Thursday, March 24, 2022

Impoverishing Ukraine: What the US and the EU have been doing to the country for the past 30 years

At last Wednesday’s gathering of US congressmen to hear the words of Ukrainian President Volodymyr Zelensky, House Speaker Nancy Pelosi opened the event by crying out, “Slava Ukraini”—“Glory to Ukraine”—no less than five times. This expression has become popular in Washington, London, and elsewhere as of late, with British Prime Minister Boris Johnson also bellowing out the cry in a session of the House of Commons and on Twitter.

American President Joe Biden, while not yet tackling the two Ukrainian words, claims at every moment that the more than one billion dollars’ worth of armaments he has poured into Ukraine—enough for every citizen to kill every other multiple times over—is to defend the “freedom” and “dignity” of that nation.

The origins of the term “Slava Ukraini” reveal something about the real relationship of the US and NATO to Ukraine’s working masses of all ethnicities and linguistic groups—Russian, Ukrainian, Jewish, Polish, etc. As biographer Grzegorz Rossolinski-Liebe explains in his book about Ukrainian fascist leader Stepan Bandera, “Slava Ukraini” was part of the salute delivered by members of the Organization of Ukrainian Nationalists and its military wing, the Ukrainian Insurgent Army, which were collectively responsible for the mass murder of tens of thousands of Soviets, Jews and Poles during World War II.

Neither the United States nor the EU nor any of their related institutions care now or have ever cared about the people of Ukraine, much less their liberty. Even as they have been using the country as a cat’s paw in their battle with Russia—as a result of which massive amounts of firepower are making their way into the hands of today’s Ukrainian fascists, and parts of the country are being blown to bits—the US and the EU have been economically strangling the Ukrainian people for decades.

International Monetary Fund Managing Director Dominique Strauss-Kahn (R) greets Ukraine President Viktor Yanukovich (L) at the IMF Headquarters April 12, 2010 in Washington, DC. (International Monetary Fund Photograph/Stephen Jaffe)

As measured by GDP per capita, Ukraine, with its 44.13 million inhabitants, is the poorest or second poorest country in Europe. It competes with Moldova, with about 2.6 million people, for these inauspicious titles.

The bottom 50 percent of Ukraine’s population gets just 22.6 percent of all the country’s income and 5.7 percent of its wealth. The top 10 percent own nearly 60 percent of Ukraine’s net personal assets, according to the World Inequality Database, a publication put out under the directorship of three of the globe’s leading specialists in inequality—Thomas Piketty, Emmanuel Saez, and Gabriel Zucman. In 2018, Ukrainian households’ average net savings stood at minus $245.

The median household income in Ukraine is around $4,400 a year, about on par with that of Iran, whose economy has been operating under crushing sanctions for years. The average wage in Ukraine is estimated to be just €330 a month, and the state-mandated minimum a worker can be paid is €144. According to the Ukrainian government, an individual ought to be able to survive on less than half that amount, as the subsistence minimum is €64. Retirees who are at the bottom rung of the pension scale take home €50 a month.

The country’s Institute of Sociology reports that the typical Ukrainian family spends 47 percent of its total income on food and another 32 percent on utility bills. In 2016, nearly 60 percent of people were poor according to government standards, including 60 percent of kids. That poverty rate dropped to “only” 37.8 percent in 2019. The UN Food and Agricultural Organization found that in 2020 15.9 percent of Ukrainian children under 5 were malnourished, and in 2019 17.7 percent of women of reproductive age were anemic, a condition caused by lack of iron in the diet. That number has been steadily rising since 2004. Twenty-four percent of the population is obese.

Ukraine population

Between 2014 and 2019, the birthrate fell by 19.4 percent. Ukraine’s mortality rate is extremely high—14.7 per 1,000 people. It is well above that of many countries in Africa, the poorest continent on the globe. Its suicide rate, according to the World Bank, ranks 11th in the world. With deaths outstripping births by more than two to one and hundreds of thousands emigrating annually in search of anything better, the country’s population has shrunk every year since 1993. There are 8 million fewer Ukrainian citizens today than there were 30 years ago.

One could go on. Apart from the super-rich and a narrow layer of middle and upper-middle class people concentrated in the major cities, Ukraine is a sea of deprivation.

This is a direct outcome of economic policies imposed on the country by the very states that today parade around declaring their love for Ukraine. In an immediate sense, the current situation has its roots in the 2014 US-backed coup that brought to power a government in Kiev that immediately signed an association agreement with the EU requiring it to implement severe austerity measures. But it has even deeper roots.

The social and economic disaster in that country can be traced back to the Stalinist bureaucracy’s dissolution of the Soviet Union at the end of 1991 and the restoration of capitalism in all of the newly independent nation states, which saw their full integration into global financial and trade networks. Through a series of policies collectively known as “shock therapy”—worked out in close collaboration with Western advisers—nationalized property was transferred to private hands. Former Communist Party officials and their children, economic managers and directors of major Soviet factories and sections of industry, as well as criminal elements active in the shadow economy, won out at the expense of the working masses, through a combination of outright theft and bargain basement fire sales of Soviet resources.

Europe Net Average Monthly Salary Adjusted for Living Costs

Out of this wrecking operation, competing factions of big business emerged in Ukraine that were centered in Donetsk in the east and Dnipropetrovsk to its west, with coal mining and processing, energy production and transit, and metallurgy being their main sources of wealth. Banking and media empires emerged, and new sources of profits were soon realized in consumer products and agriculture.

The ranks of Ukraine’s billionaires began to grow from this period forward—Victor Pinchuk ($1.9 billion), Renat Akhmetov ($7.6 billion), Igor Kolomoyskyy ($1.8 billion) Henadiy Boholyubov ($1.1 billion), Petro Poroshenko ($1.6 billion), Vadim Novinsky ($1.4 billion), and on. For decades, Ukrainian politics has been consumed by conflicts, alliances, splits in alliances, and warring among them, which have intersected with the question as to whether the country would be pulled into closer economic relations with Europe, maintain its strong ties with Russia, or somehow manage the two simultaneously. The warfare has unfolded as geopolitical tensions between Washington and Moscow have grown, with Ukraine understood as a key zone of competition.

