THE DEKLEPTOCRACY REPORT

August 28, 2024

Welcome to The Dekleptocracy Report! The Dekleptocracy Project (TDP) is a 501(c)(3) following the authoritarian money from Virginia. We’re on a mission to show how existing levers of accountability can protect democracy and prevent authoritarians, their networks, and enablers from exploiting or circumventing the US system. As always, please sign up and forward this newsletter.

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Welcome to our 22nd newsletter! In this issue, we take a look at an example of the EU undercutting both Ukraine and its own long-term interests by backtracking on previous sanctions commitments, extending by four years (an eternity in wartime) the ability of Russian steelmakers to export steel slabs to the bloc. Beyond sheer injustice – Russia has tried, unsuccessfully, to bomb the Ukrainian steel industry out of existence – it overlooks the long-term potential for the post-war Ukrainian steel industry to meet the EU’s needs for green steel production. And it raises the concern, once again, that many EU officials and companies are counting on Russian products and resources returning to the market as soon as the war is over. (Note: A TDP director has worked as a consultant for Ukrainian mining and metals companies. This research and editorial content is based solely on independent research using information from public sources.)

In the Digest, we take a step back and look at what we do and don’t know about France’s arrest of Telegram founder Pavel Durov. Prosecutors have outlined 12 alleged crimes that appear linked to the platform’s lack of moderation and perceived lack of timely cooperation with French and other authorities over issues ranging from copyright infringement to child abuse images. Yet, while figures like Elon Musk see the move as an attack on free speech, Russian commentators believe France is trying to compromise critical communications as Telegram has become the ad hoc comms system for its military amid the abject failure of its costly encrypted  technology. At the center of the case are speculations about Durov’s motives and loyalties.

In Qui Custodiet, we look at a Bloomberg columnist’s dissection of a recent SEC settlement with tycoon Carl Icahn over a failure to disclose failures to “disclose pledges” of securities in Icahn Enterprises’ used as collateral for personal loans and whether banks should have exercised more discretion. We also cover a recent FBI raid on the property of a prominent Russian-American commentator who now co-hosts a fiery, pro-Kremlin current affairs show on state-owned TV in Russia.

In Around the World, we note that Mexico’s outgoing president, Andrés Manuel López Obrador (AMLO) has lashed out against the US for diplomatic criticism of radical judicial reforms and American funding for a local anti-corruption NGO. It certainly raises long-standing concerns about US interference in the affairs of its southern neighbor. But a Pro Publica report about the Obama administration Justice Department’s alleged quashing of  an investigation of claims of cartel support for AMLO’s failed 2006 presidential bid suggests the US may have failed Mexico by remaining silent. Finally,we argue that  US sanctions against a former Haitian president (currently living in Miami) over alleged drug trafficking should provoke soul searching about US policy failures in Haiti and their real-world consequences. 

Can the EU steel itself for a future without Russian imports?

Russia continued this week to attack Ukrainian power infrastructure. It’s a strategy we’ve covered recently in detail. In part, it’s about immiserating ordinary Ukrainians, especially when winter arrives. But it’s also broader economic warfare. Nowhere is that clearer than in Ukraine’s steel industry, a major consumer of electricity across the supply chain. Previously, Ukraine was the world’s 14th largest global steel producer with 21.4 million metric tons of crude steel output in 2021, the last full year before the war. In many segments and geographic markets, it is a Yet, thanks to an EU compromise a ban on the import of Russian steel slabs was due to come into effect in just weeks, at the beginning of October, that ban has been postponed to 2028, providing that country’s steel sector with a crucial lifeline. As with natural gas and rare earth metals,  Europe continues to choose partial measures that are convenient in the near term while harming its own, longer term interests by ensuring continued dependence on resources under Moscow’s control even as Ukraine presents sustainable alternatives.

Russia has done its best to pummel Ukraine’s steel and mining industries into oblivion – yet it has failed to do so. In 2014, during the “hybrid invasion”, armed Russian proxies seized dozens of mines as well as steel production infrastructure. In 2022, in one of the worst atrocities of a conflict marked by Russian depredations, its forces besieged and leveled Mariupol, a city with a pre-war population of 430,000. Alongside the still unmeasured human toll, Russian forces appeared to have decimated the largest steel mill in the country, Azovstal, where Ukrainian troops made a heroic last stand. They also destroyed another steel mill and looted the city’s port, an export hub for the Donbas mining and metals industries. Since then they’ve ravaged infrastructure throughout Donetsk region, including in Avdiivka, and now threaten the industrial hub of Pokrovsk.

