David Wighton: Business Editor’s commentary
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With its tail between its legs, Britain's biggest company is being all but chased out of Russia. BP will try to put a brave face on the retreat of Bob Dudley, still nominally chief executive of TNK-BP, to the safety of an undisclosed location. But it does not look good. When you wish to assert your authority, the best way to conduct business is not by e-mail from an office thousands of miles away.
If BP is to avoid a de facto transfer of management authority to Messrs Fridman, Khan, Vekselberg and Blavatnik, the partners in the AAR consortium, it will need to manufacture a settlement and it is likely to prove expensive. The consortium's actions, if not its words, suggest that its motivation in gaining control of TNK-BP is financial, rather than a keen interest in the oil-bearing sedimentary basins of Siberia.
The Russian partners have attempted to cut the joint venture's capital investment in favour of higher dividends. It seems that the argument is not about control of the helm, but control of the cash box. BP's problem is that it is struggling to keep control of its investment in a country where the law enforcement system is spinning out of control.
Mr Dudley's retreat comes as another foreign investor has exposed evidence of the extraordinary grip that official corruption has taken on Russia. HSBC and Hermitage Capital, the fund-management group run by Bill Browder, have alleged that senior officials in Russia's Interior Ministry stole $230 million from the Russian Treasury in an elaborate scam involving bogus documents and fabricated court cases.
This tortuous fraud began several years ago when Mr Browder was denied a Russian visa after exposing crooked dealings in Gazprom. An opportunistic lieutenant-colonel in the Interior Ministry targeted Hermitage with a blizzard of tax investigations, using these as a cloak to seize company documents and corporate seals, material that he used secretly to take control of several Hermitage companies, replacing directors and shareholders.
A series of court cases were fabricated against the Hermitage companies, which resulted in “judgments” awarded against them. The initial scam failed because the assets of the Hermitage companies had moved offshore, but Hermitage and its trustee, HSBC, have discovered that a second fraud was perpetrated, this time against Russian taxpayers. And it appears to have succeeded. Having “bankrupted” the Hermitage companies with bogus claims, the crooks demanded and apparently received repayment of taxes paid by Hermitage to the Russian Government, an amount totalling $230 million.
During the five years since BP entered into the TNK-BP joint venture, the company has been at pains to insist its Russian venture was unlike those that suffered official harassment, such as Shell and ExxonMobil. It was suggested that BP had the President's ear and his blessing. Perhaps it did, then.
Unfortunately, for BP, the man who is no longer President has left a legacy of judicial chaos in which every corner of the Russian administration is packed with bureaucrats waiting to be suborned. Even now, foreign investors prefer to turn a blind eye and make excuses, suggesting that it is petty officials who are the problem. That is no longer credible. Even in a Treasury swollen with billions of petrodollars, it is not possible that $230 million can be paid without scrutiny. It is becoming clear that Russia no longer has a functioning system of government. That is a worry not only for BP.
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Why wouldnt these civilized gentlemen and honorable businessmen from BP go to court (Russian, European or international)? Maybe they dont do that because their accusations would never stand up in court? At least they can go to journalists and complain about this horrible, communist (???) Russia
Maria, USA, Russia
it never ceases to amaze me that big corporations are qucik enough to invest in what any layman might consider to be an unstable market for the potential of a fast buck, and yet when it all goes horribly wrong they seems surprised. How much third world debt has been written off and from where?
bobkins, basingstoke, uk
Clearly the Europeans, with their alleged vast "experience" and "more civilized" attitudes, have once again failed to learn from the USA. In the words of the great Ronald Reagan, in all dealings with Russians, "TRUST, BUT VERIFY"!!!
Peter Ball, Washington, DC, USA
We should be wary of dealing with the Russians both over there and the oligarchs here. I doubt that people like Abramovich will do us any good in the long run. Do we really need them living in the UK?
David (Barclays pensioner), Poole,
Goes to show, you don't need good Government and good governance if you've got the oil.
Is Russia aspiring to be the new Nigeria?
