Displaying items by tag: Legal

US: 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.

US: Union workers at the Keystone Cement plant in Bath, Pennsylvania have started legal action against the company over its sale to HeidelbergCement. The American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) union says that the company must honour its contracts, according to the Morning Call newspaper. It is representing around 132 workers at Keystone’s cement and aggregate operations.

According to the lawsuit, HeidelbergCement’s subsidiary Lehigh Hanson announced in October 2019 that it would not accept or assume the terms of any existing contracts. The union claims that this contravenes a requirement that any new owners or operators of the plant assume the contracts in place at the time of sale. The agreement to sell the plant to Germany’s HeidelbergCement for US$151m was announced in late September 2019. It is subject to regulatory approval.

Pradeep Paunrana’s latest attempt to wrest back control of ARM Cement was dismissed this week in Kenya. Administrators PricewaterhouseCoopers rejected a US$12.5m guarantee to stop the sale to a rival, according to Business Daily newspaper. Paunrana, the former managing director and majority shareholder of ARM Cement, had teamed up with Rai Group to thwart a rival bid for his company from National Cement.

The guarantee was a 20% portion of a full bid of US$63m by Paunrana and Rai Group but the administrators rejected it on the grounds that it had a nine-month time limit. They were reportedly concerned that legal proceedings over ownership of the cement producer could last beyond this. A deal to sell ARM Cement to National Cement for US$50m was agreed in May 2019. However, Paunrana fought back and the courts are expected to deliberate over the issue for some time.

ARM Cement entered administration in August 2018 following a growing loss in 2017 and poor markets in Kenya and Tanzania. At the time the cement producer blamed its poor performance on elections in Kenya causing reduced cement demand, a coal import ban in Tanzania causing production issues at its Tanga cement plant and increased competition in both countries.

The implications of National Cement actually succeeding in its bid for ARM Cement would mean a realignment of the local industry. LafargeHolcim’s subsidiary Bamburi Cement leads the sector by production capacity and market share. It operates one integrated and one grinding plant. Mombassa Cement and then a variety of smaller companies, trail it.

The Devki Group-backed National Cement has steadily been expanding in recent years. In April 2018 it was announced that the International Finance Corporation (IFC) was going to invest US$96m in National Cement and that Devki Group chairman Narendra Raval was going to commit a similar sum towards a new integrated line in Kenya and two new grinding plants in Kenya and Tanzania. More recently it acquired the long-running Cemtech plant project in West Pokot, along with its mineral deposits and licences. If it were able to successfully buy ARM Cement it would become Kenya’s second largest cement producer by market share.

ARM Cement is not the only Kenyan cement producer facing these kinds of problems. The Kenyan government is the majority shareholder East Africa Portland Cement Company (EAPCC) and it has been working on a rescue package for it since early 2019. The local market had similarly negatively affected the EAPCC’s financial performance and it has been attempting to cut its debts. In its case, it has been trying to sell land to pay off its debts but it has faced disputes with local residents. It has also tried reducing its workforce, with varying degrees of success. Its integrated plant at Athi River near Nairobi was reported to be operating at a 50% capacity utilisation rate in late 2018.

Table 1: Cement production in Kenya, 2015 – 2019. Source: Kenya National Bureau of Statistics (KNBS).

Overall cement production in Kenya peaked at 6.7Mt in 2016 and has fallen since. It fell by 2.8% year-on-year to 2.9Mt in the first half of 2019 from 3Mt in the same period in 2018. Consumption fell by a similar amount to production in the first quarter of 2019. Analysts like Knight Frank have blamed this on a slowdown in the real estate market, although it holds up hope for government house building scheme to rescue the situation.

In this kind of market it is understandable that the cement market is rationalising. The World Bank has forecast gross domestic product (GDP) growth of 5.8% in 2019 and better in the years ahead. Whoever is left in the cement business once the corporate dust settles stands to benefit.

