David Robertson, Business Correspondent
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BP could be sued for receiving stolen property if it buys the $9 billion (£4.6 billion) stake in Rosneft that will be auctioned by the Kremlin tomorrow.
The 9.44 per cent stake in Rosneft is one of a number of assets that belongs to Yukos, the former Russian oil giant, being sold by the Russian authorities.
Yukos, which listed in London last year, raising $10.6 billion, was declared bankrupt after claims that it had failed to pay $30 billion in tax. Its assets are being sold to pay the bill.
However, GML, Yukos’s main shareholder, insists that the oil company was ruined for political reasons and that its assets are being stolen. GML is suing the Russian Federation for $50 billion and says that companies buying Yukos assets also could become targets for compensation.
Tim Osborne, director of GML, formerly Group Menatep, said that if attempts to sue the Russian Federation failed, the company would go after Western businesses that have benefited from the break-up of Yukos.
On Friday BP confirmed that it would bid for Yukos’s Rosneft stake, which is valued at up to $9 billion. Lord Browne of Madingley, the chief executive, and Tony Howard, the chief executive-designate, met President Putin of Russia last week to clear the way for a potential acquisition.
Mr Osborne said: “Anybody buying these assets at auction should think long and hard about it. We say that Yukos was stolen by the Russian Federation and anybody that buys its assets at auction are receiving stolen goods.”
GML is suing the Russian Government under the Energy Charter Treaty and the case is being heard in The Hague by the United Nations Commission on International Trade Law. There is a hearing in June to determine whether the court has the jurisdiction to judge the case. The Russians claim that the court has no jurisdiction and should throw out the Energy Charter Treaty claim.
Mr Osborne said: “If we were to lose the Energy Charter claim, we would certainly look very closely at companies operating in the United States or UK who had benefited. We think the courts will be favourably inclined to hear our case in these countries.”
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If companies like BP ignore normal legal process then they deserve to find them selves in court and made to make payment to the rightfull owner of any shares it buys, and the best way to make despotic governments toe the line is to deny them access to the normal world.
michael Rudd, Barking, Essex
Mr Osborne said: “Anybody buying these assets at auction should think long and hard about it. We say that Yukos was stolen by the Russian Federation and anybody that buys its assets at auction are receiving stolen goods.”
You are obviously wrong. Lets face the facts: the Yukos is the asset that had been stolen by Mr Chodorkovski from russian people. The Russian Federation simply restored it to people.
Aleksey, Moscow,
Russian assets, Russian government. All that is certain in life is death and taxes. The UNCIT court has no jurisdiction, and the 'assets' are Russian, so it seems that BP are correct to try and increase their competitive advantage through an increased presence in Russia. If BP can live with any associated tax liability, then the decision (to buy) may be an inspired one. However, if Russia were to impose future tax or environmental conditions on BP, (ref Shell Sakhalin), then perhaps the Russian government may seek to 'acquire' said assets as compensation for outstanding BP liabilities, or BP may be invited to surrender the 'assets' in exchange for leniency, or for a continued stake in other Russian ventures.
Mckay, Kassel, Germany
I absolutely agree with the term "stolen property" exept the thief was Chodorovsky and co. and the victim was Russian people.
After communism fell some people went from rugs to multibillionaire riches overnight through extortion acces to corruct communist elites ,bribery ,murder ,usuroing titels to public property.you name it.
Same thing happened all over the former soviet block.
There is thausends of thiefs whoes place should be in prisons and not in CEO's offices.
Putin is claiming bach what always belonged to Russian people and where it should belong.
chester, edmonton, canada