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Posts from ‘November, 2006’

AFX News Limited: Royal Dutch Shell plans ‘considerable’ investments in Bolivian gas sector-report

11.30.2006, 02:35 AM

AMSTERDAM (AFX) – Royal Dutch Shell is planning ‘considerable’ investments in the Bolivian gas sector, Dutch daily Het Financieele Dagblad reported, citing Bolivian energy minister Carlos Villegas Quiroga.

The oil major also intends to sell part of its 25 pct stake in Bolivian gas transport company Transredes back to the Bolivian state, the paper said, noting Shell officials will next week start negotiations with the Bolivian government on that issue.

It added that on Monday, Shell chief executive Jeroen van der Veer met Bolivian president Evo Morales, who was on a state visit to the Netherlands.

amsterdam@afxnews.com

ls/gp

The Independent: Hambro Mining shares rocked by Russian attack: ‘Oleg Mitvol’

By Andrew Osborn in Moscow
Published: 30 November 2006

Shares in the AIM-listed Peter Hambro Mining plunged 14 per cent yesterday after a senior Russian government official questioned the legality and efficiency of the company’s activities in its sole area of operations.

Oleg Mitvol, the deputy head of Russia’s state environmental watchdog, said he had asked the government to strip Peter Hambro of two important exploration licences in north-eastern Russia.

He accused it of a litany of corporate and environmental failings, alleging that it was failing to exploit the opportunities it had been given. Shares of Peter Hambro fell 165p to 1,025p on his comments, prompting the company to rush out a statement dismissing what it called “media speculation”. Mr Mitvol’s criticism appeared to have taken the company and investors by surprise and comes at a time when British companies are facing more and more regulatory problems in Russia.

Some analysts suspect the problems are more imagined than real and motivated by the Kremlin’s desire to control more of the country’s natural resources.

But Mr Mitvol, who has also found serious fault with Shell’s Sakhalin-2 oil and gas development and with BP’s Russian joint venture, insisted yesterday that his concerns were legitimate. He accused Peter Hambro and its subsidiaries of refusing to provide information to his inspectors and of seeking to cover up breaches of environmental legislation.

Talking about the Peter Hambro subsidiary concerned, a firm called Yamalzoloto, he said it was guilty of unacceptable inactivity. “This is one of those companies which simply takes licences for its balance sheet and increases its capitalisation without developing deposits,” he said.

“Judging by the fact that the firm is paying no natural resources tax, gold mining is not taking place here though the forecast reserves for this deposit [the Novogodnee-Monto deposit] are 29 tonnes.” He accused regional environmental inspectors of being far too soft on Peter Hambro in the past, saying he was “amazed” by how lenient they had been. Nor, he stressed, were the alleged licensing infractions minor. “In the case of the Novogodnee-Monto deposit, 21 of the 30 points in the licensing agreement have not been fulfilled.”

Peter Hambro categorically refuted that it was in breach of any environmental or health and safety laws. Nor, it added in a statement, had it received any official notification of Mr Mitvol’s complaints.

“The company did not receive any prior notification whatsoever on this matter,” the company’s founder and executive chairman Peter Hambro said. “Its representatives are in discussion with the Ministry and the relevant authorities seeking clarification on these comments.”

The company is planning to invest £36m in the two fields next year with a view to extracting gold, copper and various ores. Peter Hambro holds about 50 mining and extraction licences in Russia and employs about 1,700 people.

http://news.independent.co.uk/business/news/article2026883.ece

The Times: Licence fear hits Hambro Mining: ‘Mr Mitvol is becoming a familiar figure to the natural resources industry…’

November 30, 2006
 
More than £130 million was wiped off the value of Peter Hambro Mining after an official at Russia’s environment watchdog indicated that it may revoke five of the goldminer’s licences.
 
Oleg Mitvol, deputy head of the agency, said that Hambro had either violated environmental rules or done nothing to develop sites. “This is one of those companies that simply take licences to keep them on their balance [sheet], thus increasing capitalisation, but in reality they do not develop the deposits,” he told Mosnews, a Russian news website.
 
 
Hambro said it was seeking clarification and was not aware of any environmental breach.

