Displaying items by tag: Investigation

Syria: A report into the alleged activities of Lafarge Syria, now part of LafargeHolcim, claims that the company paid a total of US$5.6m to a number of local factions in Syria, including to the Islamic State group, between July 2012 and September 2014. The report by the US consultant Baker McKenzie in collaboration with PricewaterhouseCoopers was first reported upon by the French satirical weekly Le Canard enchaîne (The Chained Duck).

According to Le Canard enchaîne, a large portion of the payments were paid to ensure the safety of local staff and the free movement of Lafarge trucks, often blocked by fighters at checkpoints. Groups were also reportedly paid as suppliers, as they controlled access to heavy fuel oil or certain raw materials in part of the region. The document prepared by Baker McKenzie states that the Islamic State group could have collected at least US$500,000. The French Ministry of the Economy took legal action in 2016 on possible offenses committed by the cement group Lafarge by operating a plant in Syria, despite EU bans.

LafargeHolcim has maintained its stance that it ‘deeply regrets and condemns the unacceptable mistakes made in Syria’ and states that it called a central investigation as soon as it became aware of the irregularities. On 14 November 2017, police raided LafargeHolcim's offices in Paris and those of its 9.4% shareholder Groupe Bruxelles Lambert (GBL) in Brussels, Belgium. An investigation into the activities continues.

France/Belgium: French police have searched the Paris offices of LafargeHolcim as part of an on-going investigation into the company’s conduct in Syria. At the same time the offices of Belgium’s Groupe Bruxelles Lambert (GBL) were also searched, according to the Agence France Presse (AFP). Both companies said they were cooperating with the investigations.

A source quoted by AFP said that the investigators are trying to find out if GBL had been aware of Lafarge Syria’s activities in Syria. GBL is a shareholder of LafargeHolcim that held a 9.4% stake at the end of 2016. The investigation as a whole is attempting to determine whether LafargeHolcim’s predecessor company Lafarge Syria paid terrorist groups in Syria and how much managers knew about the situation.

Australia: Adelaide Brighton is investigating a series of transactions to a small number of customers who may have underpaid for the products supplied to them. The cement producer says it is investigating the situation ‘fully’ with the aid of the forensic accountants KPMG. It added that it is possible that an employee of the company is involved.

The company believes, that, based on the evidence so far, it appears that there may have been deliberately hidden underpayments by customers over a sustained period. This may have a negative impact on the company’s 2017 earning before interest and taxation (EBIT), currently estimated to be up to US$11m, less the impact of any recoveries that may be made. Adelaide Brighton has reported the situation to its auditors and will co-operate with relevant authorities as the investigation proceeds.

Costa Rica: Tang Heng, the Chinese Ambassador to Costa Rica, has confirmed that Sinocem China has ended all commercial relations with Sinocem Costa Rica. The statement was made due to an investigation into alleged irregularities and lobbying involving the owner of Sinocem Costa Rica, Juan Carlos Bolanos, and certain officials of state-owned bank Banco de Costa Rica, according to La Nación newspaper. According to Heng, Hangzhou Sinocem Building Materials said in July 2017 that Sinocem China had stopped supplying cement to Sinocem Costa Rica as the latter allegedly purchased cement from other Chinese cement suppliers and continued to use the Sinocem brand on packaging without its permission.

Colombia: The Superintendent of Industry and Commerce (SIC) says that it has found evidence of price collusion from 2010 to 2012 between Cementos Argos, Holcim and Cemex. A report by SIC alleges that the three companies raised the price of Ordinary Portland Cement (OPC) in a coordinated manner, according to the El Espectador newspaper. The producers have been given a time to respond to the allegations and they could face fines of up to US$8m each by the end of 2017.

However, the cement producers have denied the allegations and criticised SIC’s methods. In a response, Cementos Argos described SIC’s analysis of cement prices over a 36-month period as ‘ not appropriate.’ It also pointed out that the regulator had assumed a stable market share between competitors and that its own share had changed between 2007 and 2017.