Yet, the steel industry was able to maintain total production volumes of crude and finished steel products at roughly the same level in 2023 as 2022. Yes, this was down 70% from 2021 levels, and the share of exports in total production declined, but this fall also fails to reflect the Ukrainian military’s reopening of Black Sea navigation in late 2023, one of the more decisive yet least heralded victories of the war. For an export-oriented industry, seaborne exports of iron ore and steel products (and receipt of inputs like equipment) are critical and hard to achieve by rail or road. Through a patient campaign, Ukrainian forces were able to break the Russian blockade, despite lacking most of the components of a Navy. Today, Ukraine continues to produce and process coking coal, iron ore and steel products for both the domestic market and export markets. Around 80% of the exported steel products go to the EU.

Two futures

Ukraine’s steel industry has not only survived the war to date, but it has also been and remains part of the EU (and UK) steel sectors, exporting both semi-finished and finished steel products. Ukraine’s Metinvest Group owns re-rolling mills in Bulgaria, Italy and the UK that re-roll finished steel products from imported slabs – semi-finished forms of steel. While the Russian occupation of Mariupol has reduced (but not eliminated) Ukrainian slab and finished steel exports, Ukraine’s surviving mining and metals industry provides the EU with a long-term source of both raw materials and generations of human capital crucial for meeting the bloc’s needs.

To ensure this future, Ukraine’s government and industry (and European partners) have outlined how to rebuild steel production infrastructure that meet European Green Deal and other low emissions commitments as part of a pathway for the country’s future accession to the union.  A World Economic Forum study found that targeted investments in green steel production in Ukraine could put US$415 billion in what it terms “gross value added” into the economy, compared to traditional steelmaking. For Ukraine, this means having the materials needed to rebuild the country after the war. For the EU, Ukraine can provide not only finished steel products, but also slabs for re-rolling and high quality iron ore products used in electric arc furnace (EAF) production and other low carbon steelmaking technologies across the bloc.

In the meantime, Russia’s steel industry has taken a very different path. In a January 2024 analysis for BNI Intellinews, Georgetown University’s Thane Gustafson charted how the industry was, during  the 2000s,  a rare example of a Soviet sector that had been reshaped through privatization into several profitable groups and made successful inroads into both the domestic and export markets (primarily to the EU, but some even bought US production assets to avoid tariffs). Yet, as he notes, the stagnation of the Russian economy over the past decade has inflicted a toll. Today, the industry is buoyed by a wartime economy. But, unlike Ukraine, it has not articulated a clearcut plan for decarbonization. It faces hurdles such as the EU’s implementation of the Carbon Border Adjustment Mechanism (in essence, a tariff on the carbon costs of a product) as well as increasing Chinese exports as mills in that country look for markets amid a slumping domestic construction sector.

Road not taken

Against this background, the European Union appeared ready in October 2022 to take steps that would all but eliminate Russian steel imports to the EU. As part of a broader sanctions package, the EU banned imports of rolled, semi-finished steel products from Russia in Oct. 2022, but granted a grace period for shipping some goods through the beginning of October 2024. Yet in December 2023, while tightening rules for pig iron and ferroalloys in the 12th Sanctions Package, it extended the period for permitted imports of slabs and steel billets, subject to quotas, by four years, to October 2028. An analyst for GMK Center, a Ukrainian metals and mining association, noted at the time that the extension, the perceived result of lobbying by certain European buyers, would allow Russian producers to “continue operating under the current business models for a long time.”

The extension appears to benefit a very specific EU lobby – the Belgian steel industry. A GMK Center analysis of European steel imports from Russia during the first two months of 2024 found that Belgium imported around 142 thousand metric tons of semi-finished steel products, down 31% year-on-year, the only significant EU importer during the period. As Bloomberg has reported, a Walloon joint venture importing slabs from a Russian producer – which has not been sanctioned by the EU – is a primary beneficiary of this deal. The Belgian side has reportedly argued that the grace period would allow it to invest in greener EAF production capacity.

