Displaying items by tag: Legal

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.

Guyana: Concrete manufacturer KSM is taking legal action against the Guyana Revenue Authority (GRA) for over valuing the cost of cement imports. It alleges that the GRA charged it US$16.6m too much for five shipments between January and March 2019, according to the Stabroek News newspaper.

It grew its imports from 2015 to 2018 and it imported 24,480t of cement from Domicem in the Dominican Republic in 2018. However, KSM says that the GRA increased the declared value of cement by over 40% in the second half of 2018 without offering any ‘reasonable or justifiable grounds’ for so doing. KSM says it imported its shipments in 2019 at the lower rate and this was approved by customs. The GRA then demanded the shortfall from KSM in May 2019.

India: Transport and Small, and Medium Enterprises (MSME) minister Nitin Gadkari says that cement producers have raised their prices without justification. He alleged that input prices for the industry had not increased and speculated that the companies acted ‘like a cartel’, according to the Times of India newspaper. He added that the higher cost of cement was negatively affecting road and affordable housing construction.

Gadkari said he has asked his officials to intervene in an on-going case in the Supreme Court and also explore the option of approaching the Competition Commission of India. The National Highway Builders Federation has also sought government intervention over the issue.

Peru: The Supreme Court has upheld a fine of nearly US$2m by the National Institute for the Defense of Free Competition and the Protection of Intellectual Property (INDECOPI) on UNACEM. The penalty was levied due to UNACEM and its distribution network refusing to allow retailers to sell cement made by its competitor, according to the Gestión newspaper. INDECOPI said that in 2014 UNACEM and its collaborators refused to allow retailers to stock its Sol brand of cement if they were selling the rival Quisqueya brand produced by Mexico’s Cemex.

Australia: Wagners expects that its on-going suspension of cement products to Boral will cost it around US$7m in 2019. The company decided to stop the supply following Boral’s notification that it had found a cheaper source in March 2019. Since neither Wagners nor Boral have been able to resolve the disagreement it has now been referred to the Supreme Court of Queensland.

Trinidad & Tobago: The Caribbean Court of Justice (CCJ) has ruled that Rock Hard Cement does not have to pay more than a 5% tariff on imported cement. The regional court was ruling on the duty liable for ‘other hydraulic cement,’ according to the Jamaica Gleaner newspaper. Rock Hard Cement’s competitor Trinidad Cement and its subsidiaries had argued that such imports be liable to a 60% import rate that the importer had previously paid due to Barbados’ exemption from the region’s Common External Tariff (CET) in 2001 and its subsequent re-entry in 2015.