During the 1990s, even as great sums were being accumulated at one end of the spectrum, Ukraine’s economy was in free-fall. With per capita GDP declining by 8.4 percent between 1993 and 1999, its economy was among the worst of any European country. Inflation was at times completely out of control, reaching an annual high of around 376 percent in 1995, thereby wiping out the savings and spending power of Ukrainian workers early in the process of market restoration.

“Many young people, who lacked alternatives in the early 1990s, joined gangs and were used as pawns in the process of accumulation by criminals,” observes political economist Yuliya Yurchenko in her 2018 book Ukraine and the Empire of Capital, with warfare between competing business clans producing at times bodies in the streets. A two-and-a-half fold increase in crime between 1988 and 1997 was largely driven by various forms of “theft, robbery, swindling, and extortion” and “bribe taking, counterfeiting, and trading in narcotics,” she notes.

Top 10 percent wealth share Ukraine

During this time, Ukraine received 10 loans from the International Monetary Fund (IMF) and the World Bank, in the start of what would be a near-constant process of borrowing from international financial institutions over the course of the 2000s and 2010s. The terms of the loans have centered around a 1994 “Memorandum on Questions of Economic Policy and Strategy” signed by Ukraine and the IMF that, in the words of Yurchenko, “effectively limited Ukraine’s government decision-making power.”

Agreements with other international financial institutions, such as the European Bank for Reconstruction and Development, drafted on the principle of cross-conditionality—i.e., creditors set terms that coincide and reinforce one another—established similar limits. The noose around the loan recipients’ neck tightens in multiple directions.

Lenders demanded that the government in Kiev end policies that created obstacles for foreign trade, eliminate price regulations, reduce the state budget deficit, cut subsidies to “unproductive” industries, make manufacturing outlets more competitive by modernizing their plants and laying off workers, privatize more state-owned property, cut budgetary expenditures by targeting social programs and pensions, and impose value-added taxes such that the collection of money from sales would fall more heavily on consumers as opposed to business.

While these processes have accelerated and/or slowed down at times depending on whether the administration in Kiev has been more US- or more Russian-allied, every Ukrainian government has been a partner in implementing the demands of global capital. Having emerged out of the ashes of the great barbeque that was the breakup of the Soviet Union, the ruling class of Ukraine is a comprador class in the most complete sense of the term.

In 1998, for instance, Ukraine’s parliament granted President Leonid Kuchma the authority to impose a 30 percent reduction in government expenditures. This was done because the IMF told the country to do so. “In addition to meeting fiscal and monetary targets, the government must pass legislation on privatisation, tax reform, energy and agricultural sector restructuring, and flushing out its massive ‘shadow economy,’” observed an August 1998 article in the Financial Times.

“The reforms,” writes Yurchenko, “created mutually reinforcing negative effect on the economy by opening up outdated industry for competition with foreign transnational corporations and by reducing financial state support for enterprises and citizenry thus making the latter poorer and the former even less competitive with expected negative aggregate consumption and potential revenue drop.”

Ukraine’s debt continued to balloon over the course of the coming years, increasing from $10 billion in the period from 1997-2002 to $100 billion in 2008-2009, the equivalent of more than 56 percent of the country’s GDP and more than double the total value of all its exports at that time. While it has fluctuated in recent years, it is basically at the same level today as it was a decade ago. As a result, Ukraine has ended up in a constant cycle of indebtedness, careening at times towards default due to broader crises in the world economy, such as the 2008-2009 crash.

In addition to breaking up whatever was left of Soviet-era nationalized property and the social welfare state, austerity measures were aimed at disciplining Ukraine’s oligarchs. While their wealth was accumulated on the basis of the country’s integration into the world market, and thus made possible and sustained by the centers of global capital, investors from the West hesitated to descend directly into the dog-eat-dog world of Ukrainian big business, where bribe-taking, ever-changing economic laws, tax rates that on paper sometimes exceeded profits, and the use of bankruptcy for profiteering were rampant.

“[O]mnipresent lawlessness were damaging for foreign relations, political and trade. Western investors from the USA, the EU and particularly Germany (Ukraine’s strongest EU-isation backers) became ‘disenchanted with the country,’” notes Yurchenko. Still, they salivated at the prospect of getting access to tens of millions of consumers and wage-labor that was cheap and skilled. According to Yurchenko, “In a personal interview with the Corporate Europe Observatory think-tank, the former Secretary General of ERT, Keith Richardson, said that the demise of the USSR was as if they ‘have discovered a new South-East Asia on the [EU] doorstep.’”

Concerned not just about the loss of potential investment opportunities in Ukraine but also the geopolitical future of the country, the United States and Europe responded. First, a whole number of business associations and advisory groups—American Chamber of Commerce (ACC), Centre for US-Ukraine Relations (CUSUR), US-Ukraine Business Council (USUBC), the European Business Association (EBA), and the Centre for International Private Enterprise (CIPE)—were either created or mobilized for the purposes of, in the words of the EBA, “discussion and resolution of problems facing the private sector in Ukraine.”

Established in 1999, the European Business Association provides a forum in which members can discuss and find solutions to common problems affecting business in Ukraine. Initially supported by the European Commission, the initiative has grown to one of the largest and most influential business communities in the country. Currently the EBA brings together about 970 European, Ukrainian and multinational companies. It has regional branches in Donetsk, Dnipropetrovsk, Kharkiv, Lviv and Odessa.

These institutions were staffed with representatives from major Western corporations and Ukraine’s business elite, with many sitting on more than one board. By 2010, 105 of the world’s top 500 transnational corporations were active in them. They sought out, or even established, lobbying groups and advisory councils active in Ukraine’s government.

These include such bodies as the Investors Council under the Cabinet of Ministers of Ukraine, the Working Group of Justice (co-chaired by the European Business Association) under the Ukraine’s Ministry of Justice, the Working Group on Tax and Customs Policy (also co-chaired by the EBA) under the country’s Ministry of Finance, the Foreign Investment Advisory Council of Ukraine (FIAC) under the president of Ukraine, and the Public Councils that are within different ministries and state committees.

