The British Experience: Oil and Murder

The end game looks near for the British in one of their pair of bouts of brinksmanship with Russia.

The two countries have been circling one another for months over oil and murder -- in one case, over who will control TNK-BP, the rich Russian oil company; and in the second, over whether British citizens can be murdered with impunity, allegedly by Russian visitors.

The latter issue, over the 2006 nuclear poisoning in London of KGB defector Alexander Litvinenko, may never be resolved. But the former question is highly active at the moment. It involves an attempt by a trio of Russian oligarchs to squeeze BP in their highly lucrativem five-year-old TNK-BP oil partnership. Those observing the dustup debate what the objective is, but there's no doubt that matters took a turn against BP today, when Russian bureaucrats barred Robert Dudley, BP-appointed head of TNK-BP, from working in the country. Visa officials are siding so far with the oligarchs, who in their effort to push Dudley out of the company have said his employment contract has expired.

But that's just the beginning. Last week, 16 senior Russian managers at TNK-BP filed suit for alleged discrimination. These are not billionaires -- they would not have done so were they not fairly sure of cover. Either they are certain that the oligarchs are going to emerge triumphant; they were recompensed generously for possibly risking their jobs; or they are certain they cannot be retaliated against. Whatever the case, things generally go bad for the foreign partner in the former Soviet Union as soon as the issues hit the courtroom.

In a story over the weekend by Andrew Kramer at The New York Times, unnamed analysts suggest that we are watching a new tactic in a now-accustomed Russian strategy of exerting state control over the country's prime energy assets. In this case, the article suggests, the Kremlin has effectively directed the oligarchs to do their worst, the aim being a renegotiation of the 2003 deal.

Indeed, according to my own sources in BP, the company has already resigned itself to losing control of TNK-BP; only, it wants to hand over that control to the state, and not to the oligarchs, who it thinks will simply raid the assets, as they did in a previous dustup in the late 1990s.

I think that's true too -- the Russian state at some point soon will take control of the majority of TNK-BP's assets. The questions are what is going on in the meantime, and how much will BP lose? The prevailing wisdom is that the company will keep most of its share. But is that definite? Will the oligarchs be completely out of the arrangement?

While the New York Times piece is interesting, I don't find it ultimately convincing. Over the last eight years of oil nationalism, Vladimir Putin has made a deliberate attempt to make the country appear governable again. Tax inspectors have swooped in, along with environmental bureaucrats, but the objective was clear, and the targeted Big Oil companies knew what it was; once they elected to surrender control, the rest was quite orderly. That's not the case here. And I find it hard to believe that the Kremlin is now going in reverse, and intentionally making Russia look entirely unmanaged by encouraging the oligarchs to run rampant over BP.

A more compelling argument, made earlier on O and G, is that the Kremlin is simply in turmoil and hasn't decided yet which power group will be the winner of assets such as TNK-BP; will it be Gazprom or Rosneft?

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Catfights and Bystanders in Russia

Russia is getting harder and harder for BP, whose executives are now getting kicked out of the country. That's not wholly surprising, since the British company is still operating by the old, pre-Putin-era rules that allowed Big Oil to own half or more of a large oil field. But there's something different about this dust-up, and that's that the Kremlin isn't stepping in to make clear the price of peace. The reason may be that the price isn't yet clear because the Dmitry Medvedev Kremlin hasn't decided who is going to control the spoils of the state.

The normal course of business when a western oil company has been shellacked in Russia is that it's been communicated a relatively clear state objective (usually that the Kremlin wants control of the field to go to Gazprom or Rosneft). BP knows this, since almost exactly a year ago it voluntarily agreed to a shellacking when it sold a 63% holding in Kovytka, a huge natural gas field, to Gazprom. (BP also was shellacked involuntarily by its current Russian partners in 1999.)
This time, BP says it's received no such alert. Indeed, the Kremlin says it's staying completely out of what it calls an internal matter between BP and its Russian partners in TNK-BP, which accounts for a full quarter of the British company's annual production.

Today, BP's Robert Dudley, who is CEO of TNK-BP, said his visa hasn't been renewed, and that he'll probably have to leave Russia by the end of July. It's the same for around 79 foreign BP employees.

The Russian partners -- oligarchs Mikhail Fridman, Viktor Vekselberg, Len Blavatnik and German Khan -- say they are simply seeking a larger say in how TNK-BP does business.

I talked to a BP adviser who asked that his name not be used. What he reckons is that we are watching a defensive maneuver.

It goes like this: All parties know that eventually the Kremlin is going to insist on TNK-BP being controlled by Gazprom or Rosneft. There also seems to be a presumption -- although I personally am not convinced of this -- that it's the Russian oligarchs who will be forced out, since they bring only money and no expertise to the oilfields. So, according to this scenario, the oligarchs are seeking to get control of some or all of BP's holding so that when, say, Gazprom comes along, they command a "control premium" in the negotiations, and can demand more money.

For the record, one of the oligarchs has told me by email that this scenario is inaccurate. "The aim is to have a bit more [of an] independent company and get liquidity options with much higher valuation than now (within the next 1-2 years)," he said. In other words, TNK-BP could be worth much more in a couple of years than now, when the Russians could think about selling out.

