Displaying items by tag: Legal

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.

Brazil: 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.

Uganda: 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.

Trinidad & Tobago: The council of trade ministers in the Caribbean Community (CARICOM) has agreed to the classification of Rock Hard Cement’s products in Trinidad. Rock Hard Cement has faced legal action from its competitor Arawak Cement about the designation of its products and the tariffs they incur, according to the Barbados Today newspaper. The matter will be referred to the Caribbean Court of Justice (CCJ) in June 2019 for final arbitration.

Trinidad Cement, the owner of Arawak Cement, took legal action against Rock Hard Cement in the CCJ alleging that the cement importer was misclassifying its products as ‘other hydraulic cement’ instead of ‘Portland cement-building cement grey’ leading to a lower import duty. However, the World Customs Organisation and CARICOM’s Council for Trade and Economic Development (COTED) have both ruled in favour of Rock Hard Cement. As such it only incurs a tariff of up to 5%. Rock Hard Cement said that it expects the CCJ to uphold COTED’s ruling in June 2019.

France: Eric Olsen, the former human resources chief of Lafarge says that charges of financing a terrorist organisation by have been dropped against him. French prosecutors have been investigating Lafarge’s conduct in Syria, according to the Agence France Presse. In late 2017 Olsen and two other former executives were charged with ‘financing a terrorist organisation’ and ‘endangering the lives of others’. The second charge still stands against Olsen although he is reportedly challenging it.

The investigation is attempting to determine whether LafargeHolcim’s predecessor company Lafarge Syria paid terrorist groups in Syria during its civil war and how much managers knew about the situation.

Taiwan: Taiwan Cement has reassured the public about the quality and safety standards of its cement and other products. It follows fraud charges being issued to a former government official for supplying raw materials mixed with industrial waste to the cement producer, according to the Taipei Times. Taiwan Cement says it is conducting inspections on all raw materials, including taking random samples of the top and bottom layers of delivery trucks from suppliers.

Lai Chin-kun, a former Hualien County Council speaker, secured local government contracts for his family’s companies to dispose of industrial waste, including industrial byproducts and inorganic debris from electroplating, optoelectronics and display panel manufacturers and pulp paper processing companies. Another family company won a contract with Taiwan Cement in 2010 to supply limestone, clay, sand and other raw materials required for cement production.

Prosecutors allege that when supplying raw materials to Taiwan Cement, Lai instructed company drivers to fill the bottom half of the trucks with industrial waste and place natural materials, such as clay, sand and limestone, on the top half to fool inspectors. Lai reportedly made US$14.1m from the scheme from 2010 to 2015.

India: Braj Binani, the owner of Binani Industries and the former owner of Binani Cement, has been prevented from travelling to the UK by Indian immigration officials. Punjab National Bank (PNB) issued a so-called lookout notice to prevent debt defaulters leaving the country, according to DNA Money. The notice was issued following Binani’s failure to attend a Kolkata Bench of the National Company Law Tribunal (NCLT) on 20 January 2019.

Binani Industries had stood guarantor for a US$42m loan taken out by a subsidiary but then left unpaid. Binani Cement was acquired by UltraTech Cement in late 2018 following a legal battle with Dalmia Bharat.

Philippines: The Department of Trade and Industry (DTI) has issued supplemental guidelines for the certification of cement. The regulations require producers or importers to follow conditions set by the Bureau of Philippine Standards (BPS), according to the Manila Times newspaper. The new rules require producers or importers to post a bond ahead of trading. Non-compliance with the certification rules can then lead to a forfeit of some or all of the bond. Not following the regulations can also lead to a producer or importer being prevented from supplying, distributing, selling or displaying their products. The new rules specify that an importer should apply for a statement of confirmation (SOC) on a per product, per shipment, per bill of lading basis prior to its distribution in the market.