Mr Mitvol is becoming a familiar figure to the natural resources industry, with his department recently filing complaints against Rosneft and Shell. In September, he accused Highland Gold of safety breaches after a fatal mine fire, a charge that proved largely unfounded.

“At face value it looks to us more like sabre-rattling than reality,” George Lequime, analyst at RBC, said. Hambro shares closed off 165p at £10.25, having rallied from an 11-month low of 956p. 

http://www.timesonline.co.uk/article/0,,748-2478996.html

The Times: Rubber barons’ fine bounces EU to record antitrust take: illegal cartels

November 30, 2006
Rory Watson in Brussels

Five groups pay €519m penalty

Whistle-blower Bayer is spared fine
 
The European Commission has taken a record €1.843 billion (£1.24 billion) in antitrust fines so far this year after imposing a €519 million penalty yesterday on five groups of companies for operating a synthetic rubber cartel.

With at least one more major anti-competition decision to be taken this year, the Commission’s clampdown on illegal cartels looks set to top € 2 billion for 2006, overtaking the previous record of €1.837 billion set in 2001. The total does not include separate action for abuses of dominant position — the Commission’s charge against Microsoft over its Windows operating system. 
 
The penalties, which are paid into the European Union budget, demonstrate the determination of Neelie Kroes, the Competition Commissioner, to tackle illegal behaviour.

“Cartels strike at the heart of healthy economic activity,” Ms Kroes said. “They undermine competition, raise prices for consumers and reduce the diversity, quality and innovation of European companies.”

The fines are the second-highest that the Commission has levied in a cartel case. They were imposed on Bayer, of Germany, Dow, of the United States, Eni, of Italy, Shell, of the Netherlands, Unipetrol, of the Czech Republic, and Trade-Stomil, of Poland, for price- fixing and sharing customers between 1996 and 2002 in a synthetic rubber market worth €550 million a year. Their products are used by customers such as Michelin, Pirelli and Goodyear to make tyres, shoe soles and golf balls. The inquiry was launched after Bayer contacted the Commission at the end of 2002, applying for leniency and offering information on the arrangements. Inspectors found that cartel agreements were made after meetings of the European Synthetic Rubber Association.

“During these meetings the participants agreed prices and exchanged information on key customers and the amounts of synthetic rubber supplied to them,” the Commission said. It also noted that any person or firm affected by the anti-competitive behaviour could apply to national courts for damages.

Under the Commission’s leniency programme, Bayer received full immunity from the €204,187,500 fine that it would have had to pay. Dow also co-operated, cutting its fine by 40 per cent. Penalties on Eni and Shell were increased by 50 per cent because they were repeat offenders.

Penalties

The fines they paid:

€0
Bayer

€64,575,000
Dow

€272,250,000
Eni

€160,875,000
Shell

€17,550,000
Unipetrol

€3,800,000
Trade-Stomil
 
http://www.timesonline.co.uk/article/0,,5-2478477.html

The Wall Street Journal: EU Fines Rubber Cartel

Decision Illustrates
Perils of Cooperating
In Price-Fixing Cases
By MARY JACOBY and ANNE JOLIS
November 30, 2006; Page A12

BRUSSELS — European regulators, in slapping five chemical companies that had fixed prices on synthetic rubber with the EU’s second-highest-ever group-cartel fine, also exposed what defense lawyers call an increasing problem: the inability in Europe to plea-bargain with cooperating antitrust offenders.

The European Union yesterday fined five companies a total of €519 million ($685 million) for fixing prices in Europe on synthetic rubber used to produce tires, shoe soles, floor coverings and golf balls.

U.S.-based Dow Chemical Co. was ordered to pay €64.6 million; Royal Dutch Shell PLC €160.9 million; Czech Republic-based petrochemical company Unipetrol AS €17.6 million; Italy-based Eni SpA €272.3 million; and Poland-based Trade-Stomil €3.8 million.

Germany’s Bayer AG escaped a €204.2 million fine by bringing the cartel to investigators’ attention, according to the European Commission, the EU’s executive arm. Dow Chemical also saw its fine reduced by 40% for helping the commission with its investigation.

Shell also cooperated with investigators, according to a commission statement. But investigators didn’t consider the information it provided to be valuable enough to warrant a reduction in Shell’s fine, the statement said.

