Category Archives: Markets

The Airport as a Tax Haven

The world’s rich are increasingly investing in expensive stuff, and “freeports” such as Luxembourg’s are becoming their repositories of choice. Their attractions are similar to those offered by offshore financial centres: security and confidentiality, not much scrutiny, the ability for owners to hide behind nominees, and an array of tax advantages. This special treatment is possible because goods in freeports are technically in transit, even if in reality the ports are used more and more as permanent homes for accumulated wealth. If anyone knows how to game the rules, it is the super-rich and their advisers.

Because of the confidentiality, the value of goods stashed in freeports is unknowable. It is thought to be in the hundreds of billions of dollars, and rising. Though much of what lies within is perfectly legitimate, the protection offered from prying eyes ensures that they appeal to kleptocrats and tax-dodgers as well as plutocrats. Freeports have been among the beneficiaries as undeclared money has fled offshore bank accounts as a result of tax-evasion crackdowns in America and Europe.

Several factors have fuelled this buying binge. One is growing distrust of financial assets. Collectibles have outperformed stocks over the past decade, with some, like rare coins, doing a lot better, according to The Economist’s valuables index. Another factor is the steady growth of the world’s ultra-wealthy population. According to Wealth-X, a provider of data on the very rich, and UBS, a financial-services firm, a record 199,235 individuals have assets of $30m or more, a 6% increase over 2012.

The goods they stash in the freeports range from paintings, fine wine and precious metals to tapestries and even classic cars. (Data storage is offered, too.) Clients include museums, galleries and art investment funds as well as private collectors. Storage fees vary, but are typically around $1,000 a year for a medium-sized painting and $5,000-12,000 to fill a small room.

These giant treasure chests were pioneered by the Swiss, who have half a dozen freeports, among them sites in Chiasso, Geneva and Zurich. Geneva’s, which was a grain store in the 19th century, houses luxury goods in two sites with floor space equivalent to 22 football pitches.  Luxembourg is not alone in trying to replicate this success. A freeport that opened at Changi airport in Singapore in 2010 is already close to full. Monaco has one, too. A planned “freeport of culture” in Beijing would be the world’s largest art-storage facility.

The early freeports were drab warehouses. But as the contents have grown glitzier, so have the premises themselves. A giant twisting metal sculpture, “Cage sans Frontières”, spans the lobby in Singapore, which looks more like the interior of a modernist museum or hotel than a storehouse. Luxembourg’s will be equally fancy, displaying concrete sculptures by Vhils, a Portuguese artist. Like Singapore and the Swiss it will offer state-of-the-art conservation, including temperature and humidity control, and an array of on-site services, including renovation and valuation.

The idea is to turn freeports into “places the end-customer wants to be seen in, the best alternative to owning your own museum,” says David Arendt, managing director of the Luxembourg freeport. The newest facilities are dotted with private showrooms, where art can be shown to potential buyers….Iron-clad security goes along with style. The Luxembourg compound will sport more than 300 cameras. Access to strong-rooms will be by biometric reading. Singapore has vibration-detection technology and seven-tonne doors on some vaults. “You expect Tom Cruise to abseil from the ceiling at any moment,” says Mark Smallwood of Deutsche Bank, which leases space for clients to store up to 200 tonnes of gold at the Singapore freeport.

Gold storage is part of Singapore’s strategy to become the Switzerland of the East. The city-state’s moneymen want to take its share of global gold storage and trading to 10-15% within a decade, from 2% in 2012. To spur this growth, it has removed a 7% sales tax on precious metals. (The Economist understands that the Luxembourg freeport’s gold-storage ambitions will get a fillip from the Grand Duchy’s central bank, which plans to move its reserves—now sitting in the Bank of England—to the facility once it opens. The bank declined to comment.)

Switzerland remains the world’s leading gold repository. Its imports of the yellow metal have exceeded exports by some 13,000 tonnes—worth $650 billion at today’s price—since the late 1960s, says the customs agency. The gap has widened sharply since the mid-2000s. But trade statistics do not tell the whole story, since they fail to capture the quantities of gold that go straight from runways to the freeports.

Wealth piled up in freeports is a headache for insurers. The main building in Geneva holds art worth perhaps $100 billion. The Nahmad art-dealing dynasty alone is said to have dozens of Picassos there. More art is stored in Geneva than insurers are comfortable covering, says Robert Read of Hiscox, an art insurer. Coverage for new items is hard to come by at any price….In a bid to soothe worries about concentrated storage, the private firm that operates Geneva’s freeport (which leases it from the majority owner, the local canton) is building a new warehouse a short distance from its existing structures. Most of the art is now stored in vaults under the main building. These were built in the 1970s as a way for banks to avoid a planned tax on gold held in their own vaults. The levy was repealed, the banks took back their gold, and paintings and sculptures soon began to fill the void. Luxembourg’s freeport, which is scheduled to open next summer, recently conducted a roadshow for insurers that highlighted the facility’s state-of-the-art safety features, including fire-fighting systems that suck oxygen from the air while releasing inert gas instead of water, so as not to damage art.

Insurance is cheaper for those willing to park assets in remote places. Switzerland is dotted with disused military bunkers, blasted into the Alpine rock during the second world war and cold war. The government has been selling these, and some have been bought by firms hoping to convert them into high-altitude treasure chests. One is Swiss Data Safe, which sells storage for valuables and digital archives at several undisclosed sites deep in the Gotthard granite. It claims to offer protection from “the forces of nature, civil unrest, disasters and terrorist attack”. Such places have a low risk of fire or being hit by a plane. But they cannot offer the tax advantages that freeports can.

Freeports are something of a fiscal no-man’s-land. The “free” refers to the suspension of customs duties and taxes…. this is all legal—though some countries have had to alter their statute books to accommodate the concept. Luxembourg amended its laws in 2011 to codify its freeport’s tax perks. That, plus the offer of land by the airport, helped persuade the project’s backers to put it there rather than in London or Amsterdam….Luxembourg’s government views the freeport as a useful adjunct to its burgeoning financial centre, which has been built on tax-friendliness. Deloitte, which helps firms and rich individuals minimise taxes, brokered the deal. Mr Arendt believes the freeport could help Luxembourg compete with London and New York in art finance, which includes structuring loans with paintings as collateral… As Swiss banks come under pressure to shop tax-dodgers, for instance, some are said to have been recommending clients to move money from bank accounts to vaults, in the form of either cash or bought objects, since these are not covered by information-exchange pacts with other countries. A sign that this practice may be on the increase is the voracious demand for SFr1,000 ($1,100) notes—the largest denomination—which now account for 60% of the value of Swiss-issued paper cash in circulation. Andreas Hensch of Swiss Data Safe says demand for its mountain vaults has been accelerating over the past year. The firm is not required to investigate the provenance of stuff stored there.

Western countries have started to clamp down on those who try to use such repositories to keep undeclared assets in the shadows. America has led the way. Under a bilateral accord, Swiss banks will have to deliver information on the transfer of funds from accounts, including cash withdrawals. Tax authorities are growing more interested in the contents of vaults. Americans with untaxed offshore wealth who sign on to an IRS voluntary-disclosure programme are required to list foreign holdings of art, says Bruce Zagaris of Berliner, Corcoran & Rowe, a law firm.

Tax-evaders are one thing, drug traffickers and kleptocrats another. In many ways the art market is custom-made for money laundering: it is unregulated, opaque (buyers and sellers are often listed as “private collection”) and many transactions are settled in cash or in kind. Investigators say it has become more widely used as a vehicle for ill-gotten gains since the 1980s, when it proved a hit with Latin American drug cartels. It is “one of the last wild-West businesses”, sighs an insurer.  This makes freeports a “very interesting” part of the dirty-money landscape, though also “a black hole”, says the head of one European country’s financial-intelligence agency. In a report in 2010 the Financial Action Task Force, which sets global anti-money-laundering standards, fretted that free-trade zones (of which freeports are a subset) were “a unique money-laundering and terrorist-financing threat” because they were “areas where certain administrative and oversight procedures are reduced or eliminated”.

Numerous investigations into tainted treasures have led to freeports. In the 1990s hundreds of objects plundered from tombs in Italy and elsewhere were tracked down to Geneva’s warehouse (along with papers showing that some had been laundered by being sold at auction to straw buyers, then handed straight back with the legitimate purchase documents). In 2003 a cache of stolen Egyptian treasures, including two mummies, was discovered in Geneva; in 2010 a Roman sarcophagus turned up there, perhaps pinched from Turkey.

Under pressure to respond, the Swiss have tightened up their laws on money-laundering and the transfer of cultural property. A law that took effect in 2009 brought Switzerland’s freeports into its customs territory for the first time. They must now keep a register of handling agents and end-customers using their space. Handlers must keep inventories, which customs can request to see.

In practice, however, clients can still be sure of a high degree of secrecy. Swiss customs agents still care more about drugs, arms or explosives than about the provenance of a Pollock. They do not have to share information with foreign authorities. Much of it is of limited value anyway, since items can be registered in the name of any person “entitled” to dispose of them—not necessarily the real owner.

Even greater secrecy is on offer in Singapore. Goods coming in to the freeport must be declared to customs, but only in a vague way: there is no requirement to disclose owners, their stand-ins or the value or precise nature of the goods (“wine” or “antiques” is enough). “We offer more confidentiality than Geneva,” Mr Vandeborre declared when the facility opened.  However, it is not quite true to say that Singapore and other new sites are in arm’s-length competition with the more established facilities. In fact, they share the same tight-knit group of mostly Swiss owners, managers, advisers and contractors. Yves Bouvier, the largest private shareholder in the Geneva freeport, is also the main owner and promoter of the Luxembourg freeport, a key shareholder in Singapore and a consultant to Beijing. His Geneva-based art-handling firm, Natural Le Coultre, is closely involved in running or setting up all these operations. Singapore’s architects and engineers were Swiss, as are its security consultants.

This has fuelled speculation that Swiss interests have deliberately developed a strategy to globalise the high-end freeport concept as a way to continue to benefit, even as the crackdown on undeclared money in Zurich and Geneva drives some of it to other countries. Franco Momente of Natural Le Coultre rejects this interpretation. “It’s nothing more than supply and demand,” he says. “Today many countries see the advantages of freeports for the local economy and to have a place in the global art market. They’re looking for solutions with experienced operators, and [the Swiss] have long experience.”

Barring dramatic regulatory intervention or moves to end their tax benefits, freeports are likely to grow, driven primarily by clients in emerging markets. At current growth rates the collective wealth of Asia’s rich will overtake Europe’s by 2017, reckon UBS and Wealth-X (see chart 2). As this population grows, so too could wealth taxes in the region, which are now low or non-existent. That could drive yet more Indians, Chinese and Indonesians towards the discreet duty-free depots which—if they aren’t already there—may soon be coming to an airport near you.

Freeports: Über-warehouses for the ultra-rich, Economist, Nov. 23, 2013, at 27

Unable to Control its Borders: Amazonas, Venezuela

Amazonas [in Venezuela] has many problems, but those most cited by local people are mainly the responsibility of central government. Frequent and lengthy power-cuts, unpunished violent crime, a precarious air link with Caracas and an almost non-existent internet service are among them. Outside Puerto Ayacucho, in the jungle that extends almost unbroken to the Brazilian border, an even darker mood prevails in the scattered Amerindian villages. Illegal mining is destroying the forest and polluting the water. The armed forces, whose duties include environmental protection, are accused by the Amerindians of complicity with the illegal miners and with the guerrillas of Colombia’s FARC, who have shifted their camps to Venezuela to evade military pressure at home.

“The guerrillas ordered the villagers not to go out at night,” says Uriel Blanco of OPIJKA, an organisation that defends the rights of the Jivi tribe. In the early hours, community leaders claim, boats laden with fuel and food head upriver to guerrilla camps. Neither these boats nor the miners seem to have problems with checkpoints run by Mr Maduro’s National Guard. But the guard seizes game from Amerindian hunters, as well as any fuel or processed food for which they lack receipts. The state’s Catholic bishop, José Angel Divasson, says that for the FARC, Amazonas is more than just a refuge: “It’s clear that they are trafficking drugs. Why else would they need 500-metre airstrips? The light planes go over [to Colombia] with guns and they come back with drugs.”

The cocaine business, along with illegal mining of gold and coltan, a mineral used in the manufacture of electronic devices, creates an almost insatiable demand for petrol and diesel, which are heavily subsidised by the Venezuelan government. The official price of a 200-gallon drum of petrol is just 14 bolívares. But once it leaves the river-port of Samariapo, it sells for at least 2,000 bolívares on the black market. By the time it gets to San Carlos de Río Negro, near the Brazilian border, it can cost five times that. Permits to buy fuel are controlled by the army.

“We get diesel for our generator once a month,” says a villager. “That gives us six hours of electricity.” Shops on the Colombian side of the river are well-stocked with subsidised Venezuelan food, while the people for whom it was intended go hungry. Amerindian groups have demanded a meeting with the president, but there has been no reply.

Venezuela’s Amazonas state: Lawless rivers and forests, Economist, Nov. 30, 2013

The China-Laos Train: Debt and Collateral

On the ground in the northern province of Oudomxay (Laos), most jeeps roaming the deforested valley bear Chinese and Vietnamese number plates…Investment is flowing into agriculture, typically rubber plantations, market gardening and other cash crops, much of it destined for the huge Chinese population to the north. The side-effects include a loss of forests and biodiversity, serious soil erosion and growing numbers of people in this multi-ethnic province being pushed off their land.

Chinese firms have secured rubber concessions in the province covering 30,000 hectares (74,000 acres). The idea is that tens of thousands of Chinese workers will eventually be needed to tap the rubber. In the past decade the government has granted land concessions across the country for up to 100 years, often at knock-down prices, to Chinese, Vietnamese and, to a lesser extent, Thai operators. More land is now in the hands of foreigners than is used to grow rice. The fear of one expert in Laos is the emergence of a landless poor.

Not all Chinese influence is welcomed by the government. Recently a deputy prime minister, Somsavat Lengsavad, announced the closure of a Chinese-run casino near the border that had attracted drugs and prostitutes along with gamblers. Yet Mr Lengsavad, ethnically Chinese himself, has his own patronage network built on granting concessions for Chinese-run special economic zones. And he is the point man for one of Asia’s most ambitious projects: a proposed 262-mile (421-km) passenger and freight railway connecting Kunming, in the south-western Chinese province of Yunnan, with Vientiane, the Laotian capital. The $7.2 billion price tag (including interest) is nearly as big as Laos’s entire formal economy. It will take 50,000 workers five years just to lay the tracks. Two-thirds of the route will run through 76 planned tunnels or over bridges.

The collateral for such a huge project lies in the mines of Laos. In other words, the extraction of natural resources in this undeveloped country is about to accelerate. Economic rents already accrue to an oligarchy, for which the railway, one way or another, will prove a bonanza… The capital of Laos is on the mighty Mekong river, which forms the border with Thailand. Though it still has a torpid air, Vientiane is growing fast in the hands of a Communist kleptocracy whose members queue up on Saturdays in their big cars to cross the Mekong for a dose of shopping across the border. For many of the remaining 6.6m Laotians, unease and sometimes fear are the predominant emotions.

Last December a well-known democratic activist and advocate of sustainable development, Sombath Somphone, disappeared. At the same time, the government clamped down on foreign NGOs, especially those advocating land rights. Two months ago the American embassy hung a banner from its water tower calling for the return of Mr Somphone. In September the head of the American-based Asia Foundation in Laos was told to pack her bags….The trauma of its long civil war and of American carpet-bombing during the Vietnam war is never far away. One-third of the country is still contaminated by unexploded American ordnance. Hundreds of people lose limbs every year to cluster bombs.In few countries do development agencies have to operate in thinner air than in Laos. In e-mails, foreign residents drop syllables from the names of Politburo members in attempts to outsmart new Chinese surveillance technology. The regime is constantly on guard against foreigners who might be seeking to “change our country through peaceful means”.

The future of Laos: A bleak landscape, Economist, Oct. 26, 2013, at 50

Scavengers or Waste Pickers?

New UN guidelines published in 2013 have formalised the work of scavengers, Scavengers collect between half and all the rubbish in developing countries.  Their activities cut costs to cities, help the environment and reduce poverty….Schemes are afoot in the Philippines and Nepal. In March Colombia’s capital, Bogotá, became the latest metropolis to start compensating its 15,000 waste pickers for their services, paying 82,860 pesos ($44) per tonne of garbage collected.  Brazil made scavenging an official occupation more than a decade ago. Its 1m catadores have raised recycling rates for cardboard and paper to 90%. Co-operatives get grants to buy equipment and can short-circuit the municipal-tendering process. In Belo Horizonte, in Brazil’s south-east, workers transform beer cans and other junk into intricate jewellery for the city’s fashion-conscious. Their motto is “your trash is our luxury”. Catadores there can make 1,700 reais ($800) a month from recycling and craft-making, well above the 678 reais minimum wage.

The scavengers face stiff competition from private firms who use more sophisticated technology to make money from waste. Official disdain remains a problem, too. Corruption in municipal-waste projects rewards the highest bribe, not the best bidder. Humble and often illiterate workers struggle to prove their social, environmental and financial advantages.

Sonia Dias, a rubbish expert from WIEGO, a non-profit global network based at Harvard University’s Kennedy School of Government, says better links between the scavengers’ co-operatives are needed. Informal workers were “largely invisible ten years ago” she says. Now they are talking at international meetings. The Global Alliance of Waste Pickers, which unites co-operatives in Asia, Latin America and Africa, sends representatives to shindigs such as the Rio+20 summit last year.

Excerpts, Money from rubbish:Mucking in, Economist,  Nov. 2, 2013, at 65

The Economics of Piracy: who benefits

[T]he pirate economy is poorly understood. A report released on November 4, 2013 by the World Bank, the UN and Interpol sheds new light.  The authors interviewed current and former pirates, their financial backers, government officials, middlemen and others. They estimate that between $339m and $413m was paid in ransoms off the Somali coast between 2005 and 2012. The average haul was $2.7m. Ordinary pirates usually get $30,000-75,000 each, with a bonus of up to $10,000 for the first man to board a ship and for those bringing their own weapon or ladder.

Qat, a narcotic plant that is chewed by many, is often provided to pirates on credit during an operation. Their consumption is recorded and, when the ransom is paid, each pirate gets his share, minus what he consumed.  Other deductions include food and fines for bad behaviour, such as mistreating the crew, which often carries a $5,000 fine and dismissal…Some pirates find it difficult to retire because they end up in debt at the end of a hijack. Part of the ransom money flows to local communities that provide services to pirates.  Payments go to cooks, pimps and lawyers, who are increasingly sought after, as well as banknote-checkers with machines that can detect fakes. Money is also paid to militias that control ports. Under one agreement in Haradheere, a port north of Mogadishu, Somalia’s capital, pirates paid a “development tax” of 20% to the Shabab, an Islamist rebel group tied to al-Qaeda.

