Financial Times (UK)
August 5, 2004
Kremlin tightens its control over Russia’s economy
By CAROLA HOYOS and ARKADY OSTROVSKY

On July 22, the day that Yukos, the oil company,
warned of its imminent
bankruptcy and its main production subsidiary was
seized by bailiffs,
Vladimir Putin, the Russian president, held a meeting
with James Mulva,
the
chief executive of ConocoPhillips, and Vagit
Alekperov, the Soviet-era
oil
boss who now heads Lukoil, Russia's flagship oil
company.

The president had some good news for Mr Mulva: the
government had just
signed a decree to sell its 7.6 per cent stake in
Lukoil - a private
company which represents the Russian state in major
international
ventures
- and signalled that ConocoPhillips was welcome to bid
for it. Mr Putin
added that he would like to see a more active
relationship between
Russian
and US companies in the energy sector.

Investors and traders were confused: should they sell
Russian energy
stocks
because the country's largest oil company was being
made bankrupt in
violation of shareholders' rights, or should they buy
assets because
foreign companies were moving in?

Of all Russian companies, Yukos has been the most
active in seeking
foreign
investors, while Lukoil has remained cautious about
foreign equity
partners. But with its seemingly contradictory
actions, the government
was,
in fact, sending a clear message: “we rule”.

Having gained almost total political power in the
country, Mr Putin and
his
entourage are proceeding to take control over what
Lenin called the
“commanding heights” of the economy. This does not
mean that Russia is
about to start nationalising private business and
property or that
foreign
investment will dry up. It does, however, mean that
the Kremlin will
decide
who can and who cannot invest in Russia. It will
increase the state's
control over strategic parts of the economy at the
expense of the
oligarchs
who accumulated their wealth through privatisations in
the 1990s.

Although Yukos was on Wednesday given more breathing
space by the
justice
ministry, which allowed it to pay salaries and to
continue operating,
there
is little doubt that the balance of power is shifting
towards more
state-oriented companies such as Lukoil. []

Alexander Radygin, an economist at the Institute for
the Economy in
Transition, --argued in a recent paper that, over the
past four years
of Mr
Putin's presidency, Russia has been moving towards
“state capitalism”
where
power belongs to the bureaucracy rather than to
private business. “The
dominant trends of the past few years have been the
growing expansion
of
property interests of the Russian state, an attempt to
establish
control
over capital flows in the Russian economy and a desire
to make business
dependent on state institutions - despite decisions
about deregulation,
administrative reform and privatisation plans,” Mr
Radygin says.

This trend is most visible in the oil and gas
industry, which accounts
for
almost 20 per cent of gross domestic product,
according to the World
Bank.
While the state, and people who identify themselves
with it, are also
strengthening their positions in banking,
telecommunications and media,
the
attack on Yukos is crucial to both domestic and
foreign investors
because
it shows the limitations of the market economy in
Russia.

Al Breach, chief economist at Brunswick UBS, the
Russian arm of the the
Swiss bank UBS, says: “The Yukos affair demonstrates
that property
rights
mean very little in Russia compared to politics. The
ownership of
assets is
contingent on a political regime. If the regime
changes so does the
property structure.”

The investigation of Yukos's taxes was initially
interpreted by
investors
as a by-product of a political brawl between Mikhail
Khodorkovsky,
Yukos's
key shareholder and former chief executive, and the
Kremlin. Following
Mr
Khodorkovsky's arrest, they continued to buy Yukos
shares believing the
company's integrity was not in doubt. Even when Yukos
was presented
with a
back-tax claim of $3.4bn it was seen as an attempt to
rid Mr
Khodorkovsky
of his wealth. Investors were reassured by Mr Putin's
promise that his
government would do all it could to avoid the company
going bankrupt.

But the justice ministry's actions over the past few
weeks indicate
that
the campaign was not aimed at merely curbing Mr
Khodorkovsky's
political
ambitions or ridding him of his wealth. Taking
financial control of
Yukos,
one of Russia's most dynamic oil companies, was at
least as powerful a
goal.