“It’s difficult when companies assist an investigation in the hope they will get a substantial fine reduction,” said Julian Joshua, a former EU cartel enforcer now in private law practice. “They provide the commission with a lot of information and essentially deprive themselves of the chance of a defense, and in return they get nothing out of it.”

A spokesman for Shell declined to comment.

This month, an analysis by the American Bar Association’s antitrust section also criticized Europe for considering changes that the ABA says would discourage companies from coming forward with incriminating evidence of price fixing. Under a program designed to encourage whistleblowers, the first company to expose a cartel can apply to receive full immunity from fines in Europe, while subsequent companies in the door with information can apply for a reduction in fines.

Currently, an initial statement that a price-fixing scheme was taking place is enough to get a company’s foot in the door, with the expectation the company will fill in the details later. Under the proposed changes, the EU would require the company to give a full accounting of the cartel, including the names of executives who participated and the products and markets affected, upon initial approach.

This requirement could complicate a company’s defense while not assuring it of any leniency, Joe Angland, a New York-based antitrust lawyer and an author of the ABA paper, said last week. “We think that could inhibit people” from blowing the whistle, he said.

The largest EU penalty ever against an industry sector for price-fixing was in 2001, when a group of vitamin makers was hit with a collective €790.5 million fine.

“Cartels strike at the heart of healthy economic activity,” said EU Competition Commissioner Neelie Kroes. “They undermine competition, raise prices for consumers and reduce the diversity, quality and innovation of European companies.”

Eni and Shell both saw higher individual fines for being repeat offenders, the commission said.

In a statement, Eni and its subsidiary that participated in the cartel, Polimeri Europa, called the fines “entirely disproportionate and unjustified” because the rubber cartel “could in no way have had a negative effect on the end consumer.” Eni added that it rejects the charges and may appeal.

Along with fixing prices, the companies also conspired to share customers for certain types of synthetic rubber known as butadiene rubber and emulsion styrene butadiene rubber, between 1996 and 2002, the commission said. These rubbers are mainly used in tire manufacturing.

Dow Chemical said it might appeal the fine but said it will decide only once it has received written notification of the commission’s decision. The companies have two months to appeal the fines.

The amounts of the fines were based on the size of the market for the products, the fact that cartel activity took place for six years and the size of each of the companies involved, the commission said.

Including the rubber cartel fines, the commission has fined companies a total of €1.84 billion for price fixing so far this year. Ms. Kroes has made cartel busting one of her top goals.

Write to Mary Jacoby at mary.jacoby@wsj.com and Anne Jolis at anne.jolis@dowjones.com

THE WALL STREET JOURNAL: Oil News Roundup: November 29, 2006 4:28 p.m.

Crude-oil futures rallied for a third straight session, climbing above $62 on the New York Mercantile Exchange on unexpected declines in inventories and forecasts of chilly weather heading toward the East Coast. Here is Wednesday’s roundup of oil and energy news:

* * *
WAGONER’S PROMISE: The Greater Los Angeles Auto Show began with two days of media previews before opening to the public. General Motors CEO Rick Wagoner said the U.S. needs to reduce dependence on foreign energy and insisted the No. 1 auto maker is accelerating its efforts to meet the challenge by being the first to offer a plug-in hybrid and by expanding its production of biofuel vehicles.

•Toyota Presses for Hybrid Tax Breaks: Toyota North American President Jim Press urged Congress to extend federal tax credits for hybrid vehicles and accelerate its buying of hybrids and alternative fleet vehicles to help address energy concerns.

•Saudi Warning on Iraq: Nawaf Obaid, an adviser to the Saudi government, warns in a Washington Post op-ed piece that Saudi Arabia will take steps to protect Sunnis in Iraq, if need be, including dramatically increasing oil output to cut oil prices and hurt Iran’s economy.

•SCOTUS Takes up Global Warming: Frustrated by Bush administration inaction on global warming, states and environmentalists urged an apparently divided Supreme Court to declare greenhouse gases to be air pollutants that the government must regulate.

•Big Field Bigger Than Expected: EOG Resources said preliminary exploration shows the prolific Barnett Shale natural-gas field in North Texas extends much farther south than previously believed.

•Bolivian Senate OKs Nationalization: Bolivia’s Senate approved nationalization contracts with foreign oil companies during a hastily called session that ended early Wednesday morning.

