Translated material
"Rusal" calls in New York
The company was filed with a lawsuit against 2.8 billion dollars BFI on March 16 filed a lawsuit in the New York court against Russian Aluminius. However, the Rusal consider the lawsuit against the company, as well as the fraternal aluminum factory, Rusal America Corp. and Dayson Holdings in the amount of 2.8 billion dollars of the non-indispensable trial of New York. BFI accuses Rusal of conspiracy with the highest officials of Nigeria during a privatization of 77.5% of the shares of Aluminium Smelter Company of Nigeria (ALSCON). “We know that the American court has been filed in the American court. The company is currently evaluating the question of its proper delivery. Over the next month, the Rusal position will be formulated about the absence of the jurisdiction of the American court regarding this claim,” the company’s press service said.
According to the BFI claim, Bfi Group was ready to pay 410 million dollars for sale by Nigeria Government for sale, compared to $ 205 million, originally proposed by Rusal, and was declared a “preferred buyer”. Soon, according to the plaintiff, representatives of the Russian company held an “illegal meeting” with Nigeria President Olesugun Obasasjo and a number of other higher officials of the country, after which the government of the country demanded that the BFI Group pay 10% of the application amount within 15 days. Despite the fact that this requirement violated the preliminary contract for the sale of Alscon, refusing to fulfill it, the BFI Group was excluded from the tender, the lawsuit said. The winner was declared Rusal, which increased its offer to $ 250 million.
The date of consideration of the claim has not yet been set. As reported, BFIG won the tender for the purchase of ALSCON in June 2004, and a month later was disqualified for failure to comply with the tender conditions, namely for a non -payment of 10% of the proposed value for a deadline. This dispute between Bfig and the government bodies of Nigeria is currently being considered in Nigerian courts, Interfax reports. Rusal signed an agreement on the purchase of 77.5% ALSCON for $ 250 million at the beginning of this year with the Bureau of Nigeria State Enterprises.
The Government of Nigeria and the German Ferrostaal AG remain minority shareholders of the company, owning 15% and 7.5%, respectively. The amount of the transaction with the Rusal includes payment of shares and the costs of carrying out the drainage of the river necessary to create a transport infrastructure. At the end of the construction and modernization of the plant in the next 3 years will amount to $ 150 million in the end of the construction and modernization, the Russian company previously reported. “Russian aluminum” is included in the top three world's largest aluminum companies, it accounts for 75% of Russian and about 10% of world production of primary aluminum. In West Africa, Rusal also controls the mining complex "Boxing Company Kindia" and the Boxyito-Earth Complex "Fri" in Guinea. Rusal is managed by the company's basic element, entrepreneur Oleg Deripaska.