Alex, Tunbridge Wells,
Who in their right mind is going to invest in Russia when the Russians seem to act more like conmen out to dupe the unsuspecting foreign companies ?. I hope that many foreign companies pull out until such time as there is a proper and bona fide Government who enforce the laws.
alex, london, uk
Money over principles happens. Get over it.
Dave, Aberystwyth,
Call it what you will, the current Russian government has over 70% approval rating with its citizens
Perhaps you are right and 142 million Russians are wrong !
Hardly.
NMB, California, USA
neither has the UK a functioning system of government, otherwise the authorities would intervene more forcefully to ensure that contracts are enforced. Also bit odd how the welcome mat has been rolled out to the 'Oligarchs'
Carlos Kleiber, London, UK
Rather obvious for some time now. Tricky for the UK Stockmarket too.
Probably better to cut our losses and kick the Russians out of the Footse before UK investors lose their shirts.
Sovereign corruption cannot be regulated.
Brian Anderson, Edinburgh,
So long as big companies are run by small minded fools, they will always be prey to the crooks and greedy; isnt that how they got to be big companies? Will Gordon Brown send a gunboat to get the money back?
M.Burns, Prayssac, France
Another way to look at it is that the Russians have started behaving like the Americans. Malicious prosecution of foreign companies? Rousting by secret police? Foreign policy designed to strengthen the national economic interest? The USA is not the only nation entitled to do these things.
Tom Welsh, Basingstoke,
What is really becoming clear, Mr Wighton, is that Russia is no longer prepared to be patronised by Western "business gurus" who have done nothing but landed it in a mess ever since the collapse of the Soviet Union.
Nick, Moscow , Russia
From what is known, rather than speculation, rumor and gossip, it appears that only a tiny few of the many, many foreign-owned companies in Russia have any troubles dealing with the various levels of government. Possibly the report indicates a natural bias or slant towards UK companies.
John Bannerman, Toronto, Canada
A friend of mine had a similar experience with big business is Canada. He'd all the assurances, good faith, hopes, dreams, plans, cars, homes, research, development, wives, friends, law enforcement, and military with him. Sadly, at the border it all went wrong and he was left 'a beggar the border'.
Mesta, Colorado,
Never ever trust a communist.
I have a golden rule I follow, I never invest anywhere where there are communists. In the later years I have added to this rule also never to invest where there are islamists.
Bjorn, Europe,
Andrewsan, Japanese companies have been profiting off of the United States at the expense of Americans for decades? I assume this is okay for you? US deserves it, right? As far as Russia is concerned, they agreed to this foreign venture with BP and should act accordingly.
Mary, Suwanee, US
Europe needs to do the same thing as the US needs to do, and that is to begin the process of drastically diminishing demand for oil and gas. Then we can get what little we need from Norway , Britain, and Canada. Let the Russians sell their outdated fuel to the Chinese.
Ian, Wahington, DC
BP are blind or naive or both. Anyhow, how would you feel if Rosneft was profiting from British Oil? It seems to me that The Russian system of Governement is working very well - for Russia!
Andrewsan, Yokohama, Japan
The consulation in these situations is that when so much is gained so easily, they never know when to stop and uncontrolled greed turns in on itself.
Wait about four or five years and mysterious assinations begin without end, it is their way of life so let them get on with it.
KGB v KSV.
Ken.H, Harrow, UK
BP turned their eyes away when the Russians were using the legal system to rob their rivals. They were too stupid to realise that the croccodile is never satisfied, it merely waits until it is ready for the next victim. BP forgot the oldest rule in business - caveat emptor
Christopher Holland, Canberra, Australia
Nationalisation is "Back", youcannot Re-invent the wheel! Look at "South America" we live in a fast changing world, sadly UK Ltd is a "Tortoise"! owned by everyone who isn't "British"!
Paul, Newtown, Powys, UK
Russia under Putin, and his puppet President , is indeed has parts as rotten as they were under former dictators of USSR. Except, at that time they did not have the windfall huge income from high oil prices, and there was a minimally functioning group-rule; the politburo, not a one-man dictatorship.
John, Atlanta, GA, USA.