Displaying items by tag: SOBOCE
Bolivian Attorney General ready to negotiate over historic nationalisation of Fábrica Nacional de Cementos stake
30 November 2023Bolivia: The Bolivian Attorney General’s Office says that is open to meeting representatives of Sociedad Boliviana de Cemento (SOBOCE) in order to negotiate a ‘better arrangement’ following Bolivia’s nationalisation of a stake in SOBOCE subsidiary Fábrica Nacional de Cementos (FANCESA) by supreme decree in 2010. SOBOCE owes FANCESA US$108m in damages for unfair competition since that time.
SOBOCE said "SOBOCE, together with its shareholders of Grupo Gloria del Peru, will continue to resort to judicial and/or arbitration channels (national or international) for the recognition of their rights. We believe in justice and in the legitimate right that we have, since the Bolivian Constitution guarantees the payment of compensation in case of expropriation."
Bolivian court ‘without jurisdiction’ to rule on cement companies’ claim against government over FANCESA stake
29 November 2023Bolivia: The Permanent Court of Arbitration has found itself ‘without jurisdiction’ to resolve a claim by Consorcio Cementero del Sur, Grupo de Inversiones Gloria Bolivia, SOBOCE and Yura Inversiones Bolivia against the Bolivian government over the nationalisation of a stake in FANCESA. Local press has reported that Bolivian Attorney General’s Office welcomed the finding as a ‘resolution of the case in favour of the Bolivian state.’
Sociedad Boliviana de Cemento rebrands
22 November 2023Bolivia: Sociedad Boliviana de Cemento (SOBOCE) has successfully completed and launched its new brand redesign. The Periódico La Patria newspaper has reported that the company’s new logo comprises two circles forming an S, a ‘harmonious image’ which also implies the infinity symbol. The colour palette is green, because of its association with sustainability.
SOBOCE chief executive officer, Francisco Shwortshik said "SOBOCE has accumulated almost a century of history, in which time it has contributed significantly to the construction of this country, from its monumental works to the homes in which families have invested their dreams. But it also represents the future, a future marked by innovation and sustainability, and we wanted all this to be reflected in our new corporate image.”
Bolivia/Mexico: Compañía de Inversiones Mercantiles (CIMSA) has signed a settlement agreement with GCC in the parties' dispute over a transaction affecting shares in Sociedad Boliviana de Cemento (SOBOCE). Law360 News has reported that the settlement does not preclude GCC´s option to recover the settlement amount from other third parties, if necessary.
GCC failed to grant CIMSA a right of preference before selling its 47% stake in SOBOCE in 2011. The Inter-American Commercial Arbitration Commission (CIAC) subsequently awarded compensation to CIMSA. Since this time, the matter has passed through courts in both Bolivia and the US.
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.
Update on Peru, October 2022
05 October 2022Cemento Yura said it was considering expanding cement and lime production this week. The announcement, made in an interview to business newspaper Gestión, follows a strong second quarter for the subsidiary of Grupo Gloria with clinker production volumes jumping up by 36% year-on-year to 0.51Mt. Overall for the half-year its clinker and cement production rose by 12.8% year-on-year to 0.86Mt and 12.7% to 1.47Mt. The success was attributed to consistent demand from the domestic sector as well as various large-scale mining projects. Julio Cáceres, the commercial director for its Cement, Concrete and Lime Division in Peru, Chile and Bolivia, wouldn’t say where the company was considering heading next, other than that remarking that it was attentive to new markets.
