
Displaying items by tag: Legal
Wagners expects US$7m hit from supply row with Boral
24 April 2019Australia: 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.
Cemex Colombia‘s long road to Maceo
17 April 2019Good 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.
EAPCC staff demand jail for directors over pay row
16 April 2019Kenya: Employees of the East African Portland Cement Company (EAPCC) have filed an application at the Court of Appeal to jail the company’s directors for not paying them. The workers argue that, despite both the labour and appellate courts having directed that they be paid, the company directors have failed to comply, according to the Business Daily newspaper. Over 400 workers were awarded nearly US$14m under a 2012 - 2015 collective bargaining agreement (CBA).
Cemex Colombia strikes deal to start Maceo cement plant
15 April 2019Colombia: 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.
Kenya/South Africa: Kenya’s ARM Cement is fighting moves by minority investors in South Africa’s Mafeking Cement to buy it out for a nominal sum. ARM Cement is attempting to sell its 70% stake in the company for around US$3m as part of its administration process, according to the Business Daily newspaper. Mafeking Cement owns limestone reserves in north-west South Africa and ARM Cement originally took a stake in the company to raise investment and eventually build a cement plant.
However, the minority investors have invoked parts of the shareholders’ agreement and filed a court application in South Africa that, if successful, would allow them buy out ARM Cement’s stake for a nominal price less than US$1. ARM Cement’s administrators PricewaterhouseCoopers have taken steps to counter the move.
Investors take action over Cimento Tupi’s debts
09 April 2019Brazil: Investors have started legal action over in Cimento Tupi’s defaulted debts and attempts to merge with its parent company Cimento Santo Estevão. The cement producer defaulted in mid-2018 on payments to foreign investors that hold around US$30m in it, according to the Valor Econômico newspaper. It also stopped paying interest on the debts in 2015.
Other creditors are also working to stop Cimento Tupi’s plans to merge with Cimento Santo Estevão because it would raise the company’s debts rather than cut costs. A court in Rio de Janerio rejected one case although others are on-going elsewhere. Separately, the Agricultural Bank of China is also challenging the cement producer over arrears in a loan worth US$18m.
Cimento Tupi operates one integrated plant at Pedra do Sino in Minas Gerais and a grinding plant in Modi das Cruzes in São Paulo. It has a combined cement production capacity of 2.5Mt/yr but it has been producing half of this since around 2015. Its operating revenue remained stable at US$43m for the first nine months of 2018. However, its loss more than trippled year-on-year to US$76m.
Trinidad & Tobago: Trinidad Cement has asked the Caribbean Court of Justice (CCJ) to make its competitor Rock Hard Cement pay more than a 5% tariff on imports. It follows a ruling by the council of trade ministers in the Caribbean Community (CARICOM) in March 2019 that agreed to a classification of Rock Hard Cement’s products in Trinidad leading to duties of up to 5%, according to the Nation newspaper. The case has been referred to the CCJ for final arbitration in June 2019.
Hima Cement to return land in Tororo to local residents
08 April 2019Uganda: Hima Cement has agreed to return land it acquired in the Mwello Parish of Tororo District to the local residents due to mistakes made by its land agent. The company’s agent, Optima Mining and Minerals, allegedly purchased land from residents who did not hold the necessary paperwork, according to the Daily Monitor newspaper. The agent then intended to apply for a lease on the land from Tororo District Land Board.
Dunstan Ndyaguma, Optima’s managing director, was advised by the commission to obtain a lawyer to learn about the land tenure system in the district. He was also described as a ‘dangerous’ man because he had manipulated local residents in his dealings with them.
Hima Cement, a subsidiary of LafargeHolcim, wants to build a US$250m new cement plant in the area. It has warned that the project may be moved to Kenya instead due to the difficulties in obtaining land.
Bolivia/Mexico/US: The US District Court of Colorado has confirmed compensation of US$36.1m awarded to Bolivian investment company Compania de Inversiones Mercantiles (CIMSA) from Mexico’s Grupo Cementos de Chihuahua (GCC). The arbitration follows a dispute that started in 2011 between CIMSA and GCC about the sales of shares in the Sociedad Boliviana de Cemento (SOBOCE) to Consorcio Cemento del Sur de Perú.
GCC said that it will continue to dispute the ruling and that it would continue to fight the legal case in Bolivia. In 2015 local courts in Bolivia overturned damages imposed by the Inter-American Commercial Arbitration Commission (CIAC) upon GCC.