•Auto-Show Drama: WSJ.com’s reporter’s notebook from the L.A. Auto Show includes an entry about hecklers demanding that Mr. Wagoner sign a pledge to make GM the most fuel-efficient auto maker by 2010. In another entry, Mr. Wagoner muses on Thomas Edison’s desire to power cars with electricity.

Daily Telegraph: The age-old message: ingot we trust

EXTRACT: More controversially, he takes the Kremlin’s side in the dispute with Royal Dutch Shell, facing the threat of expulsion from Sakhalin after investing $22bn in the world’s biggest liquefied gas project. “Russia is an unrecognisable country since the day that Shell deal was signed, and the price of oil is much higher. I agree with the Russians that the original terms were unfair,” he said. “Shell are posturing. They say they’ve got a contract, and the Russians say you’re quite right and if you look closely it says you must not tread on green-throated frogs,” he said. “The big guys can change the rules on you. We watched them do it in the UK when they put windfall taxes on the North Sea. Governments do it all the time.”

THE ARTICLE

Peter Hambro, owner of a Russian gold operation, tells Ambrose Evans-Pritchard yellow is never unfashionable

Last Updated: 2:08am GMT 30/11/2006

Peter Hambro whips an Edwardian ten-shilling note out of his wallet, then a shabby note for two francs Belges, before slamming down a war-time papier for 50 centimes issued by the City of Lille in 1917.

“Absolutely worthless promises,” he says triumphantly.

Out of his pocket appears a lovingly-cradled gold coin, the size of a sovereign, from the Ardennes fringe of the Roman Empire. Its metal content is worth more or less what it was when minted circa 50BC.

The executive chairman of Peter Hambro Mining, the biggest pure gold play listed on the London Stock Exchange, is not predicting a return to 1920s hyper-inflation but he does see echoes of the “beggar-thy-neighbour” policies that played havoc in the inter-war era.

It is common wisdom that the US dollar is stretched to snapping point by the deficit/debt debacle, but less understood that ageing Europe and Japan are too fragile to absorb the shock of a dollar slide, one that is perhaps already starting.

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“It’s now a matter of competitive devaluations. Countries are all debasing their currencies, so the question is which one debases fastest,” he said. “Can any finance minister in the world think this is a good moment to buy dollars, but where else do you go?

“Do you think the euro is a structurally sound currency? I don’t. It means buying into Italy, Spain, Portugal, and France with unfunded pensions and energy deficits.”

“Sterling? Mrs Thatcher’s legacy of financial rectitude is all but squandered and New Labour’s creative accounting is Maxwellian,” he said.

How high will gold go in the currency Götterdämmerung ? With a smile of approval, Mr Hambro notes the $4,000 to $5,000 forecast by the Swiss guru Dr Martin Murenbeeld. Formally, he is sticking to a cautious $750 in 2007, then we’ll see.

Mr Hambro predicts that the rising reserve powers of China ($1 trillion) and Russia ($273bn) will top up their holdings of gold in a slow, relentless switch away from dollar dependence.

The Hambro empire is smack in the middle of this nascent Asiatic super-economy, operating from Russia’s Amur region, bordering China – once the spot where Mao Tse Tung feared a Russian tank invasion.

From there a trio of Hambro gold, iron-titanium, and timber companies supply the voracious industrial machine to the South.

“The Chinese are desperately short of iron ore for their mills, and they’re so short of timber they’ve banned the used of disposable wooden chopsticks. There are just so many people in China who are getting a bit richer,” he said.

To those such as Morgan Stanley’s chief economist, Stephen Roach, who says the “China commodity story” is a speculative bubble, Mr Hambro suggests a visit to Harbin, a Manchurian city of nine million people where the Hambro lumber yards supply wood for an immense parquet flooring factory.

“The mayor of Harbin took me to see a basketball court in his building where the whole floor was covered with a model of the town. When I told him I didn’t recognise the buildings, he said, ‘This is the new Harbin.’ The Chinese are doubling the city just like that,” he said.

The gold operation, Peter Hambro Mining, is a Russian animal, created with Russian partners to exploit open-pit reserves bought for $1m in 1994. A decade on, it is worth near $2bn.