Mr Khodorkovsky, who is standing trial for fraud and
tax evasion, has
volunteered to give up his shares in Yukos to settle
the tax debt. The
company has offered the government its stake in
Sibneft an oil company,
which would have paid for most of the tax arrears.
Both offers were
ignored. Instead, bailiffs, who are part of the
justice ministry seized
Yuganskneftegas, Yukos's largest production
subsidiary, valued at
$30bn,
and are preparing it for sale to settle the tax bill.
Yevgeny Yasin, a
former economics minister, says: “This is the most
blatant
demonstration
that the attack on Yukos has little to do with taxes
and everything to
do
with re-distribution of property and control over the
oil industry from
independent minded private owners to politically loyal
hands."

Mr Yasin says the Kremlin appears keen to have the
same degree of
control
in the oil industry as it already does in the gas
sector. Unlike the
oil
industry, which was largely privatised in the mid
1990s, the gas sector
has
remained largely in state hands.

The reform of Gazprom, the natural gas monopoly, has
long been seen as
the
litmus test of Russia's commitment to market reforms.
But on the eve of
his
re-election as Russian president in March, Mr Putin
ruled out its
break-up.
The government holds 37 per cent in the company and is
planning to
increase
it to 51 per cent. It will be assisted by Alexei
Miller, who was
appointed
by Mr Putin four years ago as chief executive to
reassert control. Mr
Miller has bought back many of the assets sold or
transferred to other
companies by the previous managers. Now he wants to go
further and
build
Gazprom into a state-controlled, broad energy holding.
The company
already
owns about 10 per cent of UES, the electricity
monopoly, and is in the
process of creating an oil business.

Reform of UES - headed by Anatoly Chubais, the author
of Russia's
controversial privatisations of the 1990s - has also
been put on ice.
According to Mr Chubais's plan, UES should have been
divided into power
generation companies and sold to private investors
while the grid
stayed in
state hands. But Mikhail Fradkov, the prime minister,
has delayed the
sell-offs because of unease over who the buyers might
be. It seems
unlikely
in the present political climate that the government
would allow the
uncontrolled sale of energy assets which could
increase the size of the
oligarchic groups.

While energy remains the backbone of the Russian
economy, the state is
also
strengthening its position in other areas, including
banking. The
banking
sector is still dominated by Sberbank, which has
20,000 branches across
the
country and holds 62 per cent of all deposits. The
central bank is
pushing
ahead with banking reform but it has no plans for
breaking Sberbank's
monopoly. “We shall not even think about what to do
with Sberbank until
2007,” Andrei Kozlov, a deputy chairman of the central
bank, has said.

The recent liquidity crisis in the banking system
shook public
confidence
in private banks and bolstered the position of
Sberbank and
Vneshtorgbank,
both state-owned institutions. Problems at Guta Bank,
which suspended
operations last month, triggered a wave of withdrawals
from private
banks.
Alfa Bank saw an outflow of $240m from retail accounts
in just one
week.
Sberbank reported a net inflow of Rbs10.2bn and
Vneshtorgbank, the
second
largest state bank, not only saw its deposits grow by
9 per cent in
July,
but took over Guta Bank for Rbs1m and assumed its
obligations with
$700m of
assistance from the central bank. Control of the
banking sector gives
the
government the possibility of allocating capital to
any industry of its
choice.

“Sberbank and Vneshtorgbank give credits to Russia's
largest companies
and
have exclusive access to the biggest and cheapest
financial resources -
the
savings of the populations and deposits of the central
bank," Mr
Radygin of
the Institute for the Economy in Transition says.

The state appears equally reluctant to give up control
over the
population's pension savings, despite a provision for
future pensioners
to
transfer some of their savings to a private scheme.
“One gets an
impression
that the real aim of the government was not to reform
the pension
system
but to maximise financial resources under the state
control,” Mr
Radygin says.