During operations, pirates spend with abandon. Interest rates on loaned goods and services are high: $10 of mobile-phone airtime is charged generally at around $20. The men on the anchored ships also pay up to three times the market price for qat, driving up prices on the coast. “With piracy everything became more and more expensive,” complains a fisherman-turned-pirate. Some locals (including former pirates) offer services to potential and actual victims of piracy, for instance as consultants, negotiators or proof-of-life interviewers. Some of these “companies” openly advertise their services, sometimes contacting victims directly.

Financing pirate expeditions can be quite cheap by comparison. The most basic ones cost a few hundred dollars, which may be covered by those taking part. Bigger expeditions, involving several vessels, may cost $30,000 and require professional financing, This comes from former police and military officers or civil servants, qat dealers, fishermen and former pirates. They take anywhere between 30% and 75% of the ransom.  A typical operation has three to five investors. Some provide loans or investment advice to other financiers. Some financiers, especially those in the Somali diaspora who have little cash inside Somalia but large deposits abroad, employ what the report describes as “trade-based money-laundering” to send funds to Somalia. This involves finding legitimate Somali importers willing to use a financier’s foreign money to pay for their shipments and reimburse him at home in cash once the goods are sold.

The same technique is sometimes used to transfer ransom money out of Somalia. Cash is also smuggled across the region’s porous borders or transferred through intermediaries. One pirate took $12,000 in $50 and $100 bills to an office that transmits money and wired it abroad, bought a car and shipped it back to Somalia. The Somali financial sector is surprisingly dynamic and growing more quickly than state institutions. Various internet-payment services have popped up, even in the roughest parts of the country.

The report identifies Djibouti, Kenya and the United Arab Emirates (UAE) as the main transit points and final destinations for much of the loot. The financial institutions in Dubai, part of the UAE, are a particular worry. Investigators concluded that the ransom from the hijacking of the MV Pompei in 2012 was moved to Djibouti, then wired to banks in Dubai.  A third of pirate financiers invest profits in setting up militias or gaining political influence. Some also finance religious extremists.

Excerpts from Somali piracy: More sophisticated than you thought, Economist, Nov. 2, 2013, at 53

Nuclear Waste Disposal: Michigan v.Ontario

Ordinarily, a proposal to bury radioactive waste in a scenic area that relies on tourism would inspire “not in my backyard” protests from local residents -and relief in places that were spared.  But conventional wisdom has been turned on its head in the Canadian province of Ontario, where a publicly owned power company wants to entomb waste from its nuclear plants 2,230 feet below the surface and less than a mile from Lake Huron.

Some of the strongest support comes from Kincardine and other communities near the would-be disposal site at the Bruce Power complex, the world’s largest nuclear power station, which produces one-fourth of all electricity generated in Canada’s most heavily populated province. Nuclear is a way of life here, and many residents have jobs connected to the industry.  Meanwhile, the loudest objections are coming from elsewhere in Canada and the U.S.- particularly Michigan, which shares the Lake Huron shoreline with Ontario.

Critics are aghast at the idea. They don’t buy assurances that the waste would rest far beneath the lake’s greatest depths and be encased in rock formations that have been stable for 450 million years.  “Neither the U.S. nor Canada can afford the risk of polluting the Great Lakes with toxic nuclear waste,” U.S. Reps. Dan Kildee, Sander Levin, John Dingell and Gary Peters of Michigan said in a letter to a panel that is expected to make a recommendation next spring to Canada’s federal government, which has the final say.  Michigan’s two U.S. senators, Democrats Carl Levin and Debbie Stabenow, have asked the State Department to intervene. Business and environmental groups in Michigan and Ohio submitted letters. An online petition sponsored by a Canadian opposition group has collected nearly 42,000 signatures.

The Canadian “deep geologic repository” would be the only deep-underground storage facility in North America, aside from a military installation in New Mexico. Other U.S. radioactive waste landfills are shallow-usually 100 feet deep or less.  The most highly radioactive waste generated at nuclear plants is spent fuel, which wouldn’t go into the Canadian chamber. Instead, the site would house “low-level” waste  (decay within 300 years) such as ashes from incinerated mop heads, paper towels and floor sweepings. It also would hold “intermediate waste” (decay within 100,000 years)– discarded parts from the reactor core.  The project would be operated by Ontario Power Generation (OPG), a publicly owned company that manages waste generated by its nuclear reactors and others owned by Bruce Power, a private operator. Officials insist it’s the safest way to deal with radioactive material that has been stored above-ground since the late 1960s and needs a permanent resting place.

Company specialists say the waste would be placed in impermeable chambers drilled into sturdy limestone 2,230 feet below the surface, topped with a shale layer more than 600 feet thick. The lake’s maximum depth in the vicinity of the nuclear site is about 590 feet.  But Charles Rhodes, an engineer and physicist, contended seeping groundwater would fill the chamber in as little as a year, become contaminated and eventually reach the lake through tiny cracks in the rock.  “It’s only a question of how long, and how toxic it will be when it gets there,” he said in an interview.

Nuclear waste burial debate produces odd alliances. The Associated Press, Nov. 30, 2013

 

Nuclear Waste Management in Russia Gets Better

Russia could be moving closer to shutting down its infamous and highly contaminated Mayak Chemical Combine– Russia’s only spent nuclear fuel reprocessing facility – as the government builds a new pilot spent fuel storage and reprocessing facility in the closed city of Zheleznogorsk, near Krasnoyarsk, called RT-2. The Zheleznogorsk facility was once home to one of Russia’s 13 weapons grade plutonium production reactors…The pilot facilities at Zheleznogorsk – known as Krasnoyarsk-26 during the Soviet era – fall under the purview of an industry division called the National Operator, as established by Russia’s 2011 law “On handling spent nuclear fuel and radioactive waste.  The law further stipulates that all spent nuclear fuel and radioactive waste produced prior to 2011 is the government’s financial responsibility, where beyond 2011, the bills go to individual nuclear power plants.

Alexander Nikitin, Chairman of the Environmental Right’s Center (ERC) Bellona in St. Petersburg, who has visited the Zheleznogorsk site twice this year, said after the AtomEco conference held late last month in Moscow that the facility is designed to hold and reprocess two of Russia’s thorniest types of spent nuclear fuel: that produced by VVER-1000 reactors and the spent fuel that comes from RBMKs [Reaktor Bolshoy Moshchnosti Kanalniy], “High Power Channel-type Reactor” is a class of graphite-moderated nuclear power reactor designed and built by the Soviet Union.]  Russia has neither been able to store or reprocess fuel from the Chernobyl-type RBMK – one of the oldest, and most fatally flawed reactor lines in Russia’s civilian line up.

The Zheleznogorsk facility will also be capable of storing spent fuel from VVER-1000 reactors in wet storage. The spent RMBK fuel will be held at RT-2 in dry storage.  Spent VVER-1000 fuel is already arriving at Zheleznogorsk from reactors at the Balakovo, Kalinin, Novovoronezh and Rostov nuclear power plants. RBMK fuel will come from the Leningrad, Kursk, and Smolensk plants.

In all, RT-2 is designed to hold some 50,000 tons of spent nuclear fuel. Russia currently hosts some 23,000 tons of spent nuclear fuel, the majority of it stored on site at the reactors that produced it.

The reclamation of fuel from Soviet built reactors in former Soviet satellite states, which Russia is obligated to take back and either reprocess or store, is also slowing down… In the case of Hungary, for example, the local government has found it more economical to store the fuel itself than to repatriate it to Russia, easing up somewhat the amount of foreign spent fuel flowing to the country.

But Russia’ state nuclear corporation, Rosatom, has finally – and publically – reached the conclusion that Mayak and its legacy of overwhelming radiological pollution is no longer viable…

Nikitin, was told during his visits to RT-2 that the pilot facilities are slated to push through their first batches of reprocessed VVER 1000 and RBMK fuel – while producing no residual radioactive waste – by 2018.  If the test runs prove successful, RT-2 could move on to industrial scale storage and reprocessing   But Nikitin and Rosatom have their doubts about the rosy predictions of the National Operator. For one, Nikitin is skeptical of the value of reprocessing RMBK fuel..

Charles Digges,New spent nuclear fuel storage and reprocessing site in Siberia could end contamination from Mayak,  Bellona,  Nov. 14, 2013

Theft of Nuclear Materials – Mexico

Authorities on December 5, 2013 recovered dangerous radioactive material from a cancer-treating medical device that was on a stolen truck and abandoned in a field, the interior ministry said.  It was in a capsule of two centimeters in diameter and authorities are now trying to isolate it safely before taking it to its original destination at a waste storage facility, the ministry said in a statement.The radioactive cobalt-60 source, which is considered “extremely dangerous” by the United Nations’ nuclear watchdog, the International Atomic Energy Agency (IAEA) was originally inside a device that was in a steel-reinforced box in the truck.

The material was found in the town of Hueypoxtla about one kilometer (0.6 miles) from the truck, which the driver said was stolen by two gunmen at a service station on Monday.  The theft raised concerns about health risks while experts warned that the quantity of cobalt-60 — 60 grams — was enough to build a crude “dirty bomb,” though it was possible the thieves were only after the truck.

The United States said its national security team had monitored the situation “very closely” and that President Barack Obama was briefed throughout the day on December 4, 2013  as the search was on for the missing material.  “We also took appropriate precautionary steps along our shared border with Mexico,” said White House spokesman Jay Carney.  The National Commission for Nuclear Safety and Safeguards (CNSNS) said a family found the open medical device and brought it inside their home.  “We will have to keep this family under medical watch for the sole reason of being near a certain distance from the source,” CNSNS operations director Mardonio Jimenez told Milenio television, without specifying how many members were in the family.

Authorities have warned that whoever removed the radioactive material by hand was probably contaminated and could soon die. Authorities were still looking for the thieves.They said it is not clear if they are the ones who opened the box.  But Jimenez sought to reassure residents in the 40,000-population town of Hueypoxtla.  “The source is far from the population,” he said. “There is a security operation to keep them from getting near it.”

The official blamed the transport company for the incident, saying it had acted with “negligence” by not having a security escort with the truck. The device was driven from a hospital in the northwestern city of Tijuana.  The Vienna-based International Atomic Energy Agency also said the Mexican public “is safe and will remain safe.”  The IAEA said it had been informed by the CNSNS that the cobalt-60 was found to have been removed from its shielding “but there is no indication that it has been damaged or broken up and no sign of contamination to the area.”

The UN agency said that if not securely protected, the 60 grams of material “would be likely to cause permanent injury to a person who handled it or who was otherwise in contact with it for more than a few minutes.”  “It would probably be fatal to be close to this amount of unshielded radioactive material for a period in the range of a few minutes to an hour,” it said.  The IAEA added, however, that people exposed to the radioactive substance “do not represent a contamination risk to others.”  The incident was a reminder of the dangers posed by the huge amounts of nuclear material in hospitals and industry around the world if they are not handled properly and with sufficient security.  In particular, there are fears that extremists could steal the material and put it in a so-called dirty bomb — an explosive device spreading radioactivity over a wide area and sparking mass panic.

Mexico recovers radioactive waste that was on stolen truck, Agence France Presse, Dec. 6, 2013

Buying their Way out of Water Crisis: Gulf States

Scientists are now warning of “Peak Salt” – the point at which the Gulf becomes so salty that relying on it for fresh water stops being economically feasible.  “The average Arab citizen has eight times less access to renewable water than the average global citizen, and more than two thirds of surface water resources originate from outside the region,” says the U.N.Development Programme (UNDP) in a new study released this week.  Titled “Water Governance in the Arab Region: Managing Scarcity and Securing the Future,” the report warns that water scarcity in the region is fast reaching “alarming levels, with dire consequences to human development”….

A recent satellite study by the U.S. National Aeronautics and Space Administration (NASA) found the region has lost, since 2003 alone, far more groundwater than previously thought – an amount the size of the Dead Sea…Threatened by future scarcities, several Arab countries, including the UAE, have expanded their use of non-conventional water resources including desalination; treated wastewater; rainwater harvesting; cloud seeding; and irrigation drainage water.

Currently, the Arab region leads the world in desalination, with more than half of global capacity.  Desalinated water is expected to expand from 1.8 percent of the region’s water supply to an estimated 8.5 percent by 2025.  Most of the increase is expected to concentrate in high-income, energy-exporting countries, particularly the Gulf countries, because desalination is energy- and capital-intensive…According to the UNDP study.Arab region’s oil wealth has allowed some states to mask their water poverty, giving them the false impression they can buy their way of out of the coming crisis…

Excerpt, By Thalif Deen, Arab World Sinks Deeper into Water Crisis, Warns UNDP, IPS, Nov. 29, 2013

The Global Slavery Index

Ten countries have three-quarters of the world’s 30m slaves, according to the first Global Slavery Index, published by Walk Free, a campaign based in Australia and supported by philanthropists. Its definition of slavery includes coerced work (including provision of sex) and children forced into marriage. Data on these provide the indices for its ranking of 162 countries.  Mauritania comes out worst, with an estimated 4% of the population enslaved. Most are born into slavery—a deeply rooted practice. Children are owned by the same people who own their parents, to be used or sold. Some of India’s 14m enslaved people were also born into slavery, based on caste or other obligations. Others are trapped in debt bondage. This practice has been a crime for nearly 40 years, but the laws against it are poorly enforced.

Definitions of slavery are controversial; many countries fiercely resent charges of inaction. But Kevin Bales, the lead researcher, says that not one government from the ten worst performers (in prevalence) has so far contested his findings. Europe’s slavery rates are the lowest, but even in Britain, one of the lowest-ranked countries, the survey reckons up to 4,600 people are enslaved. They include trafficked women and people, often with mental or family problems, who are coerced into working in construction gangs.Next year’s survey aims to sharpen the data. But without more determined efforts from governments and lawmen, it is unlikely to paint a happier picture.

Slavery: Dry bones, Economist,  Oct. 19. 2013, at  66

Why Chinese Banks Love the UK

Britain’s banks, heirs to empire, have long coveted the riches of China. On October 15, 2013 their hopes of reaping them rose greatly when the chancellor of the exchequer, George Osborne, announced a deal with China that is intended to make Britain the main offshore hub for trading in China’s currency and bonds and for foreign institutions investing in China’s fast-growing economy.But there was a price. Mr Osborne conceded that British regulators would “consider” (which tends to mean “approve”) applications from Chinese banks wanting to enter Britain as branches of their parent banks rather than as subsidiaries. The difference may seem arcane but in the world of banking regulation it is hugely important. Branches are overseen by their parents’ bank supervisors at home. They are not required to have thick cushions of capital to absorb losses or large chunks of cash to see them through hard times. Instead they are expected to call on their parents for help if they run into difficulties. This makes branches much cheaper and more attractive for banks than subsidiaries.

It also explains why regulators generally dislike them. The laxer rules on branches leave them more vulnerable if they or their parent banks get into difficulties. In allowing Chinese banks to use branches, British authorities are in effect betting that if anything goes wrong the Chinese government will bail them out, says Simon Gleeson of Clifford Chance, a law firm.

The chancellor’s decision has raised eyebrows in London’s financial district. Some worry that a supposedly independent regulator has been subjected to political interference and has been forced to lower its standards. Yet critics of the deal overlook two important points. The first is that there is an inevitable tension between a bank regulator’s mission of maintaining financial stability and the wider aim of promoting economic growth. Tension between a regulator and elected officials is not just inevitable but healthy.

Just as important is the tricky balance regulators must find between protecting their own banking systems and encouraging the smooth functioning of global capital markets. Letting banks use branches allows capital to flow more easily around the world. Forcing them into subsidiaries can lead to the creation of stagnant pools of cash and capital.  Although Britain has cast a more sceptical eye over branches of foreign banks since the crisis—particularly after its taxpayers were left out of pocket by the collapse of Icelandic banks and their British branches—it has generally stood on the side of financial globalisation. In this it is increasingly lonely. American regulators are likely soon to force foreign banks to establish fully-capitalised units. EU officials are threatening to do the same. Given this trend, Britain’s stance looks less like an opportunistic grab for Chinese business and more like a last, probably hopeless, stab at keeping alive the dream of a seamless global financial market.

Chinese banks: Open for business, Economist, Oct. 19, 2013, at 62

Tax Evaders and Whistleblowers

What  Edward Snowden is to mass surveillance, Hervé Falciani is becoming to private banking. In 2008 the now 41-year-old native of Monaco walked out of the Geneva branch of HSBC, where he had worked for three years, clutching five CD-ROMs containing data on thousands of account holders. The theft lobbed a bomb into Europe’s private-banking market, spawning raids and tax-evasion investigations continentwide. In the latest, this week, Belgian agents swooped on the homes of 20 HSBC clients, including some with ties to Antwerp diamond dealers.

Mr Falciani went on the run when the Swiss charged him with data theft. After moving to Spain he was imprisoned, but freed when a judge denied a Swiss extradition request. At one point, he claims, he was kidnapped by Mossad agents who wanted a peek at the clients’ names. He has now taken refuge in France, where the government has offered him protection in return for helping it hunt for tax dodgers.

Several countries have used the data to bring cases against suspected evaders. Revelations that dozens of Greek public figures hid money offshore have magnified the tumult in that country’s politics. Spain and France have fingered hundreds of high-level cheats and retrieved €350m ($610m) in back taxes. Mr Falciani maintains that his CDs provided support for an American probe into weak money-laundering controls at HSBC, which led to a $1.9 billion settlement. HSBC disputes this.

Mr Falciani has said he still fears for his safety, despite round-the-clock protection from three armed guards provided by the French. At least he is not short of work. He has been helping France’s tax authorities develop long-term anti-tax-evasion measures. And he recently became an adviser to a new Spanish political party, Partido X (which, ironically, tries to keep its members anonymous).

He insists his motives have always been pure: to repel Switzerland’s “attack” on other countries’ tax laws and exchequers. HSBC says he is no high-minded whistle-blower. He tried to sell the data at first, the bank contends, and started to work with prosecutors only when he was jailed in Spain. It claims he has data on only 15,000 clients (Mr Falciani says it is eight times that) and that the stolen files contain errors.

Either way, many more tax-shy Europeans have reason to sleep fitfully. Other countries are said to want a look at the data, some of which are yet to be decrypted. When Mr Falciani first made the rounds with his discs, there was little interest. The fiscal strains produced by the euro crisis have changed all that.