Over time, the lobbying groups and advisory councils, according to Yurchenko, collectively got their hands into all of the following areas of Ukrainian governance; the “reduction of state control over economic activity and marketisation alike”; the “simplification of import and export procedures, harmonisation of regulations with the EU in IT and electronics sector, revoking of medication advertising ban, creation of State Land Cadastre in preparation for land privatisation, simplification of market entry for pharmaceutical and insurance companies from the EU”; and “market reform; fiscal and tax policy; banking and non-banking financial institutions and capital market.”

Furthermore, being housed in government agencies, these groups did not just make suggestions as to how Ukraine ought to transform its economy, they were involved in the drafting of law and strategy documents laying out state policy. In short, there is not even one degree of separation between Ukrainian governance and Western corporations, financial interests, and state power.

Between 2006 and 2013 alone, Yurchenko found upwards of 50 instances of “successful lobbying” by just the European Business Association—in other words, the EBA’s suggested policies became Ukrainian law. The Americans have also had their direct means of leverage. The Centre for International Private Enterprise, one of the many lobbying organizations active in Kiev, “serves as a bridge agency between the US Congress and Ukraine’s authorities by proxy of ACC (American Chamber of Congress). The Centre is run by the Chamber but is in fact one of the four programs of the National Endowment for Democracy (NED) that is funded by the US Congress,” notes the scholar.

As Western political and business interests have increasingly been integrated into the Ukrainian state, the IMF, other foreign lenders, and the EU have used the ongoing crisis in the country’s economy to pile on the pressure. They have regularly held back on releasing loans or signing trade agreements because Kiev has not privatized and cut enough. When, in order to get the promised money, the government has pushed through the required measures, the outcome for the population have been devastating.

An April 2009 article in the New York Times devoted to Ukraine’s failure, yet again, to meet the requirements of foreign lenders, noted that while there had been tens of thousands of jobs axed in the country’s industrial towns in the east, bankers viewed it as still not enough.

In Donetsk, “unemployment has officially almost doubled, to 67,500, in the past two months, and the authorities suspect that up to one-third of the 1.2 million registered workers are toiling for a small fraction of their nominal salary,” wrote the newspaper, adding, “In Makeevka, with 400,000 residents, just outside Donetsk, the Kirov factory laid off nearly all its workers in December and January. Now, an average of four people vie for every job. In nearby towns, that ratio soars to 70 or 80 people for every available job, officials say.”

But, citing the comments of a bank analyst in Kiev, the Times observed that still more was expected. Another steel producer in Donetsk, the analyst said, “could easily cut 20,000 to 25,000 people and keep the same output.”

Ruined Factory in Konstantinovka in Donetsk Oblast July 2008 (Creative Commons)

As part of the process of making Ukraine’s economy “more competitive,” the IMF and the EU have demanded the raising of the retirement age, the ending of fuel subsidies that enable households to afford to heat their homes and cook their meals, and the selling-off of the country’s highly profitable timber and agricultural lands. The latter in particular has been long sought, as Ukraine has 25 percent of the world’s “black earth,” some of the most naturally fertile soil in the world.

All of this and more have now been achieved. A 2017 study of Ukraine’s garment industry published in the Journal for Labour and Social Affairs in Europe, noted that the Kiev government has introduced the following measures in response to the demands of the international financial institutions and EU representatives over the last several years. It has:

  • Frozen the legal minimum wage and stopped adjusting it to the cost of living
  • Reduced social welfare payments and pensions by ending cost of living indexing
  • Changed the labor code to restrict union access to workplaces, make the disclosure of “commercial secrets” grounds for dismissal, require unionized workers to agree to overtime, end limits on the number of overtime hours workers must accept, permit factories to monitor workers using cameras and other technologies, and end the requirement that unions agree to a layoff
  • Increased utility charges dramatically
  • Placed a moratorium on inspections, including labor inspections, in small businesses (This resulted in the growth of wage arrears from 1.3 million hryvnia in 2015 to 1.9 million in September 2016.)
  • Decreased employers’ mandatory social insurance contributions, thereby ensuring there is less money for social services and pensions
  • Cut the number of public sector employees
  • Canceled family payments for childbirth, childcare and schools.
  • Closed hundreds of hospitals
  • Stripped higher education and cultural institutions of funding

As the authors of this study note, all of this is extremely unpopular with ordinary people. Polls have found that 70 percent of citizens are upset about the growth of inequality, 58 percent about job loss, and 54 percent about “interference of western countries in the governance of Ukraine.”

But this continues unabated. The ongoing assault on Ukraine’s healthcare system has been particularly severe. Due to demands from the IMF and the terms of Ukraine’s EU Association Agreement, the country has been implementing healthcare reforms. On the grounds of increasing “efficiency,” it stopped paying medical institutions on the basis of their number of beds and instead on how many patients they treat. This has resulted in the layoff of an estimated 50,000 doctors and the shuttering of 332 hospitals, with rural areas being especially hard hit and left, for all intents and purposes, without medical services.

According to the Ministry of Health, as of 2020 half of Ukraine’s remaining 2,200 hospitals were underfunded. An article that same year in the online press Current Time reported that the director of Dnipropetrovsk Regional Rehabilitation Hospital went on a hunger strike in late April of that year in protest. “That month, the National Health Service slashed the facility’s monthly financing by more than five times, she told Current Time: from 2 million hryvnia, or about $75,224, to 237,000 hryvnia or $8,914.”

All of this left, in the words of Ukrainian President Zelensky in 2020, Ukraine “medically naked” when it came time to combat the coronavirus. COVID-19 has infected over 5 million Ukrainians and killed 112,000. After Zelensky’s pleading with the United States to send vaccines to help, in the summer of 2021 the Biden administration finally dispatched 2 million doses, enough to cover less than 4 percent of the country’s population.

Burial of Deceased Covid-19 patient in Chernivtsi Ukraine 2020 (Creative Commons)

Between just 2008 and 2019, Ukraine shed over 1.4 million industrial jobs, according to the data analysis firm CIEC. When measured in constant US dollars, World Bank data shows that the country’s GDP has now declined by 56 percent compared to what it was when it was still a Soviet republic in 1989.