Meanwhile, both state-owned and some private companies
are urging Mr
Putin
to exercise tougher control over the market economy.
Last week the
heads of
energy companies Lukoil, Rosneft, Transneft and TNK-BP
said in a letter
to
Mr Putin that “the management and regulation of
economic processes in
the
market economy is a natural and necessary obligation
of the state”.

The principles of “managed democracy” which has
already led to an
almost
total control of political process by the Kremlin, is
now being
extended to
business. The question is who will manage the
commanding heights of the
economy?

One group that seems well placed to benefit from
growing state control
is
the siloviki - people with a background in security
services and the
military, many of whom lost out in the 1990s. Since Mr
Putin's election
as
president, however, they have managed to penetrate
almost every level
of
the political pyramid. Last week Igor Sechin, the
deputy head of Mr
Putin's
administration who is closely associated with the
siloviki, was
appointed
chairman of Rosneft, the state-owned oil company. Mr
Sechin, who acts
as a
gate-keeper for Mr Putin, is widely believed to be one
of the
initiators of
the attack on Yukos. (Mr Sechin's daughter recently
married the son of
Vladimir Ustinov, the prosecutor general, who made the
case against
Yukos
shareholders.)

Mr Sechin's appointment led many analysts to believe
that Rosneft could
become the recipient of at least some of Yukos's
assets. Another
candidate
for Yukos's assets is Surgutneftegas, a company
tightly controlled by
Vladimir Bogdanov, a Soviet-era oil man loyal to the
Kremlin and Mr
Putin.

“Russia is following the path of former Soviet
republics such as
Azerbaijan
or Uzbekistan, where economic wealth is concentrated
in the hands of a
ruling political clan. Putin may not realise that he
is creating a new
oligarchy which, once it has enriched itself, will
pose a considerable
threat to his own authority,” says Olga
Kryshtanovskaya, a sociologist
who
has conducted a study of Mr Putin's political elite.
Mr Breach says:
“We
are moving from a system which was deeply imperfect
but tried to live
up to
the rule of law and market principles, to a system
that is more
political.”

So what are the lessons and implications for foreign
investors? The key
lesson is the lack of respect for property rights.
“What matters is
control
over the cash-flow, rather than ownership,” says Mr
Breach. This poses
a
serious risk for minority investors in any Russian
company. It also
means
that market capitalisation of Russian companies is
likely to remain low
compared with their foreign counterparts.

Although the oligarchs who enriched themselves during
the 1990s
privatisations were far from being at the forefront of
corporate
governance
- many of them diluted minority shareholders's stakes
and siphoned
profits
into private bank accounts - over the past decade they
transformed
outdated
Soviet assets into thriving and increasingly
transparent businesses.
This
was well reflected in the growing market
capitalisation of the
companies.

They have also proved their ability to survive the
tough and often
lawless
conditions of Russian business. The siloviki and state
bureaucrats have
no
such record. They have shown little respect for the
right of minority
shareholders so far - as the Yukos affair demonstrates
- and they may
be
reluctant to open up their business interests to
shareholder scrutiny.

For strategic investors, the trend towards greater
state control of the
economy does not mean the end of foreign investment
and privatisations,
but
implies that any merger or acquisition - particularly
one involving a
foreign company - is impossible without the Kremlin's
approval. The
sale of
assets is likely to take into account the political
loyalty of the
buyer.

Russia will remain an attractive investment for oil
companies looking
to
replace their reserves (see below). But instead of
negotiating with the
company - as ExxonMobil did when it pursued a stake in
Yukos - energy
companies are having to talk directly to the Kremlin -
as
ConocoPhillips
did when it formed a partnership with Lukoil.

Large foreign companies have plenty of experience of
operating in
authoritarian environments, such as the Soviet Union
in the 1970s and
China
today. In the short term, state control of the economy
could provide
stability for foreign companies and reduce their risk
of facing
aggressive
Russian business practices.