Banks and tax evasion: Hervé lifting, Economist, Oct. 19, 2013, at 79

An Islamic Superpower: Turkey

The rift with Washington deepened following Turkey’s announcement in September that it was planning to co-produce a missile-defence system with a Chinese company that is under American sanctions for its dealings with Syria, North Korea and Iran. NATO’s secretary-general, Anders Fogh Rasmussen, has warned that the Chinese equipment, which is meant to protect Turkey against a possible attack by Syria or Iran, is not compatible with those of other NATO members. Aaron Stein, a Geneva-based non-proliferation expert, reckons that the Chinese kit may be “good against drones and aircraft but not against missiles”.Turkey picked the Chinese missile because it was vastly cheaper than its European and American rivals. The Chinese also agreed to share technology that will purportedly enable Turkey to produce and export its own missiles. This fits with Mr Erdogan’s dreams of leading an Islamic superpower.

Excerpt, Turkey and its neighbours: A reset?, Economist, Nov. 9, 2013, at 59

US Operations in North Africa – Strategic Instability

The Defense Department continues to work with nations in North Africa to promote security and increase stability in the region still feeling the effects of the Arab Spring, Amanda J. Dory, the deputy assistant secretary of defense for African affairs, told a Senate panel today. Libya, Tunisia, Algeria and Morocco are confronting instability and the U.S. military is working to build or strengthen their police and military forces, Dory told the Senate Armed Services Subcommittee on Near eastern and South and Central Asian Affairs….T

he effects of the Arab Spring in North Africa continue to reverberate within the region and beyond its borders into the Sahelian states of sub-Saharan Africa, she said. Libya remains a key source of instability in North Africa and the Sahel. After the overthrow of Muammar Gadhafi, there is little government infrastructure inside Libya, Dory said, and certainly no tradition of democracy.Violence is rampant in Libya and the Libyan government is too weak to control its borders and militias provide what security there is. Arms merchants are shipping Libyan weapons out of the country and these arms are fueling instability from Mali westward, Dory said…The United States will provide general-purpose-force military training for 5,000-8,000 Libyan personnel, Dory said.“This training effort is intended to help the [Libyan] government build the military it requires to protect government institutions and maintain order,” she said.  The training of Libyan military personnel may begin next year in Bulgaria.

In Morocco, Algeria and Tunisia, DOD maintains close military-to-military ties with their military counterparts. All three are engaged in a security dialogue with the United States and “they share our goals of countering terrorism and enhancing cross-border security,” Dory said…

Excerpts, By Jim Garamone, Military Continues Work With North African Countries American Forces Press Service, Nov. 21, 2013

Boeing Africanizes its Weapons

Boeing airliners are well known and operated in almost every country of the world, Boeing are more selective as to whom they sell their military products. Up to now, the African activities of Boeing Defence, Space & Security have been restricted to North Africa.This, however, is about to change. Whilst the Middle East and Asia-Pacific are trending, Chris Chadwick, President of Boeing Military Aircraft, has seen an emerging set of needs coming out of Africa, including sub-Sahara countries..“We are looking at ways to Africanise Boeing products,” said Paul Oliver, Vice President, Middle East & Africa. An example would be an AH-6i with certain systems deleted and integrated with local weapons…

Egypt is already a large-scale Boeing military aircraft customer, operating both the CH-47 Chinook and the AH-64 Apache in large numbers. Despite the recent US suspension of some foreign military assistance to Egypt, Boeing is committed to supporting equipment in Egypt.

There are other North African customers that Boeing won’t mention, but Morocco has Boeing weapons integrated onto their F-16s and has ordered additional CH-47s for delivery in 2016….Algeria in particular is interested in acquiring Boeing’s C-17 and evaluated the aircraft earlier this year. The North African country has also expressed interest in transport helicopters and intelligence, surveillance and reconnaissance (ISR) aircraft.

Excerpts, Dean Wingrin, Boeing sows seeds for African growth, DefenceWeb, Nov. 27, 2013

Minority Rights in Libya: the Berbers

Protesters have shut Libya’s gas export pipeline to Italy, its only customer, demanding more rights for the c, or Berber, minority and depriving the weak government of a major source of income.  The closure worsens turmoil in Libya where Prime Minister Ali Zeidan warned that the government might face budget problems next month after protesters cut oil production to a fraction of its capacity.

The North African country faces anarchy as the government has failed to rein in armed militias and radical Islamists who helped topple Muammar Gaddafi in 2011 but kept their weapons.  Although the closure on Nov. 11, 2013 of the Greenstream pipeline will take several hours to register at the other end, it adds to Italy’s energy headaches after Ukraine halted gas imports from Russia, which could also impact supplies. Italy depends heavily on Russian gas.

Amazigh protesters last month seized the port at the Mellitah complex, some 100 km west of Tripoli, and have already shut down oil exports from there. The oil and gas complex is operated by Libya’s National Oil Corp and Italian energy company Eni.”We tried to convince them not to close the pipeline, but it’s closed now,” Munir Abu Saud, head of the local oil workers’ union, told Reuters…

Tripoli has seen its authority crumbling over its restive regions and fears an exodus of foreign oil companies and investment.  The Amazigh minority in September shut a pipeline feeding gas from Eni’s Wafa field to export facilities at Mellitah. Although this squeezed exports, much of the gas Libya sends to Italy comes from offshore fields.

The Amazigh protesters want their language guaranteed under Libya’s planned new constitution and a bigger say in a committee to be elected to draft the constitution. They say Berbers are treated as second-class citizens in the Arab country.

Excerpt, By Ghaith Shennib and Ulf Laessing, Libyan Berbers shut gas pipeline to Italy, cut major income source, Reuters, Nov. 11, 2013

 

 

 

Who is Investing in Drones?

A United Arab Emirates (UAE) investment fund (Mubadala)  has beefed up its stake in Italy-based Piaggio Aero, just as the aeronautics firm gets ready for the debut flight of its P.1HH Hammerhead drone… Mubadala, the US $55 billion fund set up by the Emirate of Abu Dhabi in 2002, increased its stake in Piaggio Aero from 33 to 41 percent on Nov. 12, as part of an equity increase of €190 million (US $255 million).  Also Tata Ltd., a UK offshoot of India’s Tata Group, increase its stake from 33 to 44.5 percent…That means Mubadala and Tata are now the main financial backers of development of the Italian-built Hammerhead, which is an unmanned version of Piaggio Aero’s main seller, the P.180 twin-prop business aircraft….

But the Italian Defense Ministry has not invested in the program, creating an unusual situation in which Indian and Arabian Gulf capital is funding the development of a UAV in which Italy is certifying and showing keen interest….Italy and the UAE have discussed UAV development before. In 2009, the gulf state selected the Italian M-346 jet trainer, but the deal stalled, allegedly over problems related to a side deal on UAVs.  Plans had reportedly been made to co­develop a UAV with specifications that exceeded those set down by the Missile Technology Control Regime, which restricts the sales of missiles and UAVs able to carry a 500-kilogram payload at least 300 kilometers. Italy is a signatory of the treaty.

At the Paris Air Show, Debertolis said Italy would consider arming the Hammerhead, noting that the aircraft was large enough to hold weapons in internal bays and that half of what is cabin space in the manned version would remain unused. But he added that the payload would remain within the 500-kilogram maximum set down by the Missile Technology Control Regime.

Excerpts,Tom Kington UAE Ups Its Stake in Drone-maker Piaggio Aero, Defensenews.com, Nov. 15, 2013

The Struggle for Water: Tanzania

As farmers and herders fight over dwindling water levels in the Pangani River Basin in northeastern Tanzania, a new dispute is emerging between farmers and the state-run power utility firm over this precious resource. The Tanzania Electric Supply Company or TANESCO manages three hydropower plants located on the Pangani River near Muheza district, which are meant to provide 17 percent of the country’s electricity…For the last four years Tanzania has been experiencing a drought that locals say is the worst to have ever hit the region. Thousands of farmers and herders who earn a living here have been affected.  Jumanne Mujuni, a councilor from Mombo town, which is located a few kilometres from the Hale hydropower station in Muheza district, told IPS that the drought has pushed many to the brink as they compete with TANESCO for dwindling water supplies. He added that many locals are now embroiled in disputes with the state-run utility.“All these problems that we face are rooted in the drought. There were hardly any [problems] when there was enough water in the river,” he said.

Excerpt from Kizito Makoye,Power Struggle Rises Over Tanzania’s Pangani River, IPS, Oct. 24, 2013

Shell and the Oil Spills in Nigeria

At Amnesty International and CEHRD’s request, the independent US oil pipeline specialist Accufacts assessed a number of oil spill investigation reports, as well as responses from oil companies operating in the Niger Delta and Nigeria’s national oil spill agency.  The expert found cases where the stated cause of an oil spill appears to be wrongly attributed to sabotage [by the local population]. In many other cases sabotage was listed as the cause when there was little or no data recorded to back up the claim.

Overall, Accufacts concluded that many official investigation reports were “technically incomplete”, and others “appear to be serving another agenda, more driven by politics…than pipeline forensic science”.  Nigeria’s under-resourced regulatory agencies have little oversight or control of the process and are dependent on the oil companies to carry out investigations.

In one incident, a regulator sent a student on work experience as their sole representative to an oil spill investigation.  “This is a system that is wide open to abuse – and abuse happens. There is no one to challenge the oil companies and almost no way to independently verify what they say. In effect it’s ‘trust us – we’re big oil,” said Gaughran.

Shell has made some improvements to its investigation reports since 2011, including the addition of images of oil spills on its corporate website. But serious flaws remain, including weaknesses in the underlying evidence used to attribute spills to sabotage.  Information listed in oil spill investigation reports determines whether oil companies are liable to pay compensation to affected communities.  Despite serious flaws, the reports are cited as evidence in litigation.

Amnesty International and CEHRD found evidence of Shell having changed the officially recorded cause of a spill after an investigation had taken place. In one incident, secretly filmed video of an investigation shows how officials from Shell and the regulator tried to subvert the evidence by persuading community members on the investigation team not to attribute the cause to equipment failure. Video footage of a leak from an oil spill in Bodo from 2008 reviewed by Accufacts shows that Shell seriously under-recorded the volume spilled.  Shell’s official investigation report claims only 1,640 barrels of oil were spilled in total but other evidence points to the amount being at least 60 times higher…

The report argues that companies should be legally liable for failure to take effective action to protect their systems, including from sabotage.

Amnesty International and CEHRD are calling on the oil companies to publish all investigation reports, associated photos and videos. They must provide verifiable evidence of the cause and damage to the impacted area.

Shell’s false claims on Niger Delta oil spills exposed, Amnesty International Press Release, Nov. 7, 2013

Brazil and France Collaborate on Nuclear Plant

Eletrobras Eletronuclear has awarded a contract to Areva to complete the construction of the Angra 3 nuclear reactor, located in Rio de Janeiro, Brazil.  Under the €1.25bn contract, the company will supply engineering services and components, as well as the digital instrumentation and control system for the reactor.  Additional responsibilities include provision of assistance in the supervision of the installation works and the commissioning activities.

Areva president and CEO Luc Oursel said the contract continues the company’s partnership with Eletrobras that started with the construction and the supply of reactor services for the Angra 2 reactor.  ”The completion of Angra 3 confirms Brazil’s engagement in an ambitious nuclear program and illustrates the relevance of this energy source as a solution for sustainable economic development,” Oursel added.

Initiated in 2006, the construction of the 1,405 MWe Angra 3 pressurized water reactor is expected to help the Brazilian government meet the country’s increasing energy demand, and balance the energy mix.  Besides featuring the latest enhancements made to currently operational reactors, especially in terms of safety, the Angra 3 design also responds to the guidelines of the International Atomic Energy Agency (IAEA) and the Brazilian nuclear safety authority’s post-Fukushima standards.  Connected to the grid in 1985 and 2001, the Angra 1 and Angra 2 reactors have an output of 640Mwe and 1,350MWe, respectively.

Areva to support third Angra 3 nuclear reactor construction, EBR Staff Write, Nov. 8, 2013

Illegal Dumping of Nuclear Waste: Turkey

A lead factory in the Aegean province of İzmir has been fined for 5.7 million Turkish Liras ($2.9 million) over allegations of burying high levels of radioactive waste in the land.  The penalty imposed on Aslan Avcı Casting Industry lead factory is the highest environment fine imposed in Turkey to date, Environment and Urban Planning official Mehmet Emin Birpınar told Anadolu Agency Oct. 28.

The site was brought to public attention when reports of the burying of radioactive waste under the ground surfaced, with over 10,000 tons of earth being placed on top of the waste.  The radioactivity levels called for proper containment of the waste, however, despite later reports by Turkey’s Atomic Energy Commission (TAEK), assuring normal levels of radioactivity in the area, the controversy continued to generate public debate.  Recently, new reports have emerged saying the color of the land covering the waste was becoming black, suggesting the radioactive wastes’ continuing to spread in environment through wind and rainfall.

Record fine imposed for radioactive waste burial in Turkey’s Aegean district, Hurriyet Daily News, Oct. 28, 2013

How nuclear waste accumulated in the factory? “Prof. Tolga Yarman from Okan University Faculty of Engineering explains the case: “This product is a nucleus called Europium 152 isotope. It is difficult to understand how this element can be found in Turkey. This is the major question. This product cannot be here just by itself; it must have come with other waste materials, especially with nuclear rods. But why and how can nuclear rods be here in Turkey? Who brought them? This is what we need to know. In addition, what did they melt in the factory together with the waste? They say it was unintentional, but it does not seem possible. This means that it is possible to imagine that the factory used radioactive material for its production. In that case, it is necessary to take under surveillance the production process. We are also facing a potential hazard caused by the products distributed from that company. We should immediately test some of the batteries produced in that factory.”

The Hot Pursuit of Poachers

More suspected rhino poachers have been arrested so far this year [in South Africa] than were taken into custody for the whole of last year but rhino poaching continues unabated with 825 carcasses bearing mute testimony to the continued slaughter…This translates into 2.7 rhinos a day, with the Kruger National park still the favoured target of poachers, the majority of whom are Mozambicans. This point was stressed by former Mozambican president Joaquim Chissano speaking at the launch of the Joaquim Chissano Foundation Wildlife Preservation Initiative in Maputo earlier this week.  He said 70% of the rhino killed in South Africa can be attributed to Mozambicans. Correspondingly, 68% of suspected poachers arrested in South Africa are from South Africa’s eastern neighbour.

This point was also made earlier this year by retired SA Army general Johan Jooste, now in overall charge of SANParks wildlife anti-poaching operations. He wants a government to government agreement to give Kruger National Park rangers a “hot pursuit” option. This will allow rangers to follow poaching suspects across the border without creating international incidents.The SA National Defence Force (SANDF), via the SA Army and Army Reserves as well as SA Air Force elements, are also active in anti-rhino poaching operations in the world-renowned game reserve. Proof it is the target of choice for poachers comes from Kruger losing by far the largest number of rhinos – 500 – of any area or province.

As of the beginning of this month, 272 arrests of alleged poachers and others suspected of involvement in the horn poaching chain were secured by South African law enforcement agencies. The majority of arrests – 101 – were in Kruger.  The involvement of the wider South African defence sector in counter poaching operations is illustrated by Denel Dynamics deploying a Seeker UAV in Kruger and a Seabird Seeker reconnaissance aircraft compliments of Ivor Ichikowitz’ Paramount Group.

This week saw another side of the national effort to curb and hopefully stop rhino poaching with the first international DNA sampling training workshop… Special focus was given to the increased use of rhinoceros horn DNA sampling to combat wildlife crime.  The officials have been provided with focused training on the identification of rhino horn, horn DNA sampling and wildlife crime scene investigation. Participants were also educated in the utilisation of ICCWC (International Consortium on Combating Wildlife Crime) tools and services to enhance their wildlife crime investigation capabilities.

Excerpt,  Kim Helfrich, Fighting back against rhino poachers – in the bush and in court, DefenceWeb.com,Nov. 8, 2013

How to Erase a State: Libya

Libyans have become accustomed to chaos in a country flooded with weaponry where militias and tribes call the shots, two years after NATO bombing helped rebels topple Muammar Gaddafi.But the daylight robbery of $55 million from a Central Bank van suggested that Prime Minister Ali Zeidan’s cabinet is losing the struggle to provide security and build state institutions.Ten gunmen intercepted the van when it left the airport in Sirte, a former Gaddafi stronghold, snatching the cash flown in from Tripoli for the local central bank branch…

Sirte, a central coastal town near Gaddafi’s birthplace, has escaped the violence rife in cities such as Benghazi in the east, where assassinations and bombings are part of daily life. But the city showcases the lawlessness engulfing postwar Libya after four decades of Gaddafi’s quirky one-man rule.The fledgling army has largely moved out of Sirte, unable to rein in armed bands or the Islamist militants of Ansar al-Sharia which runs training camps nearby, residents say.

Unable to impose security here and in other cities, the government has co-opted former anti-Gaddafi rebels, putting them on the state payroll to guard public buildings or man checkpoints, nominally as part of state security forces.In fact these gunmen report to their own commanders who have their own agendas. Some are close to Islamists like those who briefly grabbed Zeidan from his Tripoli hotel room this month in protest at a U.S. raid to seize an al Qaeda suspect.Other militias pursue tribal interests or smuggle weapons, drugs and anything else that makes money…

[I]nsecurity in the streets is exacerbated by infighting between supporters of Zeidan, a liberal, and his Islamist opponents in the General National Congress, or parliament. “The government is very weak compared with other political forces, criminals and terrorists,” said Libyan political analyst Rami Mussa.

Exploiting the power vacuum, protesters have shut down oil terminals and oilfields around the country. Oil output, the main source for the budget, is down to a fraction of the 1.6 million barrels a day Libya pumped before the uprising against Gaddafi…In the east, disfavored in Gaddafi’s time, tribes and other armed groups demand autonomy and oil wealth. Regional councils have sprung up which want to sell crude bypassing Tripoli.

Excerpt, Central Bank falls victim to Libya’s rampant crime, anarchy, Reuters, Oct. 29, 2013

Migrants in a Gated World

The bodies of 92 people, almost all women and children, have been found in the Sahara desert. Rescuers said the people had died of thirst after their vehicle broke down during their attempt to reach Algeria from Niger…The group was discovered after survivors reached Arlit on foot. Local experts said that the people were victims of human trafficking and were believed to have died two weeks ago as they tried to walk 12 miles in scorching sun to reach a well after the lorry they were travelling in broke down leaving them stranded.  Sources in Niger said that the group, who began their perilous journey across the desert in late September, was comprised of local people from Zinder, the second largest city in southern Niger, close to the border with Nigeria.

One security expert stressed that the group were not economic migrants but victims of trafficking.  Moussa Akfar, a security expert based in Niamey, Niger’s capital, said: “This was in fact a case of poor people and children who were being trafficked to Algeria. There is an inquiry underway but we know that this was trafficking because economic migrants go to Libya – in Libya you find people of all nationalities, from Nigeria, Cameroon and other countries, heading to Europe.  “In this case all the victims were Nigerien from Zinder, and they were being trafficked. The questions that have to be asked now is how officials on road checkpoints did not alert the authorities about this group. There is endemic corruption at work.”..

