Lafarge SA, Lafarge Cement Syria and their current or former executives

<p><strong><u>Regarding the indictment of Lafarge, Lafarge Cement Syria and their current or former executives by the investigating judges<br />
</u></strong><strong>September 21, 2016</strong>: The Ministry of Finance files a complaint with the public prosecutor of the Paris High Court for a “customs offense.”<br />
<strong>November 15, 2016</strong>: Following the article “Syria: Lafarge’s murky arrangements with the Islamic State” published in Le Monde, eleven former Syrian employees, Sherpa and ECCHR file a criminal complaint with civil party application in Paris against Lafarge, Lafarge Cement Syria, and their current and former executives for “financing of a terrorist enterprise,” “complicity in war crimes” and “complicity in crimes against humanity” committed in Syria, and a series of serious violations of labor law.<br />
<strong>June 9, 2017</strong>: The prosecution requests the investigating judge to investigate the facts, including the financing of a terrorist enterprise, subjecting several persons to working conditions incompatible with human dignity, and endangering the lives of others.<br />
<strong>June 22, 2017</strong>: The prosecutor requests that the embargo violations reported by the Ministry of Finance be joined to the investigation.<br />
<strong>In December 2017</strong>: Six former executives of Lafarge and Lafarge Cement Syria are charged with “financing of a terrorist enterprise” and “deliberately endangering the lives of others.” Some of them are also charged with “violation of the European embargo on Syrian oil,” namely Eric O. and Bruno L., former Managing Directors of Lafarge; Bruno P., CEO of the Lafarge Syria subsidiary between 2008 and 2014, and his successor, Frédéric J.; Jean-Claude V., Security Director of Lafarge; and Christian H., Deputy Director of Lafarge.<br />
<strong>In March and May 2018</strong>: Lafarge’s Human Resources Director, Sonia A., and the former Security Director of LCS, Jacob W., are charged with offenses similar to those of the individuals charged in December 2017.<br />
<strong>May 9, 2018 </strong>: Sherpa and ECCHR submit a legal memorandum to the investigating judges seeking to extend the indictment to charges of “complicity in crimes against humanity,” which had until then been excluded from the judicial investigation.<br />
<strong>June 28, 2018: </strong>The legal person Lafarge SA is indicted on charges including <strong>“complicity in crimes against humanity,” “financing of a terrorist enterprise,” “violation of an embargo” and “endangering the lives of others”</strong>, in accordance with the prosecution’s submissions of June 27, 2018. The investigating judges order the company to deposit €30 million with the judicial authorities as security in anticipation of a possible trial.</p>
<p><strong><u>Regarding Lafarge SA’s appeal against its indictment<br />
</u></strong><strong>November 7, 2019:</strong> The Investigating Chamber of the Paris Court of Appeal upholds the charges against nine Lafarge executives and against the company Lafarge itself for <strong>“financing of terrorist activities,” “violation of an EU embargo” and “endangering others”</strong>. However, the Court overturns the charge against the company of “complicity in crimes against humanity,” finding that Lafarge’s “arrangements” with the Islamic State were aimed at keeping the plant running and not at associating itself with the crimes perpetrated.<br />
Sherpa and ECCHR file an appeal against the decision with the Court of Cassation seeking to have the charge of “complicity in crimes against humanity” reinstated.</p>
<p><strong><u>Regarding the appeal by Sherpa and ECCHR on the charge of “complicity in crimes against humanity”<br />
</u></strong><strong>September 7, 2021: </strong>The Court of Cassation rejects the charges of “endangering others” and holds that <strong><em>with regard to the establishment of the charges of “complicity in crimes against humanity”:<br />
</em></strong>“It is sufficient that he [the accomplice to a crime against humanity] has knowledge that the principal perpetrators are committing or are about to commit such a crime against humanity and that, through his aid or assistance, he facilitates its preparation or commission.”<br />
“The company Lafarge (…) had precise knowledge of the actions of this organization, which were likely to constitute crimes against humanity. (…) The knowing payment of a sum of several million dollars to an organization whose purpose is exclusively criminal is sufficient to establish complicity by aiding and abetting. […] the prosecution of complicity in crimes against humanity does not require that the accomplice intended to associate himself with or contribute to such crimes;<strong><u> it is sufficient that the accomplice knowingly provided support to the perpetrator of those crimes </u></strong><strong><u>”<br />
</u></strong><strong>May 18, 2022: </strong>On remand, the Investigating Chamber of the Paris Court of Appeal finds that there are close links between France and Lafarge’s Syrian employees and upholds the indictment of Lafarge for “complicity in crimes against humanity” and “deliberately endangering the lives” of its Syrian employees. Lafarge again appeals to the Court of Cassation.<br />