According to President Zelensky, Ukraine is “paying off billions of U.S. dollars annually to international organizations.” And still, as of that year Ukraine had $40 billion of “non-performing loans”—i.e., debt it could not pay. In 2022, on top of the interest on its IMF loan, the country was supposed to pony up another $35 million to cover IMF “surcharges” in February and $29 million in March.

This disaster has been achieved not simply through the domination of Ukraine’s economy by foreign capital, but through direct American and European political interference. Over the last 15 years, the country has experienced two so-called “revolutions”—one in 2004 and one in 2014. In both cases, Washington and Brussels were directly involved, backing forces in the country that were committed to drawing the country out of Russia’s orbit and shoring up its relation with the West. They had no problem with neo-Nazi street fighters doing the dirty work necessary to secure their preferred outcome.

In the latest exercise in “popular democracy,” Ukraine’s 2014 “Revolution of Dignity,” US State Department official Victoria Nuland was caught on tape speaking to America’s ambassador to Ukraine with instructions as to what the composition of the new government in Kiev would be. Washington’s choice, Arseniy Yatsenyuk, was installed as prime minister and immediately signed a deal paving the groundwork for Ukraine’s eventual ascension to the EU, resulting in the implementation of all of the policies listed above.

These historical facts are dismissed in the Western media as nothing but “Russian disinformation.” The Kremlin has its own reasons, which have nothing to do with concern over the well-being and freedom of Ukrainians, for drawing attention to the dirty role played by Washington and Brussels in Ukraine’s “revolutions.” But the use of these facts by the Putin government to promote Russian nationalism and justify its criminal invasion of Ukraine does not make the facts themselves untrue.

Ukrainian economic and political sovereignty, the democratic and social rights of its population, have been systematically and grossly violated for thirty years by the US and its NATO allies. No one in Washington, Brussels, or elsewhere has ever lost a minute’s sleep over the death of a Ukrainian man, woman, or child from poverty, ill health, job loss, or COVID.

Rather, they have orchestrated, welcomed, and profited off of Ukraine’s social misery. For them, ordinary Ukrainians are now little more than war materiel to be expended in the battle with Russia, whose working class they are also now strangling to death with economic sanctions, despite years of decrying their repression under the evil dictator, Vladimir Putin.

THATCHER'S TORIES NO MORE
As Russia moves to nationalize foreign companies exiting its market, the UK prepares to nationalize a major Russian natural-gas supplier



The UK government is said to be preparing to take over the UK arm of the Russian natural-gas giant Gazprom.
Olga Maltseva/AFP/Getty Images

Huileng Tan
Tue, March 22, 2022, 2:34 AM·2 min read

Gazprom's UK business is under strain over the Ukraine war.

The UK government is said to be preparing to take over the business to ensure supply continuity.

Gazprom's British retail unit supplies natural gas to about 20% of the UK's companies
.

The UK government is preparing to temporarily nationalize the Russian natural-gas giant Gazprom's British retail supply unit, as it is in danger of collapsing and causing supply disruption, the Financial Times and Bloomberg reported on Monday.


Earlier this month, Russian President Vladimir Putin said Russia could seize and nationalize the assets of foreign companies leaving the country.

A move by the UK government to put Gazprom Marketing & Trading Retail under special administration appears designed to save the company as its customers abandon it over the war in Ukraine, the Financial Times reported. Sources told Bloomberg on Monday that many major natural-gas traders had instructed staff not to deal with Gazprom's trading arm.


The CEO of Gazprom, Alexei Miller, is sanctioned by the UK government. Gazprom itself doesn't face restrictions.

Gazprom Marketing & Trading Retail — which supplies natural gas to about 30,000 UK business customers, or about 20% of the country's companies — has been trying to find a buyer for the business, The Times of London reported on Sunday. But a person close to the company told the Financial Times that it "would be difficult" to reach a deal.

If Gazprom Marketing & Trading Retail were to collapse, the UK government could find another supplier to take over its client base or nationalize the company, with taxpayers providing the funds to keep it running, the Financial Times reported. Its clients in the UK include McDonald's, Siemens, and the National Health Service, according to the BBC.

Gazprom did not immediately respond to Insider's request for comment.

An analyst told Insider that the Kremlin was likely to take issue with the nationalization of Gazprom in the UK and see it as a political move.

"It could escalate tensions between the West and Russia," said Nirgunan Tiruchelvam, the head of consumer sector equity research at Tellimer.

"The West needs to tread carefully given Russia's supply of gas to Europe," Tiruchelvam, who covers the commodity sector, added.

Some fear that the Kremlin may cut off its natural-gas supply to Europe to retaliate against sweeping Western sanctions. The International Energy Agency has said Europe last year imported about 40% of its gas from Russia.
Explainer-Can companies leaving Russia recoup losses through insurance?




Tom Hals
Tue, March 22, 2022,

(Reuters) - Hundreds of companies have said they are withdrawing or suspending operations in Russia after its invasion of Ukraine, from energy producer Shell Plc to carmaker Hyundai Motor Co to PwC, a global professional services firm.

The following is a look at how insurance and international arbitration might soften the blow to those companies, which stand to lose billions of dollars:

DOES STANDARD INSURANCE PROVIDE COVERAGE?

No, but companies can purchase political risk as an add-on to trade credit, property and aviation insurance. It covers government seizures of property and forced abandonment, cancellations of government licenses for operations such as mines and the inability to convert foreign currency. The insurance typically covers long-term energy or infrastructure projects, but can be purchased by other types of businesses. Policies are confidential, insurance experts said, and disputes are resolved in private arbitration.

Berne Union, a trade association representing political risk insurers, estimated that $1 billion in new political risk insurance was written in Russia in 2020, its most recent data.

Much of the insurance is written by non-commercial agencies such as the Overseas Private Investment Corp of the United States and the Multilateral Investment Guarantee Agency, part of the World Bank.

WILL COMPANIES LEAVING RUSSIA HAVE CLAIMS?

Companies that leave and abandon their business without any action taken by the Russia government to seize control of their assets will have a tough time collecting insurance, according to legal experts.

"You see companies saying 'we're leaving because we support Ukraine.' The question is then whether the policy covers a voluntary departure," said Micah Skidmore of the law firm Haynes and Boone.

Insurers are most likely to pay claims for revenues earned in Russian roubles that are no longer convertible to foreign currency, said legal experts.