Niger is one of the poorest countries in the world and has been rocked by repeated food crises in recent years. Last year Save the Children termed Niger the worst place in the world to be a mother amid its warnings that continuing poverty levels were driving people to undertake life-threatening journeys to higher income nations.  While many in Niger said that the October deaths were linked to trafficking, Algeria being the intended destination, Rhissa Feltou, the mayor of Arlit, said the group could have been trying to reach Europe.

Excerpt, Niger migrants died from thirst, after stranding in Sahara desert, Guardian, Oct. 31, 2011

Military Tanks with No U.S. Parts

The international armoured vehicles market is facing challenging times, especially as the US and its partners withdraw from Afghanistan, potentially flooding the market with used vehicles, according to  [a South African] company [called] DCD Protected Mobility…A recent Frost & Sullivan report said the world military land vehicle market would only grow at .7% until 2021 as the US cuts back its requirements and western defence markets shrink. Certain market segments, such as armoured fighting vehicles, are projected to actually shrink over the next decade.

However… a market does still exist for armoured vehicles. “There is a requirement out there for more MRAPs [Mine-Resistant Armour Protected vehicles].” Addressing the threat of an ex-US armoured vehicles glut, he pointed out that ex-US Army vehicles are not always suitable for other customers as they are still fairly expensive to maintain and operate and are do not always meet user requirements….

That DCD Protected Mobility intends “becoming owners of the route clearance space internationally,” notably with its Husky vehicle mounted mine detection system…. The system comprises of two Husky vehicles: the first acts as a Mine Detection Vehicle (MDV) (previously a Meerkat). The second vehicle (a Husky) tows a mine-detonating trailer..Hundreds of Huskies have been sold to Canada, the USA, UK, France, Australia, Angola, Kenya, Uganda, Spain and Turkey….[T]he Husky programme has made a significant contribution to poverty alleviation in South Africa, creating 1 320 jobs across the supply chain and earning R10.3 billion in foreign exchange for the South African economy… On the sixth of November, DCD and its partners will demonstrate an unmanned version of the Husky system to the US government, developed in partnership with its partners Critical Solutions International (CSI) and Torc Robotics.

With CSI, DCD is looking at international markets like the European Union and Nato. Austria wants to buy four to six two-seat Husky vehicles through the US Foreign Military Sales (FMS) system to provide a route clearance capability they can offer to Nato.  Turkey recently bought four Huskies and… will purchase more. Turkey will “hopefully” buy around 50 more vehicles sometime next year, he told defenceWeb. Other countries that show great promise regarding the vehicle are India and Iraq.

DCD is also trying to focus on Africa and emerging markets, and places where customers do not want any US components in their vehicles. In Africa, the company is pinning some of its hopes on the Springbuck A202 armoured personnel carrier. This is selling well and is aimed at developing countries that need an “affordable but not inferior” vehicle.

Excerpt,  Guy Martin, Budget cuts, Afghanistan withdrawal negatively affecting MRAP market, DefenceWeb, Oct. 31 2013

An Oil-Rich Virgin Territory: Libya

Libya remains tempting. The oil-rich country is virgin territory. Recent rises in state salaries have made Libyans, already well-off for this part of the world, keen to spend. So is the government, since the country’s infrastructure is so poor. Before the war it signed deals to build roads, railways, houses, hospitals and schools. Now that international sanctions have been lifted, investment should be pouring in.

One problem is insecurity. Benghazi, the country’s second-biggest city, is still a no-go area for Americans, Britons and the French. But rampant militias are not the main deterrent, says Kevin Virgil of Pathfinder Capital: his London-based investment firm also works in Iraq, which is getting much investment despite being at least as dangerous.

Misrata’s militias provide better security than those in bomb-prone Benghazi. The port and free zone have broad autonomy from the central authorities in Tripoli, so decisions are taken more quickly.

Excerpts, Business in Libya: A post-Qaddafi pause, Economist, Oct. 5, 2013, at 69/Business in Misrata The can-do city, Economist, Oct. 5, 2013, at 69

The Strategic Value of Helium

Helium  is used in a range of applications from welding and fibre-optic technology to deep-sea diving. Super-cold liquid helium is essential to making and running the superconducting magnets for MRI scanners and to manufacturing electronic devices from TVs to phones… A third of the world’s helium [ 2.1 billion cubic feet a year  out of a global market of 6.3 billion] comes from an underground reservoir in Texas built up under government auspices and run by the Bureau of Land Management. Such was the supposed strategic value of helium, a by-product of natural gas, that a reserve was created in 1925 to supply the gas to inflate airships. So jealously did America guard its helium that other countries had to fill dirigibles with flammable hydrogen—the Hindenburg was one of dozens that went up in flames as a result.

Once airships had drifted out of fashion, helium remained crucial to the space race and nuclear-weapons development. Nonetheless overall demand tapered. By the mid-1990s the cost of running the Federal Helium Reserve, which bought all the helium that gas firms could produce, was too steep to justify a buffer that was not needed. Lawmakers decided to close it and sell most of the accumulated helium to pay off debts of $1.4 billion….

Helium demand has grown by around 5% a year since 2000 with the advent of new applications, such as MRI scanners. Prices have doubled over the past five years. America’s conventional gasfields, the source of most helium, are depleting and ways to plug the gap left by the rundown of the reserve have proved difficult to develop. New plants in America and Australia are producing the gas but mishaps and technical difficulties at other new refineries in Qatar and Algeria have crimped supplies. This has encouraged firms such as Siemens and GE to look for substitutes for helium. As a result demand may expand by only 2.5% a year for the next decade or two, according to John Raquet of Spiritus Group, a consultancy.

Relief for the helium market seems destined to come from Russia, long a minor producer. The country has the wherewithal to create a reserve of its own. Gazprom appears to be gearing up to become a big supplier by 2018, just as America’s reserve is set to run dry (if it secures the cash to continue past October). Not everyone will be pleased that an arm of the Russian state may in future hold sway over their medical treatment and their children’s parties.

Helium: Inflation Warning, Economist, Sept. 28, 2013, at 68

Mining Gold and Cyanide Pollution

The $4 billion that two Canadian companies, Barrick Gold and Goldcorp, have poured into developing Pueblo Viejo, a gold mine, since 2009 amounts to the largest single foreign investment in the history of the Dominican Republic. The companies say that the money has turned the polluted ruins of what was the state-owned Rosario mine, abandoned in 1999, into a “truly world-class” operation that should provide the country’s government with $10 billion over its 25-year life.

But the project has been controversial. Just weeks after the mining started in January 2013, President Danilo Medina, who was elected last year, declared: “For every $100 of gold exports, Barrick will receive $97 and the Dominican people $3. That is simply unacceptable.” (In fact, Pueblo Viejo Dominicana Corporation, or PVDC, the company operating the mine, is 60% owned by Barrick and 40% by Goldcorp.) Mr Medina demanded that the contract be renegotiated; otherwise, he said, he would raise taxes on the mine’s profits.

This month the two sides agreed to changes that have front-loaded tax payments and could see the government get an extra $1.3 billion in 2013-16 provided that the gold price rises and stays above $1,600 an ounce (it is now around $1,350). Gustavo Montalvo, Mr Medina’s chief of staff, tweeted: “Together we ensured that words like ‘national sovereignty’, ‘justice’ or ‘transparency’ were transformed into something more concrete.”

Yet that may not calm local unrest over the mine, sited about 100 kilometres (60 miles) north of Santo Domingo, the capital. The investment was presented by both the government and company as including a clean-up of Rosario’s toxic mess and the installation of systems to keep local watercourses clean. But residents are suing PVDC, claiming that the new mine is poisoning rivers, causing illnesses and the death of farm animals. They want the government to release the environmental-impact assessment for Pueblo Viejo, which it has so far refused to do.

One farmer, María de la Cruz Mariano, said that she began to suffer skin allergies and other ailments in 2010, after PVDC began work. Tests on her blood conducted by a private laboratory showed high levels of lead, sulphur, cyanide and zinc. Some of her cattle have died from bovine anaemia, which can be caused by ingesting cyanide. Other residents report that previously clean local rivers have become polluted since PVDC built a dam to collect water containing cyanide, which is used to leach gold from crushed rock.

PVDC has signed the international code of practice for the handling of cyanide. It says it is “in the process of capturing all the surface flows” from the old and the new mines, sending the water to storage ponds where it is treated. PVDC says that, together with local people, it conducts regular, public tests on water and air.

But community leaders say they have no knowledge of such tests. The company has not answered requests to provide the dates on which they were conducted. Tests by the environment ministry, released only after a freedom of information request, found the water in the Margajita river downstream from the mine to be highly acidic, as well as containing sulphides and copper above legal limits. The ministry has made little effort to act on these results.

The old Rosario mine left some streams red with acid. PVDC’s clean-up obligations extend only within the mine perimeter; the rest was for the government. The firm points out that it has paid $75m ($37.5m of it a loan) to finance the government’s share of the work. It has also removed around 130,000 cubic metres (4.6m cubic feet) of contaminated soil. But Demóstenes Martínez, a congressman from the ruling party, argues that PVDC is violating both the constitution and the mining law.

It is not clear whether the pollution is being caused by PVDC’s operations, or is a legacy of the past. The government claims to have lost records of past tests on the rivers. But on its own the new agreement may not be enough to ensure that the mine regains the consent of the community. That will require greater candour.

Mining in the Dominican Republic:  Sickness and wealth, Economist, Sept. 21, 2013

Rivers as Fiefs: Dams in China

Though the Chinese authorities have made much progress in evaluating the social and environmental impact of dams, the emphasis is still on building them, even when mitigating the damage would be hard. Critics have called it the “hydro-industrial complex”: China has armies of water engineers (including Hu Jintao, the former president) and at least 300 gigawatts of untapped hydroelectric potential. China’s total generating capacity in 2012 was 1,145GW, of which 758GW came from coal-burning plants.

An important motive for China to pursue hydropower is, ironically, the environment. China desperately needs to expand its energy supply while reducing its dependence on carbon-based fuels, especially coal. The government wants 15% of power consumption to come from clean or renewable sources by 2020, up from 9% now. Hydropower is essential for achieving that goal, as is nuclear power. “Hydro, including large hydro in China, is seen as green,” says Darrin Magee, an expert on Chinese dams at Hobart and William Smith Colleges in New York state.

There is also a political reason why large hydro schemes continue to go ahead. Dambuilders and local governments have almost unlimited power to plan and approve projects, whereas environmental officials have almost no power to stop them.

The problems begin with the planning for China’s rivers, which are divided into fiefs by the state-owned power companies that build dams in much the same way as the Corps of Engineers and the Bureau of Reclamation divided up American rivers in the early 20th century. Though the staff of the water-resources ministry in Beijing know a lot about the environment, they have no say. “Big hydro projects are designed and approved by everybody but the ministry of water resources,” says Mr Magee.

Local governments, meanwhile, view dams as enticing economic development projects. The dambuilders, which have special privileges to borrow, put up the financing. The extra electricity supports industrial expansion and brings in revenues. Local officials are promoted for meeting economic performance targets and some collude for personal gain with the dambuilders. Because of the decentralised nature of the industry, local officials try to include dams in their plans. Once they have done so, they can expect the environmental impact assessments that follow to be a formality—if only because the consultants who undertake them are paid by the hydropower companies.

Environmental officials who have not been financially captured by the dambuilding economy find themselves as scarce as some of the fish they are charged to protect. Environmental activists, meanwhile, can request access to public records and demand public hearings, both required by law. But they say that these avenues are barred when they are most needed—on controversial projects that face vocal opposition. For example, the authorities have rejected requests for public records on Xiaonanhai and they have not granted a public hearing.

If environmental regulators and activists want any hope of halting a project, they must go outside normal bureaucratic channels to lobby powerful Politburo members or the national media. Although that may not always work, it did in 2004, when Wen Jiabao, then prime minister, halted construction of a cascade of 13 dams on the Nu River in south-west China in order to protect the environment. Even then some work on the projects still proceeded. Meanwhile, smaller schemes race ahead unchecked. Promoted by dambuilders and local governments, nearly 100 smaller hydroelectric projects in the Nu river region went forward without needing permission from higher up. Some began before they had even received the final approval.

China’s new leaders in recent months have signalled that they want yet more dams, approving several ambitious new projects, including what would be the highest dam in the world, on the Dadu river. After Mr Wen stepped down from his posts in the party and the government, the dams on the Nu river that he blocked received the go-ahead again.

Chinese leaders have for millennia sought to tame the country’s great rivers, which have sustained and destroyed countless lives with cycles of abundance, famine and floods. Indeed their legitimacy as rulers has long been linked to their ability to do so. The Communist Party has built thousands of large dams since 1949. China is also the world’s leading builder of big dams abroad; International Rivers, a pressure group, says that Chinese companies and financiers are involved in about 300 dam projects in 66 countries.

The politics of dam-building: Opening the floodgates, Economist, Sept. 21, 2013, at 47

Offshore Tax Evasion: US v. Switzerland

Fearful that other banks could suffer the same fate as Wegelin, a venerable private bank that was indicted in New York in 2012 and put out of business, the Swiss government has been seeking an agreement with America that would allow the industry to pay its way out of trouble in one go. Instead, it has had to make do with one covering banks that are not already under investigation, which excludes some of the country’s biggest institutions.

The deal is cleverly structured. Of Switzerland’s 300 banks, 285 will be able to avoid prosecution if they provide certain information about American clients and their advisers, and pay penalties of 20-50% of the clients’ undeclared account balances, depending on when the account was opened and other factors. Banks that persuade clients to make disclosures before the programme starts will get reduced fines. Banks will not have to take part but the legal risks are daunting for those that don’t, even if they hold little undeclared American money. Those with no foreign clients will have to produce independent reports proving they have nothing to hide if they want a clean bill of health.

One Swiss newspaper likened the deal to “swallowing toads”. Another called it “the start of an organised surrender”. The bankers’ association sees it as a necessary evil: the only way to end legal uncertainty, albeit at a cost that will strain some institutions. Small and medium-sized Swiss private banks are already struggling. In 2012 their average return on equity was 3%; the number of private banks fell by 13, to 148, mostly because of voluntary liquidations. KPMG, a consultancy, expects this to fall by a further 25-30% by 2016 as receding legal threats encourage the return of mergers.

Some of the prospective buyers in any future M&A wave still have to make their peace with the Americans. Excluded from the deal are 14 mostly large banks that have been under investigation for some time, including Credit Suisse and Julius Bär. They will have to settle individually, with fines expected to be steep, some perhaps comparable to the $780m paid by UBS in 2009. These banks are also under pressure from European countries that have suffered tax leakage, including Germany, whose parliament has rejected a deal that would have allowed the Swiss to make regular payments of tax withheld from clients while avoiding having to name names.

Swiss bankers gamely argue that bank secrecy remains intact, pointing out that privacy laws have not been dismantled. But banks are being bullied into providing enough information, short of actual client names, to allow the Americans to make robust “mutual legal assistance” requests that leave Swiss courts with no option but to order banks to provide clients’ personal details. The courts still have some flexibility because America has yet to ratify an amended tax treaty with Switzerland, thanks to blocking tactics by Rand Paul, a senator who argues it would violate Americans’ right to privacy. But this obstacle will eventually be cleared or circumvented.

All of which fuels speculation that Switzerland could lose its crown as the leading offshore financial centre, even though it is still well ahead of fast-growing rivals in Asia. It may find comfort in the fact that the Americans plan to use information harvested from the Swiss— including “leaver lists”, which contain data on account closures and transfers to banks abroad—to go after other jurisdictions. This is part of a “domino effect” strategy, says Jeffrey Neiman, a former federal prosecutor, aimed at forcing tax evaders “so far off the beaten path that they can’t be sure if the pirate waiting to take their money will be there when they return.”

Offshore tax evasion: Swiss finished?, Economist, Sept. 7, 2013, at 72

The Curse of Displacement

Dhinkia, in the eastern Indian state of Odisha (formerly Orissa) (India)  is a hub of protest. The women, one from every village family, are staging… a sit-in. Sisir Mohapatra, a former sarpanch or village head, makes a rousing speech. He seems respected, though his police record would suggest he is a mafia don: he says he faces 35 criminal charges, and of his 60-strong extended family in Dhinkia, 40 are also wanted by the law. They claim that the charges are all trumped up. Their real crime is to oppose the biggest single foreign-investment project India has ever attracted.

Estimated to cost $12 billion, the project, promoted by POSCO, a South Korean firm, is eventually to produce 12m tonnes of steel a year for export. It will have its own power plant, port and, 200 kilometres (125 miles) inland, its own iron-ore mine. Since an agreement on the project was signed in 2005, it has been mired in controversy—a case study in why

Environmentalists worry about air pollution, coastal erosion, the endangered olive ridley turtle and much else. Many, including the Communist Party of India (CPI), which holds the local parliamentary seat, complain that the ore will be sold too cheaply, at a royalty to the government of just 27 rupees (currently about 40 cents) a tonne. Meanwhile, residents of Dhinkia and nearby villages fear for their livelihoods.

So the project has been delayed, probed by countless committees and subjected to repeated litigation. Just this week it faced hearings in Delhi at the National Green Tribunal, an environmental court. But as so often in India, one of the biggest delays has been acquiring the land. In theory, this should be easier for POSCO than for many other investors, since most of the 1,600 hectares (4,000 acres) it needs are designated as forest (even the scrubby sand dunes) and thus government land.

The residents of Dhinkia, however, claim legal rights as people whose families have been making their living from the forest for at least 75 years (which the government disputes). Some, indeed, make a very good living. Devendra Swain, like many villages, maintains betel vines, from which he earns 50,000 rupees a month selling the leaves. Mr Swain also grows rice, mangoes, cashew nuts, bananas and papaya. He claims not to be against industrialisation—except in his fecund backyard.

The villagers’ resistance to the project has seen ugly violence. In 2010 police fired rubber bullets to clear one dharna. In February there was another clash as police entered a neighbouring village, Govindpur, and started dismantling betel vines. In March three people died in a bomb explosion—victims of pro-project goons, say the villagers. The police allege the victims were blown up while making bombs themselves. Involvement in this incident is one of 61 charges facing the CPI’s Abhay Sahoo, the protesters’ leader, who is now in jail for the third time and trying to secure his release on bail. Fearing arrest or an attack by thugs, the 1,400 others in Dhinkia facing criminal charges dare not leave the village.

Of India’s million mutinies, many involve the emotive issue of land. That is one impulse behind a new law covering land acquisition and the resettlement and rehabilitation of those affected. This week it passed through Parliament’s upper house. Few disagree that some new legislation is needed to replace a much-abused British-era law from 1894.

