Displaying items by tag: Cemex Colombia
US lawsuit dismissed relating to Cemex Colombia Maceo plant
12 February 2020US: 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.
Cemex Colombia accused of making donation to presidential campaign in return for favours
27 June 2019Colombia: 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.
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.
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.
Former vice president of Cemex Colombia facing legal action in US
22 November 2018Colombia/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.
Colombia: Cemex Colombia has been fined US$429,000 for taking groundwater from the Tunjuelo River without permission. The sanction of the District Department of the Environment of Bogotá imposed the penalty, according to the La Republica newspaper. However, the settlement exonerated Cemex of causing any environmental damage. The company says it does not plan to file any legal appeal for the sanction.
Colombia: Édgar Ramírez Martínez, the former vice president of planning for Cemex, will be detained in prison as part of an ongoing investigation into alleged irregularities in the acquisition of land at Maceo in Antioquia for the construction of a cement plant. The prosecutor’s court has also issued a detention ticket for Camilo González Téllez, former vice president of planning for Cemex Colombia, who is currently in the US, according to Noticias Financieras. Eugenio Correa Díaz, the former representative of CI Calizas y Minerales, which sold the property to the cement producer, will also be detained.
The former employees of Cemex 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.
Colombia: Cemex Colombia, LG and the mayor of Ibague say that they have started technical economic and legal studies studies to support building a solar plant near Ibague in Tolima. The unit will supply energy to the Caracolito cement plant and lighting systems in the nearby city, according to Valora Analitik. The solar plant will be located on a 56-hecatre site owned by the Mayor’s Office on the Doima - Buenos Aires highway.
Cemex Colombia to grow additives production in 2018
29 June 2018Colombia: Cemex Colombia plans to grow its additives production to 9.7ML in 2018. The building materials producer says it is the only local manufacturer of producing aggregate, cement and additives, according to the La Republica newspaper. It produces additives to enhance the properties of cement and concrete. It also supplies additives to other companies with around 11% aimed at third parties in Latin America.
Council of State confirms fine for Holcim Colombia
25 June 2018Colombia: The Council of State has confirmed a US$0.31m fine to Holcim Colombia imposed by the Superintendent of Industry and Commerce (SIC) for fixing the price of cement. The ruling follows a similar confirmation of a fine to Cemex. The court found that an agreement between Cemex Colombia, Holcim Colombia and Cementos Argos distorted the price, supply and sales of Ordinary Portland Cement in the second half of 2005.