Foreign investors in Ukraine
When foreigners come to Ukraine to start their own
small business, they often risk more than capital. They risk their health and,
possibly, even their lives.
One common threat: the one-two punch of local
businessmen and officials who team up in envy against the sue-. cessful foreign
entrepreneur.
According to the World Bank, Ukraine ranked 145th out
of 155 countries in protection of foreign investors, despite attracting $36.5
billion in foreign investment since independence in 1991. Only Uzbekistan and
some African countries ranked worse. The report concluded the situation is
unlikely to change for the better in the next two years.
This could mean more bad news -and bad beatings - for
investors who follow in the unfortunate footsteps of Swiss businessman Maurits
Stamm.
Stamm, 28, became the first foreign investor in the
picturesque village of Bahva in the Cherkasy Oblast. In December 2007, he
arrived to find fallow land. The collective-turned-private farms had gone
bankrupt. The irrigation system had been destroyed by scrap hunters and much of
the land had been taken over by local oligarchs to build their country villas.
The village residents said Stamm was a real ascetic.
Until his company started bringing in a steady income, he lived in a repair
shop for 18 months. A graduate of a provincial agricultural school, he invested
1.5 million euros into his Ukrainian farm. Within a year, he renovated an
abandoned farm that soon became the first profitable enterprise in the area.
Stamm became a victim of his own success. The first
person to show interest was Petro Yevych, then head of the
Korsun-Shevchenkivsky district administration, and now head of the agricultural
firm RosAgro.
"He came together with his broad-shouldered
assistants and hinted that I have to hand my business over to him, or I would
be in trouble," Stamm said. The regional police department told
Korrespondent, the Russian-language sister publication of the Kyiv Post, that three
of the visitors were members or coaches at the Cherkasy kick-boxing club. Their
second visit sent the foreign farmer to intensive care in Kyiv.
His misfortune is nothing unusual. Ihor Skoryk,
analyst at the Center for Work with Foreign Investors, said that his
organization recorded 1,500 violations of foreign investors' property rights
due to the whims of local authorities and businesses since early 2007.
Most victims speak out only after realizing that they
are facing a much stronger opponent. While Stamm is facing only a former
provincial government chief, wine importer Christina Xinias is fighting with a
business partner in Kyiv who, she said, is backed by someone higher in the
government hierarchy - the chief of the National Committee for Energy
Regulation.
Zbigniew Wroblewski, a Polish ice cream maker working
in the Kyiv oblast, said he is losing his battle to one of Ukraine's largest
business groups. His compatriot, Dariusz Kwiecinski, has all but lost his
business as a result of a decision to fire his local top manager.
"In most cases the local raiders attack
businesses outside the capital," said Dietrich Treis, head of the
Association of Foreign Investors.
Local farmers say that in Stamm's case the attack was
out of envy. His company was paying over Hr 1,000 in wages to once destitute
farmers, and, in return, they leased him more land in 18 months than the former
government official, Yevych, had managed to rent for many years.
Apart from physical attacks, Stamm's farm was set on
fire. The very same people who had beaten him up organized several meetings
with land owners, trying to persuade them to reclaim his land ownership
certificates and, therefore, the land itself. But nobody would agree to it.
Korrespondent contacted RosAgro for comments, but Yevych could not be reached.
Stamm has not recovered from the assault, but has
maintained his company. His case is being monitored by the Cherkasy regional
governor and the Swiss Embassy.
Stamm said that, despite his extreme investment
experience, he will not leave Ukraine. "My whole life is in this farm.
There is no way back," he said, adding that he is considering hiring armed
personal guards.
The case of ice cream maker Wroblewski is not so
straightforward. In 1997, he invested $1.1 million in a unique ice cream
factory in the village of Kyselyovka in the Kyiv oblast. He said it had the
potential to become a monopoly in the region, so the Privat business group
became interested in it.
Wroblewski himself said the threat to his factory came
as soon as he got Ukrainian shareholders. "When we were catastrophically
short of revenue to start operating, I went to some people in a Kharkiv bank
and offered them partnership for $4 million of additional investment," he
said.
KIB-Service, a Kharkiv company, and
Cyprus-registered Avagno Enterprises Limited both offered him investment in
exchange for a share in the statutory fund of
Ferma-Ki, the company that owned the factory.
The money never
materialized, but the Ukrainian partners had received enough statutory7
documents to attempt a takeover. "The documents I signed effectively gave
my former partners a chance to take over the factory," said Wroblewski.
