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Russia's oligarchs shiver again
By John Helmer

MOSCOW - While a proposal to raise mineral taxes, aired in Moscow last week, has taken parliamentarians by surprise, industry sources have interpreted it as an indicator that President Vladimir Putin's current campaign against oil company Yukos may be extended, after the upcoming parliamentary and presidential elections, to other mining companies.

Two in particular are Norilsk Nickel, the world nickel leader, and Russian Aluminum (Rusal), the number-two global producer of aluminum. As Asian importers, particularly China, are major buyers of these Russian metals, a change in the Russian tax treatment is likely to affect Russian metal export prices.

Vladimir Vonukevich, a tax expert on the staff of the Duma Committee on Budget and Taxes, told Asia Times Online that without committee approval and a vote by the Duma, "it is not possible to approve tax changes." Speaking through an assistant, committee chairman Alexander Zhukov said he had not heard of the proposed new tax change, and could not comment.

Andrei Fyodorov, head of the Tax Ministry's department for payments from resource and mining companies, was reported by a Moscow newspaper early in the week as saying his ministry is considering a change in the law that would link tax payments on minerals such as nickel, aluminum, copper, and platinum group metals, to their international market price.

The proposal suggested that mineral producers like Norilsk Nickel, Ural Mining and Metallurgical Combine (a copper specialist), Rusal, and Siberian Ural Aluminum (SUAL) would no longer be taxed at 8 percent on the domestic price of the metals they produce. The ministry proposal suggests bringing minerals taxes in line with crude oil taxes, which are based on the international price, calculated each quarter, for Urals blend, the Russian export benchmark for crude.

Mikhail Yumaev, Fyodorov's deputy at the Tax Ministry, confirmed the existence of the proposal, but told Asia Times Online "it's now only an idea and a proposal developed by the Ministry of Taxes. There is no draft of legislation for the Duma tax committee, which knows nothing about it yet." Before a ministry proposal can go to the Duma, it must also be circulated to other government ministries and gain the approval of the prime ministry and the Kremlin.

Mikhail Zadornov, a former government minister of finance and currently senior member of the Budget and Taxes Committee, was also taken by surprise, an assistant told Asia Times Online, and would not comment. Yevgeny Marchenko, a senior Communist Party deputy on the Duma committee, acknowledged through a spokesman that he was in the dark about the tax hike idea.

The timing of the proposal has attracted attention because of the public clash between President Putin and the Yukos oil company, whose executives have been charged with tax evasion and other alleged crimes. Ministers loyal to Putin, including the Finance Minister Alexei Kudrin, and the Economic Development and Trade Minister German Gref, have made public statements in recent days suggesting that the major oil and mineral producing companies should be subject to new and higher levels of tax.

Industry analysts also speculate that the government's attack on Yukos could spread to other companies controlled by Russia's so-called oligarchs, who acquired their controlling stakes in controversial privatization deals in the mid-1990s. An attempt by the Finance Ministry to raise the tax take from the two Russian aluminum producers, Rusal and SUAL, by canceling tax-free tolling, was abandoned several weeks ago, after intense industry lobbying.

Although Duma elections are scheduled for less than a month away, not one of the deputies interviewed suggested his backing for the higher tax treatment of the oligarch-led companies.

Just over a year ago, another, similar surprise was dropped on the Russian mining and extraction industries. This took the form of a proposal from a senior Kremlin official to reclaim state ownership of reserves and resources, and introduce a concession system.

At that time, the idea came from Dmitri Kozak, then a senior staff man in the presidential administration. On behalf of a study group, he forwarded a paper to the government for ministerial review, briefly describing the proposal in televised remarks.

Mining legislation in South Africa, Australia, and Canada, Kozak intimated in last year's white paper, had been studied closely by the Russian academics who had prepared the recommendations for the policy change. Putin himself also studied foreign mining legislation as part of his doctoral studies in St Petersburg several years ago. Putin was widely believed to be backing the new scheme to modify the Russian law so that mineral resources would remain the property of the state until sold, with mining and producing companies granted concessions by the state on a cost-plus basis.

The existing law provides that subsoil resources belong to the state, which grants licenses for their exploitation by competitive tenders. The federal and regional governments share control of the licensing system, while they, and local governments, tax the proceeds of mining. Once licensed, the resources extracted are the property of the companies that produce them.

There was immediate opposition to the Kozak proposal from the Russian oil and mining companies. "Replacement of the licensing mechanism with concessions will have a disastrous effect for the mining industry in Russia as a whole," said Valery Braiko, president of the Russian Gold Producers Association. He said at the time that "to introduce state ownership of not only subsoil, but also of the natural resources which are extracted, is in contradiction to Article 9 of the constitution and other laws, such as the Civil Code."

According to Alexei Moiseyev, an analyst with Renaissance Capital, a Moscow investment bank, the new policy "is being pushed by the St Petersburg group that consists of personal allies of the president from his home town, and former KGB colleagues." He termed the idea "economically irrational".

One of the strongest domestic critics of the existing license system for miners and oil and gas producers is Vladimir Litvinenko, director of the St Petersburg Mining Institute. He is an advisor to Putin, and supervised Putin's doctoral work. Litvinenko has told Asia Times Online in the past that he favors bringing Russian resource policy into closer alignment with international standards, and tougher implementation of their use-or-lose requirements.

Sergei Aleksashenko, vice-president of Interros, the controlling shareholder of Norilsk Nickel, Russia's leading miner, told Asia Times Online, "Technically, it will be extremely difficult to implement such a law, but if the state sets such an aim for itself, it can be done. But I doubt very much that the state would gain anything from replacing licenses with concession agreements. Adoption of such a law will have disastrous consequences for the Russian stock market and will make the future of [mining and extraction] companies absolutely uncertain. I don't think the state will be able to increase its revenues from rent payments for the use of subsoil in such a way either."

Oil industry sources claimed the proposed concession scheme was a form of political blackmail. Within weeks, they forced Kozak to retract his initiative, and the proposal was abandoned without formal cabinet review.

What happened to Kozak's proposal a year ago is of especial significance today, because Kozak has risen in the Kremlin hierarchy since October 30, when Alexander Voloshin lost his job as the president's chief of staff. Voloshin had been a supporter of the oil and mining oligarchs. Kozak is now deputy to the new chief of staff, Dmitri Medvedev.

(Copyright 2003 Asia Times Online Co, Ltd. All rights reserved. Please contact content@atimes.com for information on our sales and syndication policies.)
 
Nov 18, 2003



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