"The original guarantee, which was at BESA's premises, was returned to the Angolan authorities, following the revocation of the guarantee in question by the Angolan Finance Minister, communicated to BESA by letter dated 8 August 2014," a letter, which quotes another, sent by César Brito, former member of BES, to which Lusa had access, reads.
In the document, in response to questions from the PSD within the scope of the Parliamentary Eventual Commission of Inquiry into the losses recorded by Novo Banco and imputed to the Resolution Fund, the former head of BES states that he never saw the guarantee and that the bank does not have the annexes to it, referring to the order signed by José Eduardo dos Santos, former Angolan President.
"The doubts and omissions arising from the interpretation and application of this law are resolved by the President of the Republic," he explains.
The same guarantee establishes that, for conflict resolution, "is subject to the exclusive jurisdiction of the Provincial Court of Luanda, with express waiver of any other forum."
César Brito also revealed that after the revocation of the guarantee, after the resolution of BES, "the means of reaction that BES faced were analyzed from the legal perspective, and it was concluded that the probability of success was remote.
In a March 24th hearing, former BES and Novo Banco director José Honório said that former President José Eduardo dos Santos was the only one who could interpret the annexes to the guarantee given to BES Angola.
BES's exposure to BESA between 2008 and 2014 rose from 1.7 billion to 3.3 billion euros, corresponding to 47 percent of BES's own funds at the time of the resolution.
