falkland Islands.

The matter, about which the Embassy of Japan and Nissui headquarters in Tokyo were notified, involves a violation of the federal Fisheries Act, which prohibits companies to operate in Argentina and the Falkland Islands in parallel.

FIS had the opportunity to have a chat with Mr. Juan Benegas, in which the former Pesantar manager provided information on the situation of the complaint filed on 22 December 2014, related to the fishing in the Falklands of a boat belonging to another company form Nissui Group, the Chilean firm Empresa de Desarrollo Pesquero de Chile S.A. (Emdepes).

Note presented by Juan Benegas to the Embassy of Japan. (Photo: FIS)

Fish Info & Services: At what stage is your complaint? 

Juan Benegas: I can confirm that since Friday 13 February, the enforcement authority, which is the National Undersecretary of Fisheries, has all the evidence to apply the sanction to Nissui.

Now we just need the evidence obtained to be arranged, so that the sanction does not have loopholes allowing Nissui to escape from it. It would be intolerable that Nissui, in addition to fishing illegally in the Falklands while fishing in Argentina, were able to avoid the legal sanction for an administrative error when presenting the evidence that gives ground to the penalty, which is the application of Article 28 of the Federal Fisheries Act.

Moreover, it not only involves applying the sanction to Nissui, which basically means losing fishing permits and quotas, but the generation of other legal actions, because what was fished by a Chilean company in the Falklands also leads to other violations that Justice must evaluate, investigate, gather evidence and punish.

Those other potentially pending cases will follow the implementation of the first sanction to Nissui, which involves permits and quota removal, and fines.

FIS: What documentation has the Argentine Chancellery been able to contribute to the cause?

JB: The elements legally obtained by the Argentine Chancellery include:

1- Verification of the economic relationship between Nissui Japan, Pesantar of Argentina and Emdepes from Chile (information provided by the Embassy of Japan to the Chancellery of Argentina).

This relationship is confirmed until 9 January 2015, when Pesantar was sold.

It is worth noting that illegal fishing by Emdepes took place in 2014, the same year I did my complaint.

2- Confirmation of the Undersecretariat of Fisheries and Aquaculture (SUBPESCA) of Chile on the property by society Emdepes, from Nissui Group, of the F/V Southern Union vessel.

3- Satellite positions locating F/V Southern Union vessel fishing in the Falklands.

All this supports my claim based on a report from a Nissui manager, who informed his peers in Tokyo that F/V Southern Union was fishing in the Falklands, with British license, and asked them to keep the information secret for Argentines.

FIS: Having the confirmation of the Chancellery, the Japanese Embassy and Subpesca, what would be the next step?

JB: I have personally verified that all evidence is arranged, now only Article 28 of the Federal Fisheries Act has to be applied.

Here the Argentine government has a great opportunity to demonstrate that sovereignty is not just a political discourse and set a great precedent, as it would be the first time they can prove an unlawful act of this kind against the sovereignty, and apply the corresponding sanction.

This does not affect the position of England or Argentina regarding the Falklands, since a Japanese private company (Nissui) that violated a law of a country is only involved.

It is also important to note that Nissui on their official website has a section devoted to Codes of Ethics.

As I have shown, not only they violated Argentine law they also involved a neighbouring country, Chile, and also broke their own codes of ethics, which, taking into account that we are talking about a leading Japanese company worldwide, listed on Tokyo Stock Exchange (JPX), is a serious offense.

FIS: According to what has been exposed, we would be facing two problems: The first would be the one Argentine authorities are processing in order to prove an illegal act, and secondly, a problem at international level about the way Nissui is operating.

JB: I think the next directors of Nissui must learn that the error wasn’t sending an email asking to keep secret an illegal action and then be denounced, but the big mistake is failing to comply with the laws of the countries where their subsidiaries are, taking advantage of the need for investment the countries where they operate have.

I have no doubt that Argentine authorities will show the world and the fisheries sector - in particular – that sovereignty laws must be met, otherwise, consequences will have to be faced.

I hope that in a next meeting I will be able to confirm the application of the sanction by the government of my country.

FIS: Did you expect Nissui Tokyo would acknowledge the mistake and rectify?

JB: I worked for years with the Japanese people and I could say that Japan is one of the few countries in the world where people and companies respect their word and their codes of ethics. I can’t even now understand Nissui’s reaction of dismissing me and trying to cover everything with a quick negotiation, allowing their departure from Argentina.

So far, I have personally taken the higher cost because Nissui Head Office (Tokyo) instructed Pesantar to fire me without just cause on 5 January 2015. It's incredible to be fired in your own country because you are defending Argentine sovereignty and Japanese honour. In Japan, they call this "seppuku" and I have no problem to die gloriously, but I expected at least someone in Japan would practice the "harakiri" and assume the error publicly with the appropriate apologies.

In summary, and finally, I have taken very simple and clear steps:

• On 22 December 2014, I submitted the complaints before the Argentine Chancellery and the National Undersecretariat of Fisheries.
• On 29 December 2014, I brought evidence to ambassador Daniel Filmus, secretary of Matters Related to the Falkland Islands, who had appointed me.
• On 1 January 2015, I sent a note to the Japanese ambassador in Argentina asking for help, and I got a response, "Thank you for your information."
• On 4 January 2015, I sent an email to the directors of Nissui Head Office (Tokyo), in which I informed them about my aforementioned actions, including my letter to the ambassador of Japan, and asked: "Would Japanese people of Nissui betray the sovereignty of Japan?"
• On 5 January 2015, I was dismissed after 26 years of dedication to the Nissui group.

FIS: What do you expect from this?

JB: I hope Argentina will show that it is a serious country and will take the appropriate steps, and Nissui, if it really is a serious company, will apologize for the proceedings and rectify the way some of its managers are pursuing business worldwide.

Related articles:

- Pesantar fishing permit suspension lifted
- Newsan Group acquires Nissui-owned fishing company
- Pesantar fishing license suspended
- Punishment to Japanese company for fishing in Falklands evaluated

By FIS
[email protected]
www.seafood.media
 

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