Displaying items by tag: Legal
Nigeria: A Federal High Court in Lagos has adjourned legal action by Dangote Cement against Ibeto Cement until 1 November 2016 pending a decision of the Court of Appeal. Dangote Cement is alleging that Ibeto Cement evaded paying taxes on imports of cement to give itself a ‘unfair’ advantage in 2008, 2009 and 2010, according to the National Mirror Newspaper. It is also seeking an injunction against the Ibeto Cement and other defendants in the case from importing cement into the country unless approved by the appropriate authority under the current tax rules.
However, the Federal Government is alleging that Dangote Cement is attempting to minimise its competition. Other defendants in the case also include: IBG Investments Limited, Derima Venture Limited, the Federal Republic of Nigeria, Attorney General of the Federation, Federal Ministry of Finance, the Federal Ministry of Trade and Investment, the Board of Customs and Excise, the Federal Inland Revenue Services and the Nigerian Port Authority.
Slovenia: LafargeHolcim will pay Euro270,000 in compensation to farmers in the Zasavje region, who claimed that pollution damaged their land. LafargeHolcim settled with the farmers before a long running court case ordered three other companies to pay up to Euro1.17m each, according to the Slovenian Press Agency. The farmers presented measurements showing permitted emissions had been exceeded by 10-fold or in some cases even 100-fold between 1991 and 2002, alongside evidence of declining yields and animal reproduction rates, as well as damage to orchards and forests. The other companies involved in the case were the Termoelektrarna Trbovlje (TET) thermal power plant, the Steklarna Hrastnik glassworks and the TKI chemicals factory.
Foreign workers charged at Siam Cement-CITIC Heavy Industries plant project in Myanmar
10 October 2016Myanmar: Five foreign workers at Mawlamyine Cement, a cement plant being built by Siam Cement and CITIC Heavy Industries, have been charged for violating visa regulations. The workers failed to report the initial arrival of 11 of their colleagues’ to the local immigration authorities, according to the Myanmar Times. Four Chinese and one Thai citizen have been charged with violating three sections of the Registration of Foreigners Rules of 1948 which require the registration of foreigners with relevant immigration officials within 24 hours of arrival at a hotel.
Siam Cement and CITIC Heavy Industries signed a deal in 2013 to build a 5000t/day plant for US$197m. The plant is expected to become operational later in 2016.
ARM Cement secures US$140m from CDC Group
07 October 2016Kenya: ARM Cement has completed an equity deal to secure US$140m in funding from CDC Group. The investment is believed to be the largest equity deal in Kenya and East Africa in 2016, and one of the largest equity deals in Kenya to date. The cement producer intends to use the investment to build a new cement plant in Kitui County.
“This deal is indicative of the increased infrastructure development in the East African region. The demand for quality and sustainably produced cement has never been higher, and this deal capacitates ARM to meet this demand head-on. The deal is good news as it is expected to create jobs due to increased production and opportunities all along the supply chain,” said Paras Shah, a partner with Bowmans Kenya, the firm that advised ARM on the legal aspects of the transaction.
Cemex Latam clears interim land rights for Maceo project
04 October 2016Colombia: Cemex Latam has secured an interim contract with the government for its cement plant project in Maceo, Antioquia. The temporary solution will last until the end of an investigation into the irregular acquisition of the land, tax-free area and mining rights for the factory by Cemex Latam Holdings in 2012, according to the El Espectador newspaper. The company also intends to negotiate an extension of the lease contract, as per its original plans, in order to commence operation of the plant in early 2017.
An internal probe into the land deal found that irregular payments of US$20.5m had been made to Eugenio Diaz Correa, an individual connected to the deal. Cemex has fired Edgar Ramirez, vice president of planning, and Camilo Gonzalez, head of legal department, as part of the investigation and Carlos Jacks, the company's regional director, resigned. Cemex Latam has hired an external audit team and legal representatives in the case that was passed on to the Attorney General's Office of Colombia.
Colombia: Cemex Latam has dismissed its Vice President for Planning and the General Attorney for its Latin American and Colombian units following an investigation into US$20m payments related to a cement plant being built in Maceo, Antioquia Province, Colombia. In addition, the unit’s chief executive officer has resigned in connection to the probe, according to Bloomberg.
The South American subsidiary of Cemex found payments of about US$20m had been made to a non-government individual for land and mining rights, and benefits related to a tax-free area where the Maceo cement plant is being constructed, according to a regulatory filing released by the Colombian financial regulator. Cemex has informed the Colombian prosecutors of the results of its internal probe.
Fecto Cement issued US$4m fine for ‘illegal’ mining
03 August 2016Pakistan: The Capital Development Authority (CDA) has cancelled the mining lease for Fescto Cement and issued a fine against it of US$4m for illegally operating in the Margalla Hills National Park near Islamabad. The CDA has also requested that the local explosives inspector ask the cement producer to remove explosives dumped in the park area and it has asked police to take action.
A report by the CDA says that the cement producer’s 30 year lease was extended for another 18 years by the director of the Industries and Mineral Development department of the Islamabad Capital Territory in June 2012. However, a forestry director raised objections to the extension.
India: LafargeHolcim has received the approval of the Cabinet Committee on Economic Affairs to simplify its corporate structure. The transaction has already been approved by all other stakeholders, including independent directors, minority shareholders, the Securities and Exchange Board of India, stock exchanges and respective High Courts in India. LafargeHolcim is now awaiting formal communication from the Foreign Investment Promotion Board in order to close the transaction.
Through intragroup restructuring, LafargeHolcim will increase its shareholding in Ambuja to 61.14%. Ambuja, in turn, will acquire LafargeHolcim’s 50.05% stake in ACC Limited.
The transaction will be effected through a merger of Holcim India Private Ltd. (HIPL), a wholly owned financial holding subsidiary, with Ambuja. In a two-stage deal, Ambuja will first acquire, through a purchase, a 24% stake in HIPL for a cash consideration of US$521m, followed by a stock merger between HIPL and Ambuja. As part of the merger, LafargeHolcim will receive 584 million new equity shares of Ambuja resulting in an increase of its ownership in Ambuja from the current 50.28% to 61.14%.
Israeli court enters Lev Baron cement import row
04 July 2016Israel: The Supreme Court has posted a temporary injunction preventing the Israel Ports Development & Assets Company and the Ashdod Port Company from halting the cement imports of Lev Baron Commodities. The injunction was imposed in response to an appeal by Lev Baron against Israel Ports and Ashdod Port, according to Israel Business Arena. The move by the court is the latest in a battle between Lev Baron and Israel Ports over the terms of their relationship.
Lev Baron imports cement into Israel, mainly from Cyprus and Turkey. In 2015, it imported 800,000t of cement and is expected to reach 900,000t in 2016. Lev Baron’s imports account for 14% of the cement supply in Israel and the Palestinian Authority.
India: Malabar Cements will restart operations at its Cherthala cement grinding plant following approval from the Kerala High Court. The cement producer says its has been granted permission to produce Portland Pozzolana Cement (PPC) using clinker, gypsum and fly ash at the plant. Previously the Bureau of Indian Standards objected to the cement producer manufacturing PPC.