WHAT MIGHT HELP COMPANIES RECOUP THEIR LOSSES?

Russia could take actions that would support claims that assets are being seized. Last week, Russia's President Vladimir Putin signed into law a measure that allows the country to place planes leased from foreign companies on Russia's aircraft register.

Air Lease Corp said earlier this month the Russian law demonstrates Moscow's intent to confiscate planes and the company expected the move to help the company collect on its insurance.

Sanctions give the aircraft leasing industry until March 28 to sever ties with Russian airlines. If more than 400 jets in Russia are not repossessed, the industry stands to lose almost $10 billion.

Russia's ruling United Russia party said in early March it is considering a proposal to nationalize foreign-owned firms that leave the country. If enacted, this measure could also support claims for insurance.

ARE THERE OTHER AVENUES FOR COMPENSATION?


A company can look to trade agreements signed by Russia which provide for arbitration when government actions damage foreign investment.

The Steptoe & Johnson law firm said last week in a note to clients that classic international arbitration claims include failure to protect intellectual property rights, refusal to release aircraft and expropriation of assets.

At least nine companies from Ukraine used trade agreements to seek billions through arbitration from Russia after Moscow annexed the Crimea region of Ukraine in 2014.

However, the international arbitration process can take years and Russia does not voluntarily pay awards, according to legal experts.

Franz Sedelmayer, whose German security equipment business was expropriated by Russia in 1996, won a $2.3 million arbitration award in 1998 but spent more than a decade fighting in numerous courts trying to collect the money.

A company would not be able to collect on both insurance and arbitration.

(Reporting by Tom Hals in Wilmington, Delaware; additional reporting by Carolyn Cohn in London; Editing by Noeleen Walder and Grant McCool)

Support the Chevron workers in California! For a national strike to overturn the sellout agreement!

To join the Oil Workers Rank-and-File Committee, send an email to oilworkersrfc@gmail.com.

Dear Brothers and Sisters,

Workers at Chevron’s Richmond, California, refinery who walked out on Monday have taken a courageous stand that every rank-and-file oil worker should actively support. By rejecting not one but two local contract proposals, they have dealt a powerful blow against the efforts by the United Steelworkers to impose its pro-company national agreement on oil refinery and petrochemical workers across the country.

The Chevron workers at the San Francisco Bay Area refinery are demanding higher wages, shorter work hours and better health and safety protections after working up to 70 hours a week and risking their lives during the pandemic. But the USW is forcing these 500 workers to battle the giant oil company alone and is keeping nearly 30,000 USW members on the job, including thousands at Chevron’s other operations in California, Utah, Texas, Mississippi and Louisiana.

If this struggle is left in the hands of USW President Conway & Co., the USW will isolate and starve out the Chevron workers, just like they did during the 10-month-long lockout of ExxonMobil workers in Beaumont, Texas.

This cannot stand. Behind Chevron are all the oil bosses. It is time that all oil workers stand with the Chevron workers. We must mobilize our full strength in a national strike to shut down the industry and win the demands that all oil workers deserve and need.

Richmond Chevron workers at rally last month (Source: USW Local 5)

The Oil Workers Rank-and-File Committee (OWRFC) was formed last month to give workers a new voice and organization, which is democratically controlled by the ranks and independent of the corrupt company stooges in the USW. We insist that the national agreement is illegitimate. It was sold to workers based on false pretenses, brought to a vote without sufficient time to study and discuss it, and rammed through using thuggish methods of lies and intimidation.

From the very beginning the USW has functioned as the enemy of rank-and-file workers and a tool of the oil bosses and the corporate-controlled Biden administration. Even though we were in the best position in decades to strike—with refinery capacity limited due to equipment failures and other problems, and popular hatred against price-gouging by the energy monopolies—the USW kept us on the job for three weeks after the February 1 contract expiration. Then, after claiming the two sides were miles apart, Conway suddenly announced an agreement on February 25.

The timing was significant. The agreement was announced the day after the Russian invasion of Ukraine and three days after Conway held a private discussion with President Biden and top executives from the Energy and Defense Department. There is no doubt that the president instructed Conway to sign a deal to prevent a strike as the US was ramping up for a confrontation with Russia. In the time since, the companies have made even more money profiteering from the war crisis, while Conway boasted he had signed a “responsible” deal that did not “add to inflationary pressures.”

To ram through the contract, USW national, regional and local officials threatened to put individual plants out on long, fruitless strikes, with little or no financial support from the union’s massive strike fund, if they rejected the deals. When workers at the Phillips 66 refinery in Billings, Montana, and Richmond Chevron workers voted them down any way, the USW made them vote again.

View of Pt. Richmond and Chevron Refinery, Richmond CA, from Nicholl Knob in 2016 (Photo by Audiohifi)

But the Chevron workers have called the USW’s bluff. They voted down a virtually identical deal for a second time. Like the rest of us, they know the pitiful raises in the national deal will make us poorer four years from now because of runaway inflation. Gas prices in the San Francisco Bay Area are the highest in the nation at $5.91 a gallon, and Chevron workers have seen health care premiums and other out-of-pocket expenses rise by 28 percent in the last year alone due to previous USW givebacks.

Chevron, which made $15.6 billion in profits last year and is making even more money due to the war crisis in Eastern Europe, has denounced the Richmond workers for being greedy, saying USW Local 5’s meager demand for a 5 percent raise “exceeded what the company believes to be reasonable and moved beyond what was agreed to as part of the national pattern bargaining agreement.”

In other words, the oil bosses are saying: “We had a deal with USW President Conway and the rest of the union executives we bribed, but the workers are getting in the way!”

To deliberately isolate the Chevron workers, the USW is keeping the rest of us in the dark once again. In a perfunctory text Monday, the USW wrote: “Standing in Solidarity w/USW Local 5 & the over 500 oilworkers in Richmond, CA as they began an unfair labor practice strike against Chevron at midnight last night.”

What the text did not say is that the Chevron workers are rebelling against the treachery of the USW itself!

Richmond refinery workers don’t need phony statements of solidarity from USW executives or more photo ops staged for the news media. Chevron workers need real solidarity. All oil workers should prepare for a national strike. We cannot allow our brothers and sisters in Richmond to suffer the same fate as those in Beaumont. United, we can win this fight.