However, for argument's sake, sticking with the BP adviser's assertion: if Gazprom or Rosneft are to step in, where are they? And why are their executives claiming they aren't interested?

According to this BP adviser, it's because of a power struggle within the Kremlin between officials associated with Gazprom, and those associated with Rosneft. The outcome will decide "who is advantaged in the Kremlin."

I found this explanation compelling. Why else would the Kremlin stand aside and let this go on?

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What BP Has to Fear

Why are we hearing BP chairman Peter Sutherland accuse his Russian partners of being thieves? Is the latest oil drama in Moscow truly a rough, 1990s-style grab for assets, as BP has cast its dustup with the Russian oligarchs Mikhail Fridman, Viktor Vekselberg and Len Blavatnik?

The short answer seems to be no.

On the first question, BP's public indignance appears to reflect an understanding that it faces a threat not just to its Russian assets, which comprise a third of the company's entire worldwide reserves, but to control of BP itself. And in the second case, the oligarchs have stated -- and I think it's true -- that they simply disagree with how BP has managed their joint company, called TNK-BP. As 50% owners of the company, they want a greater say in its operation, including an expansion overseas. And they want the current CEO, Robert Dudley, to be sacked.

BP could simply accede to these demands, and get on with business. That doesn't currently seem likely, one reason being that Sutherland could have difficulty climbing down after taking the altercation so personally.

Short of such a concession, one finds two potential outcomes, neither of them pleasant for BP:

In the worst case (for BP), the largest single block of its own shares -- about 10% of them -- will come to be owned by the four Russian oligarchs. That is one suggestion by the oligarchs -- that the dispute be settled by an exchange of their TNK-BP shares for BP shares. In this scenario, BP has said that it would sell control of TNK-BP to a Russian state company, probably Gazprom or Rosneft. The takeaway from this outcome is BP culture could be forced to change by such assertive new shareholders. Imagine Carl Icahn on steroids.

In the less unfavorable outcome, BP would cut its losses and sell out its half-interest in TNK-BP. The buyer again would be either Gazprom or Rosneft, and the price would be far less than the generally quoted market value of $20 billion-$25 billion. BP would argue that any sum above $7 billion -- appoximately the price it paid for its share five years ago -- would be gravy. But in fact, it would be fleeing a genuine fear of the first scenario.

By its hands-off behavior, the Kremlin seems happy to watch BP twisting. Don't look for assistance from President Dmitry Medvedev.

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Putin's Wealth

The FT's Catherine Belton and Neil Buckley weigh in with an impressive story that attempts to penetrate the question of Vladimir Putin's personal fortune. This enterprise -- the documentation of what Putin is worth -- will require a long, ongoing and determined effort. But Belton and Buckley try to peal away a layer.

The piece involves Gunvor, the Swiss-based oil trading company that has miraculously (Hey, we're just really good businessmen) grabbed control of a third of Russia's oil exports. One public owner of Gunvor is Gennady Timchenko, a reclusive and long-time buddy of Putin's. The FT links Timchenko to Surgutneftegas, which Russian polical analyst Stanislav Belkovsky has asserted to many of us for over a year partly belongs to Putin. As the FT reports, when Bill Browder -- until a couple years ago Russia's biggest foreign cheerleader as the head of Hermitage Capital Management -- sought to find out who really owned Surgutneftegas, he suddenly could no longer get a visa.

Putin swats away suggestions regarding his personal share of Russia's economic boom. But those who have hung around the former Soviet Union for awhile know that his dismissals are not exceedingly convincing. Personal wealth is a prerequisite to rule in this rough neighborhood; one simply is not taken seriously among former Soviet power brokers unless one has one's own, enormous cash stash. But the hard evidence is almost impossible to obtain; I think the only case of such proof has involved Kazakhstan's Nursultan Nazarbayev, and that emerged only after a perfect storm of bungling.

The trouble at BP: For some time, it has appeared that BP could lose control of its main asset in Russia, its share of TNK-BP. The thinking has been that Gazprom is intent on grabbing control of TNK-BP, by either forcing out BP or its Russian partners. The arrival of tax inspectors at TNK-BP's offices in recent months seemed to buttress this view, given that that's precisely what signaled trouble for Shell before it was forced to hand over control of the gigantic Sakhalin-II natural gas field to Gazprom.

But my former colleagues Guy Chazan and Greg White at The Wall Street Journal have a piece that embraces a contrarian view: that Gazprom isn't the villain; the partners themselves are in a catfight. Igor Yurgens, the adviser to President Dmitri Medvedev, told me the same thing in a phone chat a couple of weeks ago.

Robert Amsterdam does a good job of explaining the probable bigger picture -- perhaps there is infighting; but Gazprom is likely still pulling the strings behind the scenes. This Reuters piece about a phantom company suddenly suing TNK-BP is more evidence of this.

Gazprom's goal -- as expressed by Putin himself -- is to obtain energy assets overseas. In order to land a traditional oil deal in Russia today -- one that involves ownership of actual oil or natural gas reserves -- one has to give up similar assets abroad. BP is trying to work such a deal with Gazprom, and the trouble at TNK-BP seems a piece of that negotiation.

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