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Political risks in Uzbekistan
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- Threats to Stability: Public Protests, Ethnic and religious Insurgency
- Succession of Power after Karimov’s departure
- Economic outlook
Political risks in Uzbekistan Weak State Institutions and Cadre Instability One paradoxical attribute of Karimov’s rule is that a dramatic expansion of the government bureaucracy in the past two decades has coincided with a steep de- cline in its capacity to effectively implement policies. In 2007, the Brookings Institution and the Center for Global Development labeled Uzbekistan as one of the weakest post-Soviet states based on its performance in four core areas: economy, politics, security, and so- cial welfare. The executive branch of the current Uzbek government is composed of seven deputy Prime Ministers, 14 Ministers, and the heads of 28 other government agencies. The several thousand employ- ees who staff these government agencies are woeful- ly underpaid, and the average monthly salary in the Ministry of External Relations and Trade is less than $300. Middle-level officials are hired mainly on the basis of personal connections and patronage, and re- portedly often bribe higher-ranking officials in order to obtain a government job. Such bribes reportedly range between $200 and $500. Along with low sala- ries, insiders within the Uzbek government say that professional training opportunities for young spe- cialists are limited. President Karimov has been keen to centralize power and reluctant to delegate authority to oth- er government officials. Cadre reshuffles at central, regional, and local levels are frequent. The frequent rotation of cadre points to another problem in the Uzbek government: pervasive corruption. Corruption Islam Karimov regularly claims that eliminating corruption is among his top policy priorities. A spe- cial Committee under the president was created to oversee the activities of the Customs Committee and other law enforcement agencies, and to collect the complaints and grievances of the public. The common public view in Uzbekistan, however, is that such anti-corruption measures have been used by elite groups more often as a tool to undermine rival groups, than as an opportunity to make genuine at- tempts to address corruption. According to both local and international observers, corruption is an endemic problem in Uzbekistan. As mentioned above, Uzbekistan cur- rently ranks 168 on Transparency International’s 2013 Corruption Perceptions Index. Because of the enormous revenues generated, corruption is most rampant in the extractive sector, and in mining and railway transportation. Government officials re- portedly extort bribes when awarding lucrative con- tracts. Uzbek economic analysts suggest that bribes make up around 10-15 percent of the total cost of a contract. Corruption also has adverse effects on foreign investors and their investments. Foreign investors are pressured to hire sub-contractors and local staff from among the relatives of influential officials. Extortion begins at Uzbekistan’s border checkpoints. Seeking bribes, customs officers engage in harassment of foreign nationals, creating various hurdles for the transportation of goods and equipment. In 2009 and 2010, for example, foreign truck drivers who operate in Uzbekistan openly urged authorities to stop the frequent extortion practices by the Uzbek Customs Committee and traffic police. Threats to Stability: Public Protests, Ethnic and religious Insurgency President Karimov’s repressive political and econom- ic policies have worsened public opinion and resulted in some isolated public protests. The most significant outpouring of public frustration occurred in May 2005 in Andijon, where protesters demanded greater political and economic rights. Rather than deal with the demands of protesters in a constructive manner, the regime ordered Uzbek military units to open fire, a move that resulted in the deaths of more than 700 peaceful demonstrators. The government’s harsh re- Uzbekistan at a Crossroads: Main Developments, Business Climate, and Political Risks 81 sponse to the Andijon events has since served as a powerful deterrent for civil society and social groups. The memory of the events, however, is unlikely to stop Uzbeks from protesting, should the government fail to address socio-economic conditions, which are continuing to deteriorate. For example, demon- strations protesting against electricity cuts and ris- ing food prices have occurred in every large city in Uzbekistan since the 2010s. Although these protests have lacked unity, political analysts suggest that this may change. Along with political protests, Uzbekistan has also seen a rise in ethnic tensions. This has been most palpable in the Samarkand and Bukhara provinces located on the Uzbek-Tajik border. The area is