The new bill, however, has drawn fierce criticism. Business is predictably aghast at what it sees as a populist law timed ahead of looming elections.. Some businessmen think it is simply “unworkable”.

Even some who support the principles behind the bill think their implementation has been botched. N.C. Saxena, a former senior civil servant who sits on a National Advisory Council [claims]  that it does not even cover government land. In other words, it would have no relevance for projects such as POSCO’s. Even if it did, legislation would not solve the fundamental difficulty, a total distrust of government.

“After 66 years of independence,” says Mr Mohapatra, the former sarpanch, “no one has ever been compensated properly. Whoever gave his land and his home later became a beggar.” He points to what he says is the unhappy lot of those displaced by two other projects in Odisha. One is the Hirakud dam across the Mahanadi river. It is India’s longest dam, for which Jawaharlal Nehru poured the first concrete in 1948. As many as 180,000 people had to move. Another is just down the road from Dhinkia, where a big oil refinery has been under construction since 2000. An empty field outside Dhinkia has drains and electricity, put in when plots were offered as compensation to those forced to shift. People found it so unappealing that the field is still empty. Moreover, 52 families who supported the POSCO project, many forced out of Govindpur in 2008, are still in reportedly miserable conditions in a transit camp. Add in heavy-handed police, and those agitating against the project have plenty of ammunition. Even the best-drafted law would find the going tough

This Land is Whose Land? A new law may do little to break India’s land-acquisition logjam, Economist, Sept 7, 2013, at 44

Biofuels from Agricultural Waste

Ethanol, for instance, is an alcoholic biofuel easily distilled from sugary or starchy plants. It has been used to power cars since Ford’s Model T and, blended into conventional petrol, constitutes about 10% of the fuel burned by America’s vehicles today. Biodiesel made from vegetable fats is similarly mixed (at a lower proportion of 5%) into conventional diesel in Europe. But these “first generation” biofuels have drawbacks. They are made from plants rich in sugar, starch or oil that might otherwise be eaten by people or livestock. Ethanol production already consumes 40% of America’s maize (corn) harvest and a single new ethanol plant in Hull is about to become Britain’s largest buyer of wheat, using 1.1m tonnes a year. Ethanol and biodiesel also have limitations as vehicle fuels, performing poorly in cold weather and capable of damaging unmodified engines.

In an effort to overcome these limitations, dozens of start-up companies emerged over the past decade with the aim of developing second-generation biofuels. They hoped to avoid the “food versus fuel” debate by making fuel from biomass feedstocks with no nutritional value, such as agricultural waste or fast-growing trees and grasses grown on otherwise unproductive land. Other firms planned to make “drop in” biofuels that could replace conventional fossil fuels directly, rather than having to be blended in…..

Even if second-generation processes can be economically scaled up, however, that might in turn highlight a further problem. To make a significant dent in the 2,500m litres of conventional oil that American refineries churn through each day, biofuel factories would have to be able to get hold of a staggering quantity of feedstock. Mr Ghisolfi of Beta Renewables points out that a factory with an annual output of 140m litres needs 350,000 tonnes of biomass a year to operate. “There are only certain areas, in Brazil and some parts of the US and Asia, where you can locate this much biomass within a close radius,” says Mr Ghisolfi. “I am sceptical of scaling to ten times that size, because getting 3.5m tonnes of biomass to a single collection point is going to be a very big undertaking.”

Billions of tonnes of agricultural waste are produced worldwide each year, but such material is thinly spread, making it expensive to collect and transport. Moreover, farms use such waste to condition the soil, feed animals or burn for power. Diverting existing sources of wood to make biofuels will annoy builders and paper-makers, and planting fuel crops on undeveloped land is hardly without controversy: one man’s wasteland is another’s pristine ecosystem. Dozens of environmental groups have protested against the EPA’s recent decision to permit plantations of fast-growing giant reed for biofuels, calling it a noxious and highly invasive weed. Just as the food-versus-fuel argument has proved controversial for today’s biofuels, flora-versus-fuel could be an equally tough struggle for tomorrow’s.

Biofuels: What happened to biofuels?, Economist Technology Quarterly, Sept. 7, 2013

Ports for Sale – China Buys

The old port of Colombo, Sri Lanka took centuries to reach its present capacity. China will have almost doubled it in under 30 months. Operated at full capacity, it would make Colombo one of the world’s 20 biggest container ports.  In the eyes of some Indians, Colombo is part of a “string of pearls”—an American-coined phrase that suggests the deliberate construction of a network of Chinese built, owned or influenced ports that could threaten India. These include a facility in Gwadar and a port in Karachi (both in Pakistan); a container facility in Chittagong (Bangladesh); and ports in Myanmar.

Is this string theory convincing? Even if the policy exists, it might not work. Were China able to somehow turn ports into naval bases, it might struggle to keep control of a series of Gibraltars so far from home. And host countries have mood swings. Since Myanmar opened up in 2012, China’s influence there has decreased. China love-bombed the Seychelles and Mauritius with presidential visits in 2007 and 2009 respectively. But since then India has successfully buttered up these island states and reasserted its role in the Maldives. Besides, China’s main motive may be commerce. C. Raja Mohan, the author of “Samudra Manthan”, a book on Sino-Indian rivalry in the Indian and Pacific Oceans, argues that China’s port bases partly reflect a desire to get easier sea access for trade to and from west China.

State-owned firms are in charge of most of China’s maritime activity, and their motives are at least partly commercial…China’s maritime interests already reflect its status as the world’s largest exporter and second-largest importer. Many of the world’s biggest container ports are in China. It controls a fifth of the world’s container fleet mainly through giant state-owned lines. By weight, 41% of ships built in 2012 were made in China.

The next step is to own and run ports. Hutchison Whampoa, a buccaneering, privately owned Hong Kong conglomerate, has long had a global network of ports. The pioneer among mainland firms was Cosco Pacific, an affiliate of state-owned Cosco, China’s biggest shipping line. In 2003-07 it took minority stakes in terminals in Antwerp, Suez and Singapore. In 2009 it took charge of half of Piraeus Port in Greece. It has invested about $1 billion abroad. China Merchants Holdings International, a newcomer, has spent double that. It invested in Nigeria, as well as Colombo, in 2010. Last year it took stakes in ports in Togo and Djibouti. In January it bought 49% of Terminal Link, a global portfolio of terminals run by CMA CGM, an indebted French container line.

The pace is quickening. In March another firm, China Shipping Terminal, bought a stake in a terminal in Zeebrugge in Belgium. On May 30th China Merchants struck a multi-billion deal to create a port in Tanzania. Even the more cautious Cosco Pacific is thinking about deals in South-East Asia and investing more in Greece.

China Shipping Terminal has small stakes in facilities in Seattle and Los Angeles, according to Drewry, a consultancy. But the experience of Dubai’s DP World suggests that America would not roll out a red carpet. In 2006 DP abandoned plans to buy American ports after a political backlash. Some Americans worry that China wants to take over the Panama canal.

Chinese firms may also subscribe to a supersized vision of the industry in which an elite group of ports caters to a new generation of mega-vessels. These will be more fuel-efficient and link Asia and Europe (they can just squeeze through the Suez Canal). After a decade of hype these behemoths are now afloat. In May CMA CGM received the Jules Verne, the world’s largest container ship. It can handle 16,000 containers and has a 16-metre (52-feet) draft. In July Maersk, a Danish line, will launch an 18,000-container monster. It has ordered 20 from Daewoo, in Korea. China Shipping Container Lines, the country’s second biggest firm, has just ordered five 18,400-container vessels from Hyundai.  Some ports may struggle to cater to these ships. Some of China’s new terminals may try to exploit that. Cosco Pacific is building a dock at Piraeus that can handle mega-ships. Colombo is deep enough for ships with an 18-metre draft. Its cranes can cope with ships 24 containers wide. Nothing in India compares with that…

After political tensions in the South China Sea, China Merchants has withdrawn from a port project in Vietnam. But Cosco’s Piraeus investment, once controversial, is a success, with profits rising and the firm winning plaudits for investing and creating jobs for Greeks.

China’s port strategy is mainly motivated by commercial impulses. It is natural that a country of its clout has a global shipping and ports industry. But it could become a flashpoint for diplomatic tensions. That is the pessimistic view. The optimistic one is that the more it invests, the more incentive China has to rub along better with its trading partners. This, not deliberate expansionism, is what the locals are betting on in Colombo.

China’s foreign ports: The new masters and commanders, Economist,  June 8, 2013

The Global Regulation of Mercury

The Minamata Convention on Mercury – a global, legally binding treaty which opened for signature today – was agreed to by governments in January (2013) and formally adopted as international law…Countries began the recognition for this new treaty at a special ceremonial opening of the Diplomatic Conference in Minamata, the city where many local people were poisoned in the mid-20th Century after eating mercury-contaminated seafood from Minamata Bay. As a consequence, the neurological syndrome caused by severe mercury poisoning has come to be known as Minamata Disease.

The Minamata Convention provides for controls and reductions across a range of products, processes and industries where mercury is used, released or emitted. The treaty also addresses the direct mining of mercury, export and import of the metal, and safe storage of waste mercury.

“Mercury has some severe effects, both on human health and on the environment. UNEP has been proud to facilitate and support the treaty negotiation over the past four years because almost everyone in the world – be they small-scale gold miners, expectant mothers or waste-handlers in developing countries – will benefit from its provisions,” said Achim Steiner, Executive Director of the United Nations Environment Programme (UNEP) and Under-Secretary General of the United Nations….Other potential impacts include impaired thyroid and liver function, irritability, tremors, disturbances to vision, memory loss and cardiovascular problems.

“With the signing of the Minamata Convention on Mercury we will be going a long way in protecting the world forever from the devastating health consequences from mercury,” says WHO Director-General Dr Margaret Chan. “Mercury is one of the top ten chemicals of major public health concern and is a substance which disperses into and remains in ecosystems for generations, causing severe ill health and intellectual impairment to exposed populations.”

Under the provisions of the Minamata Convention, Governments have agreed on a range of mercury-containing products whose production, import and export will be banned by 2020. These items have non-mercury alternatives that will be further phased in as these are phased out. They include:

•Batteries, except for ‘button cell’ batteries used in implantable medical devices

•Switches and relays

•Some compact fluorescent lamps

•Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps

•Soaps and cosmetics (mercury is used in skin-whitening products)

•Some mercury-containing medical items such as thermometers and blood pressure devices.

Mercury from small-scale gold-mining and from coal-fired power stations represent the biggest source of mercury pollution worldwide. Miners inhale mercury during smelting, and mercury run-off into rivers and streams contaminates fish, the food chain and people downstream.  Under the Minamata Convention, Governments have agreed that countries will draw up strategies to reduce the amount of mercury used by small-scale miners and that national plans will be drawn up within three years of the treaty entering into force to reduce – and if possible eliminate – mercury.

The Convention will also control mercury emission and releases from large-scale industrial plants such as coal-fired power stations, industrial boilers, waste incinerators and cement clinkers facilities.

New global treaty cuts mercury emissions and releases, sets up controls on products, mines and industrial plant, UNEP Press Release, Oct 10, 2013

Yasuni National Park Oil Drilling: Ecuador, Amazon

Ecuador’s parliament on Thursday (Oct. 3, 2012) authorized drilling of the nation’s largest oil fields in part of the Amazon rainforest after the failure of President Rafael Correa’s plan to have rich nations pay to avoid its exploitation.  The socialist leader launched the initiative in 2007 to protect the Yasuni jungle area, which boasts some of the planet’s most diverse wildlife, but scrapped it after attracting only a small fraction of the $3.6 billion sought.

The government-dominated National Assembly authorized drilling in blocks 43 and 31, but attached conditions to minimize the impact on both the environment and local tribes. Though Correa says the estimated $22 billion earnings potential will be used to combat poverty in the South American nation, there have been protests from indigenous groups and green campaigners.  About 680,000 people have signed a petition calling for a referendum.  “We want them to respect our territory,” Alicia Cauilla, a representative of the Waorani people who live around the Yasuni area, said in an appeal to the assembly. “Let us live how we want.”  Correa has played down the potential impact of oil drilling in the area, saying it would affect only 0.01 percent of the entire Yasuni basin…

Oil output in OPEC’s smallest member has stagnated since 2010 when the government asked oil investors to sign less-profitable service contracts or leave the country. Since then, oil companies have not invested in exploration.  State oil company Petroamazonas will be in charge of extraction in blocks 43 and 31, which are estimated to hold 800 million barrels of crude and projected to yield 225,000 barrels per day eventually. Ecuador currently produces 540,000 bpd

Excerpt, By Alexandra Valencia, Ecuador congress approves Yasuni basin oil drilling in Amazon, Reuters, Oct. 4, 2013

 

Texas Accepts Vermont Nuclear Waste

The chairman of the Texas Low-Level Radioactive Waste Disposal Compact Commission says the organization is going to honor a 20-year-old agreement that guarantees space for radioactive waste from Vermont in its Texas disposal facility, a deal that Gov. Peter Shumlin said is critical now that Vermont Yankee nuclear plant is shutting down.  During a Wednesday meeting (October 3, 2012) at the Vermont Statehouse, Commission Chairman Robert Wilson said the commission recognizes Vermont is a partner in the compact.  “This compact is going to be more important than ever,” Gov. Peter Shumlin told the commission. “My concern is we remember Vermont and Texas were there first.”

In 1993 Vermont and Texas formed the compact. Under the agreement, Texas would host a low-level radioactive waste facility and Vermont would have a place to send some of the waste from its nuclear power plant. Most of the materials after the plant is decommissioned would go to the Texas facility, except for the fuel rods and higher radioactive materials, said Public Service Department Commissioner Chris Recchia.  Vermont officials are looking for assurance there will be space in Texas for the low-level radioactive waste from the Vermont Yankee nuclear power plant, which is due to be shut down next year.

Texas commission will honor radioactive waste deal with Vt. ahead of nuke plant shutdown, THE ASSOCIATED PRESS, Oct. 3, 2013

Breaking Up Toxic Ships – Pakistan

WWF-Pakistan has warned Pakistan against the import of a European ship, which is suspected to have burnt containers and cargo that may contain a substantial amount of hazardous materials such as heavy metals or PCBs.  Moreover, the vessel is suspected to carry dangerous substances in fire fighting water as well as a significant amount of fuels and oil. This container ship caught fire in July (2013) and was later towed to Port-Louis in Mauritius. (MV “HANSA BRANDENBURG”,).MV Hansa Brandenburg is a 2002-built Liberian-flagged container ship operated by the German shipping company Leonhardt & Blumberg.

WWF-Pakistan considers that this ship if imported to Pakistan may cause severe marine pollution in the Gadani area, which is already stressed because of a number of economic and industrial activities. Unplanned construction such as Fish harbour has already had serious environmental impact in the area, which is also designated as energy corridor and construction of power plants may have impact on the marine environment of the area unless proper mitigative measures are taken. According to WWF-Pakistan Technical Adviser (Marine Fisheries) Muhammad Moazzam Khan, the area of the Gadani is a part of Sonmiani, which is considered to have a rich marine biodiversity especially around Churna and Kaio islands. Dumping of toxic waste might seriously harm the fragile ecosystem of the area.

Agencies asked not to import vessel loaded with toxic chemicals, Daily Times (Pakistan) October 4, 2013

 

Open, Free, and American: the Internet

[T]he odds are almost zero that the NSA hasn’t tried to influence Intel’s chips.” In 2012 a paper from two British researchers described an apparent backdoor burned into a chip designed by an American firm called Actel and manufactured in China. The chip is widely used in military and industrial applications. Actel says the feature is innocent: a tool to help its engineers fix hardware bugs…

Now America’s tech giants stand accused not just of mishandling their customers’ data, but, in effect, of knowingly selling them flawed software. Microsoft has always denied installing backdoors. It says it has “significant concerns” about the latest leaks and will be “pressing the government for an explanation”. The damage goes well beyond individual companies’ brands. American technology executives often use their economic clout to shape global standards in ways that suit their companies. Now that will be harder. American input to international cryptographic standards, for example, will have to overcome sceptical scrutiny: are these suggestions honest, or do they have a hidden agenda? More broadly still, America has spent years battling countries such as Russia, China and Iran which want to wrest control of the internet from the mainly American engineers and companies who run it now, and give a greater role to governments. America has fought them off, claiming that its influence keeps the internet open and free. Now a balkanisation of the web seems more likely. Jason Healey of the Atlantic Council, a think-tank, says that the denizens of Washington, DC, have lost sight of the fact that the true source of American cyber-power is neither the NSA and its code-breaking prowess nor the offensive capabilities that produced the Stuxnet virus, which hit centrifuges at an Iranian nuclear plant; it is the hugely successful firms which dominate cyberspace and help disseminate American culture and values worldwide. By tarnishing the reputations of these firms, America’s national-security apparatus has scored an own goal.

NSA and Cryptography: Cracked Credibility, Economist, Sept. 14, 2013, at 65

Undersea Drones: DARPA Hydra

DAPRA’s Hydra Program from Federal Business Opportunities

The Hydra program will develop and demonstrate an unmanned undersea system, providing a novel delivery mechanism for insertion of unmanned air and underwater vehicles into operational environments. Situated underwater, Hydra will use modular payloads within a standardized enclosure to enable scalable, cost-effective deployment of rapid response assets and will integrate existing and emerging technologies in new ways to create an alternate means of delivering a variety of payloads close to the point of use. The Hydra program seeks to develop and demonstrate initial examples of air and undersea payloads while leaving open the potential for accommodating additional payloads in the future.

The rising number of ungoverned states, piracy, and proliferation of sophisticated defenses severely stretches current resources and impacts the nation’s ability to conduct special operations and contingency missions. The Hydra program represents a cost effective way to add undersea capacity that can be tailored to support each mission. Hydra’s communications suite could allow synergistic function with manned platforms, thus increasing their effectiveness, or could allow remote control from over-the-horizon. Technologies are intended to be adaptable to multiple delivery options, including airborne, surface, and subsurface. The Hydra program will enable other new capabilities not currently performed from undersea.

Hydra: Solicitation Number: DARPA-BAA-13-39, Agency: Other Defense Agencies, Office: Defense Advanced Research Projects Agency

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Water Conflicts: Tajikistan versus Uzbekistan

Rogun is both a town [in Tajikistan], some 100km (60 miles) from the capital, Dushanbe, and a long-stalled dream: to build the world’s tallest hydropower dam.  Dirt-poor but water-rich, Tajikistan hopes to sell electricity to Afghanistan and South Asia. In theory, the dam, 335 metres high, could save the country from poverty and isolation, doubling Tajikistan’s power-generating capacity. But the project seems quixotic, if not outright delusional: it would cost up to $6 billion (GDP in 2012 was about $7.6 billion); Uzbekistan, a big neighbour, is fiercely opposed; and the investment climate is clouded by corruption.