<strong>March 14, 2023</strong>: The Criminal Chamber of the Court stays the proceedings and <strong>requests an opinion from the Social Chamber on </strong>whether the indictment of Lafarge for “endangering the lives of others” should be maintained. In particular, it asks whether the provisions of Articles R.4121-1, R. 4121-2 and R. 4141-13 of the Labor Code can be regarded as overriding mandatory provisions, that is, mandatory provisions whose observance is regarded by a country as crucial for safeguarding its public interests, within the meaning of the Rome I Regulation.<br />
<strong>July 4, 2023</strong>: The Social Chamber finds that the provisions protecting worker safety in Articles R.4121-1, R. 4121-2 and R. 4141-13 of the French Labor Code are in the public interest but do <strong>not </strong>constitute overriding mandatory provisions within the meaning of Article 9 of the Rome I Regulation on the law applicable to contractual obligations. The case is sent back to the Criminal Chamber.<br />
<strong>January 16, 2024</strong>: The <strong>Court of Cassation definitively quashes the indictment of the company for “endangering”</strong> its Syrian employees. It upholds the indictment of the company for “complicity in crimes against humanity” and “financing of a terrorist enterprise.”</p>
<p><strong><u>Regarding the charge of “financing of terrorism”<br />
</u></strong><strong>June 22, 2023</strong>: The investigating judges notify the parties of the closure of the investigation into terrorist financing. The investigation into “crimes against humanity” <strong>continues</strong>.<br />
<strong>On </strong><strong>February 9, 2024:</strong> The PNAT requests that Lafarge SA and nine individuals be committed for trial before the Criminal Court for financing terrorist groups and violating international embargoes.<br />
<strong>October 16, 2024: </strong>The investigating judges order that Lafarge SA and eight individuals, including four former executives, be committed for trial before the Criminal Court for terrorist financing and violation of an embargo. However, the group’s former senior executive, who had been indicted since the beginning of the case, is not committed for trial and benefits from a dismissal order.<br />
<strong>From November 4 to December 9, 2025 </strong>: Trial before the<strong> Criminal Court.<br />
April 13, 2026:</strong> The company and four of its former executives are found guilty of having financed terrorist groups to the tune of €5.5 million between 2013 and 2014. <span data-contrast="none">The court imposed the maximum fine on the company, and prison sentences ranging from three to six years on the former executives</span><span data-contrast="none">.</span><span data-ccp-props="{}"> </span><span data-contrast="auto">Four other individuals were also convicted: two local security officials and two intermediaries, including Syrian businessman Firas Tlass. </span>Several defense lawyers, including those of Bruno Lafont and Christian Hérault, have announced their intention to appeal.</p>
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<p><strong>Who are the civil parties?<br />
</strong><strong>March 20, 2018</strong>: The former Chairman and CEO of Lafarge SA, Bruno L., asks the investigating judge to declare inadmissible the complaint with civil party application filed by Sherpa and ECCHR.<br />
<strong>April 18, 2018</strong>: The investigating judge issues an order declaring Sherpa and ECCHR admissible. The former Chairman and CEO appeals this decision.<br />
<strong>October 24, 2019: </strong>The Investigating Chamber of the Court of Appeal declares inadmissible the civil party applications of the associations Sherpa and ECCHR. Sherpa and ECCHR appeal to the Court of Cassation.<br />
<strong>September 7, 2021: </strong>The Court of Cassation upholds the inadmissibility of Sherpa as a civil party on all charges and the inadmissibility of ECCHR on all charges except the charge of “complicity in crimes against humanity.”<br />
<strong>September 1, 2022</strong>: Sherpa files a civil party application by way of intervention.</p>
<p><u>Regarding the civil party applications of Life for Paris<br />
</u><strong>January 29, 2018 </strong>: Life for Paris, an association of victims of the November 13, 2015 attacks, joins the proceedings as a civil party before the investigating judge.<br />
<strong>September 7, 2021: </strong>Following an appeal by Lafarge’s former Chairman and CEO, the Court of Cassation declares inadmissible the participation of Life for Paris in the proceedings as a civil party, holding that the victims whom the association brings together did not suffer direct harm as a result of the acts of financing of a terrorist enterprise.<br />
<em>“the victims whom the applicant association brings together <strong>cannot</strong> be regarded as having suffered <strong>direct harm</strong> as a result of the acts of financing of a terrorist enterprise, the only terrorist offense before the investigating judge, so that the association <strong>lacks standing</strong> to exercise the rights of a civil party in the said investigation.”</em></p>
<p><u>Regarding the civil party applications of Yazidi victims<br />
</u><strong>May 9, 2022:</strong> The Free Yezidi Foundation joins the proceedings as a civil party, following a request made in March 2019.<br />
<strong>November 30, 2018:</strong> A group of Yazidi victims join the proceedings as civil parties.<a href="#_ftnref1" name="_ftn1"></a></p>