home to a large ethnic Tajik population that has long com- plained of political discrimination and of being badly treated by Uzbek officials. The fear of harsh govern- ment reprisals has so far prevented the Tajiks from organizing themselves into taking decisive action to claim Tashkent’s attention, and to demand a response to their grievances. Their marginalization, however, has led many people to find an outlet in other areas, including radical Islam. Karimov’s intolerance of secular political oppo- sition groups has meant that underground religious groups have emerged as the government’s major opponents. Two Islamic groups that the govern- ment views as a major security threat are Hizb ut- Tahrir, a pan-Islamic movement that seeks to build a global Islamic state, and the Islamic Movement of Uzbekistan (IMU). Hizb ut-Tahrir is largely non-vi- olent, and its activities are generally limited to dis- tributing leaflets and proselytizing. In contrast, the IMU, formed in 1999, was known for its vio- lent operations in the Fergana Valley. Faced with a strong military response from both the Uzbek and Kyrgyz governments, many IMU members escaped to Afghanistan through the porous Tajik-Afghan border, and joined the Taliban in 2001. The opera- tional capability of the groups was, however, effec- tively destroyed following the U.S.-led invasion of Afghanistan in 2001. Despite this, security services in the Central Asian republics warn of new IMU terrorist attacks. Succession of Power after Karimov’s departure An important political risk is the uncertainty sur- rounding the succession of power that will follow Karimov’s departure. The Uzbek president will turn 76 at the end of the year. The constitution enables him to run for presidency indefinitely, but Karimov has not indicated yet whether he would run for an- other term or step down, and has not designated a successor. Under these uncertain circumstances, there are three power succession scenarios for Uzbekistan. The ‘Turkmenistan’ 2 Scenario Under this scenario, President Karimov’s sudden departure from office—for example due to sudden death or the sudden onset of a debilitating medical condition such as stroke—would likely prompt key power groups to reach a tentative power-sharing agreement. In particular, this could mean an alliance between Inoyatov and Mirziyaev. But the behind- the-scenes struggle would continue until one of the groups is powerful enough to destroy the opposing faction, thus emerging as the ultimate winner. Under this scenario, the struggle would take place only at the elite level and would not cause political instability at any other level. The ‘Yeltsin-Putin Succession’ 3 Scenario In this scenario, President Karimov, due to poor health or old age, would transfer power to his hand- picked successor—most likely Mirziyaev—and re- sign. The country would probably avoid political tur- moil at even the elite level. The ‘2011 Arab Spring’ 4 Scenario Under this scenario, protests caused by deteriorating socio-economic conditions would attract thousands of Uzbek citizens, forcing President Karimov and his regime to use military force against the protest- ers. With the number of protesters swelling to the hundreds of thousands despite violent repression, Karimov and his entourage would be forced to trans- fer power to a care-taker government and face legal prosecution. Under this scenario, the country would 2 Turkmen President Saparmurad Niyazov’s sudden death in December 2006 allowed his successor Gurbanguly Berdymukhamedov to seize power after a protracted behind-the-scenes rivalry with opposition elite factions. 3 Due to poor health, Russian President Boris Yeltsin voluntarily transferred presidential powers to his hand-picked successor Vladimir Putin in 2000. 4 During the so-called Arab Spring, widespread, popular protests across the Arab world toppled dictatorial regimes in Tunisia, Egypt, Libya, and Yemen. Akhmed Said 82 likely enter a politically and socially unstable period, and face the prospect of protracted civil conflict and possibly even civil war. If the issue of presidential succession is import- ant, it is not the most important topic for Uzbek pol- itics—at least for now. President Karimov is 75 years old, but some insiders say that he is likely to remain in power for at least another decade. Karimov appears to be in very good physical shape for his age, and maintains an exceptionally busy schedule. He has built a political system in which various political fac- tions are hugely distrusting of each other. Although originally a representative of the Samarkand clan, Karimov himself is not a member of any patronage network. Within the system that he created, he is the ultimate arbiter and the focal center of power, and he is almost irreplaceable. This means that it is in the best interests of powerful groups to keep him in power. The Soviet Politburo leaders is a good analo- gy: despite being very old, Leonid Brezhnev contin- ued to nominally rule the Soviet Union until he died because his subordinates did not trust each other enough to build a stable power base. According to a number of Uzbek political analysts, the so- called Brezhnev scenario is the most likely one under the current circumstances. 