Plans for the dam were drawn up long before the collapse of the Soviet Union, but were revived in the early 2000s as Tajikistan recovered from civil war. Each winter energy shortages shave an estimated 3% off GDP. Rogun will solve all problems, state propaganda and many Tajiks say.

But international donors struggle to trust Mr Rakhmon [Tajikistan’s president]. Two-fifths of Tajikistan’s electricity is diverted to a state-run aluminium smelter, TALCO. Each year, TALCO produces hundreds of millions of dollars in profits that are routed to a shell company in the British Virgin Islands. Mr Rakhmon personally oversees TALCO. Why does he not use that cash for his dam?

Central Asia’s energy and water resources were once run from Moscow. In summer upstream republics such as Tajikistan and neighbouring Kyrgyzstan released water from their dams to generate electricity and help irrigate downstream republics, such as Uzbekistan. So Tajikistan already boasts the world’s highest dam, the 300-metre Nurek, built in the 1970s. In winter Uzbekistan delivered gas. That deal broke down after independence. Mr Rakhmon and Uzbekistan’s Islam Karimov do not get along. It is the custom among autocrats in these parts.

Uzbekistan thinks Rogun would parch its cotton crop and give Tajikistan political leverage. In protest, Uzbekistan has halted gas sales to Tajikistan and blocked shipments of construction materials for Rogun. Mr Karimov has warned the dispute could lead to war.

Into this morass has waded the World Bank, sponsoring two three-year assessments of the project on condition that construction is suspended. When completed, probably later this year, the studies are expected to judge the project itself feasible, but to present nine other options—of differing heights and turbine capacities—that may offer better value.  But questioning the dam’s height does not go down well with Mr Rakhmon. In 2004 Russia offered to get RusAL, an aluminium giant, to build Rogun. But after RusAL said the dam should be 50 metres lower (and perhaps tried to muscle into TALCO), the president told them to leave…

Tajikistan cannot build Rogun alone. A brain drain has left it woefully ill-equipped to handle such a project. One of Rogun’s chief engineers, asked to confirm a few statistics, consults Wikipedia. The only realistic patrons for the project are outsiders who might be able to stomach the corruption, such as Russia or China. But neither wants to anger Uzbekistan, Central Asia’s most populous country, with its largest army.

Hydropower in Tajikistan: Folie de grandeur, Economist, July 27, 2013, at 36

GPS Jammers and Spoofers

GPS jammers are cheap: a driver can buy a dashboard model for about £50 ($78). They are a growing menace. The bubbles of electromagnetic noise they create interfere with legitimate GPS users. They can disrupt civil aviation and kill mobile-phone signals, too. In America their sale and use is banned. In Britain they are illegal for civilians to use deliberately, but not, yet, to buy: Ofcom, a regulator, is mulling a ban. In recent years Australian officials have destroyed hundreds of jammers.

In the right (or wrong) hands, they are potential weapons. Britain’s armed services test the devices in the Brecon Beacons in Wales, a military training area. North Korea uses big lorry-mounted versions to block GPS signals in South Korea. Starting with a four-day burst in August 2010, the attacks, which come from three positions inside the North, have lengthened. In early 2012 they ran for 16 days, causing 1,016 aircraft and 254 ships to report disruption…Criminals or terrorists could knock out GPS for an entire city or shipping lane anywhere in a flash. Even without North Korean-sized contraptions, the jamming can be substantial. Suitcase-sized devices on sale on the internet claim a range of 300-1,000 metres.

Malfunctioning satellites and natural interference from solar activity have hit GPS signals and sent ships off course. David Last, a navigation expert, says an accidental power cut, perhaps caused by a jammer taken on board a car ferry, could cause a shipwreck. Generating a false signal—spoofing—is another threat. In December 2011 Iran said it had spoofed an American drone before capturing it (most experts dismiss the claim). So far effective spoofing seems confined to laboratories, but Mr Last says some governments are already taking countermeasures.

One solution is a different means of navigation. In April South Korea announced plans for a network of 43 eLoran (enhanced long-range navigation) ground-based radio towers, based on technology first used in the second world war. It uses a far stronger signal than GPS, and should give pilots and ships’ captains a safer alternative by 2016. With Chinese and Russian help, South Korea hopes to expand coverage across the region.  Britain’s General Lighthouse Authorities (GLA) are following suit with seven new eLoran stations. Martin Bransby, an engineer with the GLA, says this will replace visual navigation as the main backup for GPS. It will be working by mid-2014, and cost less than £700,000; receivers cost £2,000 per vessel. By 2019 coverage should reach all big British ports.

America’s military-research agency DARPA has an experimental “single-chip timing and inertial measurement unit” (TIMU). When finished, according to the project’s boss, Andrei Shkel, it will use tiny gyroscopes and accelerometers to track its position without using satellites or radio towers. America’s White Sands missile range in New Mexico is installing a “Non-GPS Based Positioning System”, using ground-based antennae to provide centimetre-level positioning over 2,500 square miles. In May the Canadian government said it would splash out on anti-jam upgrades for military aircraft.

A new version of the US air force’s bunker-busting bomb, designed in part to destroy Iranian nuclear facilities, includes technology to prevent defenders from blocking its satellite-based guidance systems. MBDA, a European missile firm, is working on similar lines.

But for many users, GPS and other space-based navigation systems—which include Russia’s GLONASS, China’s partly complete Beidou, and an as-yet unfinished project by the European Union—remain indispensable and ubiquitous. They are also vulnerable. For those whose lives or livelihoods depend on knowing where they are, more resilient substitutes cannot come fast enough.

GPS jamming: Out of sight, Economist, July 27, 2013, at 51

Australia the Big Brother of Timor-Leste

The future finances of the young, poor nation of Timor-Leste, formerly East Timor, have become embroiled in allegations of skulduggery by Australia nearly a decade ago. Timor-Leste has taken its big, wealthy neighbour to arbitration over a 2006 agreement on the exploitation of oil and gas in the sea between them. Speaking on a visit to Singapore this week, Timor-Leste’s oil minister, Alfredo Pires, claimed to have “irrefutable proof” that, during negotiations in 2004, Australia’s secret services had illegally obtained information. His lawyer claims the Timorese prime minister’s offices were bugged. Whatever the truth, leaders in Timor-Leste feel Australia took advantage of them. In 2004 the tiny nation was still recovering from the devastation that followed its vote for independence from Indonesia in a UN-organised referendum in 1999. The Indonesian army and supporting militias had sought revenge in a rampage of killing and destruction.

Ever since, Timor-Leste’s hopes of prosperity have rested on offshore oil and gas reserves. But most are located in the Timor Gap, under waters also claimed by Australia. Cash-strapped and desperate for revenue to start flowing, leaders saw no option but to agree to treaties with Australia that many in Timor-Leste see as unfair. In all, three linked treaties covering the Timor Gap were signed, but the maritime boundaries were never agreed upon.

The first, the Timor Sea Treaty, signed in 2002, gives Timor-Leste 90% of the revenue from a Joint Petroleum Development Area (JPDA). This meant that revenues could start flowing.  The JPDA was a compromise between Australia’s insistence the maritime boundary be the deepest point as agreed with Indonesia in 1972, and Timor-Leste’s hope to use the “median line”, halfway across the sea. Only 20% of one of the largest fields, Greater Sunrise, is within the JPDA.

Then another treaty[Treaty between Australia and Timor-Leste on Certain Maritime Arrangements in the Timor Sea (CMATS)] was signed in 2006, after two years of tortuous negotiations, during which the alleged spying took place. This one gives each country an equal share of revenue from Greater Sunrise on condition that they waive their rights to assert sovereignty, or pursue any legal claim over the border, for 50 years.  It is this treaty that rankles with the Timorese. If the median line were the border, Greater Sunrise and many other fields would fall in Timorese waters. Mr Pires says that the uncertainty about the maritime boundary makes it hard to plan for the long term or to attract investment. Despite its growing oil wealth (its petroleum fund already contains $13 billion) Timor-Leste remains one of Asia’s poorest countries. It is pinning its hopes on the Tasi Mane project, an ambitious plan to build a gas plant to process gas from Greater Sunrise, and a refinery and associated petrochemical industry. That is a gamble as long as the sovereignty issue is unresolved and an impasse persists over the route of a gas pipeline from Greater Sunrise. Timor-Leste wants a pipeline to Tasi Mane to bring jobs and income. Australia wants a pipeline to Darwin. The bugging allegation and arbitration proceedings seem intended to force Australia to the negotiating table. Leaders in Timor-Leste hope to break the logjam and perhaps to win a better deal.

Timor-Leste and Australia: Bugs in the pipeline, Economist, June 8, 2013, at 44

Response of Australia

 

Economic Choking: US in Somalia

For Mohamed Abdulle, sending money to his family in Somalia means a trip to a high street in Stratford, East London, home to a large expatriate community. Once there he hands over cash, a telephone number and a name, usually that of his grandmother who lives in Somalia’s capital, Mogadishu, to an agent. A few minutes later Mr Abdulle, who works as a shop assistant, gets a text message letting him know the cash has arrived on the other side. This fast and reliable system, developed during decades of war in Somalia, is used by hundreds of thousands in the global diaspora, as well as by some UN offices and aid agencies to pay staff.

Perhaps not for much longer. Barclays, a big retail bank, has served notice that it will close the accounts of some 250 money-transfer businesses. The bank said the decision followed a routine legal review. Some money remitters “don’t have the proper checks in place to spot criminal activity,” the bank says, or could “unwittingly” be financing terrorists.

Barclays was among the last British banks willing to deal with agents who cheaply transfer money to poor countries. Many European banks have become nervous about such cash transfers after the American government last year forced HSBC, another big British bank, into a $1.9 billion settlement over allegedly shoddy money-laundering controls…..

Meanwhile, a group of 100 academics and other notables [petition] written to the British government asking it to avert a humanitarian crisis in the Horn of Africa. An estimated 40% of Somalia’s population depends on money sent from abroad. A recent study showed that three-quarters of recipients need the money to buy essentials, such as food and medicine.

“This will mean children being pulled out of school, people going hungry or not getting medicines they need,” said Laura Hammond, a lecturer at the University of London. The Somali Money Services Association, another British trade body, warned that the consequences of the closure of the accounts would be “worse than the drought” that ravaged Somalia two years ago and killed tens of thousands.

So far attention has focused on Somalia, where years of conflict have destroyed the banks and left no real alternatives to cheap money transfers. But the 250 firms put on notice by Barclays also include some serving Ghana and Nigeria, as well as India and Bangladesh. More sophisticated and expensive competitors such as Western Union may now benefit. A reduction in competition in the African remittance market will drive up prices.  Africans already pay more than any other migrant group to send money home. The cost of remitting to sub-Saharan Africa, typically around 12%, is three percentage points higher than the global average…

Some observers are calling for the creation of new institutions that could replace private banks. One suggestion is a “remittance bank” hosted by the UN or a multilateral agency. Another is a code of conduct worked out by remitters, banks and regulators. “This needs to be driven by government,” says Leon Isaacs of the International Association of Money Transfer Networks. “Or the banks won’t get the comfort they want.”

African money transfers: Let them remit, Economist, July 20, 2013, at 43

See also Family Ties: Remittances and Livelihoods Support in Puntland and Somaliland Study Report (pdf)

The Rape of Europe by Internet Giants: tax avoiding, data mining

The raid by the European Commission’s antitrust gumshoes this month on Orange (formerly France Telecom), Deutsche Telekom and Telefónica of Spain seemed to come out of the blue. The companies professed a surprise verging on stupefaction. Even some Brussels insiders were caught on the hop.  Naming no names, the commission said the inquiry involved internet connectivity. The question is whether entrenched telecoms firms are abusing their strength in the market for internet traffic to deny video-streaming websites and other content providers full access to their networks to reach consumers. Besides the content providers themselves, the other potential plaintiffs are the “wholesalers” that the content providers use to ship their data across borders (and usually the Atlantic). These rely on incumbent internet-service providers (ISPs) such as Orange to take the data the last bit of the way to subscribers’ screens and mobiles.

All eyes turned to Cogent Communications, an American wholesaler which handles data for the likes of YouTube. Cogent has complained, fruitlessly, to French and German regulators that their former monopolies were asking too much to handle data, and throttling the flow to consumers when bigger fees were not forthcoming. It is appealing against the French decision.  In theory Orange and the other network providers might simply pass on to their customers the cost of all their streaming and downloading… But Europe’s market is fiercely competitive; and regulators place all sorts of constraints on how networks can charge for their services, while haranguing them to invest in new technology and new capacity to keep up with rising traffic. Though there are similar spats in America (for instance between Cogent and Verizon, a big network operator), it looks to some Europeans like another example of the rape of the old continent by America’s data-mining, tax-avoiding internet giants.

The broader issue—and the reason, perhaps, why the antitrust watchdogs chose to weigh in—is that Europe is on the brink of big regulatory change. A draft law to be published in September will subtly alter the principle of “net neutrality”, the idea that companies which own the infrastructure cannot give priority to some traffic (eg, from their own websites) over that of others.;”

Internet access: Congestion on the line, Economist, July 20, 2013

Predictive Policing

PredPol Places, a US company, has developed] one of a range of tools using better data, more finely crunched, to predict crime. They seem to promise better law-enforcement. But they also bring worries about privacy, and of justice systems run by machines not people.  Criminal offences, like infectious disease, form patterns in time and space….

Cops working with predictive systems respond to call-outs as usual, but when they are free they return to the spots which the computer suggests. Officers may talk to locals or report problems, like broken lights or unsecured properties, that could encourage crime. Within six months of introducing predictive techniques in the Foothill area of Los Angeles, in late 2011, property crimes had fallen 12% compared with the previous year; in neighbouring districts they rose 0.5%…

For now, the predictive approach works best against burglary and thefts of vehicles or their contents. These common crimes provide plenty of historical data to chew on. But adding extra types of information, such as details of road networks, can fine-tune forecasts further. Offenders like places where vulnerable targets are simple to spot, access is easy and getaways speedy, says Shane Johnson, a criminologist at University College London. Systems devised by IBM, a technology firm, watch how big local events, proximity to payday and the weather affect the frequency and location of lawbreaking. “Muggers don’t like getting wet,” says Ron Fellows, IBM’s expert.

Predicting and forestalling crime does not solve its root causes. Positioning police in hotspots discourages opportunistic wrongdoing, but may encourage other criminals to move to less likely areas. And while data-crunching may make it easier to identify high-risk offenders—about half of American states use some form of statistical analysis to decide when to parole prisoners—there is little that it can do to change their motivation.

Misuse and overuse of data can amplify biases….But mathematical models might make policing more equitable by curbing prejudice…

This sort of transparency about what goes on in predictive systems, and what their assumptions are, may also be a partial solution to worries voiced by Andrew Ferguson, a law professor in Washington, DC. Mr Ferguson fears that judges and juries could come to place too much credence in the accuracy of crime prediction tools, jeopardising justice.

The legal limits on using social media to fish out likely wrongdoers, or create files on them, are contested. Most laws governing police investigations pre-date social networking, and some forces assert that all information posted to public forums is fair game. But Jamie Bartlett of Demos, a British think-tank, says citizens and police forces need clearer guidance about how to map physical-world privacy rights onto online spaces. He thinks gathering information about how someone behaves on social sites ought to require the same clearance needed to monitor them doggedly in public places. Officers who register anonymously or pseudonymously to read content, or send web crawlers to trawl sites against their owner’s wishes, would require yet more supervision.

Identifying true villains among the oddballs and loudmouths found by social-media searches is tricky. Most police efforts are embryonic. Evgeny Morozov, an academic and technology writer, thinks the privacy-conscious have more to fear from crime detection algorithms cooked up by social networks themselves. Some of those firms already alert investigators when they suspect users of soliciting minors. Unlike the cops they employ clever coders who can process private messages and other data that police may access only with a court order.

These projects make life difficult for many criminals. But smart ones use the internet to make predictions of their own. Nearly 80% of previously arrested burglars surveyed in 2011 by Friedland, a security firm, said information drawn from social media helps thieves plan coups. Status updates and photographs generate handy lists of tempting properties with absent owners. It does not take a crystal ball to work out what comes next.

Predictive policing: Don’t even think about it, Economist,July 20, 2013, at 24

Shadow Oil Deals and Safe-Sex Transactions: Nigeria

Deals for oilfields can be as opaque as the stuff that is pumped from them. But when partners fall out and go to court, light is sometimes shed on the bargaining process—and what it exposes is not always pretty. That is certainly true in the tangled case of OPL245, a massive Nigerian offshore block with as much as 9 billion barrels of oil—enough to keep all of Africa supplied for seven years.

After years of legal tussles, in 2011 Shell, in partnership with ENI of Italy, paid a total of $1.3 billion for the block. The Nigerian government acted as a conduit for directing most of that money to the block’s original owner, a shadowy local company called Malabu Oil and Gas. Two middlemen hired by Malabu, one Nigerian, one Azerbaijani, then sued the firm separately in London—in the High Court and in an arbitration tribunal, respectively—claiming unpaid fees for brokering the deal.

The resulting testimony and filings make fascinating reading for anyone interested in the uses and abuses of anonymous shell companies, the dilemmas that oil firms face when operating in ill-governed countries and the tactics they feel compelled to employ to obfuscate their dealings with corrupt bigwigs. They also demonstrate the importance of the efforts the G8 countries will pledge to make, at their summit next week, to put a stop to hidden company ownership and to make energy and mining companies disclose more about the payments they make to win concessions. On June 12th the European Parliament voted to make EU-based resources companies disclose all payments of at least €100,000 ($130,000) on any project.

The saga of block OPL245 began in 1998 when Nigeria’s then petroleum minister, Dan Etete, awarded it to Malabu, which had been established just days before and had no employees or assets. The price was a “signature bonus” of $20m (of which Malabu only ever paid $2m).

The firm intended to bring in Shell as a 40% partner, but in 1999 a new government took power and two years later it cried foul and cancelled the deal. The block was put out to bid and Shell won the right to operate it, in a production-sharing contract with the national petroleum company, subject to payment of an enlarged signature bonus of $210m. Shell did not immediately pay this, for reasons it declines to explain, but began spending heavily on exploration in the block.

Malabu then sued the government. After much legal wrangling, they reached a deal in 2006 that reinstated the firm as the block’s owner. This caught Shell unawares, even though it had conducted extensive due diligence and had a keen understanding of the Nigerian operating climate thanks to its long and often bumpy history in the country. It responded by launching various legal actions, including taking the government to the World Bank’s International Centre for the Settlement of Investment Disputes.

