Commentary: Yukos goes to Bratislava

  By Peter Lavelle
  UNITED PRESS INTERNATIONAL |February 14, 2005
  http://www.wpherald.com/Viewpoints/storyview.php?StoryID=20050214-
024600-7390r
  


MOSCOW -- The meeting of U.S. Secretary of State Condoleezza Rice 
and Russian Foreign Minister Sergei Lavrov in Ankara last week 
apparently went far worse than reported. 
     
    Days later, the Kremlin signaled that foreigners looking for a 
majority stake in upcoming big-ticket tenders in Russia's oil sector 
are not invited. This decision alone suggests that the focus of the 
Feb. 24 Bratislava summit between Putin and Bush will be 
American "values" vs. Russia's sense of "national security." 
     
    During her European tour, Rice is said to have "lectured" Lavrov 
on the basic tenants of modern democracy, focusing on Russia's 
perceived media limitations and the Kremlin's decision to appoint 
regional governors. The "Yukos affair" was also the subject of 
heated discussion. Lavrov defended the state of Russia's media and 
the Kremlin's right to re-order domestic political institutions. 
However, Rice and Lavrov appeared unable to "agree to disagree" on 
the subject of Yukos. This inability to "agree to disagree" on the 
Yukos affair is indicative of what continues to divide the United 
States and Russia. 
     
    At Bratislava, Bush will most likely push an agenda concerning 
the importance of "shared values," with Putin falling back on the 
demands of "state interests and national security." This is why 
the "Yukos affair" is likely to figure highly during the summit 
because it is an issue that has everything to do with "shared 
values" and "state interests and national security." 
     
    The Yukos affair is well known and does not need to be repeated 
in detail here. Western and Russian media have reported how the 
Yukos' core shareholders have been arrested and put on trial, with 
others residing abroad actively sought by Russia's authorities. 
Media have equally covered the forced breakup of the oil giant, with 
the opaque auctioning of the company's primary production unit - 
Yuganskneftegaz - by use of very aggressive and at times 
questionable application of the tax code. 
     
    Based on media coverage and the opinions of a number of highly 
paid "Russia watchers," the outcome and meaning of the Yukos affair 
appears to be obvious: a Kremlin asset grab, persecution 
of "political enemies," a retreat from creating a competitive market 
economy, and the lack of the rule of law in Russia. 
     
    Indeed, the Yukos affair has and should raise questions 
concerning Kremlin motives. After all, the Yukos affair is not only 
a Russia-specific event; it is event that has significant and 
dramatic international ramifications -- including bilateral 
relations with the U.S. 
     
    However, the conventional wisdom concerning Yukos overlooks a 
number other issues that media either do not understand or purposely 
overlook, with the Kremlin seemingly unwilling to candidly explain 
its actions. It has been unwilling to explain its action in terms 
the rest of world truly understands, the lack of which harms U.S.-
Russia relations and the international perception of Russia in 
general. 
     
    In fact, the Kremlin is following the course of history. With 
the exception of the United States and the United Kingdom, all major 
energy-exporting countries have the state in charge of this 
important and lucrative export sector. During the last century, 
states time and again nationalized energy exports. Controlling this 
sector, more times than not, is done in the name of national 
security. Of course private companies protested, and a few lucky 
ones were actually compensated in some form after the fact. 
     
    The Kremlin is doing the same, though it obviously does not 
appear to be interested in any form of compensation to former 
owners. The Kremlin cannot do this, as the majority of Russians deem 
the private ownership of the Russia's energy sectors illegitimate. 
At the same time, because of the opaque nature of the assault 
against Yukos, it remains unclear if the Kremlin is simply 
dethroning some oligarchs only to create new ones. These are very 
reasonable questions to ask, particularly as the United States has 
shown interest in developing a strong energy dialogue with Russia. 
     
    What the Kremlin is pursuing in Russia's energy sectors is not 
directly aimed at "annihilating" political opponents or returning to 
some kind Soviet past. Rather, it is indeed catching up with the 
times and not unreasonably invoking state interests and national 
security. 
     
    However, the appearance of the Kremlin's approach creates 
enormous skepticism. Without proper explanations from the Kremlin 
surrounding its moves, skepticism and mistrust are the inevitable 
results. Without proper explanations, greed, power, and indifference 
to property rights are issues reasonably raised by onlookers, 
particularly friends and potential allies. This is where "values" 
and "state interests" meet and will be discussed in Bratislava. 
     
    When Rice met her counterpart Lavrov in Ankara to prepare the 
groundwork for the presidential meeting, media sources claim Rice 
said the Yukos affair should be resolved through Russia's own legal 
system. Her remarks surprised many in Russia and interpreted by some 
as an indication that the Yukos affair is no longer an issue that 
divides the United States and Russia. 
     
    This interpretation is incorrect -- Yukos does matter very much. 
It matters because the legal circumstances surrounding and fate of 
Yukos is a "value" in of itself. That "value" is transparency and 
respect for the law -- particularly Russian law. 
     
    Yukos' current travails worry many in the United States and 
should worry the Kremlin as well. With American companies already in 
Russia's oil patch and now told that their further expansion in 
Russia may be limited, the common "value" of a strategic energy 
alliance may now be in doubt. Bush will certainly be interested in 
the Kremlin's intentions surrounding decision to limit foreign 
investment in Russia's oil sector. 
     
    Shared values and national security cannot be separated. Shared 
values, at the end of the day, create national security. This is why 
the "Yukos affair" will be on the agenda in Bratislava. Taking 
virtue from necessity, the "Yukos affair" could be used as stepping 
stone for both Bush and Putin to present how each 
understands "values" and "national security." Without a common 
understanding of both, development of U.S.-Russia relationships will 
remain difficult and an opportunity senselessly missed. 
     
    -- 
     
    Peter Lavelle is an independent Moscow-based analyst and the 
author of the electronic newsletter on Russia "Untimely Thoughts" 
untimely-thoughts.com. 
     








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