83 doing Business in Uzbekistan: formal Institutions and Informal Practices Erica marat 1 (2014) Uzbekistan offers vast market opportunities to both foreign and domestic investors. Yet more than two decades after gaining independence from the Soviet Union, it remains neither economically prosperous nor politically free. The country’s informal politics are far more influential than the formal state, forcing foreign investors to navigate the web of complex pa- ternalistic relations. A small group of political elites uses state structures to control the country’s abun- dant natural resources for their own benefit, while president Islam Karimov’s influence is felt far beyond the formal realm of the presidency. 2 His decisions and preferences override all political and economic laws and regulations. Much of his influence is wielded in- directly with the sole intention of protecting the in- terests of his family members and a few of his closest political allies. Karimov’s shadow authority is so per- vasive that the formal legal institutions of governance have become irrelevant in political decision-making. This paper analyzes a number of common meth- ods employed by the ruling regime elites to obtain foreign and local business in Uzbekistan. Using the example of several foreign companies that have been expelled from Uzbekistan over the past decade, this paper demonstrates the mechanisms behind advanc- ing the political regime’s economic interests with the help of formal institutions or by simply intimidating businesses with the security forces. Violence, extor- tion, and intimidation of regime rivals and entrepre- neurs are common occurrences in Uzbekistan. There have been a number of reports of the unwarranted arrest of foreign nationals, as well as cases in which local employees of foreign firms are arrested and forced to testify against their foreign employers. Economic outlook With a population of 28 million, Uzbekistan is Central Asia’s largest market, offering transit routes to all countries in the region, as well as to Afghanistan. The country’s GDP has been growing consistently, averaging 8% annually over the past two decades. In 2012, Uzbekistan’s estimated GDP sat at $51.17 bil- lion, or $3,600 per capita. 3 The growth, however, has been generated primarily by rising prices for gas, oil, cotton and gold. Wealth is spread unequally, with a small group of well-connected elites controlling the bulk of the economy. Most of Uzbekistan’s popula- tion lives in rural areas, and Tashkent has blocked ur- banization by requiring restrictive residence permits and registrations. Uzbek citizens are not allowed to travel to some border areas, and those living outside Tashkent need a special government permit to go to the capital. Over 2.5 million Uzbek citizens work in Russia and Kazakhstan on a seasonal basis, sending remittances back to Uzbekistan. 4 The president rou- tinely announces ambitious development programs, however these have never led to greater prosperity for the majority of Uzbeks. 5 Uzbekistan’s Central Bank maintains strict cur- rency controls, deeming it illegal for Uzbeks to pos- sess US currency. But because of a large gap between official and black market exchange rates, most people prefer US currency. In 2003 Uzbekistan implemented Article 8 of the International Monetary Fund Treaty that enforces domestic currency convertibility, but since then has broken the regulation several times. 1 Expert on security issues in Central Asia, with a focus on military, national, and regional defense, as well as state-crime relations in Eurasia; Woodrow Wilson International Center for Scholars. 2 For more on the rent-seeking behavior of political elites, see M. Laruelle and S. Peyrouse, Globalizing Central Asia: Geopolitics and the Challenges of Economic Development (Armonk, NY: M.E. Sharpe, 2013), 203, 140-41; L. P. Markowitz, State Erosion: Unlootable Resources and Unruly Elites in Central Asia (Ithaca: Cornell University Press, 2013), 104-11. 3 “The World Factbook: Uzbekistan,” CIA, https://www.cia.gov/library/publications/the-world-factbook/geos/uz.html. 4 D. Trilling, “Uzbekistan’s President Attacks ‘Lazy’ Labor Migrants,” Eurasianet.org, June 21, 2013, http://www.eurasianet.org/node/67157. 5 “Uzbekistan - Rotten to the Core, but Number One in Some Important Categories,” Uznews.net, February 18, 2012, http://www.uznews.net/ news_single.php?lng=en&cid=31&nid=19128. Erica Marat 84 All foreign investors are required to open accounts in local currency in addition to contributing hard currency investments. Furthermore, all businesses must convert half of their hard currency earnings into local currency. 