As we have stated before, the OWRFC fights for the demands workers need, not what is “affordable” to the oil bosses. This includes:

  • A 40 percent raise and the restoration of Cost-of-Living Adjustments (COLA);
  • Restoration of the eight-hour day;
  • Expansion of paid time off, including a six-week vacation during the first year of service and one month of paid paternity leave;
  • Fully paid medical benefits;
  • The hiring of more full-time workers;
  • The establishment of worker-run health and safety committees and the abolition of corrupt joint “labor”-management committees;
  • Workers’ control over production rates and input over capital expenditures;
  • Fully paid pensions and retiree medical benefits after 25 years of service;
  • The elevation of contractors to full-time positions with the same pay and benefits.

Our battle is part of a far broader struggle of the working class. A staggering 1 million people have lost their lives in the US from COVID-19 because profits have been prioritized over life. Teachers in Minneapolis and Sacramento, railroad workers in the US and Canada, truckers, supermarket workers and other workers across the world are fighting demands for endless sacrifice from billionaires who profited from the pandemic, the run-up in prices and the drive to war.

Everything depends on what we, the rank and file, do. We must build the leadership to fight for our lives and livelihoods and create a better future for the current, past and next generations of workers.

If you agree with this fight, you should join and build the Oil Workers Rank-and-File Committee in your refinery and petrochemical plant. To join or to get more information, email oilworkersrfc@gmail.com.

Teamsters union sabotages CP Rail workers struggle by agreeing to binding arbitration

Are you a railroader at CP or another company? Contact us at cpworkersrfc@gmail.com to let us know what you think of the Teamsters’ decision to sabotage the CP Rail struggle.

In the early hours of Tuesday morning, the Teamsters Canada Rail Conference (TCRC) abruptly announced an agreement with Canadian Pacific Railway (CP) to end the lockout of 3,000 engineers, conductors and yard workers and submit the contract dispute to binding arbitration. Workers had no say in this anti-democratic conspiracy, which will strip them of their legal rights to strike, take other job actions and collectively bargain for years to come. Within a matter of hours, all 3,000 workers were sent back to work.

The arbitrator is a government-appointed official who will review the positions of TCRC and CP representatives before imposing a final agreement on both parties. Statements from the company and Teamsters suggest that only some of the 24 outstanding contract issues will be addressed in the arbitration process. Workers will have no right to vote on the final agreement.

In a letter to its members, the Teamsters sought to provide a pathetic justification for their capitulation to CP management, which has waged a ferocious campaign of vilification against rail workers with the support of leading big business organizations. “In consideration of the hard positions of the parties at bargaining and the near certainty that our dispute would eventually end in a final and binding arbitration as ordered by the government … our bargaining committee made the decision it would be in all of our best interests to take control of the situation and work out an agreement that gives us power over the terms, conditions and eventual arbitrator.”

In other words, the Teamsters knew the big business Liberal government would impose an anti-democratic back-to-work law and a pro-employer settlement, so the bureaucrats decided to spare Trudeau’s ministers their blushes and do their dirty work for them.

Striking CP rail workers at St. Luc yard in Montreal (Source: Teamsters Canada)

In the very next paragraph, the TCRC revealed that all the boasting about retaining “power” and “control” was a smokescreen aimed at concealing its prostration to the company’s demands. The “major issues” to be put to the arbitrator would be “wages, benefits and pensions,” the union wrote. CP’s brutal scheduling and disciplinary regimes, which rail workers have documented in extensive interviews with the WSWS over recent days, will remain untouched.

Concluding the spectacle of complete surrender, the Teamsters’ press release announcing the agreement concluded with the sentence, “There will be no comment from union spokespersons to the media until the arbitration process is complete.”

In a sure sign that the company got everything from the arbitration agreement it wanted, CEO Keith Creel bullishly declared in a condescending letter to CP staff, “I am pleased that Teamsters Canada Rail Conference (TCRC) leadership has agreed to enter into binding arbitration with Canadian Pacific.”

Creel continued that rail workers could now “support the North American economy and help to get Canadian resources to a world in need.” Struggling to contain his enthusiasm, Creel bragged about the “exciting opportunities” in the year ahead, including the prospect that CP, through its acquisition of Kansas City Southern, would be “creating the first, and likely only ever, transnational railroad connecting three great democracies,” Canada, the US and Mexico. There was no hint of irony in this statement from a man who had just stripped his company’s workers of their democratic rights in order to resume the unrestrained accumulation of profits.

A Canadian Pacific train close to the small town of Pritchard, in British Columbia (Mariano Mantel/Flickr)

Rail workers speaking to the WSWS responded with outrage to the agreement. “They’re taking away the right to protest and strike, and here we are, back to work within a day,” said a CP rail worker in British Columbia. “I highly doubt that the arbitrator is going to decide in favour of the employees. We’re still not going to get what we want, and we’ve been fighting for two contracts. Members won’t even get an opportunity to vote! For the union to just arbitrarily decide for the employees, to me it’s not in the best interests of the collective group.”

The decision for binding arbitration is in keeping with a deepening class war on working people being waged by the ruling elite in every country. In early February, railroaders at BNSF, America’s largest railroad, were banned from taking strike action against the draconian “Hi Viz” attendance policy by a court injunction. Last week, P&O Ferries fired all 800 crew members on its passenger ships in Britain with immediate effect and replaced them with contract workers on a fraction of the regular wage.

Throughout the dispute, CP has acted with extreme belligerence. It filed a 72-hour lockout notice last Wednesday and immediately began implementing its “work stoppage contingency plan,” then sought to demonize rail workers for illegally striking after the lockout began. Company negotiators refused to agree to any adjustment to the pension cap, which has been in place for a decade and prevents workers from retiring on a livable pension. They also offered a meagre 2 percent pay “increase” in the first year and 2.5 percent thereafter under conditions where inflation in Canada is nearing 6 percent per year.

The company was supported by a savage campaign by business lobby groups, which made clear they would not tolerate strike action under conditions where high commodity prices for oil and agricultural goods, including fertilizer, promised to bring bumper profits for shareholders. The Trudeau Liberal government joined in, with Labour Minister Seamus O’Regan declaring threateningly Sunday, “We want a resolution, and we want it now.”

