Displaying items by tag: Lafarge Syria

Doing deals with terrorists has a price: US$778m. The US Department of Justice (DOJ) revealed this week that it had fined Lafarge for its conduct in Syria between 2013 and 2014. In addition Lafarge and its subsidiary Lafarge Cement Syria (LCS) have pleaded guilty to one count of conspiring to provide material support to designated foreign terrorist organisations in Syria. It is uncertain how exactly the fine will be paid but it is worth noting that successor company Holcim reported net sales of nearly US$27bn in 2021. The fine represents nearly 2% of this.

A reasonable amount of new detail can be found on the DOJ website. LCS was essentially dealing with the Islamic State of Iraq and al-Sham (ISIS) and the al-Nusrah Front (ANF) as they would a local government in relation to the running of the Jalabiyeh cement plant. As a reminder, both of these groups were defined as terrorist organisations by the US government at the time. The relationship apparently started as monthly payments to local armed groups, including ISIS and ANF, to allow movement through checkpoints. This later progressed to a de-facto tax based on cement sales. However, it became worse when LCS started asking ISIS to block or tax imports of cement from Turkey-based competitors into northern Syria as part of a revenue-sharing agreement. Effectively LCS was fixing the price of cement in a war zone by collaborating with terrorists. In the end LCS, the intermediaries and the terrorist groups made around US$80m whilst they were working together.

Holcim’s interpretation of the ruling was keen to point out that the conduct in Syria was recognised by the DOJ as not involving Holcim in any way. The DOJ did agree that Lafarge’s executives didn't disclose their activities in Syria to its successor company Holcim either before or after the merger in 2015. However, it pointed out that Holcim had not carried out due diligence of LCS’s operations in Syria. It added that, “Lafarge, LCS and the successor company also did not self-report the conduct or fully cooperate in the investigation.”

Despite this, other information that Holcim also highlighted was that the US authorities were now happy that effective compliance and risk management controls were in place to prevent anything similar happening again. Crucially, it said that the DOJ didn’t think that an independent compliance monitor was required. It pointed out that none of the conduct involved Lafarge’s operations or employees in the US and that none of the Lafarge executives were working for Holcim or any associated company. Finally, the group wanted to report that the DOJ found that none of the former Lafarge executives involved shared any of the “methods, goals or ideologies” of the terrorist groups operating in area at the time.

The immediate reaction from all of this is what happens to the ongoing legal case in France, also about Lafarge’s conduct in Syria? In mid-May 2022 the Court of Appeals confirmed a charge of complicity in crimes against humanity against Lafarge. The company then reportedly started the appeal process at the Supreme Court. Other charges, including financing terrorism, endangering life and violating an embargo, were lodged earlier in the legal process. The US is generally seen as being the leading prosecutor of international corporate crime but if the French legal system also issued a fine to Lafarge on the same scale things could become difficult for Holcim. The other complication for the French legal case is that the national intelligence services allegedly used Lafarge’s links with the Syrian terror groups to acquire information but they did not warn the company that it was committing a crime.

Holcim is a different company from what it was when LafargeHolcim formed in 2015. It is being run by a new chief executive officer who came in from another company well after the merger and is diversifying away from the trio of cement, concrete and aggregates with the addition of a fourth business area of light building materials. Alongside this the group has been selling off businesses in the developing world and focusing on Europe and North America. Yet it is still being defined by the criminal actions of a company it absorbed seven years ago and the behaviour of staff long gone. Those actions have been investigated and punishment delivered. More may be coming.

Syria/US: A US court has found Lafarge Cement Syria guilty of conspiring to provide material support to the terrorist organisations al-Nusrah Front (ANF) and ISIS in Northern Syria during 2013 and 2014. Lafarge Cement Syria and its parent company, France-based Lafarge, agreed in 2011 to pay the terrorists for Lafarge Cement Syria employees' 'protection' and the continuation of the Jalabiyeh cement plant's operations, as well as to gain an economic advantage over other Syrian competitors. During the duration of the agreement, Lafarge Cement Syria recorded US$70.3m in sales. Coalition forces fighting against ANF and ISIS damaged the plant in an airstrike 'to reduce the facility's military usefulness' on 16 October 2019.

The court ordered Lafarge Cement Syria to pay criminal fines and forfeiture totaling US$778m.

France: The Court of Appeals has confirmed a charge of complicity in crimes against humanity against Lafarge, now part of Holcim. The company will now appeal the decision to the Supreme Court. The confirmation establishes the scope of the charges that Lafarge will face, if unsuccessful in its appeal.

Global Cement previously reported that Lafarge allegedly made indirect payments to terror organisation ISIS between 2011 and 2014 in order to keep its Jalabiya cement plant operational during the Syrian Civil War. French prosecutors opened an investigation into the company’s activities in the country in June 2017, leading to its indictment for complicity in crimes against humanity on 28 June 2018.