In a recent interview with Italy’s Corriere della Sera, the CEO of Ukraine’s Metinvest pointed out that the deal to allow in more Russian steel rewards Russian steel producers for their roughly 15% cost advantage due to lower energy costs even as Moscow targets Ukrainian power plants. Notably, he also argued that the deal also harms EU producers, such as the Acciaierie d’Italia steelworks in Taranto, Italy, which the Italian government nationalized in January 2024 and which also cannot compete with Russian imports. And it again raises the wider suspicion that large parts of European industry believe that a status quo ante bellum will be quickly restored when the current war ends, and they will continue to profit from cheap Russian resources. It is a sense that pervades other discussions, such as EU dithering over plans to seize Russian assets parked in the Euroclear system, also based in Belgium – an issue that saw its fair share of lobbying. It’s a perspective that ignores that investments in Ukrainian green steel and the wider economy as part of an accession process (like in Poland and other Central and Eastern European countries before and after the 2004 “Big Bang” accession of ten countries) can foster a sustainable economy, expand a huge market for the EU and secure the eastern flank for the bloc for decades to come.

French arrest of Durov breaks the internet

First, fair warning that reading this post will only raise more questions about Telegram founder Pavel Durov and the fate of the Telegram platform. Why? Because no one in the public domain can agree on the geopolitical subtext of the charges or even Durov’s underlying motivations and loyalties. This week, French prosecutors outlined 12 crimes, including complicity in the distribution of child pornography and drugs, money laundering, and a refusal to cooperate with law enforcement, as part of an investigation initially opened on July 8 against an unnamed individual. From the charges it appears that Telegram’s vaunted lack of moderation and perceived reluctance to cooperate with law enforcement in various jurisdictions is at the heart of the case.

People who define themselves as free speech absolutists portray the arrest as a chilling move against a man some call the Russian Elon Musk. Earlier this week,Musk himself tweeted a news story about the arrest with the caption: “POV: It’s 2030 in Europe and you’re being executed for liking a meme”. Yulia Latynina, an exiled Russian journalist and libertarian commentator, was just as subtle, writing: “[the] Pavel Durov arrest is the biggest attack on free speech. His charges are sham. Pavel Durov is a political prisoner. Elon Musk is next.” The timing of the arrest is awkward for French President Emmanuel Macron, whose rejection over the weekend of a left-wing government  has sparked a fresh political crisis and accusations of authoritarian overreach. He felt constrained to go on Musk’s platform to remind the world of France’s separation of powers: “It is up to the judiciary, in full independence, to enforce the law.”

The Russian reaction has been the most striking, raising questions about the exact relationship between Durov and the regime, if any. Durov left Russia in 2014 for the stated reason that he refused to give the authorities the names of subscribers to opposition Telegram channels. The app was banned and then, in a rare retreat, legalized. Yet, as a French analyst pointed out this week, Telegram complies with many Russian regulations and regulators (and does so in other jurisdictions). Most critically, it has become the de facto communications system for the Russian military amid the abject failure of its military-grade comms since the outset of the full-scale invasion. Russia’s panic after the arrest suggests they fear Durov could hand the keys to the kingdom to the French authorities, a cognitive leap that assumes he could be compelled or decide to cut a deal. Meanwhile, the unanswered questions and contradictions keep piling up. In particular, why did Durov fly from Baku (during a visit by Vladimir Putin) to Paris if he knew he faced potential arrest? What is his relationship with the Russian regime? These questions are far from academic for the 1 billion users of the platform worldwide, including many living under authoritarian regimes. French prosecutors do not owe the Russian armed forces transparency in this investigation. But they should make clear, as they proceed, to ordinary users in places like Iran if their posts and messages have been compromised (or have been all along).

SEC settles suit against Icahn over failure to disclose pledges

Last week the US Securities and Exchange Commission (SEC) announced charges against – and a settlement with – tycoon Carl Icahn over failures to “disclose pledges” of securities in Icahn Enterprises’(IEP) “as collateral for billions in personal loans”. It noted that Icahn and IEP settled the case for around US$2 million, a moderate amount given the figures involved. But was it just an esoteric paperwork error? No, according to market watchers, it was much more serious. As Bloomberg columnist Matt Levine wrote recently: “If you were a retail investor considering investing in IEP in 2021, and you carefully scoured its financial reports, you could not have learned that Icahn had pledged half of the outstanding shares to secure margin loans, which could have led to disastrous forced selling.” Yet, as Levine notes, the mystery is less that Icahn failed to disclose the pledges than the banks gave him the money since they had made the margin loans in the first place. Did IEP’s solidity warrant such consideration? Short seller Hindenburg Research claimed in May 2023 that IEP resembled a “Ponzi-like economic structure”. Even if that is dramatic license from an activist fund, the episode is a worrying reminder that the next market correction may see similarly risky deals unwind in a less controlled way, threatening market stability.