There are two central reasons for the ruling elite’s unprecedented degree of aggressiveness. Firstly, Canadian big business sees an opportunity to cash in big time on the high prices for oil and fertilizer produced by the sweeping sanctions imposed on Russia by the Western imperialist powers after Moscow was goaded into invading Ukraine by US and Canadian provocations. While the inflation produced by these policies, exacerbated by the pandemic’s disruption of supply chains, brings massive windfalls to oil producers and investors, it is having devastating consequences on workers’ living standards across Canada and internationally.

Secondly and even more fundamentally, the ruling elite fears that due to the mounting social and economic crisis, a determined struggle by rail workers could trigger a broader explosion of working class anger against the rampant profiteering and utter disregard for workers’ lives during the pandemic. The union bureaucracy, which has systematically suppressed workers’ struggles for the past four decades, was equally terrified, which explains the Teamsters’ abject surrender to Creel and CP’s shareholders.

This capitulation was the logical outcome of the TCRC’s policy throughout of blocking any collective opposition from rail workers to CP’s bone-crushing working conditions. TCRC negotiators kept workers in the dark about what was happening at the bargaining table and refused to issue a strike notice despite an overwhelming 96.7 percent vote in favour of a work stoppage. The union’s actions allowed CP to take the offensive, announcing the lockout and unleashing its vicious campaign against the workers. To save face, the Teamsters belatedly issued a strike notice 24 hours after the lockout notice was filed.

It is no mere coincidence that the Teamsters’ decision to sabotage the CP struggle came just hours after New Democratic Party leader Jagmeet Singh confirmed his party would enter a formal alliance with the Liberal government to prop it up until 2025. Singh’s decision will give Trudeau a free hand to pivot to “post-pandemic” austerity for workers to pay for a massive increase in military spending as part of Canadian imperialism’s reckless drive to war with Russia. It also means that the trade unions, which are traditionally aligned with the NDP, are effectively part of this pro-austerity, pro-war government. The Teamsters’ actions early Tuesday underscore that the union bureaucracy’s role in this unholy alliance will be to discipline the working class into submission.

This lineup of political forces underscores that CP rail workers do not just confront a particularly ruthless employer but the class war agenda of Canada’s entire ruling elite. If they are to resist CP’s punishing work regime, draconian disciplinary procedures, the robbing of their pensions, and wage stagnation, they must take up a political struggle against the domination of social life by a tiny financial oligarchy and its lackeys in the NDP and trade unions.

The task of forming an independent rank-and-file committee at CP Railway is therefore posed with renewed urgency. This committee should fight for what workers need to guarantee a safe working environment, including a rest period of at least 24 hours between shifts, the linking of wage increases to CP Railway’s annual price hikes for freight cargo, the abolition of the pension cap, and the restitution of the contributions the company has illegitimately withheld from the pension fund since 2012.

Above all, the CP Railway workers rank-and-file committee must fight to broaden the struggle for decent pay and safe working conditions to other sections of the working class, including other transportation workers, energy workers, public sector employees and industrial workers. If you agree and wish to join this struggle, email cpworkersrfc@gmail.com.

ROFLMAO, WHAT BS
Canada plan to hike oil exports will not compromise climate goals -government source



An oil pump jack pumps oil in a field near Calgary

Wed, March 23, 2022, 
By Steve Scherer and Nia Williams

OTTAWA/CALGARY, Alberta (Reuters) - Canada on Thursday will outline plans to increase oil exports to help alleviate the tight global market following Russia's invasion of Ukraine, but the hike will not undermine Ottawa's long-term climate commitments, a government source said.

Federal Natural Resources Minister Jonathan Wilkinson will detail Canada's plans at the International Energy Agency (IEA) meeting in Paris, the source said.

Wilkinson told Reuters earlier this month the government is working with industry to find ways increase pipeline utilization and boost crude exports, and pipeline company Enbridge Inc said it is prepared to do "what it can."

Canada, holder of the world's third-largest oil reserves, is keen to help shore up long-term energy security as countries that previously relied on Russian oil and gas look for replacements amid sanctions aimed at punishing Russia for its assault on Ukraine. But the government has no plans to compromise its climate goals.

"There's no real desire to shift away from the focus on emissions reductions and the environment. We're not throwing out the climate rulebook," added the source, who declined to be identified due to the sensitivity of the information.

A spokesman for Alberta Energy Minister Sonya Savage said Canada could ship an extra 200,000 barrels per day (bpd), roughly 5% of current exports to the United States and a fraction of the 3 million bpd of Russian supply expected to be missing from April.

Many producers, particularly in northern Alberta's oil sands where new multibillion-dollar projects take years to build, are reluctant to increase spending to significantly boost output.

Critics say Canada is failing to meet its climate goals.

In 2018, Liberal Prime Minister Justin Trudeau's government bought the Trans Mountain oil pipeline to help producers struggling to get their crude to market.

Carbon emissions from the oil and gas sector have risen 20% since 2005 and contribute 26% of Canada's total emissions, making it the country's largest emitting industry.

The government has pledged to cut carbon emissions 40%-45% below 2005 levels by 2030, and is expected to outline a detailed emissions reduction plan by the end of March.

"What the Ukraine crisis has done is increase the attention being given to energy security," said George Hoberg, a professor of public policy at the University of British Columbia.

"There'll be lots of pressure from the oil and gas sector (to grow the industry) but to do so would be inconsistent with Canada's climate commitments."

Next month, the government will decide whether to approve Norwegian oil company Equinor's Bay du Nord project off the coast of Atlantic Canada. Bay du Nord has an estimated 300 million barrels of recoverable resources.

Environmental groups like Sierra Club have accused the oil and gas industry of exploiting the Ukraine crisis to drum up more support for the project.

(Reporting by Nia Williams in Calgary and Steve Scherer in Ottawa; Editing by Bill Berkrot)
A DECADE  OF PLANNING A DECADE OF IMPLEMENTATION AND THEN....
Russia’s Invasion Is Crushing China’s Belt And Road Ambitions


Editor OilPrice.com
Tue, March 22, 2022

Sanctions on Russia are sidetracking China’s Silk Road Rail Corridor – disrupting freight traffic and creating losses for China – while forcing Beijing to rethink regional trade, development and security strategies. But the most severe long-term consequences may be felt in Kazakhstan.