As Cáceres’ job title implies Cemento Yura also operates cement plants outside of Peru. At home it runs one integrated plant in the south of the country near to Arequipa as well as a lime plant at Juliaca. Outside of Peru though it also runs two integrated plants and a grinding unit in Bolivia, via its Sociedad Boliviana de Cemento (SOBOCE) subsidiary, and two integrated plants in Ecuador, via its Union Cementera Nacional (UCEM) subsidiary. The company also has assorted concrete assets. The international aspect to Cemento Yura’s business is interesting given that the larger cement producers in Peru are dominant in different parts of the country with Cementos Pacasmayo in the north, UNACEM (Unión Andina de Cementos) in the centre around Lima and Cemento Yura in the south. Notably, UNACEM also runs a plant in Ecuador and one in Arizona, US. It is also worth mentioning that competition issues have been reported in the local market previously. In mid-2021 Peru’s competition authority, the National Institute of the Defense of Competition and Intellectual Property Protection (INDECOPI), investigated Cemento Yura.
Cemento Yura’s rise in clinker production in the second quarter of 2022 is worth considering because in a previous interview with the local press Humberto Nadal, the chief executive officer of Cementos Pacasmayo, said that importing clinker had become more expensive in 2021. Subsequently, the company started a US$70m upgrade at its Pacasmayo plant to increase its production capacity by 0.6Mt/yr. In its second quarter financial results for 2022 Cementos Pacasmayo directly credited a 27% increase in its earnings on higher operating profits arising from decreasing costs by using less imported clinker. Sure enough data from Association of Cement Producers (ASOCEM) shows that both cement and clinker imports started to fall in October 2021 and have mostly followed a downward trend since then. Clinker imports fell by 41% year-on-year to 0.66Mt from January to August 2022 compared to the same period in 2021.
Graph 1: Cement production in Peru, 2014 – present. Source. Association of Cement Producers (ASOCEM).
Looking at the wider picture in Peru, cement production has stayed fairly consistent since 2014 at around 10Mt/yr. An upward trend probably started in 2019 but then the Covid-19 pandemic cut it off in the first half of 2022 before the market surged back in the second half of that year. 2021 was a good year with production peaking at 12.9Mt. So far the first eight months of 2022 have seen production rise by 5.3% year-on-year to 8.64Mt.
In summary, cement production is rising in Peru, importing clinker appears to have become more expensive for at least one of the producers and some of the larger local companies are investing in new production capacity, considering it or thinking about acquisitions elsewhere. Local clinker producers appear to be in a good place; clinker importers, or those reliant on it, not so much.
Bolivian court annuls Grupo Cementos de Chihuahua damages decision
13 November 2020Bolivia: A court has annulled a decision ordering Mexico-based Grupo Cementos de Chihuahua (GCC) to pay damages to Compania de Inversiones Mercantiles (CIMSA) for its alleged unlawful failure to grant it a right of preference before selling its 47% stake in Sociedad Boliviana de Cemento (SOBOCE). Global Newswire has reported that the company has announced that it will now take action in the US courts against an unfavourable ruling in October 2020.
US court rules in favour of Compañía de Inversiones Mercantiles in Grupo Cementos de Chihuahua Sociedad Boliviana de Cemento sale case
07 October 2020US: A US federal court has upheld the ruling of a Colorado district court that Mexico-based Grupo Cementos de Chihuahua (GCC) must pay around US$36m compensation to Compañía de Inversiones Mercantiles (CIMSA) for failing to grant it a right of preference prior to GCC’s sale of its 47% stake in Sociedad Boliviana de Cemento (SOBOCE).
Peru-based Consorcio Cementero del Sur obtained 100% ownership of Bolivia-based SOBOCE following its acquisition of GCC’s stake in 2011.
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.
Retired workers demand 10% share of Soboce
27 December 2018Bolivia: A group of retired workers who used to work for Sociedad Boliviana de Cemento (Soboce) have asked for a 10% share in the cement producer. They have made their request to the company’s largest shareholder, the businessman and politician Samuel Doria Medina, according to the La Razon newspaper. They were allocated a 10% share in the business in 1975. However, the pensioners allege that Doria Medina cancelled their shares using false documentation. Doria Medina holds a 49% share in the company. He sold the other 51% share for US$300m to Holding Cementero, the largest shareholder of Consorcio Cementero del Sur, which is part of Gloria Group in 2014.