The company is now the fifth biggest listing on Aim. A lot of mid-tier miners have seen the gains of the gold rally wiped out by surging costs, up by an industry average of 70pc. His diggers somehow manage to extract nuggets at $135 an ounce, the lowest in the world. Output is leaping from a quarter million ounces to 1m ounces by 2009, the cusp of the big league. Profits were up 149pc in the first half of 2006.

“The secret to low cost is using Russians to do the work. We do all our own engineering and we use Byelorussian Belaz trucks you can mend in the middle of Siberia with a hammer and a spanner,” he said.

Mr Hambro, an ex-Mocatta & Goldsmid man, learned Russian ways as the Soviet Union’s chief counterparty for gold trades in the Brezhnev era, a post more fitting than it might look for an old-Etonian scion of a venerable banking dynasty. His family issued the bonds that built the Trans-Siberian Railway. He scoffs at the foreign invaders who gobbled up Russia’s assets for nothing in the early 1990s – with or without bribes – and are now screaming breach of contract as the Kremlin tightens the terms. “The first lot were mostly drunks, idiots, and crooks,” he said.

Others failed to go with the grain of a society they woefully misunderstood, notably PanAmerican Silver, forced to cede its assets to Polymetal.

More controversially, he takes the Kremlin’s side in the dispute with Royal Dutch Shell, facing the threat of expulsion from Sakhalin after investing $22bn in the world’s biggest liquefied gas project. “Russia is an unrecognisable country since the day that Shell deal was signed, and the price of oil is much higher. I agree with the Russians that the original terms were unfair,” he said.

“Shell are posturing. They say they’ve got a contract, and the Russians say you’re quite right and if you look closely it says you must not tread on green-throated frogs,” he said. “The big guys can change the rules on you. We watched them do it in the UK when they put windfall taxes on the North Sea. Governments do it all the time.”

Mr Hambro got a taste of it this week when Russia’s eco-watchdog turned ugly on five exploration licences in the Arctic Circle, a minor headache but enough to knock 23pc off the share price on the London Stock Exchange in an hour yesterday.

Peter Hambro remains unflustered, admitting only that there may be a “rule of law risk” in Russia. “The gangsters are getting braver,” he said.

Indeed they are, mowing down the central bank director on the Moscow metro. But was it just gangsters who murdered KGB defector Alexander Litvinenko with Polonium 210 at London’s Itsu sushi restaurant?

Taking an indulgent view of Vladimir Putin’s Tsarist fits is no doubt wise policy for a man sitting on an unmovable estate worth billions of roubles in Eastern Russia, but the Hambro family has not held its place for a quarter of a millennium at the apex of world finance by being stupid.

http://www.telegraph.co.uk/money/main.jhtml;jsessionid=0E3VLLTEAENW5QFIQMGCFFOAVCBQUIV0?xml=/money/2006/11/30/ccgold30.xml

Daily Telegraph: Database: Energy: Thursday 30 November 2006

Last Updated: 12:23am GMT 30/11/2006

A round-up of headlines from across the financial sectors, provided by Bloomberg News.

ENERGY

• BP has been ordered to show it hasn’t broken a pledge to pay the medical bills of three workers hurt in a blast at a Texas refinery in March 2005 that killed 15 people and injured hundreds more.

• Russia’s environmental oversight agency finished its probe into Royal Dutch Shell’s Sakhalin-2 project and will issue a report after December 15, said Oleg Mitvol, the deputy head of the agency.

http://www.telegraph.co.uk/money/main.jhtml?xml=/money/2006/11/30/cxbloom30.xml

The Guardian: Russia wipes £130m from gold miner by threatening to revoke licences: ‘challenged by Oleg Mitvol’

Marianne Barriaux
Thursday November 30, 2006

Russia said it was looking at revoking the licences of Peter Hambro, the gold mining company, in a fresh challenge yesterday to western businesses operating in the country. The Russian authorities have already attacked Shell, TNK-BP and ExxonMobil over their environmental records. Shares in Peter Hambro fell nearly 14% to £10.25, wiping more than £130m off the value of the Aim-listed firm.

Oleg Mitvol, the deputy head of Russia’s environmental watchdog Rosprirodnadzor, has said Peter Hambro is not exploiting and developing two of its gold licences nor three chrome ones.