Philippines: The National Coalition of Filipino Consumers (NCFC) has asked the Department of Trade and Industry (DTI) to investigate alleged sales of substandard cement. The NCFC ran its own investigation and conducted test purchases, according to the Manila Bulletin newspaper, after receiving reports that substandard cement was being sold in La Union, Davao and in Caloocan City. It found expired, mislabelled and unlabelled products.

Philippines: The Philippine Competition Commission (PCC) expects to complete an investigation in alleged violations of competitive practice by the cement industry by 2019. PCC commissioner Stella Quimbo made the comments at a forum on the Philippines Competition Act (PCA), according to the Philippines Star newspaper. The investigation follows a probe earlier in 2017 in which the commission says it found reasonable grounds to proceed based on allegations made by the former trade undersecretary Victorio Dimagiba. According to a legal statement made by Dimagiba, the Cement Manufacturers Association of the Philippines (CEMAP), led by its president Ernesto Ordonez, Lafarge Holcim Philippines and Republic Cement and Building Materials violated the provisions of the PCA by engaging in anti-competitive agreements.

Colombia: The Office of the Attorney General is preparing to present charges against three individuals involved in the sale of property in Maceo, Antioquia to Cemex for a new cement plant project. They are Edgar Ramirez Martinez, the former deputy director of Planning at Cemex, Camilo Gonzalez Tellez, the former legal director of Cemex Colombia and Eugenio Correa Diaz, the representative of CI Calizas, which sold the property to the cement producer, according to the El Tiempo newspaper.

The former employees of Cemex allegedly paid US$13.7m to Correa, despite being aware of the fact that the property, which formerly belonged to the deceased businessman Jose Aldemar Moncada, was in the process of being expropriated over unpaid taxes. It is also alleged that the funds never reached the accounts of CI Calizas, having been primarily used to pay off debts of Aldemar Moncada.

Switzerland: Eric Olsen, the chief executive officer (CEO) of LafargeHolcim, has resigned from the company following the completion of a review into a conduct of a cement plant in Syria. An independent internal investigation concluded that the a number of measures taken to continue safe operations at the plant were ‘unacceptable’ and ‘significant’ errors of judgement were made that contravened the applicable code of conduct. Although Olsen was not found personally culpable or even aware of the misconduct by the board of directors he has resigned to draw a line under the affair.

The review examined allegations that company personnel had struck deals with armed groups and sanctioned parties during 2013 until the plant closed in September 2014. The findings also confirmed that selected members of group management were aware of the situation. Remedial measures announced in March 2017 will be taken including: the adoption of a more rigorous risk assessment process focusing on high risk third parties; introduction of a restricted party screening program and a new sanctions and export control program; as well as continuation of other efforts from an external benchmarking exercise. Eric Olsen and his executive management team will implement the remedial measures supported by the Ethics, Integrity & Risk Committee.

“Although I appreciate that those responsible for the Syrian operations appear to have acted in a manner they believed was in the best interests of the company and its employees, there can be no compromise when it comes to compliance rules and adherence to the standards set out in the company’s code of conduct, no matter what the operational challenges are. We are absolutely committed to ensuring that events like those that occurred in Syria must never happen again at LafargeHolcim,” said Beat Hess, chairman of the board of LafargeHolcim.

Olsen will leave LafargeHolcim on 15 July 2017. Hess will become interim CEO whilst a replacement is found. Roland Köhler, currently an executive committee member with responsibility for Europe, Australia/New Zealand and Trading, will be appointed chief operating officer.

Philippines: Arsenio Balisacan, the chairman of the Philippine Competition Commission (PCC), says that the commission has 90 days in which to conduct an investigation into the local cement industry. It is expected to complete its probe in the first half of 2017, according to the Manila Bulletin newspaper. The investigation period follows the point at which the PCC found reasonable grounds of alleged violations of competitive practice. Potential fines the local industry could face are US$2m for a first offence and US$5m for a second.

The PCC announced in early March 2017 that was preparing to investigate the cement sector for alleged violations of competitive practice following a legal statement by Victorio Dimagiba, the head of Laban Konsyumer – a consumer rights organisation, accusing the Cement Manufacturers Association of the Philippines (CEMAP), LafargeHolcim Philippines and Republic Cement and Building Materials of engaging in anti-competitive agreements.