Malabu ploughed on, hiring Ednan Agaev, a former Soviet diplomat, to find other investors. Rosneft of Russia and Total of France, among others, showed interest but were put off by Malabu’s disputes with Shell and the government. Things moved forward again when Emeka Obi, a Nigerian subcontracted by Mr Agaev, brought in ENI (which already owned a nearby oil block). After further toing and froing—and no end of meetings in swanky European hotels—ENI and Shell agreed in 2011 to pay $1.3 billion for the block. Malabu gave up its rights to OPL245 and Shell dropped its legal actions (see timeline).

The deal was apparently split into two transactions. Shell and ENI paid $1.3 billion to the Nigerian government. Then, once Malabu had signed away its rights to the block, the government clipped off its $210m unpaid signature bonus and transferred just under $1.1 billion to Malabu.  Tom Mayne of Global Witness, an NGO, has followed the case closely; he believes things were structured this way so that Shell and ENI could obscure their deal with Malabu by inserting a layer between them. Mr Agaev, Malabu’s former fixer, lends weight to this interpretation. It was, he says, structured to be a “safe-sex transaction”, with the government acting as a “condom” between the buyers and seller.

Oil companies in emerging markets: Safe sex in Nigeria, Economist, June 15, 2013, at 63

Price for Clean Drinking Water – Death

A second Sri Lankan protester died from wounds suffered when troops fired on villagers demonstrating against contaminated water supplies, police said as tensions remained high in the area.  Heavily armed police and Special Task Force commandos were still in the the village of Weliweriya following Thursday’s [Aug. 1, 2013] shooting and locals reported people were fearful of leaving their houses.  Criticism of the army’s use of force has mounted since the shootings.  The independent Lawyers Collective condemned the crackdown against the peaceful protest by villagers who were demanding clean drinking water for thousands of residents of Weliweriya.  One man died from the shooting while another man who was injured died overnight in hospital, police said, raising the death toll to two.  Dozens more protesters were wounded when police opened fire on hundreds of demonstrators. Local television footage showed troops with automatic weapons, some clad in body armour, firing into crowds.

Locals in Weliweriya, 20 kilometres (12 miles) northeast of Colombo, were protesting against runoff from a rubber glove-making plant that they say has polluted their groundwater supply…Dipped Products Ltd, a publicly quoted company that maintains the manufacturing plant, said Friday it was confident the water issue was unrelated to their operations but were cooperating with authorities “for an early settlement of the matter”.

Excerpt, Second protester dies in Sri Lanka water dispute, Agence France Presse, Aug. 4, 2013

Shipbreaking Business or Europe Dumps Hazardous Waste in South Asia

Hundreds of European vessels are scrapped under hazardous conditions in South Asia every year. European parliamentarians have approved a new regulation to tackle the problem – but critics say it will have very limited impact…“With this, we will have a safer disposal of ships. About 90 percent of the European vessels are scrapped illegally and the Basel Convention has failed to do something about this,” said Swedish Green MEP Carl Schlyter, who negotiated the agreement with the Council and guided the legislation through the European Parliament. “Last year one European ship was sent to a substandard beaching yard in South Asia every day.”

European Union-registered ships will now have to be recycled at EU-approved facilities that meet specific safety and environmental requirements and are certified and regularly inspected. The European Commission would be obliged to act if NGOs report irregularities.  Both EU ships and non-EU ships would also have to carry an inventory of hazardous materials when calling at ports in the EU. The regulation is likely to enter into force in the beginning of 2014.

Patrizia Heidegger from Shipbreaking Platform, a global coalition of organisations working for safe and sustainable ship recycling, is not pleased with the outcome…She says that the regulation will not have a large impact since ship owners can easily flag out and circumvent the regulation if they don’t want to comply. The coalition wants the regulation to apply to all ships calling at European ports, instead of only the EU-flagged vessels.

Schlyter pushed for an EU fund to subsidise safe recycling of the ships. The fund would have been financed by fees on ships docked in EU ports, but the parliament rejected this part of the proposal.  “Without the ship recycling fund the new regulation won’t be effective. A ship recycling fund would put obligations on the ship owners beyond the flag,” Heidegger said.  “The fund was supported by all the political groups, but then the parliament voted it down after strong lobbying from ship owners and EU ports. The ports claimed that the arrangement would result in over 100 percent increase in fees, which is not true,” Schlyter told IPS.  Schlyter says that with a fund in place it would not pay to flag out. He says that the commission might propose creation of a fund later if the new regulation proves insufficient….

European ship owners dumped 365 toxic ships on South Asian beaches last year, according to the Shipbreaking Platform.  Of the top 10 European “global dumpers” in 2012, Greek ship owners were number one, dumping 167 ships on Asian beaches. German ship owners represented the second largest group of toxic ship dumpers with 48 ships, followed by ship owners from the UK with 30 ships, and Norway with 23 ships scrapped on beaches in South Asia.  According to the coalition most of the end-of-life ships sent by European ship owners did not fly an EU flag but flags from Panama, Liberia, the Bahamas or St Kitts-and-Nevis.  Bangladesh tops the list of countries having the greatest number of ships scrapped every year, with India and Pakistan trailing far behind. Unskilled and unprotected workers manually handle poisonous chemicals and are also exposed to the risk of explosion while dismantling old vessels.

Excerpts,By  Ida Karlsson, New EU Rules ‘Fail’ Against Shipbreaking Dangers, IPS, July 17, 2013

 

Multinationals and their Stateless Income

Cross-border corporate taxation is fiendishly complex, the lobbying around it furious. Several recent academic studies show just how pervasive tax avoidance is.  The ability to shift profits to low-tax countries by locating intellectual property in them, which is then licensed to related businesses in high-tax countries, is often assumed to be the preserve of high-tech companies. Yet in “Through a Latte, Darkly”, a new study of how Starbucks has largely avoided paying tax in Britain, Edward Kleinbard of the University of Southern California shows that current tax rules make it easy for all sorts of firms to generate what he calls “stateless income”: profit subject to tax in a jurisdiction that is neither the location of the factors of production that generate the income nor where the parent firm is domiciled. In Starbucks’s case, the firm has in effect turned the process of making an expensive cup of coffee into intellectual property.

In another new paper Harry Grubert of America’s Treasury and Rosanne Altshuler of Rutgers University delve into tax returns by American multinationals in 2006. They examine all the foreign profits held abroad by these firms (because bringing the money home would incur tax). A remarkable 36.8% of these profits were recorded in countries taxing them at a rate of 0-5%, and a further 9.1% were in countries taxing at 5-10%. Given how much more aggressive their tax-avoidance strategies are believed to have become since, it seems likely that the proportion of foreign profits held by American firms in low-tax countries is now well over half. It will take more than fine words in a communiqué to change behaviour when so much is at stake,

Excerpt, The G8 summit: T time, Economist, June 22, 2013, at 72

Air Pollution: the Palm Oil Conglomerates

 

Since the mid-1980s, when Indonesia first began to clear its bountiful forests on an industrial scale in favour of lucrative palm-oil plantations, “haze” has become an almost annual occurrence in South-East Asia. The cheapest way to clear logged woodland is to burn it, producing an acrid cloud of foul white smoke that, carried by the wind, can cover hundreds, or even thousands, of square miles.

The intervening decades have seen the passage of numerous national and international regulations to stop the fires, but all, it seems, to no avail. The past two weeks have seen some of the worst smog ever, taking a severe toll not only on peoples’ lungs, throats and tempers, but also on diplomatic relations and Indonesia’s attempts to improve its environmental image. Worse still, despite the outcry, it is hard to see how matters are going to improve over the next few years.

Most of the burning, which starts every dry season, is concentrated this year in Riau province on the east coast of Sumatra. Indonesia is the world’s biggest palm-oil producer and Riau its most productive province. Sadly for Singapore and Malaysia, it lies just across the Strait of Malacca from them. From June 16th Singapore and large parts of Malaysia were smothered in smog from this year’s fires.

In Singapore the pollution was the worst ever, pummelling the previous records set in 1997, when the haze affected six countries and perhaps 70m people. Then, the Pollutants Standard Index (PSI) in Singapore, a measure of air quality, hit a panic-inducing 226, defined as “very unhealthy”. On June 19th, by contrast (the day of the satellite picture above), the PSI climbed to over 300, defined as “hazardous”, before peaking at 401 on June 21st. The government issued face masks and almost everyone took its advice to stay indoors. Malaysia declared a state of emergency in parts of its southern state of Johor when the Air Pollution Index, only slightly different from Singapore’s PSI, exceeded 500; it reached 750 on June 23rd. Kuala Lumpur, the capital, and coastal cities were also badly affected, as was Riau province itself, where hundreds were evacuated.

Fraternal relations within the Association of South-East Asian Nations (ASEAN), the regional political grouping, quickly dissolved into acrimonious finger-pointing. Agung Laksono, the minister in charge of Indonesia’s response to the crisis, said that Singaporeans were behaving “like children, in such a tizzy”. Singaporeans and Malaysians pointed out that Indonesia was the only ASEAN member not to have ratified a 2002 Agreement on Transboundary Haze Pollution. It was only on June 24th, when the damage was done, that its president, Susilo Bambang Yudhoyono, apologised to his irate neighbours.

At least three laws in Indonesia prohibit the burning and clearance of forests, and in particular Sumatra’s extensive peat wetlands. But environmental campaigners argue that the government has never seriously enforced these laws. Despite the arrest in Sumatra this week of eight farmers, supposedly caught red-handed, hardly anyone has been successfully prosecuted over the years for lighting fires. Palm oil’s economic importance to Indonesia seems to afford the industry protection. Last year exports totalled $17.9 billion, second only to coal. Some 5m people live off the industry. These are big numbers in a relatively poor country.

About half of the vast amount of land on which the fires are burning in Sumatra belongs to big palm-oil conglomerates, many of them Malaysian-owned. They have been accused of setting illegal fires in the past, in order to clear more of their concessions for palm oil. Satellite imagery clearly shows fires burning on the land of some of them, and the Indonesian government has named eight companies that it wants to investigate. Even so, it is going to be very difficult to apportion blame. One company, Singapore-based Asia Pacific Resources International Limited, acknowledges that there have been three fires on its land, but claims these had “originally started outside of its concession area”.

Another perennial problem is corruption. This year’s disaster was preceded on June 14th by the arrest of Rusli Zainal, the governor of Riau since 2003. He was charged, among other crimes, with dishing out illegal logging permits to finance a forthcoming re-election campaign. Under the country’s political decentralisation in 2001, generally considered to be good for democracy, the power to regulate land use passed from Jakarta to regional and often district-level politicians. They have often abused this authority to raise money.

Much of the area now burning in Riau is peat wetland, almost all that’s left after years of rampant deforestation. Peat, which can go down to a depth of 30m in Sumatra, is highly combustible, even many metres down. A fire doused on the surface might smoulder underground long after. It is illegal to burn peat for commercial development. But as the past few weeks have proved, the law is not enough. And, ominously for those hoping for clear skies and clean air, a lot of peat is left.

South-East Asia’s smog: Unspontaneous combustion, Economist, June 29, 2013, at 39

The Renewable Energy Bubble in Japan

The shining light that was once Japan’s renewable energy industry is beginning to dim as reality sets in and it faces competition from a rejuvenated nuclear power industry…According to a February nationwide survey by the Japan Renewable Energy Foundation, 34 of the 79 solar energy producers who responded said they had given up on at least one solar power project. Roughly 45 percent of those respondents cited difficulties in land procurement, followed by 25 percent who said they had problems joining the power grid.

One such project in Hokkaido, located near the New Chitose Airport, called for a 100-hectare solar power generation facility. The site adjacent to the Abiragawa river remains covered in weeds to this day.  “We call it an April 17 crisis,” said Hiroaki Fujii, the 43-year-old executive vice president at SB Energy Corp., a Tokyo-based company that designed the plans.  On that date this year, Hokkaido Electric Power Co. said it would only purchase a total of 400 megawatts of electricity as part of the feed-in tariff system from the so-called mega-solar power plants, each with a generation capacity of 2 megawatts or more. That amounts to turning down as many as 70 percent of the 87 applications to sell it power, filed through March, with a combined output capacity of 1.568 gigawatts.  One Hokkaido Electric official justified the decision: “Our power grid has a limited capacity. Accepting too much power from solar plants, where output levels fluctuate wildly depending on the weather, compromises a stable supply of electricity.”

One Sapporo-based real estate company lost money speculating. The company purchased two plots of land to host solar power plants that never materialized. “We were taken in by a renewable energy bubble,” the company’s president lamented.

The renewable energy feed-in tariff system was introduced in July 2012. It obligates utilities to purchase electricity generated by solar and wind plants at predetermined prices. The then-ruling Democratic Party of Japan initiated the system in a bid to bolster the nation’s renewable energy production, which accounted for less than 2 percent of the total power generation at the time, to 30 percent.

The regional utility’s decision to limit its purchases of solar power cannot be assigned to grid capacity alone. The decision was taken in large part due to Hokkaido Electric’s expectations that all three idled reactors at its Tomari nuclear power plant will eventually go back online…But if utilities revert to relying on nuclear power to levels before the Fukushima disaster, that could leave very little room for the emerging renewable energy industries to grow.

Enter the savior of Japan’s nuclear energy sector: Prime Minister Shinzo Abe’s growth strategy. The Abe administration is eager to export Japan’s nuclear technologies and expertise. Not only did his government help secure a contract to build nuclear reactors in Turkey, but Abe himself, acting as the country’s top salesman, visited Saudi Arabia, India and Central Europe to promote Japanese nuclear capabilities.  In late March, a group representing the Japan Atomic Industrial Forum (JAIF) also visited the Sizewell nuclear power plant 160 kilometers northeast of London. The forum’s constituent members include power utilities and manufacturers dealing in nuclear technologies.  There are plans to build two more nuclear reactors on the grounds of the Sizewell site.

“Expanding our nuclear operations overseas has come to play a larger role in our perspective since the Abe administration came to power,” said Akihiro Matsuzaki, an official in the JAIF Department of International Affairs and a member of the mission to Sizewell. Foundation work is already under way there.  Hitachi Ltd., which acquired Britain’s Horizon Nuclear Power Ltd., said it also hopes to boost the annual sales of its nuclear business division from the current 160 billion yen ($1.64 billion) to 360 billion yen by fiscal 2020.  “We will be part of Abenomics (Abe’s economic policy),” Hitachi Senior Vice President Tatsuro Ishizuka told a briefing session for investors on June 13.

MARI FUJISAKI, Japan’s growth in renewable energy dims as nuclear strives for comeback, Asahi Shimbun July 7, 2013

Tracking Illegal Ivory: the Forensics

The atmospheric carbon left over from nuclear bomb testing could help scientists track poached ivory, new research has found.  These bomb tests changed the level of carbon in the atmosphere, which can be traced to date elephant tusks…Scientists say the findings, published in PNAS, could make it easier to enforce the ivory ban.The number of elephants being poached is now at the highest it has been for two decades, according to a UN backed report.  This was highlighted in January when a family of 11 elephants was slaughtered in Kenya, their tusks hacked off with machetes.

Traditional radiocarbon dating determines the age of ancient objects by measuring the amount of carbon-14 (C14).  The approximate time since an organism died can be measured from the amount of C14 left in its remains. But remains from after the Cold War contain higher levels of C14 due to the nuclear bombs.  In a new study Dr Uno and colleagues used this increase in carbon to date herbivore samples, which they matched to corresponding points on the bomb-curve

In the 1980s, more than half of Africa’s elephants are thought to have been wiped out by poachers. This led to an international ban on trading ivory in 1989….Scientists have found that radioactive carbon in the atmosphere emitted during the Cold War bomb tests will make it easier to distinguish between illegal ivory–that acquired after the 1989 ban– and legal ivory– that acquired before the 1989 trade ban.  The amount of radiocarbon in the atmosphere nearly doubled during nuclear weapons tests from 1952 to 1962, which steadily dropped after tests were restricted to underground. This has been dubbed “the bomb-curve”.

The levels have declined since but as they are still absorbed by plant, they enter the food chain and are measurable in plant and animal tissues.  The concentration of radiocarbon found in tiny samples of animal tissue can accurately determine the year of an animals death, from 1955 until today, Kevin Uno from Colombia University, US, explained to BBC News.  “This is different to the traditional dating technique which takes advantage of the loss of radiocarbon through time.”  Traditional radiocarbon dating would only be able to pick up an “imperceptible amount of decay” added Dr Uno, but because the bomb spike doubled the concentration or carbon, they were able to find huge variations over the last 60 years, which enabled accurate dating.Dr Uno said this technique “would dovetail very nicely with DNA testing which tells you the region of origin, but not the date”.  As anti-poaching funding is extremely limited, understanding where the poaching hotspots are, as well as how old the tusks are, could help the international community to direct funding to the places most at risk, he added…

These wildlife forensics are ready to roll, now we need to speak to the organisations who can set up a programme to make it happen.”

Excerpts, Melissa Hogenboom, Carbon from nuclear tests could help fight poacher, BBC News, July 1, 2013

The Role Military/Industrial Complex in Industrializing Nations

In the last year, a total of 1,653 suspects were arrested and 3,778 illegal refineries destroyed in the in the ongoing anti-illegal bunkering patrols by the Joint Task Force (Operation PULO SHIELD) in the Niger Delta, according to Minister of State for Defence, Dr Olusola Obada.  In addition, 120 barges, 878 Cotonou boats, 161 tanker trucks, 178 illegal fuel dumps and 5,238 surface tanks were also destroyed by the Task Force within the same period.

Obada also said that the Defence Industries Corporation of Nigeria (DICON) will collaborate with the private sector under the Public Private Partnership (PPP) in the production of Armoured Personnel Carriers (APCs).  Obada said on Friday, while featuring in the ongoing ministerial press briefing in Abuja, that the nation’s military has “enhanced protection of oil and gas facilities through air and ground patrols of pipeline networks to deter vandals from sabotage activities. Troops were deployed on most critical platforms on a 24/7 basis to enhance their security. While criminalities in the industry have not been completely eliminated, efforts of the Joint Task Force have reduced the level crude oil theft drastically.”

She stated that towards industrialising Nigeria through the military-industrial complex, “the Federal Government in 2012 set up a high powered committee headed by the Vice President to reposition the Defence Industries Corporation of Nigeria (DICON) for greater efficiency. The report of the committee had been submitted to the President and it is expected that the recommendations would help initiate a transformation in the local production of military equipment.”

Already, Obada noted, DICON has entered into partnership with foreign companies for the manufacture of weapons, bulletproof vests and other equipment.  She also disclosed that under the Ministry of Defence’s health initiatives, 25,000 people had been place on retroviral therapy in the last one year under the Ministry of Defence HIV programme.

Special Task Force Arrest 1,653 Suspects, Destroy 3,778 Illegal Refineries Saturday, The Guardian (Nigeria), June 29, 2013

The Art of Selling Weapons: offsets

[When governments buy weapons] it is standard to supplement the main deal with a side contract, usually undisclosed, that outlines additional investments that the winning bidder must make in local projects or else pay a penalty. Welcome to the murky world of “offsets”.