6 The government monitors any transaction exceeding $100,000 in order to prevent money laundering, however the reality of this means that only transactions for lower sums are monitored, while elites with political connections are able to make large foreign transactions without Central Bank oversight. The government attempts to promote local pro- ducers ahead of imported goods. Uzbekistan has double taxation avoidance agreements with a num- ber of its international trading partners, but refuses to join regional or international trade organizations. Indeed, Uzbekistan’s exports have always exceeded its imports. In 2011, for instance, exports were valued at $15 billion compared to $10.5 billion for imports. 7 Most export items are not taxed in Uzbekistan, but there are levies of up to 30% on imports. There is also a 20% VAT in local currency. 8 Uzbekistan survived the negative effects of the global economic downturn in 2008-9 mostly thanks to its closed economy. Transparency International ranks Uzbekistan 168 in a list of 177 countries, indicating that it is one of the most corrupt regimes in the world. Likewise, on the World Bank’s ease of doing business scale, Uzbekistan is rated number 146 out of 189 coun- tries. It scores the lowest in terms of “trading across borders,” “getting credit,” and “paying taxes.” Finally, Uzbekistan is considered among the “worst of the worst” countries for civil liberties and political rights, according to Freedom House’s democracy rating. formal Institutions and Informal control Uzbekistan welcomes foreign investors - so long as they agree to play by the political regime’s informal rules. The regime is particularly interested in secur- ing the cooperation of businesses that are involved in the country’s strategic sectors (energy, minerals, cotton) or that generate high profits because of a large consumer market. Some foreign companies are expected to make payments to offshore regime ac- counts in Europe. In return, foreign investors can ex- pect “macroeconomic stability, favorable nature and climate, [a] convenient geographic location in the center of major regional markets [that are] integrat- ed into the network of land and air communications, transportation and logistics system [sic], [and a] di- versified manufacturing base and intellectual and hu- man capacity.” 9 Several international companies have shown a readiness to play by the regime’s rules. The Swedish TeliaSonera telecommunications company admitted in 2012 that it paid a bribe to Gibraltar-based Takilant Ltd in order to receive 3G licenses in Uzbekistan. TeliaSonera has been criticized for allowing Uzbek authorities access to its network so as to keep tabs on anti-government activists. 10 Similarly, the Israeli Metal-Tech Ltd was found guilty in December 2013 of making corrupt payments in order to obtain in- vestment opportunities in the Uzbek molybdenum industry, according to White & Case LLP, the law firm representing the Uzbek government before the World Bank’s International Centre for Settlement of Investment Disputes. 11 The government’s strict control of business in Uzbekistan is not limited to foreign investors or for- eign companies. Sometimes as part of wider anti-cor- ruption programs, the government will purge Uzbek businesses and persecute Uzbek entrepreneurs who have not breached any laws. In 2010, Karimov de- clared a war on oligarchs, blaming them for the huge gap between rich and poor, and for the resulting so- cial tensions. 12 Karimov accused oligarchs of tax evasion and illegal appropriation of expensive goods. The pres- ident’s hardline approach led one oligarch, Dmitry Lim, to flee the country, leaving behind a chain of bazaars and supermarkets. Another oligarch, Dmitry Dotsenovich, the owner of Royson, a com- pany specializing in air conditioners, was accused of illegally importing goods from China and of fail- 6 More on this here: “Doing business in Uzbekistan,” http://www.norton-legal.com/pub/ DOING_BUSINESS_IN_UZBEKISTAN_%202010. pdf. 7 As described in “Cost of Doing Business in Uzbekistan,” UNDP, Tashkent, 2012, http:// www.undp.uz/en/download/index.php?type= publication &id=303&parent=5798&doc=1133 4>. 8 Ibid. 9 As described in “Cost of Doing Business in Uzbekistan,” UNDP. 10 “Nordic telecom TeliaSonera defends Uzbek deal,” Reuters, September 20, 2012. 11 “Landmark Victory for Uzbekistan in World Bank Dispute,” December 4, 2013, http:// www.whitecase.com/. 