Thursday, October 06, 2022

GUNRUNNING IN THE PERMANENT ARMS ECONOMY
She’s a Doctor. He Was a Limo Driver. They Pitched a $30 Million Arms Deal.

New brokers are cashing in as the Biden administration quietly encourages private weapons sales to Ukraine. Oversight is scant in these shadows.


A Ukrainian soldier with a rocket-propelled grenade launcher outside of Kharkiv in the early days of the war. Ukraine has turned to private arms deals to meet its needs.
Credit...Maksim Levin/Reuters

By Justin Scheck
Oct. 6, 2022, 

EUREKA, Mo. — After falling out with his partner at a limousine company in the St. Louis suburbs, Martin Zlatev recently sought a lucrative new business opportunity: selling $30 million worth of rockets, grenade launchers and ammunition to the Ukrainian military.

Mr. Zlatev and his new business partner, a local osteopath, took their first crack at international arms dealing. Contract documents and other records obtained by The New York Times show that the deal relied on layers of middlemen and transit across seven countries. And it exists in a legal gray area, designed to skirt the arms-export rules of other countries.

“Time is of the essence,” the pair recently wrote to Ukraine’s Ministry of Defense. They outlined a plan to sell American, Bulgarian and Bosnian arms to Ukraine.

Since the Russian invasion in February, the Biden administration has quietly fast-tracked hundreds of millions of dollars’ worth of private arms sales to Ukraine, slashing a weekslong approval process to a matter of hours. In just the first four months of the year — the latest data available — the State Department authorized more than $300 million in private deals to Ukraine, government documents show. The department authorized less than $15 million worth of such sales to Ukraine during all of the 2021 fiscal year.

That has helped open another stream of weapons to the Ukrainian battlefront, but it has also enticed new players like Mr. Zlatev and his partner, Heather Gjorgjievski, into a shadowy market. Weapons sold through private brokers are far more likely to end up on the black market and resurface in the hands of American adversaries, according to government advisers and academics who study the trade. Recent experience in Afghanistan and Syria shows that, without strict tracing policies, weapons can end up with terrorist groups or hostile military forces.

These private arms sales are a pittance compared to the more than $17.5 billion worth of machine guns, anti-tank missiles and other security aid the White House has sent to Ukraine. But those deals have stringent tracking requirements to help ensure the weapons go to their intended recipients. Private sales come with less oversight. The sellers, the buyers and the weapons are all kept out of the public eye.

“It’s the Wild West,” said Olga Torres, a lawyer who represents arms exporters and serves on the federal Defense Trade Advisory Group. “We are seeing a lot of people who were previously not involved in arms sales getting involved now because they see the opportunity.”


Ukrainian soldiers manning a checkpoint with a donated American .50-caliber machine gun near a village in the eastern region of Donetsk.
Credit...Ivor Prickett for The New York Times


In recent months, Ms. Torres said, she has consulted with a Texas nonprofit that tried to send weapons to Ukraine without realizing it needed U.S. permission, and a broker who wanted to sell Indian weapons to Ukraine but illegally claim they were American. (She said she did not ultimately represent the broker.)

Just as it has cut the approval time for deals to under a day, the State Department has also accelerated the registration process for new arms dealers.

The State of the WarRussia’s Retreat: After significant gains in eastern cities like Lyman, Ukraine is pushing farther into Russian-held territory in the south, expanding its campaign as Moscow struggles to mount a response and hold the line. The Ukrainian victories came as President Vladimir V. Putin of Russia illegally annexed four regions where fighting is raging.
Dugina Assassination: U.S. intelligence agencies believe parts of the Ukrainian government authorized the car bomb attack near Moscow in August that killed Daria Dugina, the daughter of a prominent Russian nationalist. American officials said they were not aware of the plan ahead of time and that they had admonished Ukraine over it.
Oil Supply Cuts: Saudi Arabia and Russia, acting as leaders of the OPEC Plus energy cartel, agreed to a large production cut in a bid to raise prices, countering efforts by the United States and Europe to constrain the oil revenue Moscow is using to pay for its war in Ukraine.
Putin’s Nuclear Threats: For the first time since the Cuban Missile Crisis in 1962, top Russian leaders are making explicit nuclear threats and officials in Washington are gaming out scenarios should Mr. Putin decide to use a tactical nuclear weapon.

“Generally, this is a process that takes 60 days,” Mr. Zlatev wrote in a letter to the Ukrainian defense ministry. “We were approved in seven days.”

At home on a suburban cul-de-sac on a recent Tuesday, Mr. Zlatev, 45, came to the door and denied any knowledge of an arms deal. “I don’t know what you’re talking about,” he said when shown copies of contracts for rockets, grenade launchers and bullets drafted by his company and the Ukraine Ministry of Defense.

Leaving her medical office later that day, Dr. Gjorgjievski, 46, acknowledged knowing about the deal but would not discuss it.

Richard El-Rassy, a lawyer for Mr. Zlatev’s company, later sent an email explaining that the company aimed “to facilitate potential defense trade transactions with allied foreign nations.” He said the State Department had approved the company’s request to move ahead with a deal.

With a typical arms broker commission, the pair would stand to make more than $2 million.

Records show the deal was in its final stages, with both sides having reviewed and revised the contract.

But after The Times asked both Mr. El-Rassy and the Ukrainian government why the deal relied on falsified documents to evade foreign export laws, the lawyer sent a new statement saying the deal was off. Both Bosnia and Bulgaria, two key weapons sources in the deal, have publicly said they do not allow arms exports to Ukraine.

