CADIVI/CENCOEX ELECTRONIC NOTICES
On July 22, 2014, the Political Administrative Chamber of the Supreme Tribunal of Justice issued a decision (case Alimentos Polar Comercial C.A.) that ratified the criterion that the notices received from CADIVI/CENCOEX through electronic means do not have to meet the legal requirements of administrative acts and that the individuals/corporations must request from CADIVI the full text of the relevant administrative act in order to have knowledge of the same and review it in detail, to which end, a period of 15 business days is allowed. CADIVI/CENCOEX is allowed a period of 20 business days to answer such request. If CADIVI/CENCOEX answers the request and delivers the administrative act, the 15-day period for filing the appeal for reconsideration or the 180-day period for filing the contentious-administrative appeal begins to run as from said date. If CADIVI/CENCOEX does not answer in a period of 20 days, upon the end of said 20 days, a period of 180 days begins to run in order to file the contentious administrative appeal for “silencio administrativo” (administrative authority’s failure to answer).
We recommend that these criteria be taken into account in order to determine the actions to be taken in case of electronic notices from CADIVI/CENCOEX.
“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”