Admissibility criterion for the victim (association)

non

Sherpa
ECCHR
Free Yazidi Foundaion
11 Syrian victims
2 Yazidi victims

113-2 PC
113-6 PC
113-7 PC
113-13 PC
In the alternative, Articles 689-1, 689-10 and 689-11 CCP

LAFARGE SA is found guilty of financing of a terrorist enterprise and of failure to comply with an international measure restricting economic and financial relations with foreign countries. A fine of €1,125,000 is imposed. It is also ordered, jointly and severally with Bruno Lafont, Christian Herault, Frédéric Jolibois and Bruno Pecheux, to pay a customs fine of €4,570,000. The company must pay all legal costs incurred during the proceedings.

Bruno Pecheux is found guilty of financing of a terrorist enterprise and of failure to comply with an international measure restricting economic and financial relations with foreign countries. He is sentenced to five years' imprisonment, a fine of €225,000 and the confiscation of €182,100. He is also ordered, jointly and severally with LAFARGE SA, Bruno Lafont, Christian Herault and Frédéric Jolibois, to pay a customs fine of €4,570,000.

Frédéric Jolibois is found guilty of financing of a terrorist enterprise and of failure to comply with an international measure restricting economic and financial relations with foreign countries. He is sentenced to three years' imprisonment, two months of which are suspended, a fine of €80,000 and the confiscation of €150,000. He is also ordered, jointly and severally with LAFARGE SA, Bruno Lafont, Christian Herault and Bruno Pecheux, to pay a customs fine of €4,570,000.

Christian Herrault is found guilty of financing of a terrorist enterprise and of failure to comply with an international measure restricting economic and financial relations with foreign countries. He is sentenced to five years' imprisonment, a fine of €225,000 and the confiscation of €476,290.53 and €320,533.77. He is also ordered, jointly and severally with LAFARGE SA, Bruno Lafont, Bruno Pecheux and Frédéric Jolibois, to pay a customs fine of €4,570,000.

Bruno Lafont is found guilty of financing of a terrorist enterprise and of failure to comply with an international measure restricting economic and financial relations with foreign countries. He is sentenced to six years' imprisonment, a fine of €225,000 and the confiscation of €2,475,050.18. He is also ordered, jointly and severally with LAFARGE SA, Bruno Perreux, Christian Herault and Frédéric Jolibois, to pay a customs fine of €4,570,000.

Jacob Waerness is found guilty of financing of a terrorist enterprise. He is sentenced to 18 months' imprisonment and a fine of €20,000.
Ahmad Al Jaloudi is found guilty of financing of a terrorist enterprise. He is sentenced to 2 years' imprisonment and a fine of €20,000.
Amro Taleb is found guilty of financing of a terrorist enterprise. He is sentenced to 3 years' imprisonment and a fine of €60,000.
Firas Tlass is found guilty of financing of a terrorist enterprise. He is sentenced to 7 years' imprisonment and a fine of €225,000.

The civil party applications of SHERPA, ECCHR, AFVT, 13ONE15, FENVAC, Yazda and FIDH are declared admissible. SHERPA and ECCHR are each awarded €30,000 in damages, to be paid in solidum by the convicted persons. AFVT, 13ZONE15 and FENVAC are each awarded €8,000 in damages, to be paid in solidum by the convicted persons.