Displaying items by tag: Cemex Colombia

Colombia: Cemex Colombia has received a US$16.8m fine from the Colombian Directorate of National Taxes and Customs (DIAN) for irregularities in its 2012 income tax payment. The company reportedly made an improper imputation of its balance for the year. Cemex Colombia says that it will take the matter to court. It has until March 2022 to file a suit.

Colombia: The Colombian prosecution service intends to summon former Cemex Colombia chief executive officer (CEO) Carlos Jacks to face charges in relation to the Maceo cement plant corruption case. Jacks was CEO of the company for 24 years and previously headed Cemex operations in Costa Rica, the Dominican Republic and Puerto Rico, according to the Noticias Caracol television channel. A statement made by Camilo González Téllez, the former Legal Vice President, has been used by the prosecutor’s office to press charges against Jacks. So far González is the only senior Cemex executive to have received a custodial sentence in relation to the affair.

In 2016 Cemex fired several senior staff members in relation to the Maceo project and its subsidiary’s chief executive resigned. This followed an internal audit and investigation into payments worth around US$20m made to a non-governmental third party in connection with the acquisition of the land, mining rights and benefits of the tax free zone for the project. Legal proceedings followed in Colombia and the US.

Colombia: The Regional Autonomous Corporation of Antioquia (CorAntioquia) approved the modification of the environmental license of Cemex Colombia’s upcoming 1.0Mt/yr Cementera del Magdelena Medio integrated cement plant in Maceo, Antioquia. The modification will allow for the production of up to 1.5Mt/yr of cement annually. It will additionally enable the company to extract up to 990,000t/yr of limestone and clay. The producer called the authorisation an ‘important step’ towards the plant’s completion.

Cemex Colombia and Peru president Alejandro Ramírez said, "The modification of the environmental licence is a milestone that allows us to resume work to make this project a reality, through which it is expected that we will offer our materials for infrastructure and housing works in the country more efficiently."

Colombia: Workers from Cemex Colombia are using vehicles volunteered by the company to transport water and disinfectant for use in street cleaning in Maceo, Antioquia department. Esmerk Latin American News has reported that the aim of the exercise is to combat the spread of coronavirus. Cemex Colombia has also donated food, water and antibacterial gel to communities around its 2.8Mt/yr Caracolito plant near Ibagué, Tomila department.

Colombia: Finland’s Wärtsilä has signed a further four-year extension to its operation and maintenance (O&M) agreement with Cemex Colombia. The original agreement was started in 1998 and it has now been extended to the end of 2023. Cemex’s integrated Caracolito cement plant uses a 26MW power plant operating on five Wärtsilä 18-cylinder 34SG engines in V-configuration running on natural gas. Wärtsilä employs 15 personnel in the running of the power plant, all of whom were hired locally.

US: Cemex says that a class action lawsuit filed with the Southern District Court of New York in 2018 has been dismissed. The legal action was made by a group of investors who allege that they were misled in relation to an alleged corruption case in Colombia. The building materials company said that the decision of the court was final and that the plaintiffs would not be entitled to a new trial,

The legal proceedings followed reports in 2018 that the US Department of Justice had requested information from Cemex about a case of alleged corruption in the construction of the Maceo cement plant in Colombia. In 2016 Cemex fired several senior staff members in relation to the Maceo project and its subsidiary’s chief executive resigned. This followed an internal audit and investigation into payments worth around US$20m made to a non-governmental third party in connection with the acquisition of the land, mining rights and benefits of the tax free zone for the project.

Colombia: Cemex Colombia has been accused by the news division of Caracol Televisión of allegedly making payments to the Juan Manuel Santos presidential campaign in 2014 in return for preferential treatment on construction contracts. Santos subsequently won the 2014 presidential election and served until 2018.

Sources, quoted by Noticias Caracol from a US police investigation into the company, say that it paid US$1m in cash and contributed cement to local candidates. They say that the local candidates then sold the donated cement at a discount for additional campaign funds. The Office of the Attorney General of Colombia is also investigating the matter. The report by Noticias Caracol follows an expose by Semana magazine.