In 2006 the Supreme
Court confirmed that Wroblewski owned 100 percent of his company, while the
General Prosecutor's office started criminal proceedings against KIB-Service
and Avagno Enterprises Limited, accusing them of large-scale fraud. But
Wroblew'ski's joy was premature.
On Aug. 5, he lost the
case in the High Economic Court in Kyiv, and almost immediately the greater
part of his joint stock company was sold.
The Polish investor said
he fell victim to a takeover by Privat, a large business group led by oligarch
Ihor Kolomoiskiy.
Wroblewski has mentioned
in many interviews to the Ukrainian press that the security company that seized
his factory was connected to Biola food concern, where Kolomoiskiy is an
investor.
Korrespondent contacted
Biola, but their marketing department said they knew nothing of Wroblewski and
had nothing to do with the takeover.
Another Polish businessman. Dariusz
Kwiecinski. is facing a different set of circumstances in Bibrka. Lviv oblast.
After he dismissed his local manager from Polisyntez, a foamed polyurethane
maker, a part of the 5 million euro factory was burned down. His losses of 1.5
million euros and a cross left on top of the burned building were just the
beginning of his troubles. The local council closed down the factory, claiming
it threatened the environment, and a third of his company's shares were see investors,
cont'd quietly bought out by a third party.
"My partners and I
realized that the dismissal, the fire, the local council ban and the purchase
of shares were not a coincidence - they are links of the same chain," said
Kwiecinski. He stopped his investment projects and began extended court
procedures. "Ukraine is a country where it's impossible to defend your
rights," he said.
In some cases, Ukrainian
business partners make it clear to the foreign investor that it makes sense for
them to quit their business voluntarily to avoid hassles and expensive lawyers.
The weightiest arguments for persuasion in such cases: high ranking state
officials who turn out to be close relatives of the Ukrainian side.
This was the case with
Christina Xinias, a Greek business lady who founded wine importer and distributor
Dolmart-Ukraine 15 years ago. She said she started another company called
Sommelier in 2006 to handle some aspects of the business, and appointed former
commercial director of Dolmart, Anna Kalchenko, to run it.
Dolmart invested Hr 4
million into Sommelier, which later tried
to take over the whole business, according to Xinias.
"I have'two letters
that Sommelier sent to our suppliers saying that Dolmart went bankrupt, and
their products will be imported to Ukraine by Sommelier," said Xinias, who
later sued Sommelier.
On the eve of court
hearings, strange things started happening at Dolmart. "Information
started disappearing, then computers," said Xinias.
Finally, she was paid a
visit from an powerful guest, about whom she had heard many times before. It
was Valery Kalchenko, the father of Anna Kalchenko and head of Ukraine's energy
regulating body. Xinias said he threatened "special interference" if
Dolmart failed to withdraw its lawsuit. (Correspondent could not reach Anna or
Valery Kalchenko for a response to the accusations.
According to the State
Statistics Committee, in the first half of 2008 alone, foreign investors
withdrew $500 million from Ukraine, and twice that in 2007. It was partly due
to the stock exchange crash, but partly because of
the problems lacing foreign investors. The country's
president has only just noticed the fend, saying at a recent press conference
that he was "concerned" by the scandals.
In the meaniime, none of
the cases are likely to be resolved soon.
Investigation into
Stamm's case has been dragging for months, and no court hearings have been
appointed. The ice cream maker W'roblewski describes his relations with Ukraine
as "cold war." He and his embassy are desperately bombarding
government organs with petitions, but getting nowhere. "Everything Is
within the frame of Ukrainian law," W'roblewski quotes the most popular
response.
The cold shower of local
realities has forced those investors who persist in staying in Ukraine to think
about self-defense. The Polish entrepreneurs united into tin Association of
Polish Businessmen, which grew to include representatives of other
nationalities. It was transformed into the Association of Foreign Investors,
now headed by Treis, who also heads the Kyiv bureau of O.L.T. onsult (M BH), a
consultancy for foreign investors in Ukraine.
"After the eases of
Stamm, Wroblewski and Kwiecinski, and a number of other outrageous reprisals,
it is obvious that an organization is needed to defend the rights of foreign
investors," said Treis. He said a further increase in the number of
disgruntled investors can lead to a chain reaction
when other investment projects start closing down.
In the meantime, business investors are
adapting to local economics, preferring to negotiate rather than fight.
"You need to solve problems not with the police, but by negotiating with
local authorities," said the limping Stamm.