Displaying items by tag: Legal

Kenya: Pradeep Paunrana, the former chief executive officer (CEO) of ARM Cement, has challenged the sale of his former company’s assets in Kenya to National Cement. Lawyers acting on behalf of Paunrana, who remains a major shareholder, have filed a petition at the Kenyan High Court, according to the Business Daily newspaper.

ARM Cement was place in administration in mid-2018. Administrator PricewaterhouseCoopers (PwC) later decided to sell the cement producer’s assets in Kenya to National Cement for US$48m. However, a consortium of investors led by Paunrana offered US$63m for the assets but this bid was declined due to a lack of proof of funds and its late submission.

Taiwan: The Taipei High Administrative Court has repealed Asia Cement’s right to operate a cement quarry located in the Taroko National Park. This decision upheld an appeal from Taroko residents and overrules a Ministry of Economic Affairs (MOEA) decision to grant a 20-year extension of mining rights, according to the Taiwan News newspaper. Asia Cement’s previous mining concession expired in late 2017 and the Bureau of Mines, MOEA originally extended it until 2037.

Myanmar: Four local activists have been sentenced to 14 months hard labour for protesting in May 2018 against a new cement plant being built at Patheingyi Township in Mandalay Region. The residents of Aungthabyae, Patheingyi were charged and convicted of Roads and Bridges Law offenses for blocking a road to prevent access by vehicles, according to Radio Free Asia. The activists allege that they were not allowed to testify in court describing the process as ‘totally unfair.’

Around 20 people were injured in 2018 when police fired rubber bullets and tear gas into a crowd protesting against the construction of the Alpha Cement Plant, a joint venture between China’s Anhui Conch and a local company. During the protest, activists blocked factory vehicles and demanded compensation for land they claim they lost when a road was built to support the plant. Police said that over US$40,000 worth of damage was caused at the site. The cement plant is scheduled to be commissioned in 2021.

Costa Rica: Cemex has taken legal action to query a local 5% tax on the sale of cement in the provinces of Cartago, San José and Guanacaste. The issue is commercially relevant because its competitor Cementos Fortaleza operates a grinding plant at Salinas Esparza in Puntarenas where the tax is not liable, according to Diario Extra magazine. Cementos Fortaleza opened its unit in 2018. Cemex operates an integrated and a grinding plant in the country.

Russia: Vostokcement Group has warned both federal and regional government that its on-going legal troubles will delay infrastructure projects in the Far East district, including the Zvezda shipyard, Vostochny Port coal terminal, Sila Sibiri gas pipe and a bridge over the River Amur. It said it also might be unable to pay up to 5000 workers. The cement producer previously said that office of the Prosecutor General of Russia had seized the financial accounts at Spasskcement, Teploozersk Cement and other subsidiaries in relation to a civil legal case where the defendants are trying to recover Euro44.5m.

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.

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.

Argentina: Loma Negra is challenging a proposed US-based court case on behalf of US-based shareholders. The legal challenge alleges that the cement producer misled investors by misrepresenting its exposure to a corruption scandal and downplayed the potential impact of the economic crisis in 2018, according to the Ámbito Financiero newspaper. Loma Negra says that it was never involved in any bidding process related to the corruption case relating to its Brazilian owner Camargo Correa. The US lawsuit is also taking legal action against the banks involved with Loma Negra’s initial public offering (IPO) in late 2017.

Trinidad & Tobago: The Caribbean Court of Justice (CCJ) is continuing to hear arguments about whether Rock Hard Cement should be exempt from higher taxes applicable to third party goods. Both the Caribbean Community (CARICOM) Council for Trade and Economic Development (COTED) and the World Customs Organisation (WCO) previously ruled that Rock Hard Cement imports from Turkey and Portugal were correctly classified as ‘other hydraulic cement,’ according to Barbados Today. However, lawyers on behalf of Trinidad and Tobago and Trinidad Cement have dismissed this classification of the imports, insisting that the classification of the World Customs Organization (WCO) and COTED were ‘unsafe, unreliable and incorrect.’ As such the imports should be classified as ‘building cement grey’ and liable to a tariff of 15% instead of 5%. The case continues.

France/Syria: Lafarge SA and three of its former executives are appealing against accusations of crimes against humanity. The Court of Appeal is expected to address the indictment in late June 2019, according to the Agence France Press. The former executives involved include Bruno Lafont, former chief executive offcier (CEO) of Lafarge, former safety director Jean-Claude Veillard, and one of the former directors of its Syrian subsidiary, Frédéric Jolibois. The Presecutor General has supported some arguments of the defence team.

If the appeal is succesful the legal case will focus instead on the financial aspects of Lafarge’s conduct in Syria between 2011 and 2014. It has been accussed of financing terrorism through indirect payments to extremist groups to keep its Jalabiya cement plant operational after the outbreak of war in Syria.