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DANCES WITH BEARS
How to redress a Russian aluminum oligarch

By John Helmer

MOSCOW - Picasso was late for dinner at Gertrude Stein's, in Paris in 1907, when Alice B Toklas said to him, after the painter had been seated beside her, that she liked his portrait of Stein, on the wall above them, very much. To which Picasso famously replied: "Everybody says that she does not look like it. But that doesn't make any difference. She will."

Oleg Deripaska is like that. In negotiations now under way with Alcoa, the global aluminum leader, he's hoping that the Americans will come to like him, too. If they do, a trans-Pacific metal giant will emerge to challenge the newly conceived Canadian-French combination of Alcan and Pechiney.

The Russian oligarch, who owns most of Russian Aluminum (Rusal), and the Basic Element holding, in which he's placed his paper and pulp assets; car and bus factories; an aircraft production line; more than one electricity plant; a bank, an insurance company, and stakes in a steelmill and regional media, is very sensitive about how his business operations and acumen are reported.

Accordingly, he retains a large staff of public relations men and lawyers to paint the portraits he prefers of himself, as well as of the financial condition of his companies. The job of this staff is also to issue complaints and threats whenever Deripaska doesn't look like the pictures others draw. He is currently litigating against Le Monde in Paris, and Frankfurter Allgemeine Zeitung in Frankfurt, claiming defamation. In the US, he has engaged a former US attorney-general and state governor to launder his reputation. In Moscow, he has frequently sued, or threatened to sue, newspapers and their writers. But as Picasso warned, time will decide. None of Deripaska's efforts will make much difference if President Vladimir Putin means to include him in his list of five, seven or 10 Russian oligarchs whose empires, Putin announced before Christmas, face dismantling.

To be true, Deripaska didn't accumulate his most valuable assets through rigging privatization of state assets, at least not if his acquisition of the alumina refinery at Nikolaev is excluded, because it is across the border in the Ukraine. It is currently up to a Ukrainian court, and then the Ukrainian government, to decide that question. In Moscow, the only legal challenge Deripaska's assets currently face is aimed at his takeover of the Ingosstrakh insurance company, Avtobank, and the Nosta steel company, which federal prosecutors have been investigating, at the behest of the former proprietor, for several years now. Elsewhere in Russia, there are legal challenges to Deripaska's paper and pulp acquisition strategy, but these are private, and so far they do not involve state prosecutors. A recent negotiation between Deripaska and Ilim Pulp has ended without agreement on the size of the payment Deripaska would take for lifting his siege.

Deripaska's prime asset, and the source of most of his cash, is Rusal, after Alcoa the largest producer of primary aluminum in the world. It comprises four smelters, two alumina refineries, the world's largest aluminum rolling mill, and various other metal fabricating plants. Rights to mine bauxite in Guinea are also part of the group's assets.

Deripaska bought them in partnership with others, the most obvious of whom was Roman Abramovich. Deripaska claims that he bought the least reputable of his partners out some time ago. Last September, he agreed to pay Abramovich $2 billion in instalments for a 25 percent shareholding in Rusal, raising his stake to 75 percent. The cash to fund that acquisition is coming from Rusal. And therein lies a problem that Deripaska and his financial advisors have been wrestling with for months. He would like to acquire 100 percent of the Rusal asset as soon as possible, just as he would like to consolidate the many shareholdings that comprise the Rusal group into a single, tradeable, bankable stock.

Among the oligarchs, Deripaska stands out as the slowest to reorganize the assets he controls into the form in which he could start selling it off to Western investors, at a premium price. For the time being, even if he wanted to cash out, selling a large stake of Russia's aluminum resource to a foreigner like Alcoa or Alcan-Pechiney, he can't. With Alcoa, the most Deripaska can do is to revive an old scheme he operated with Reynolds Aluminum, and create a joint marketing network for rolled aluminum products. He even trails behind his much smaller aluminum competitor, Victor Vexelberg's Siberian Ural Aluminum (SUAL), in being able to float on the international market (despite his promise, Vexelberg has yet to achieve that for SUAL).

Ironically, these disadvantages are a form of protection Deripaska may presently enjoy from the Kremlin's promised policy to secure domestic natural resources from their disposal by the oligarchs. Deripaska may be starting to have problems with the Kremlin's new tax policy. But he can continue playing the Russian national card. It is to his advantage that he is not half as welcome in Washington or London as the other oligarchs.

Understandably, Deripaska feels this as a personal slight, and also as an added cost on his borrowing bill. But if Rusal's reputation is to grow, and its debt servicing charges to drop, Deripaska must provide more financial transparency than Rusal has done to date. At all costs, he must avoid the impression that Rusal is the cash cow which the holding company, Basic Element, milks, whenever it is thirsty. On the other hand, the system of internal and offshore pricing on which Rusal and its producing and trading units has been built, makes transparency a difficult objective to achieve. For this reason, it is surprising that Deripaska and his Rusal have defaulted on the award against them by a Zurich arbitration tribunal of more than $100 million. The award - a drop in the bucket for a group whose revenues are running at about $4 billion per year - was gained a year ago, following a claim for arbitration of contract provisions which the Swiss trader, Aldeco, sought to enforce after Rusal took over the Krasnoyarsk smelter in 2000, canceling its previous trading arrangements. Several hundred million more dollars in similar aluminum trade claims against Rusal or its units are awaiting arbitration hearings in several international jurisdictions.

That Deripaska and Rusal should be afraid of this is revealed by the lengths they will go to stop anyone from noticing. Whenever the Aldeco affair is reported, Rusal executives have issued threats of legal action, along with letters personally attacking newspaper reporting of its business. The company has not identified any error in the reports it has attempted to suppress. Official disclosures by the company itself are the sources for the reporting.

A similar pattern of intimidating letters and threats follows reporting of the movement of Rusal aluminum from port to port, across the high seas. Following last year's deep freeze that paralyzed St Petersburg's port, aluminum shipments, including Rusal exports, to the United States, China and other destinations were redirected away from St Petersburg, according to metal traders and port records. In all, export shipments of nonferrous metals, including aluminum, through St Petersburg have fallen year on year by more than 20 percent.

At the same time, the State Statistics Committee has reported that production of primary aluminum rose about 4 percent. Much of that increase appears to have been exported, because production of aluminum rolled products has reportedly fallen during 2003 by about 3 percent. Rusal's official website has not released comprehensive production or trade data since 2002. Rusal executives have attempted to suppress reporting of metal movements by claiming the details are commercial secrets, threatening anyone who discusses them. But the campaign of intimidation has turned out to be more revealing than the information itself. In the past Deripaska has had reason to rue what his public relation men have said on his behalf . He probably doesn't realize the damage they continue to do to him.

In the months ahead, the oligarchs who will survive Putin's five, seven or 10 threat will be the ones who can lie low most effectively. Deripaska understands how much the Kremlin already knows about his business. He can be confident that almost nothing that has been reported in the domestic or foreign media to date matches the scope of what Putin already knows, or could call up with a telephone call to a subordinate. On the scale of demonstrable threats to the economic security of the state, Deripaska ought to be trying to convince his detractors, inside the Kremlin and out, that Basic Element and Rusal are not to be compared with the Yukos group, Sibneft and Millhouse, or Interros and Norilsk Nickel. Instead, he has inspired his subordinates to play a cat-and-mouse game abroad that threatens the very survival assets Deripaska will need at home.

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Jan 28, 2004



 

 

 
   
         
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