The
Kremlin's attack on YUKOS, the major Russian oil company--including
the arrest of Chairman and Chief Executive Officer Mikhail
Khodorkovsky, seizure of his shares of YUKOS, and his subsequent
resignation--is a watershed event in post-communist Russia. This
development has negative implications on several levels, and its
ripple effects are far from over. Obviously, President Vladimir
Putin has been listening to those who do not care about Russian
integration into the global economy and who are undermining his
stated goal of doubling Russian gross domestic product by 2008.
The
Kremlin's attempt to dismantle YUKOS will have several long-range
consequences:
- Drying up domestic and foreign
investment,
- Undermining the rule of law,
- Increasing the power of unelected
bureaucrats from secret police and law enforcement,
- Withering sources of funding to democratic
parties and charities, and
- Weakening civil society.
Seizing Complete
Control
Through an orchestrated campaign of leaks and accusations,
the Kremlin has accused Khodorkovsky of preparing for a
constitutional coup by inundating the Duma with his loyalists,
financially supporting opposition political parties, and harboring
presidential aspirations for 2008. The Kremlin was miffed that
YUKOS supported several political parties but did not support the
pro-Putin United Russia party. Furthermore, Khodorkovsky was
considered a part of the Yeltsin-era "crony capitalism"--a
freewheeling combination of politically active billionaire
"oligarchs" and Boris Yeltsin's family members, who are now being
purged. Alexander Voloshin, Yeltsin's chief of staff, whom Putin
retained until his resignation on October 30, 2003, was a political
leader of the Yeltsin "family."
The
St. Petersburg KGB men with whom Putin is siding ("chekists" or
siloviki--men of force) and their associates from the business
world differ with the Yeltsin "family" in their view of politics.
While wrapping themselves in the flag and patriotic rhetoric, they
do not hesitate to misuse law enforcement and the courts to achieve
their goals. Their main goal is to translate power into wealth. To
that end, some in the St. Petersburg faction want to chop up
YUKOS.
YUKOS has become Russia's most successful
oil company. Just a month ago, it merged with Sibneft to form the
world's fourth largest oil company. It introduced Western
accounting standards and management, pioneered shipping Russian oil
to the U.S. market, and launched a private consortium to build a
pipeline from western Siberia to the arctic port of Murmansk. It
has also bought hundreds of millions of dollars worth of U.S. oil
equipment. Over the years, YUKOS paid billions of dollars in taxes
and gave hundreds of millions to charity. It was also the company
most independent from the government, and the attack on YUKOS
suggests that other companies may soon be on the chopping
block.
Abuse of the
Legal System
Politically well-connected businessmen, associated with
government-dominated oil companies and banks, have conspired to
dismantle YUKOS by bringing apparently trumped-up charges of past
irregularities against YUKOS's principal shareholders. In the
1990s, the Russian economy was plagued with lawlessness, and any
consistent retroactive application of today's law would threaten a
majority of Russia's current politicians, bureaucrats, and
businesspeople with long jail terms. Such abuse of the law,
however, causes irreparable damage to the Russian economy, its
court system, and Western and Russian investors.
The
attack on YUKOS has already done multibillion-dollar damage to the
Russian stock market, causing the Moscow RTS index to plunge by
over 20 percent and triggering a massive capital flight. YUKOS
shares plunged 10 percent on the news of Khodorkovsky's arrest
alone. Moreover, by jailing Khodorkovsky and his partner Platon
Lebedev, Putin is sending a clear signal that the Russian state can
be hijacked and its legal system subverted by unscrupulous
bureaucrats, businessmen, prosecutors, and law enforcement
officers. The positive investment climate that Russia had enjoyed
since 1998 has evaporated overnight.
What the U.S.
Should Do
The Bush Administration is facing a dilemma: It wants to
keep Russia as a strategic partner in the war on terrorism and an
alternative source of oil. However, as Russia is moving toward the
destruction of independent centers of power and increasing
authoritarianism, and as the future of economic reform is at stake,
decisive measures may be necessary. Specifically, the Bush
Administration should:
- Re-evaluate its energy dialogue with
Russia until Khodorkovsky is released and an impartial
investigation examines the charges. U.S. companies should not
endanger their stockholders by investing in an unstable
Russia.
- Temporarily
suspend U.S. Export-Import Bank and Overseas Private
Investment Corporation financing of Russian oil and gas projects
with state-owned entities, such as the oil monopoly Gazprom. This
will send a signal that the state cannot abuse its power when
dealing with private-sector competitors.
- Issue a
joint statement by the U.S. Secretaries of Commerce, Energy, and
State expressing concern over the crackdown on the private sector
and abuse of the legal system.
- Provide
U.S. government funding for democracy, free media, and rule of law
projects through National Endowment for Democracy and U.S. Agency
for International Development contractors--activities supported by
YUKOS charities until now--and encourage private charitable giving
to these programs. Support of democracy and an open society in
Russia should not be allowed to die.
Conclusion
With the attack on YUKOS, the ex-KGB faction in the
Kremlin has reverted to state-led repression against private
capital and independent power centers. A crackdown on the
independent media has been going on for three years. The U.S.
should send a strong signal to President Putin that such policies
may cost Moscow America's good will and cause damage in tens of
billions of dollars.
Ariel Cohen, Ph.D., is Research Fellow
in Russian and Eurasian Studies in the Kathryn and Shelby Cullom
Davis Institute for International Studies at The Heritage
Foundation. His areas of expertise include international energy
security .