Displaying items by tag: Fine

US: Mexico-based GCC must pay US$36.1m in compensation to Bolivia-based Compañia de Inversiones Mercantiles (CIMSA) in their dispute over deal concerning shares in Sociedad Boliviana de Cemento (SOBOCE). A US court issued the latest ruling after refusing to recognise an earlier judgment by a Bolivian court on 10 January 2023.

Milenio News has reported that GCC is expected to appeal the US court's decision.

Zimbabwe: Companies registered in Zimbabwe are now subject to a new penalty framework under which they will face a US$14,200 fine for failure to publish audited full-year accounts within 90 days of the end of the year. Additional fines will accrue at a rate of US$100/day for the subsequent 30 days or less, whereupon the regulator will take further action. Business Weekly News has reported that the Securities and Exchange Commission of Zimbabwe (SecZim) enacted the new rules after Lafarge Cement Zimbabwe failed to fully disclose its acquisition by Fossil Mines in December 2022.

Kenya: The Supreme Court of Kenya has ordered lenders Absa Bank and KCB Group to not seize Savannah Cement's assets or appoint administrators or receivers for it after the producer defaulted on its debts. The producer's debts include US$2.41m in interest and US$110,000 in penalties. The temporary block will stand until the court issues further directions. Business Daily News has reported that the court has ordered Savannah Cement to pay US$81,200 to Absa Bank by 28 December 2022.

Savannah Cement director Benson Sande Ndete alleged that lenders coerced the company into repaying US$40.6m-worth of debt. The law forbids interest payments greater than the principal sum of a loan.

Ndete said, "The firm is working to complete the funding of its Kitui clinker plant project, which will allow it to get all the funds necessary to clear the debts."

US: The Alabama Department of Environmental Management (ADEM) has ordered Holcim US to pay a US$100,000 fine for alleged fugitive dust emissions from its Theodore cement plant in Mobile. Between February and August 2022, witnesses reported multiple dust plumes sighted above the plant, which is situated on the Theodore canal. AL.Com News has reported that, while neither admitting or denying the contentions, Holcim US said that it has taken actions affecting its raw materials unloading processes to ensure compliance.

Plant manager Clay Copeland said “We have worked closely with the ADEM to address concerns raised earlier this year."

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.

Israel: Nesher Cement has been fined US$1.9m for violations of the Clean Air Law at its cement factory in Ramla. The fine was issued for repeatedly exceeding permitted emissions limits, including for mercury/mercury compounds and particulate matter. 22 violations have been recorded since July 2022.

“The recent fine issued against the Nesher Ramla cement plant is a very welcome step forward, but it’s far from enough,” said Knesset member Alon Tal, chairman of the Subcommittee on Environmental and Climate Impacts on Health. “Just a month ago the ministry issued a permit for seven years to the factory, notwithstanding its dubious record as a serial violator of Israel’s Clean Air Law. This makes absolutely no sense.”

Local activists living near the factory were also not satisfied with the value of the fine. “The Environmental Protection Ministry has confirmed that there’s an unusual rate of cancer, especially lung cancer, in Ramla and Lod,” said Benjamin Ruggill, leader of a citizen action group, to local press.

Argentina: The National Commission for Competition Defence (CNDC) has recommended that the Asociación de Fabricantes de Cemento Portland (AFCP) stop sharing information on cement production and deliveries on a provincial basis that is less than 12 months old. Following an investigation into the cement sector the competition body expressed concern about the “exchange of information" between the main local cement producers, according to the Ámbito Financiero newspaper. An official investigation into collusion between the companies that ran from 2016 to 2021 found that they carried out anti-competitive behaviour that led to costs for construction being inflated by US$180m. It concluded that the sector had a, “high degree of concentration, high barriers to entry and reduced competitive dynamics.” The cement industry was previously fined in 2005 when it was found to have acted as a cartel for 20 years from the 1980s.

Mexico: The Mexican Federal Economic Competition Commission (COFECE) has fined Cemex US$89,000 for failing to notify it of a transaction that exceeded the threshold for notification. COFECE also approved the transaction in question.

Cemex has the right to seek legal recourse against the fine.

India: The Securities and Exchange Board of India (SEBI) has fined Jaypee Infratech US$9140 for its failure to disclose its issue of a series of non-convertible debt securities. The company additionally failed to inform the BSE exchange of defaults in payment with respect to some of the series.

Ireland: Irish Cement has been fined Euro225,000 after it pleaded guilty to breaches of local health and safety laws. The legal case related to incident that occurred in April 2018 at the integrated Platin cement plant in Meath. An employee of the subsidiary of CRH was seriously injured when the articulated tractor and trailer unit he was operating toppled over whilst he was tipping a load in the petroleum coke fuel storage yard. An investigation by the Health & Safety Authority concluded that not all appropriate safety measures were in place at the time of the incident.

Mark Cullen, chief inspector with the Health and Safety Authority said, “This is an unfortunate and serious incident that could have been prevented. Employers should ensure that safe access and egress is provided for plant and equipment being used in the workplace to protect employees and others from the hazard and risks arising from vehicles operating in the workplace. It is of the utmost importance that employers should, where risks have been identified, take the appropriate measures and put in place the control measures to eliminate or reduce the risks identified.