Good news for Cemex Colombia this week with an agreement reached to open its Maceo cement plant in Antioquia. Local media was reporting that the cement producer has struck a government-brokered deal with CI Calizas y Minerales to lease the land it built its plant on. Finally, the new(ish) US$350m integrated plant can start operation.

For those unfamiliar with the debacle, Cemex has been fighting the fallout publicly since 2016, following a dodgy land deal at the site. The 1Mt/yr integrated Maceo plant was originally announced in 2014 with full operation scheduled for late 2016. Then, in October 2016 Cemex fired several senior staff members in relation to the project and its subsidiary’s chief executive resigned. This followed an internal audit and investigation into payments worth around US$20m made to a non-government third party in connection with the acquisition of the land, mining rights and benefits of the tax free zone for the project. Other irregularities are also alleged to be linked to the project. As well as the Colombian authorities being involved, the US Department of Justice is also running its own investigation into the affair with wider implications for Cemex’s operations in other Latin American countries. Some of the sacked staff members and others have since been investigated on corruption charges.

Graph 1: Cement production in Colombia, 2010 – 2018. Source: DANE.

Looking at the wider Colombian market though, it does make one wonder whether the long-delayed plant is really necessary. As Graph 1 shows, cement production rose steadily year-on-year to 2015 before it hit a downturn. It reached a high of 13Mt in 2015 before declining. Production in 2018 grew slightly compared to 2017 but not at the same rate seen previously. In Antioquia specifically despatches increased by 1.3% in 2018, above the national average of 0.2%. Despatches now appear to have continued into January and February 2019.

Cemex Colombia started to benefit from an improved fourth quarter in 2018 as the general economy picked up. Despite this its overall net sales and operating earnings fell in 2018. However, it did flag its earnings margin as a concern with higher freight and energy costs in the fourth quarter of 2018, although it partially offset this with higher prices. Cementos Argos, the other big producer in Colombia, reported a similar picture to Cemex, although in a better position. Its cement volumes fell slightly for the year in 2018 but picked up fast in the fourth quarter. Annual revenue was down slightly, as were adjusted earnings. In its opinion the construction industry improved in the second half of 2018 due to an improved housing market and infrastructure projects.

Given the downturn in production since 2015 the thought does occur whether the opening of the Maceo plant being delayed accidentally helped Cemex or not. It has probably been losing money by not running the plant but if, for example, the company had some sort of insurance to protect it against unexpected delays it might still benefit. However, if evidence of serious wider misconduct in both Colombia and other Latin American countries are found by the US authorities, then things could get expensive. This would be unfortunate, particularly in Colombia, given that the market looks set to recover.

Colombia: Cemex Colombia has reached a deal with the Attorney General allowing it to operate its Maceo cement plant in Antioquia. Under the terms of the government-brokered agreement Cemex will lease the land from CI Calizas y Minerales for around US$15,000/yr, according to the El Espectador newspaper. The lease has a duration of 21 years and this can be extended by another 10 years.

In 2016 Cemex fired several senior staff members in relation to the Maceo project and its subsidiary’s chief executive resigned. This followed an internal audit and investigation into payments worth around US$20.5m made to a non-governmental third party in connection with the acquisition of the land, mining rights and benefits of the tax free zone for the project. The US Department of Justice is also investigating the project.

Colombia/US: Edgar Ramírez, the former vice president of planning for Cemex in Colombia, has been summoned by the US judiciary in relation to the Maceo cement plant corruption case. Ramírez reportedly fled to the US following calls for his arrest in Colombia earlier in 2018, according to W Radio. Another suspect in the case - Eugenio Correa Díaz, the former representative of CI Calizas y Minerales, which sold the property to the cement producer, is also being questioned by the US authorities. Ramírez and accomplices allegedly paid over US$13m to Correa, despite being aware of the fact that the property was in the process of being expropriated over unpaid taxes.