The Biden administration encourages private sector deals for several reasons. It saves the Pentagon from further depleting its own armory after months of sending arms to Ukraine. And private sellers can provide weapons that the government cannot — like the Soviet-style weapons already used by Ukrainian soldiers.

President Biden signing a bill in May that accelerated military aid for Ukraine. The administration has approved hundreds of millions of dollars in private arms sales to the country.
Credit...Cheriss May for The New York Times

Not all private sales carry the same risk. Foreign governments, for example, frequently buy weapons from major American defense contractors. Deals like the one Mr. Zlatev proposed are different. Rather than selling directly, they involve brokering arms sales from other countries, with numerous middlemen in between.

Records show that Mr. Zlatev and Dr. Gjorgjievski planned to supply Ukraine with bullets produced in the United States and weaponry from Bulgaria and Bosnia.

Each of the deal’s many intermediaries is a potential point for weapons to be diverted, experts say. That’s especially true when dealing with countries like Ukraine and Bulgaria with well-documented corruption and free-flowing black-market arms.

“All the risks — diversion, escalation, corruption — are all magnified by the fact that we don’t have visibility into these private-sector deals,” said Elias Yousif, a researcher with the Stimson Center, a Washington research group that studies the arms trade. “You encourage this entire economy that exists in this gray space across borders and with people of questionable motives.”

While lawyers say they have seen an influx of new brokers, a State Department spokesman said that the department had not compiled data for 2022 to say for sure. Regardless, the spokesman said that brokered arms deals like the ones Mr. Zlatev proposed represent a small fraction of the American-authorized arms trade.

The State Department has a tracking program that examines a portion of the deals, looking for risks of arms being diverted, among other concerns. Of the 19,125 export requests that the department authorized in fiscal year 2021, the tracking program checked 281.

Mr. Zlatev, who is originally from Bulgaria, got into the arms business last December during a perilous moment both at home and abroad. Russian troops were massing near the Ukrainian border. The pandemic destroyed business travel to St. Louis, crushing the limo industry, and Mr. Zlatev had a falling out with his business partner.

He based his business, BMI US LLC, in Eureka, a small city on the far outskirts of St. Louis. The company shares an address with a firearms training facility, next to a Mexican restaurant. A trainer there said Mr. Zlatev rents space because federal regulations require some arms dealers to have a physical address.

Ukrainian soldiers servicing a captured Russian armored personnel carrier in the Donetsk region. Many new arms dealers started in the trade just as Ukraine was desperate to buy any weapons it could find.
Credit...Tyler Hicks/The New York Times

Later corporate filings show Dr. Gjorgjievski as a partner. They got BMI letterhead with cross hairs over the “I.”

The timing was perfect. Ukrainian authorities were soon scouring the world for weapons, looking to quickly spend whatever was necessary to bolster the front lines. For instance, a state-owned Ukrainian company began contacting American arms brokers, looking to buy tanks, mortars and Soviet-style MiG-29 fighter jets, according to letters obtained by The Times.

The American side of the BMI deal was relatively straightforward, documents show. Once the Ukrainian government deposited about $25 million in the company’s Bank of America account, BMI would pay a middleman for 2.2 million rounds of surplus U.S. military ammunition and fly it to Poland. From there, drivers would truck the bullets to Ukraine.

Separately, BMI would buy 540 anti-tank rocket-propelled grenade launchers and 22 mortars from a Bosnian producer. These weapons would travel by truck convoy through Croatia, Slovenia, Austria, Slovakia and Poland to the Ukrainian border, according to the deal documents.

Mr. Zlatev also planned to ship 900 air-to-ground rockets from Bulgaria, through Poland, to Ukraine.

The Bosnian and Bulgarian deals, worth about $5 million, were complicated by the weapons export bans in both countries.

Records show that BMI planned to get around that by providing documents to the Bosnian and Bulgarian governments falsely claiming that the arms would end up in Poland, rather than Ukraine, according to a plan Mr. Zlatev sent to Oleksandr Liiev, a former Crimean tourism official who now procures weapons for the Ukrainian Ministry of Defense.

Ukrainian servicemen studying a Soviet-designed RPG-7 grenade launcher during a training session on the outskirts of Kharkiv in April.
Credit...Andrew Marienko/Associated Press

The legality of using falsified records is murky, say lawyers and academics who work in the field. BMI’s documents say it was honest with the State Department about the weapons’ real destination. But the use of subterfuge abroad would make an already murky trade even more opaque, and risk upsetting allied foreign governments.

“Anytime there’s fake end-user certificates, that should be a red flag to the State Department,” said Jodi Vittori, a Georgetown University professor who studies the arms trade.

A State Department spokesman declined to comment on whether such practices would violate U.S. laws. A spokesman for the Ukrainian defense ministry would not discuss the BMI deal.

Whether the deal goes forward or not, the BMI documents show that the Ukraine war presents an opportunity to charge big prices. The bullets that Mr. Zlatev planned to sell were 50 percent more expensive than those publicly listed by other vendors. His grenade launchers were selling for more than twice what is listed on a price list for United Nations peacekeeping forces. Experts say these increases typically help pay the middlemen — at the expense of a nation in the middle of a war.

The bullets, rockets, mortars and grenade launchers that Mr. Zlatev planned to ship were unlikely to meaningfully tilt the war in Ukraine’s favor, said Mr. Yousif, the researcher. But the process of establishing middlemen, trade routes and agents with falsified documents could have a lasting impact.

Once the war is over, he said, Ukraine could turn into a hub for black-market weapons dealing: “The illicit market will emanate from this country for the next 30 years, as it did just after the Cold War.”

Justin Scheck is a reporter for The Times working on international investigations. @ScheckNYTimes

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