In the long term, as Mr Breach argues, any system
based on the
political
allocation of resources is prone to crisis, as the
collapse of the
Soviet
Union demonstrated only too vividly.

Despite machinations, oil companies pursue deals

The moves against Yukos by Vladimir Putin, the
president, have brought
a
new level of uncertainty to Russia's oil sector. But
for the world's
largest international oil companies, the country is
too big a prize to
let go.

Continued turmoil in Iraq, surging demand in China and
dwindling
production
and reserve growth have combined to make oil companies
and consumers
desperate for oil. And Russia is seen as the country
outside Saudi
Arabia
with the most potential to help meet strong global
demand.

Oil executives - most of whom are cautious about
speaking of Russia's
political moves for fear of the Kremlin or giving away
their strategy -
are
uneasy with Moscow's strengthened grip over its oil
assets.
Nevertheless,
they continue to search for opportunities, driven by
fierce competition
over reserves and concerns that the Kremlin will be
likely to allow a
limited number of foreign deals. Outside Russia the
pickings are slim,
with
many oil executives believing that the world's large
fields have
already
been discovered. Many of the remaining reserves lie in
the Middle East,
where regimes such as those in Saudi Arabia and
Kuwait, have kept the
doors
largely closed to international investment.

BP, the world's second largest energy group, is the
only big oil
company
with a corporate deal in Russia - an $8bn joint
venture with TNK. Last
week, BP revealed that its production would have
fallen 7 per cent in
the
first quarter of this year from last year had it not
been for its
partnership; instead it reported overall production
growth of 18 per
cent
in the second quarter. Lord John Browne, BP's chief
executive, last
week
said the Yukos affair had had no impact on TNK-BP and
that “everything
was
going in the right direction”. Analysts say that
ExxonMobil, the
world's
largest energy group, which has a relatively small
presence in Russia,
needs to make the biggest new investment because of
its size. It had
been
looking to link up with Yukos, but analysts now expect
Yukos's biggest
subsidiary to go to a Russian buyer.

Meanwhile, ChevronTexaco has had its eye on Sibneft.
In April, France's
Total retained bankers to advise them on how to get
its hands on a
share of
the company after Roman Abramovich, its largest
shareholder, made clear
his
eagerness to sell.

ConocoPhilips, of the US, is looking to expand its
relationship with
Lukoil, Russia's second largest oil company. The
company says that one
of
its options is to buy the stake the government intends
to sell later
this
year and augment it with shares bought from Lukoil's
top management.

Royal Dutch/Shell, the world's third largest energy
group, already has
its
biggest single direct investment in Russia's Sakhalin
region. “We are
keeping an eye on what happens and are thinking
through whether those
opportunities are available to us.” says Malcolm
Brinded, head of the
company's exploration and production.

The large number of suitors -and a record high oil
price have given Mr
Putin the opportunity to play coy. He did, however,
welcome potential
US
investors when he met James Mulva, head of
ConocoPhilips, last month.
“I
would like to see relations between Russian and US
businesses develop
more
actively,” he said. While Mr Putin has not made it
easy for foreign
investors, industry observers say Russia needs the oil
companies to
develop
its resource base. “Without advanced technology it
would not be
possible
for Russia to reach its full production potential,”
says Stewart
Johnston
of Charles River Associates, industry consultants.

The US has made clear that it wants to form a
strategic partnership
with
Russia to reduce America's dependence on the Middle
East. But Spencer
Abraham, US secretary of energy, has told Mr Putin
that some of his
recent
decisions, including the threat to revoke ExxonMobil's
exploration
license
in eastern Siberia, could dampen US investor interest.
Mr Putin has yet
to
go as far as the leaders of many of the world's
biggest oil-rich states
when they nationalised their oil industries between
1960 and 1980. But
his
slow progress in authorising foreign investment for
oil has delayed
supplies the world needs.




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