12 “Prezident Uzbekistana likvidiruet imushchestvennoe neravenstvo grazhdan,” Uzmetronom, March 9, 2010. Doing Business in Uzbekistan: Formal Institutions and Informal Practices 85 ing to meet Uzbek production standards. His busi- ness was stripped of its license. The most scandal- ous arrest was that of Batyr Rakhimov, the (owner/ CEO/head) of Kapital Bank, the 9 th largest bank in Uzbekistan. Rakhimov was accused of committing financial crimes through the Kapital Bank, which had collaborated with Germany’s Commertznbank AG, Austria’s RZB AG, Turkey’s Garanti Bank, and Russia’s Sberbank. Over the past decade, several other Uzbek en- trepreneurs were arrested and had their businesses stripped, while others fled the country to escape pros- ecution. Most of those who were arrested or escaped Uzbekistan had foreign business partners, but this did not shield them from prosecution. Aside from arresting business owners, Karimov’s regime also prosecuted their aides and managing directors. The anti-oligarch campaign was conducted very fast— and most Uzbek entrepreneurs were arrested within ten days. This led to further centralization of political power and control over the country’s economy. Karimov’s regime has begun fostering clos- er political ties with other countries so as to boost economic and trade opportunities for itself. In 2011, during U.S. Secretary of State Hilary Clinton’s vis- it to Tashkent, General Motors announced plans to open a second factory in Uzbekistan (25% belongs to GM, 75% owned by Uzbeks). 13 The announce- ment came following a thaw in US-Uzbek relations after several years of friction that had been caused by Tashkent’s decision to expel the U.S. military base in Karshi-Khanabad in 2005 and U.S. Congress’s deci- sion to prohibit assistance to the Uzbek government. Projections for the new GM plant in Tashkent in- clude the annual production of 225,000 fuel-efficient Ecotec 1.2L and 1.5L engines for use in small GM passenger cars to be sold worldwide. 14 GM’s posi- tive experience operating inside Uzbekistan must be largely credited to the improvement in U.S.-Uzbek relations that came about following the establish- ment of the Northern Distribution Network. By 2012, U.S. investors had poured over $2 billion into Uzbekistan. There are 241 U.S. companies registered in Uzbekistan, including GM, Boeing, and Lockheed Martin. 15 To date, GM is probably the most success- ful U.S. businesses operating in Uzbekistan. GM launched its operations 2007 after forming a partial alliance with Daewoo, a car manufacturer based in South Korea. By 2007 Daewoo had a near monopoly on car sales in Uzbekistan, producing several afford- able models running on natural gas. However, should a foreign investor not follow the regime’s informal requests, they will likely en- counter significant punishment from the Uzbek gov- ernment, even if the retribution itself is likely to tar- nish Uzbekistan’s international image. Karimov’s pri- mary motive is to consolidate his power and possibly that of his close political allies−whoever that may be. If the regime feels threatened in any way by the presence of foreign business, or if the Uzbek partners of foreign companies develop political ambition, the regime will shut down that business. Roughly a doz- en foreign companies have been expropriated by the Uzbek government within the past ten years. Among these was Spentex Industries, an Indian textile firm that launched Spentex Tashkent Toytepa, which was shut down before it even began operations in Uzbekistan in 2006. The company maintains that the Uzbek government made unilateral changes to the agreement that eventually forced Spentex Tashkent Toytepa into bankruptcy. 16 Indian investors lodged a claim for $100 million in compensation, but it was not even processed by the Uzbek government. The regime uses the National Security Committee (KNB) to expropriate the funds and assets of foreign compa- nies operating in Uzbekistan. Wimm-Bill-Dann, a Russian dairy company, argued that the Uzbek government “de facto nation- alized” the company in 2010. 17 The company also claimed to have been approached by the KNB, who were intent on investigating its financial records. Wimm-Bill-Dann had entered the Uzbek market in 2004, but began experiencing troubles with the au- thorities in 2009, and was accused of tax evasion, embezzlement, and organized crime. The dispute over Wimm-Bill-Dann escalated into an internation- 13 C. A. Fitzpatrick, “Uzbekistan: Clinton Visits GM Plant; Activists Say Workers Forced to Pick Cotton,” Eurasianet, October 24, 2011, http://www. eurasianet.org/node/64362. 14 “GM Opens Engine Plant in Uzbekistan,” Media.gm.com, November 11, 2012, http://media.gm.com/media/us/en/gm/news.detail.html/content/ Pages/news/us/ en/2011/Nov/1115_uzbek.html. 15 “Islam Karimov Receives Representatives of U.S. Firms,” Uzdaily.com, August 17, 2012, http://www.uzdaily.com/articles-id-19822. htm. 16 “Uzbekistan: Indian investor lodges US$ 100 Million complaint against the Uzbek Government,” Fergana.ru, May 31, 2012, http://enews.ferganan- ews.com/news. php?id=2294&print=l. 17 “Uzbekistan Nationalized Business from WBD,” RIA Novosti, September 21, 2010, http://en.ria. ru/business/20100921/160664693.html. |
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