France: Holcim has issued a statement after another day of the on-going criminal court case against Lafarge Syria on charges of financing a terror organisation, violating an embargo, endangering its employees and being complicit in crimes against humanity. Aljazeera News has reported that the company stands accused of paying US$15.3m to armed groups including ISIS, to which it allegedly also supplied cement. Prior to the outbreak of the Syrian Civil War, Lafarge Syria had invested US$601m in its cement operations in the country. Holcim called the alleged crimes a ‘legacy issue’ for Lafarge Syria. Following the group’s discovery of the historic conduct in 2016, it engaged third-party investigators and shared their findings with the courts.

Chair Beat Hess said “All the alleged charges against Lafarge SA are in stark contrast with everything that Holcim stands for as a company. The described events concerning Lafarge SA were concealed from the Holcim Board at the time of the merger in 2015 and go completely against the values of our company.” He added “On behalf of the board of directors of Holcim, I would like to reiterate how extremely shocked and appalled we are by the alleged charges against Lafarge SA.”

France: The Court of Cassation has denied Lafarge’s appeals against the charge of complicity in crimes against humanity in Syria. The court of last resort has reversed the decision by the Paris Court of Appeal in 2019, according to the Agence France Presse. The case has now been referred back to investigating magistrates for reconsideration along with another charge of ‘endangering the lives of others.’ In a statement Lafarge said that the decision by the Court of Cassation did not in any way presume any guilt on its part and that it would continue to cooperate fully.

The legal case relates to the conduct of Lafarge in Syria between 2011 and 2014. Lafarge and Holcim later merged in 2015 becoming LafargeHolcim. LafargeHolcim’s shareholders voted to change the company’s name to Holcim in May 2021.

US: Fortera has appointed Eric Olsen to its board of directors. Olsen is the former chief executive officer (CEO) of LafargeHolcim.

He started his career in the field of mergers and acquisitions at Deloitte & Touche, Banque Paribas and was one of the managing partners of Trinity Associates for six years. He studied business at the University of Colorado and holds a Master of Business Administration (MBA) from HEC international business school in Paris. He joined Lafarge Group in 1999 and was a member of its executive committee from 2007 until its merger with Holcim in 2015 to form LafargeHolcim. He then worked as the CEO of LafargeHolcim until April 2017 when he resigned following a review into a conduct of a cement plant in Syria. Legal charges of financing a terrorist organisation were dropped by French authorities in 2019.

Fortera is a materials technology company that has developed a recarbonation process that uses captured CO2 and mineralises it into a secondary cementitious material. In March 2021 it signed a collaboration agreement with Lehigh Hanson to build a carbon capture and storage (CCS) system at the producer’s 0.8Mt/yr integrated Redding Cement plant in California.

France/Syria: The Court of Cassation, a court of last resort, has delayed its ruling on the conduct of Lafarge in Syria between 2011 and 2014 until September 2021. It was due to make a decision on a number of appeals related to the case including whether charges of charge of crimes against humanity should be upheld, according to the Agence France Presse. Other indictments include those of financing terrorism, endangering life and violating an embargo. Lafarge has been accused of financing terrorism through indirect payments to extremist groups to keep its Jalabiya cement plant operational after the outbreak of war in Syria.

Lafarge Cement Syria was a subsidiary of Lafarge in the early 2010s. Lafarge and Holcim merged in 2015 becoming LafargeHolcim. LafargeHolcim’s shareholders later voted to change the company’s name to Holcim in May 2021.

France/Syria: The Court of Cassation, a court of last resort, is considering whether a charge of crimes against humanity should be upheld against Lafarge. However, charges of financing terrorism, endangering life and violating an embargo seem set to stay. The legal case is investigating the company’s conduct in Syria between 2011 and 2014. It has been accused of financing terrorism through indirect payments to extremist groups to keep its Jalabiya cement plant operational after the outbreak of war in Syria. The Court of Cassation is expected to deliver its verdict on 15 July 2021.

Syria: Two Coalition F15s performed a targeted precision airstrike on a Lafarge Syria cement terminal near Kobane on the Turkish-Syrian border. Myles Caggins, Operation Inherent Resolve spokesperson, told Sputnik that the operation succeeded in its aims of “destroying an ammunition cache and reducing the facility’s future military usefulness.” The facility had been used by Coalition and Kurdish forces, and was destroyed following the removal of all personnel and ‘essential tactical equipment’ as part of the US’s withdrawal from northern Syria.

France/Syria: The Court of Appeal in Paris will decide on 24 October 2019 whether charges of financing terrorism and crimes against humanity will be upheld. Lafarge and its former executives Bruno Lafont, former chief executive officer (CEO) of Lafarge, former safety director Jean-Claude Veillard, and one of the former directors of its Syrian subsidiary, Frédéric Jolibois have challenged the indictments, according to the Agence France-Presse. The legal case is investigating Lafarge’s conduct in Syria between 2011 and 2014. It has been accused of financing terrorism through indirect payments to extremist groups to keep its Jalabiya cement plant operational after the outbreak of war in Syria.