But the company said it had already sold its interest in the three chrome licences, which means the challenge only affects the two gold ones it owns in the Yamal region of western Siberia.

The group, which owns 54 licences in Russia, is understood to have had its two gold deposits inspected towards the beginning of the year, resulting in a penalty of £200 over deficiencies in the filing of documents on the group’s exploration assets in the region.

Peter Hambro, the founder and executive chairman, said the news came as a surprise. “We’ve heard nothing from the national resources ministry,” he said.

Company representatives were seeking clarification from the ministry and relevant authorities, he said.

There were suggestions Mr Mitvol’s inquiry was linked to environmental concerns. Mr Hambro pointed out that the International Finance Corporation, a member of the World Bank Group, has a 3.5% shareholding in the company, which he said would negate such concerns.

The environment watchdog’s actions do not affect Peter Hambro’s main mines, Pokrovskiy and Pioneer, which were given a clean bill of health last year.

Critics of Russia’s approach say it could damage the flow of foreign investment into the country. Charles Kernot of Seymour Pierce said the problem could be a local one that would be overcome. “Alternatively, this is the first of a thousand cuts and the honeymoon period presented by the company’s joint Russian-British management team is drawing to a close.” But he added that the fact the group’s main business was given a clean bill of health suggested the market had over-reacted.

The news comes after Shell, BP and ExxonMobil were challenged by Mr Mitvol. The environmental watchdog has threatened to revoke Shell’s Sakhalin-2 project licence on ecological grounds.

TNK-BP, the Anglo-Russian oil venture, has been threatened with licence withdrawal and a new investigation is set to be launched into ExxonMobil’s Sakhalin-1.

http://business.guardian.co.uk/story/0,,1960094,00.html

The Guardian: Russia takes a golden opportunity: As with Sakhalin-2, the man wielding the big stick was Oleg Mitvol, deputy chief of Rosprirodnadzor

Julia Finch
Thursday November 30, 2006

Just two months ago in this column we quoted George Soros’s view of Russia as “a country that does not hesitate to use its monopoly power in devious and arbitrary ways”. Mr Soros was referring to letting the state-controlled Rosneft list in London, but his view was also a good description of events that had just unfolded at the huge Shell-led Sakhalin-2 project. Just as the state-controlled Gazprom was agitating to buy a 25% stake in the $20bn (£10bn) venture, Shell lost its operating licence on environmental grounds.

Yesterday, as if relations between Russia and the UK were not strained enough, the Russian Natural Resources Ministry was at it again. This time it was Peter Hambro Mining in its sights.

With no notice the Russians threatened to withdraw five of the Aim-listed group’s exploration licences, wiping 20% off its value, although the shares regained some composure and ended down 14%. As with Sakhalin-2, the man wielding the big stick was Oleg Mitvol, deputy chief of the Rosprirodnadzor natural resources watchdog, a wealthy businessman-turned-civil servant.

Peter Hambro Mining has been something of a success story in recent years. Peter Hambro, of the banking dynasty, has built PHM into one of Russia’s biggest gold mining groups and the company has thrived as the gold price has risen to 25-year highs. It has ambitions to boost production from 250,000 ounces to 1m ounces by 2009 and, with costs currently at only about $150 per ounce, could be highly profitable.

Until yesterday Hambro had insisted his company was protected because it had hired Russians and given them shareholdings. Uppermost among them is deputy chairman Pavel Maslovsky, once a missile specialist and part of the Soviet old guard, who has a 23% stake worth nearly £200m. In the last election, Maslovsky was the personal representative to the president, Vladimir Putin, in the Amur region. There are also several former Russian civil servants on the books who deal with local and government relations.

Last night Hambro was still trying to ascertain what PHM had done wrong. Of the five licences, he said, only two would have an impact as PHM had recently sold its interest in the other three. PHM has 54 licences and the two affected are not production sites, but Mitvol’s action, and his threat to inspect every one of PHM’s other facilities for similar environmental violations, will hit corporate confidence and investor sentiment.

The west is pouring billions into Russia and companies from every sector involved will be worried. The fear that Putin’s Russia might tear up and rewrite contracts has moved from energy to mining. Where next? B&Q sheds in Moscow?

http://business.guardian.co.uk/story/0,,1960123,00.html