Boosting rail traffic running from China to the European Union via a web of routes through Kazakhstan, Russia and Belarus is a key element in the Belt and Road Initiative (BRI), a $1 trillion vision unveiled by Chinese leader Xi Jinping in 2013 to project Beijing’s economic and political influence around the world. Rail traffic through Russian territory ran on schedule during the first few weeks after Russia’s invasion of Ukraine, as orders initiated prior to the war completed their transcontinental journeys. But while transit via the sanctioned Russian Railways is still technically possible, a growing number of logistics companies have effectively halted BRI-related operations through Russia.

On March 10, for example, DB Schenker, a prominent German third-party logistics provider announced it was temporarily suspending “land, air and ocean transport” to and from Russia. A day earlier, another logistics giant, Hapag-Lloyd, confirmed it is no longer accepting bookings involving Russia, Belarus and Ukraine. Also on March 9, a statement issued by the inland Port of Duisburg in Germany, a key hub for BRI shipments, noted that international insurers are likely to stop offering coverage for shipments transiting Russia and Belarus.

The financial fallout from the Silk Road rail breakdown is affecting China in a variety of ways. Not only is the war starting to cost Beijing lost trade revenue, but it is also turning infrastructure investments into white elephants. One such project is the Great Stone Industrial Park situated about 15 miles outside the Belarusian capital, Minsk. The $2 billion, Chinese-financed complex was billed as a trade and IT hub but was mostly a goodwill gesture to induce BRI cooperation from Belarus. This investment may now prove a total loss for China.

The economic hit is relatively minor when compared to the social, economic and geopolitical headache that Russia’s attack on Ukraine is creating for Xi’s government. China’s “no limits” strategic partnership with Russia has turned into a liability for Beijing. Russian leader Vladimir Putin’s willingness to cause collateral damage to the BRI – which is intimately tied to the Chinese leader’s personal prestige – has inflicted reputational costs on China, costs that may hinder efforts to infuse the BRI with fresh momentum once the fighting in Ukraine stops. There also could be economic penalties for China, if Beijing provides tangible military or financial assistance to Russia.

Internally, the prospect of a prolonged interruption of BRI trade has significant ramifications for Beijing. A major strategic BRI objective is facilitating the pacification of China’s restive Xinjiang Province, the scene of an ongoing crackdown on Muslim minorities. Xi has consistently presented the BRI as an instrument capable of bringing peace through trade and economic development. The specific vision for Xinjiang was laid out in China’s 13th five-year plan, which pledged to “strengthen infrastructure development along major routes and at major ports of entry” and “work to develop Xinjiang as the core region for the Silk Road Economic Belt.” China’s strategy also emphasized greater economic integration with Central Asian states, in particular Kazakhstan, thus promoting a greater level of stability along China’s western border. With many BRI rail routes hamstrung, China will be hard-pressed to come up with strategic alternatives. Beyond the short-term impacts on trade, Russia’s invasion severely undermines the BRI’s “peace through commerce” strategic rationale.

Central Asia’s stability is fast-emerging as a source of concern for China, given that the sanctions imposed on Russia are also punishing Central Asian economies, and are causing labor migration patterns to shift. Remittances sent back to home by Central Asian labor migrants have long been an important source of income for many families in the region. But this crucial income stream now is in danger of rapidly drying up.

For a variety of reasons, including fears of impressment into the Russian army, legions of Central Asian labor migrants are leaving Russia and returning to their homelands, where dismal job prospects await. The combination of rapid inflation, economic stagnation and rising unemployment in Central Asia raises the risk of regional unrest. Already in January, before the start of the war, discontent boiled over into deadly street protests in Kazakhstan. Worse could be looming just over the horizon.

Kazakhstan is the Central Asian nation with the most to lose from BRI disruption. BRI transit trade had been a bright spot in Kazakhstan’s otherwise bleak economic landscape in recent years. Kazakhstan also tailored its development strategy around its role as a trade corridor. Even while the COVID pandemic was raging, trans-Eurasian rail corridors experienced growth; in 2021, the BRI network, of which Kazakhstan is a major hub, handled about 15,000 trains, ferrying almost 1.5 million containers. The massive new inland port of Khorgos, on the Kazakhstani-Chinese border, often portrayed by Kazakhstani officials as the Belt and Road’s “buckle,” generated a nice revenue flow into state coffers, despite rampant smuggling. Now, it seems likely there will be a sustained drop in trains passing through Khorgos.

Kazakhstani officials are clearly worried, especially given that the country has barely recovered from its severe bout of instability in January. The ripple effect of sanctions has already fueled a 20 percent drop in the value of the Kazakhstani currency, the tenge. The inflation rate in February was roughly double the official estimate. The Central Bank has already spent over $800 million of its reserves to reinforce the battered currency. Authorities also have imposed limits on foreign currency and gold exports. It’s uncertain whether the post-invasion spike in global energy prices can help offset the financial turbulence by providing added revenue for energy-rich Kazakhstan.

With BRI routes traversing Russia now seemingly on hold, southern routes via the Caspian Basin, avoiding Russian territory, are receiving more attention. On March 16, Xi moved to shore up diplomatic ties along the southern route, discussing trade and transit with the leaders of Turkmenistan, Gurbanguly Berdymukhamedov and his son and heir, Serdar. While growth in transit volume along southern BRI routes is possible, alternative routings that avoid Russian territory have their own logistical complications, possibly including Russia’s continuing assertion of a “sphere of influence” in the greater Caspian Basin.

War-induced destabilization is one factor behind Kazakh President Kassym-Jomart Tokayev’s offer to serve as a mediator to end the fighting. The offer, however, has fallen on deaf ears. It seems Vladimir Putin is in no mood to listen to anyone from outside his inner circle. Only China appears to possess sufficient heft to break through Putin’s defensive bubble. But so far, its “no limits” relationship with Russia seems to be trumping BRI losses and other economic considerations in prompting China to stay on the sidelines.

By Eurasianet.org