Trinidad & Tobago: The Caribbean Court of Justice (CCJ) has ruled that cement sold by Rock Hard Cement can be classified as ‘Other hydraulic cement.’ As such it is subject to a tariff of up to 5% under Common External Tariff (CET). Rock Hard Cement’s competitor Trinidad Cement and its subsidiaries had been arguing that the company’s products be classified as ‘Building cement (grey)’ and be charged a Caribbean Community (CARICOM) tax of 15% when imported into the region, according to the Barbados Today newspaper. The decision by the court is the latest in a series of legal cases between Rock Hard Cement and Trinidad Cement

However, the CCJ also said that recent developments in the cement industry made it appropriate for a study to be performed by the CARICOM Council for Trade and Economic Development (COTED) to assess whether the tariff rate for imported ‘Other hydraulic cement’ ought to be increased to give additional protection to regional cement manufacturers so that these manufacturers might obtain an appropriate level of protection. It also recommended greater collaboration between regional cement producers in undertaking global trade commitments.

Panama: The government is set to look at new regulations for hexavalent chromium (chromium VI) in cement imports. Jorge Azcárraga, the general manager of Cemento Interoceánico said that the authorities are expected to set up a technical forum to discuss the issue, according to the Panamá América newspaper. The issue is being treated separately from newly introduced requirements and standards of cement because it is considered a health issue. It was previously reported that the government was set to introduce testing imports for chromium VI in March 2019.

Colombia: Cemex Latam Holdings has denied that it has an office dedicated to illegal activity following accusations of bribery in the local media. In a statement to the Superintendencia Financiera de Colombia, the company said that its Enterprise Risk Management office “supports the decision-making process by anticipating and coordinating risk management that could make it difficult for Cemex to reach its strategic objectives and identify short, medium and long-term opportunities.” It addd that risk management was an institutional process followed by companies around the world to anticipate and mitigate potential business hazards.

Cemex Colombia has been linked by Semana magazine and other outlets to payments to political figures in return for preferential treatment on construction contracts. The cement producer has also faced a long running investigation by local and US agencies into unusual payments relating to its Maceo cement plant project in Antioquia.

Taiwan: Asia Cement has appealed a ruling by the High Administrative Court in Taipei to revoke an extension of its mining rights at a quarry in Xincheng Township. Its right to operate the quarry was blocked in early July 2019 despite a 20-year extension granted in 2017, according to the Taipei Times newspaper. The cement producer also said it had received signatures from local residents will support continued mining at the site. The quarry supports an integrated plant at Huanlien.

Kenya: Pradeep Paunrana, the former chief executive officer (CEO) of ARM Cement, has challenged the sale of his former company’s assets in Kenya to National Cement. Lawyers acting on behalf of Paunrana, who remains a major shareholder, have filed a petition at the Kenyan High Court, according to the Business Daily newspaper.

ARM Cement was place in administration in mid-2018. Administrator PricewaterhouseCoopers (PwC) later decided to sell the cement producer’s assets in Kenya to National Cement for US$48m. However, a consortium of investors led by Paunrana offered US$63m for the assets but this bid was declined due to a lack of proof of funds and its late submission.

Taiwan: The Taipei High Administrative Court has repealed Asia Cement’s right to operate a cement quarry located in the Taroko National Park. This decision upheld an appeal from Taroko residents and overrules a Ministry of Economic Affairs (MOEA) decision to grant a 20-year extension of mining rights, according to the Taiwan News newspaper. Asia Cement’s previous mining concession expired in late 2017 and the Bureau of Mines, MOEA originally extended it until 2037.

Myanmar: Four local activists have been sentenced to 14 months hard labour for protesting in May 2018 against a new cement plant being built at Patheingyi Township in Mandalay Region. The residents of Aungthabyae, Patheingyi were charged and convicted of Roads and Bridges Law offenses for blocking a road to prevent access by vehicles, according to Radio Free Asia. The activists allege that they were not allowed to testify in court describing the process as ‘totally unfair.’

Around 20 people were injured in 2018 when police fired rubber bullets and tear gas into a crowd protesting against the construction of the Alpha Cement Plant, a joint venture between China’s Anhui Conch and a local company. During the protest, activists blocked factory vehicles and demanded compensation for land they claim they lost when a road was built to support the plant. Police said that over US$40,000 worth of damage was caused at the site. The cement plant is scheduled to be commissioned in 2021.