cemex_6k.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
_______________________
FORM
6-K
REPORT
OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 or 15d-16
UNDER
THE SECURITIES EXCHANGE ACT OF 1934
_______________________
Date
of Report: August 21, 2008
CEMEX, S.A.B. de
C.V.
(Exact
name of Registrant as specified in its charter)
CEMEX
Corp.
(Translation
of Registrant's name into English)
United Mexican
States
(Jurisdiction
of incorporation or organization)
Av.
Ricardo Margáin Zozaya #325, Colonia Valle del Campestre
Garza García, Nuevo León, México
66265
(Address
of principal executive offices)
Indicate
by check mark whether the registrant files or will file annual reports under
cover Form 20-F or Form 40-F.
Form
20-F X Form
40-F ___
Indicate
by check mark whether the registrant by furnishing the information contained in
this Form is also thereby furnishing the information to the Commission pursuant
to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes
____ No X
If
"Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b):
N/A
Media
Relations
Jorge
Pérez
(52-81)
8888-4334
|
Investor
Relations
Eduardo
Rendón
(52-81)
8888-4256
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Analyst
Relations
Luis
Garza
(52-81)
8888-4136
|
CEMEX
WILL SUBMIT A COMPLAINT
SEEKING
INTERNATIONAL ARBITRATION
MONTERREY, MEXICO,
August 20, 2008- CEMEX, S.A.B. de C.V. (NYSE: CX)
announced today that it
will submit a complaint
seeking international arbitration before the International Center for
Settlement of Investment
Disputes following the
Venezuelan Government’s confiscation of assets, deprivation of rights of CEMEX
Venezuela as well as the initiation of the expropriation of CEMEX’s
business.
CEMEX believes the confiscation and
subsequent start of
the expropriation process
is a flagrant violation of the Constitution, Law of Expropriation
and other laws of Venezuela. CEMEX also believes the Venezuelan Government’s
actions highlight a
lack of respect
for the principles of international law and
the treaties relating to reciprocal protection of investments
which forbid the occupation of goods and deprivation
of rights without fair and
effective compensation
and without an expropriation
procedure.
CEMEX has always been respectful of
legally based sovereign decisions, as well as the legal and regulatory
frameworks that exist within the countries in which it
maintains an operational presence, but it has an obligation to its shareholders
to defend its business interests.
After careful analysis,
CEMEX determined that it
could not accept the
compensation proposal offered by the Government of
Venezuela as part of its ongoing process to nationalize its assets.
CEMEX believes that the
offer of US$650 million significantly undervalues its business in Venezuela.
In addition, the offer presented to
CEMEX is lower, proportionally, than the ones offered to the European
cement
companies, considering
value per ton of installed capacity and EBITDA multiple.
CEMEX has always been open to
engage in dialogue
with the Government of
Venezuela and intends
to continue to seek an
equitable resolution for all parties.
CEMEX is a growing global building
materials company that provides high quality products and reliable service to
customers and communities in more than 50 countries throughout the world. CEMEX
has a rich history of improving the well-being of those it serves through its
efforts to pursue innovative industry solutions and efficiency advancements and
to promote a sustainable future. For more information, visit
www.cemex.com.
###
This press release contains
forward-looking statements and information that are necessarily subject to
risks, uncertainties and assumptions. Many factors could cause the actual
results, performance or achievements of CEMEX to be materially different from
those expressed or implied in this release, including, among others, changes in
general economic, political, governmental and business conditions globally and
in the countries in which CEMEX does business, changes in interest rates,
changes in inflation rates, changes in exchange rates, the level of construction
generally, changes in cement demand and prices, changes in raw material and
energy prices, weather conditions, changes in business strategy and various
other factors. Should one or more of these risks or uncertainties materialize,
or should underlying assumptions prove incorrect, actual results may vary
materially from those described herein. CEMEX assumes no obligation to update or
correct the information contained in this press release.
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, CEMEX, S.A.B. de
C.V. has duly caused this report to be signed on its behalf by the undersigned,
thereunto duly authorized.
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CEMEX, S.A.B. de C.V.
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(Registrant)
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Date:
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August 21, 2008
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By:
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/s/ Rafael Garza
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Name: Rafael Garza
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Title: Chief Comptroller
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