Feds raid Virginia property of US policy analyst turned Russian TV star

A purported refusenik and child of dissidents from the Soviet Union in the 1970s, Dmitri Simes, the founding chairman of the Nixon Center for Peace and Freedom – now the Center for National Interest (CNI) – was not home when the FBI raided his Virginia farm and stayed on the property for multiple days last week. No charges have been brought against Simes and no official source has suggested he is a law enforcement target. But it would be fair to say that he is familiar to law enforcement. He has an entire chapter in Special Counsel Richard Mueller’s report on the investigation of Russia’s interference in the 2016 presidential election amid indications he was an intermediary between members of the Trump campaign and the Russian government. In 2022, Simes stepped down from the center and moved to Moscow, where he became a co-host of state-controlled First Channel’s the Big Game (a nod to the Great Game), a glitzily produced current affairs show on which he had appeared as a guest for several years. His cohost, Vyacheslav Nikonov, once a heavyweight academic and alleged US citizen, has dubbed Russia’s invasion of Ukraine a “holy war” amid a long list of scenery-chewing statements. The US sanctioned Nikonov, the grandson of Stalin’s long-time foreign minister Vyacheslav Molotov, in April 2022 and the UK followed suit. In a recent interview with American journalist Julia Ioffe, Simes compared the actions of the FBI to the Soviet KGB and complained his bank account was frozen. He speculated the raid may be linked to the Foreign Agent Registration Act, while underlining that he was making no attempt to influence US opinion. Having obtained Russian citizenship, Simes indicated he would not return to the US amid the administration’s “crusade” against Russia. Even if Simes does not come back, we can hope the Feds can at least disclose why they raided the home of a long-time key figure in what he calls the Russian-American “dialogue.”

Mexican president protests US funding of anti-corruption NGO

He may be leaving office in a month, but Mexico’s president has been lashing out at foreign critics on the way out the door. Almost two weeks ago, Andrés Manuel López Obrador (AMLO) lashed out at the US over funding of an anti-corruption NGO, Mexicanos Contra La Corrupcion y La Impunidad (MCCI, Mexicans Against Corruption and Impunity). This week, AMLO said he would “pause” relations with both the US and Canada after ambassadors from both countries criticized plans to overhaul the judiciary. In the first case, the US Agency for International Development (USAID) reportedly provided around US$5 million in funding for MCCI in recent years, along with smaller private donations. Notably, MCCI was founded three years before AMLO took office and has criticized the previous government and other parties. An MCCI report on a controversial tourist train project – Tren Maya – appears to be one cause of his wrath. The more recent dust up is over a much more consequential move – under his proposed reforms, Mexico’s federal judges, including members of the Supreme Court, would be removed, and their replacements would be elected by popular vote. US Ambassador Ken Salazar, who is reportedly personally close to AMLO, publicly decried the plan, saying the moves “threaten the historic trade relationship we have built, which relies on investors’ confidence in Mexico’s legal framework”. Mexico is rightly sensitive about US interference in its affairs, but both current and past administrations have also bent over backwards not to offend AMLO. A recent Pro Publica report found that the US Department of Justice shut down an investigation during the Obama administration of alleged claims of cartel support for AMLO’s failed 2006 presidential bid.

US sanctions former Haitian president for drug trafficking

Last week, the US Treasury’s Office for Foreign Asset Control (OFAC) announced its designation of former Haitian President Michel Joseph Martelly for his alleged role in drug trafficking. Martelly’s time in office from 2011 to 2016, following the devastating aftermath of the 2010 earthquake, saw a surge in gang violence and drug trafficking and featured one of the troubled Caribbean country’s largest corruption scandals in recent years, the alleged embezzlement of more than US$2 billion from a Venezuelan aid program. The move against Martelly, who lives in Miami and, incongruously, has played recent gigs as a musician, was not immediately accompanied by criminal charges. But, according to the Miami Herald, the designation sent shock waves through the Haitian elite, and the government convened a cabinet meeting to discuss the fallout. The US previously sanctioned a prime minister and senators who were in office under Martelly and his protégé and successor, Juvenal Moise, assassinated in 2021, while a 2021 US special counsel investigation, based on whistleblower complaints,  found that the US Drug Enforcement Agency bungled a major drug investigation in Haiti. The current US-backed administration remains embattled amid a slow-to-deploy, Kenyan-led policing mission. These embarrassments underline the degree of US complicity and incompetence in its dealings with the Western hemisphere’s poorest country, one caught up in a drug trade fueled by US demand.

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