The practice came of age in the 1950s, when Dwight Eisenhower forced West Germany to buy American-made defence gear to compensate for the costs of stationing troops in Europe. Since then it has grown steadily and is now accepted practice in 120 countries. It has its own industry newsletter and feeds a lively conference circuit. The latest jamboree, hosted by the Global Offset and Countertrade Association, was held in Florida…. Yet its very structure serves to mask a build-up in the unrecognised financial liabilities of companies. It also, critics argue, fosters corruption, especially in poorer parts of the world.

Avascent, a consultancy, reckons that defence and aerospace contractors’ accrued offset “obligations”—investments they have promised but not yet made—are about $250 billion today and could be almost $450 billion by 2016. The industry’s own estimates are lower, but all agree the trajectory is upward.

Offsets come in two types. Direct offsets require investment in or partnerships with local defence firms. The idea is to develop self-sufficiency. Turkey, for instance, now meets half its own defence needs thanks to such arrangements. Indirect (non-defence) offsets include everything from backing new technologies or business parks to building hotels, donating to universities and even supporting condom-makers. Here the stated intention is to achieve more general economic or social goals.

Both types of offset are controversial. Economists view offsets as market-distorting. The World Trade Organisation bans their use as a criterion for contract evaluation in all industries except defence. Anti-corruption groups see them as a clever way to channel bribes. Even if many offset deals are clean, they are widely seen as a “dark art”, admits an industry executive. “Offset” has become a dirty word; the industry now prefers the euphemistic “industrial participation”.

The practice is frowned upon in some advanced economies. The European Commission is trying to impose a ban on all offsets in EU-to-EU contracts, and on indirect offsets when the supplier is from outside the union…

America has long been officially against offsets, though it practises something similar at home under the Buy American Act of 1933, which requires foreign arms-makers to source much of the work locally… And as embassy cables published by WikiLeaks make clear, America’s diplomats are sometimes closely involved in its firms’ discussions with foreign governments, including even squeaky-clean Norway’s, over proposed offsets.

In less developed countries, where defence spending is generally rising, offsets are booming. One appeal is that they can be recorded as foreign direct investment, boosting the government’s economic-management credentials. The two biggest arms-buyers in the Gulf, Saudi Arabia and the United Arab Emirates, have long-standing, sophisticated offset programs…Brazil and India are catching up…

This growth is fuelling a thriving offsets industry. At one end are dozens of small brokers who hawk ideas for offset projects to arms-makers and their clients. With the right contacts in government and the armed forces, even small outfits can service the largest defence firms. Take Dolin International Trade & Capital, a one-man operation run by Dov Hyman from his home in suburban New York. Mr Hyman cut his teeth as a textile trader in Nigeria. Today he advises African governments looking to use offsets while helping multinationals craft offset packages.

Further up the chain are a few sophisticated outfits that structure complex deals and arrange financing. The best known is London-based Blenheim Capital. These are assembling ever more creative packages, including, for instance, helping procuring countries to use contractors’ offset obligations as collateral for loans, backed by the “performance bonds” that firms set aside to cover unfulfilled obligations.

These middlemen are offsets’ most vocal defenders. Mr Hyman cites reams of examples of deals that he believes brought great benefits for purchasing countries’ economies. The best of them are “beautiful solutions”: for instance when arms-sellers satisfy offset obligations by guaranteeing credit lines for local manufacturers, thus reducing their financing costs. Using a multinational’s good standing in this way is “an efficient means of making possible transactions that otherwise wouldn’t be viable,” he argues.

However, some projects take contractors disconcertingly far away from their core competence. Take the shrimp farm set up in Saudi Arabia in 2006 with backing from Raytheon, a maker of radar systems and missiles. Praised at first as a model offset, it reportedly struggled to keep its pools properly maintained in searing temperatures and eventually went bust.

Moreover, the academic literature on offsets suggests that the promised benefits are elusive. There are some technology-transfer success stories: for instance, China has boosted its defence-manufacturing capability by requiring offsets when buying kit from Russia. However, research by Paul Dunne of Bristol Business School and Jurgen Brauer of Augusta State University has found that such deals are generally pricier than “off-the-shelf” arms purchases and create little new or sustainable employment. The offsets associated with the giant South African arms purchases of the late 1990s have created 28,000 direct jobs, claims the country’s government. Even if true, it is well below the 65,000 first envisaged. India’s auditor-general recently concluded that some offsets have produced no value for the country.

Judging performance is hard because of a lack of openness. Asked for confirmation of the fate of the shrimp farm, the Saudi offset authority said it kept “minimum information” on projects after their founding and suggested contacting its commercial backers. Raytheon declined to comment and suggested contacting the Saudis. DevCorp, another backer, did not respond. A study published in February by Transparency International, an anti-graft group, found that a third of governments that use offsets neither audit them nor impose due-diligence requirements on contractors.

Worse, accounting rulemakers have failed to impose any requirement to disclose offset liabilities. Companies can thus choose how, or whether, to put them on the balance-sheet. Defence firms have lobbied successfully for offsets to remain classified as “proprietary”, so they do not have to disclose their obligations. In some ways things have got worse: the Commerce Department’s annual report on American contractors’ offsets no longer even breaks out the numbers country-by-country.

This murkiness makes it hard to determine who really pays for offsets. On the face of it, the defence companies do. But Shana Marshall, an offsets-watcher at George Washington University, believes that they build the cost into their bids. Politicians and officials in procuring countries know that they are paying the bill through padded prices, but they accept this because offsets give them some grand projects to trumpet and sometimes provide palm-greasing opportunities.

A study in Belgium found that the country ended up paying 20-30% more for military gear when offsets were factored in. If the costs are largely borne by taxpayers, the benefits accrue to individuals and institutions chosen by the procuring government. This make offsets a good way to conceal delivery of public subsidies to interest groups, according to Ms Marshall.

A number of deals have been exposed as, or are suspected of being, corrupt. A commission has been set up to look into South African contracts dating back to 1999; the government has already conceded that offset credits changed hands at inflated prices. Since 2006 prosecutors in Portugal have been investigating offsets connected with a €1 billion ($1.3 billion) submarine contract with Germany’s Ferrostaal, HDW and ThyssenKrupp. Three Ferrostaal board members and seven Portuguese businessmen are on trial, charged with fraud and falsifying documents.  EADS, a large European contractor, is facing multiple inquiries over its sale of 15 Eurofighter planes to Austria. Prosecutors in Vienna and Munich are looking into allegations that millions of euros in kickbacks flowed through a web of offshore firms and side-deals, linked to offset agreements worth €3.5 billion, twice the value of the main contract. (In other words, EADS was supposed to generate €2 of business for Austrian firms for every euro it received for the planes—an unusually high ratio even in fiercely bid contracts.) Tom Enders, EADS’s chief executive, told Der Spiegel, a German magazine, that he “knew nothing about the shadowy world of dubious firms allegedly behind this.” The company says it is co-operating fully with prosecutors and that an internal investigation has so far found no evidence of punishable activity.

Prosecutors are also looking into whether AgustaWestland, part of Finmeccanica, an Italian defence firm, paid bribes to secure the sale of 12 helicopters to India in 2010. Finmeccanica’s former chief executive and the former head of AgustaWestland are due to go on trial next month. According to Italian court filings, suspicious payments allegedly flowed through a sham offset contract for software with help from a Swiss-based consultant. The helicopter-maker and the charged individuals deny wrongdoing.

Industry figures point out that all but the Indian case are at least five years old. They argue that corruption is harder to get away with today because of stricter anti-bribery laws and enforcement in America and Europe. Companies’ general counsels pay much more attention to offsets than they did a decade ago, says Grant Rogan, the head of Blenheim Capital.

Even if graft really is on the wane, offsets’ complexities make it hard to measure the true cost of defence deals. Procuring governments may apply generous “multipliers” to give extra credit to projects they deem exceptionally beneficial, especially if they are keen to buy the kit in question. As a result, defence contractors often find their liabilities turn out to be a lot less than their nominal obligations. A $5 billion sale of military kit might come with, say, $4 billion of gross offset requirements, but after multipliers it might only cost $500m to fulfil. A book on the arms trade, “The Shadow World”, by Andrew Feinstein, describes a contract Saab won in South Africa: to receive more than $200m in credits all the planemaker was required to do, the book says, was to spend $3m upgrading pools in Port Elizabeth and marketing the town to Swedish tourists. Saab says the tourism project cost much more, and suggested that it was up to the authorities to decide what value they put on what it achieved.

This sleight-of-hand helps to explain why industry executives are better disposed towards offsets in private than in public, says Ms Marshall. They say they could happily live without them, but they do not lobby to have them banned. Indeed, some big contractors see their ability to craft a package of attractive offsets as a “source of competitive advantage”, as Boeing’s boss, Jim McNerney, puts it.

The largest such firms will employ dozens of offset specialists to give them an edge in bidding. Lockheed, another American contractor, has about 40. As long ago as 2005 the firm was touting its leadership in offsets to win Thai contracts, according to a leaked diplomatic cable.  A downside for the companies is that dealing with national offset agencies can be frustrating. And though the companies’ offset liabilities are smaller in reality than on paper, they can still be daunting: one American contractor, for instance, has $10 billion of nominal obligations in a single Gulf state that will cost $1 billion-2 billion to fulfil, according to a consultant (who will not say which firm or country)….

How long can the offsets boom last?  But in the shorter term, their growth will be fuelled by American and European contractors’ intensifying efforts to sell outside their shrinking home markets, to big developing countries whose defence budgets are growing…. Remarkably, offsets are now said to be the main criterion in contract evaluation in Turkey and some Asian countries—more important than the price or the technical capability of the defence equipment itself.

The defence industry: Guns and sugar, Economist,May 25, 2013, at 63

Deforestation: Rubber Barons and their Bankers

Along Route 7 in Cambodia’s remote north, dozens of small tractors known as “iron buffaloes” are plying a dilapidated piece of highway. Under cover of darkness, they transport freshly cut timber into nearby sawmills. The drivers wear masks, their tractors fitted with just one dim lamp at the front. Each carries between three and six logs which locals say were felled illegally on or near the Dong Nai rubber plantation, owned by Vietnam Rubber Group (VRG).

Illegal logging and land-grabbing have long been problems in Cambodia. A new report entitled “Rubber Barons” by Global Witness, a London-based environmental watchdog, has highlighted the issue once again. Dong Nai features prominently in the report, which claims that luxury timbers like rosewood, much in demand for furniture in China and guitars in the West, were culled as a 3,000-hectare (7,400-acre) section of forest was illegally cleared.

Global Witness says that local and foreign companies have amassed more than 3.7m hectares of land in Cambodia and Laos since 2000, as governments have handed out huge land concessions, many in opaque circumstances. Two-fifths of this was for rubber plantations, dominated by state companies from Vietnam, the world’s third-largest rubber producer.

The report claims that VRG and another Vietnamese company, HAGL, are among the biggest land-grabbers, and have been logging illegally in both Cambodia and Laos. It says that, through Vietnam-based funds, the two companies have received money from Deutsche Bank, while HAGL also has investment from the IFC, the private-sector arm of the World Bank. The two Vietnamese companies have denied any wrongdoing. Deutsche Bank and the IFC say they are studying the findings.

The report says that the two companies have failed to consult local communities or pay them compensation for land they formerly used. The companies routinely use armed security forces to guard plantations. Large areas of supposedly protected intact forest have been cleared, in violation of forest-protection laws and “apparently in collusion with Cambodia’s corrupt elite”.

Global Witness is urging authorities in Cambodia and Laos to revoke the two companies’ land concessions, which cover 200,000 hectares and are held through a network of subsidiaries. It thinks both companies should be prosecuted.

Logging in South-East Asia: Rubber barons, Economist, May 18, 2013

See also Bankers with Chainsaws

 

Business Models of Piracy – Somalia & Niger Delta

The decline in Somali piracy (which, according to a recent World Bank report, may at its peak have cost the world up to $18 billion a year in extra shipping expenses and lost trade) is partly the result of increasingly sophisticated co-ordination by international naval task-forces. Shipping companies are also making their vessels harder to attack thanks to a range of defensive measures, such as razor wire around decks, high-pressure hoses and maintaining speeds that make boarding hazardous. Armed security guards on many of the ships transiting pirate-infested waters have helped too.But the pirates could still make a comeback. The cost of deterring them is high. Shipping companies may lower their guard if they think the threat has passed, and patrolling naval forces could be needed elsewhere. And although Somali piracy has faded, west Africa has seen a surge in attacks on ships passing through the Gulf of Guinea.

Tom Patterson, a maritime security expert at Control Risks, a consultancy, says these pirates, who largely come from militant groups in the Niger Delta, have a different business model to their Somali counterparts. They tend to hold ships for about two to five days, removing as much of their cargo as possible (usually gas oil) and then auctioning it to the highest bidder. Hostages are taken if potentially valuable. This week five Poles and Russians, held since April 25th when pirates attacked the German-operated City of Xiamen container ship off Nigeria’s coast, were released, doubtless after a ransom payment.

International naval forces are unlikely to intervene. Nigeria has a decent navy of its own which claims to be upping its efforts to contain piracy. But foreign diplomats believe that some military officials turn a blind eye to thefts in return for a share of the spoils

Hijackings on the high seas: Westward Ho!, Economist, May 18, 2013, at 67

Tax Havens under Attack

[In] the Cayman Islands,  corruption would have been high on the list of election issues in a society where “everybody expects that you are going into politics to make your money”, as a former auditor-general recently put it. But there is plenty more to worry Caymanians and the inhabitants of Britain’s other remaining scraps of empire in the Caribbean: Anguilla, the British Virgin Islands (BVI), Montserrat and the Turks and Caicos Islands. Tourism and international finance have brought prosperity but the “twin pillars” are showing cracks. Fiscal fumbling has compounded the problem and has strained relations with Britain, which has long provided an economic backstop. The region’s two big tax havens, Cayman and the BVI, are under attack as never before.

The world economic slowdown hit these small, open economies hard…. In some cases Britain has pushed for income taxes to supplement the fees and indirect taxes that the territories rely on. But these do not go down well with footloose offshore types. Under pressure from the Foreign Office, Cayman’s government last year proposed a 10% levy for foreigners, who make up half the 38,000 workforce. This was scrapped when businesses squealed. Wary of scaring away business, the BVI has not raised the $350 fee for incorporation since 2004.

Avoiding fee rises is seen as important at a time when tax havens are under bombardment, especially from Europe. The five territories, Bermuda and others have been arm-twisted into backing a multilateral scheme for the automatic exchange of tax information. A longer-term threat is the growing international call for public registration of the “beneficial” (ie real) owners of companies and trusts. Standards must be applied evenly, says Orlando Smith, premier of the BVI, “otherwise, businesses will simply go to other jurisdictions.”

Offshore optimists note that China and Russia, whose citizens are big users of Caribbean havens, have not signed up to the information-sharing pact. But remaining attractive to clients while complying with ever more stringent international rules is “an increasingly difficult needle to thread”, says Andrew Morriss of the University of Alabama. No wonder the territories are trying to diversify away from finance, which in the BVI’s case accounts for 60% of government revenues. Anguilla is looking at fishing, Cayman toying with medical tourism. But hip replacements will not be as lucrative as hedge funds.

Britain is gently encouraging these efforts, while recognising that, as an official puts it, “There isn’t a long list of options.” It is trying to improve governance, too. After it threatened to veto a Cayman port project which had been awarded to a Chinese company without an open tender, bidding was restarted. Britain retains the power to block laws, suspend constitutions and dismiss governments. The Turks and Caicos constitution has been suspended twice, most recently in 2009 after an inquiry found “a high probability of systemic corruption”. This led to three years of direct rule by the British-appointed governor.

Putting your man in charge is one thing, putting money on the table quite another. To avoid it, Britain will have to play its hand carefully. It has to be seen to join the likes of France and Germany in taking a firm stand against offshore financial shenanigans, especially now that the prime minister, David Cameron, has made tax and transparency themes of this year’s G8 agenda. On May 20th he told Britain’s dependencies to “get [their] houses in order”. But if the havens lose their cash cow, they might have to go cap-in-hand to London. “Taxpayers Bail Out Tax Havens” is the last headline Mr Cameron wants to see.

The Caribbean: Treasure islands in trouble, Economist, May25, 2013, at 35

Blackstone, China, Secrecy: Guyana

The government of Guyana wants to move forward with an $840m project at Amaila Falls, deep in the forested interior. At full capacity of 165MW, it could supply more power than Guyana’s present needs.  The lead developer is Sithe Global, part of the Blackstone Group. Sithe wants a guaranteed 19% return on its equity stake, and plans to start construction this year. China Railway First Group signed an engineering contract in September. The China Development Bank will lend most of the money. The Inter-American Development Bank has been asked to chip in $175m; the World Bank was initially involved, but has pulled out.

Amaila’s supporters point out that it will flood less than 55 square km (21 square miles). No villages will be displaced and little wildlife will be disturbed. Guyana would no longer rely on fossil fuels for electricity. After two decades, ownership would pass to the government, construction costs paid off.

Opponents worry that clean electricity will not come cheap. Guyana Power and Light (GPL), the state-owned electricity company, will pay about $100m a year to the Amaila consortium. Electricity bills are unlikely to fall (three people were killed last year in protests over electricity charges). And Amaila’s power may not be reliable. The El Niño weather pattern can bring a year-long drought. In normal years, the plant will run below capacity between October and April. GPL will have to pay for backup thermal power. The IMF has urged “careful consideration of the [financial] risks”.

Plans to build Amaila date from 1997, though Sithe only got involved in 2009. The estimated cost has risen steadily. An access road is unfinished. There is as yet no economic feasibility study for the project; when completed, the study will remain confidential, as is GPL’s outline power-purchase agreement. Opposition parties complain that the government is being “secretive” about Amaila. On April 24th they blocked funds for a government equity-stake in the project. If Amaila is as beneficial as its backers claim, an open debate might generate broader support for the project, and cut its $56m bill for political risk insurance.

Hydropower in Guyana: Shrouded in secrecy, Economist, May, 4, 2013, at 39

Mining Companies Love Least Developed Countries

An expert panel led by Kofi Annan, a former UN secretary-general, looked at five deals struck between 2010 and 2012, and compared the sums for which government-owned mines were sold with independent assessments of their value. It found a gap of $1.36 billion, double the state’s annual budget for health and education. And these deals are just a small subset of all the bargains struck, says the report, which Mr Annan presented in Cape Town, South Africa, on May 10th.

The report highlights some puzzling details. For instance ENRC, a London-listed Kazakh mining firm, waived its rights to buy out a stake in a mining enterprise owned by Gécamines, Congo’s state miner, only to acquire it for $75m from a company owned by Dan Gertler, an Israeli businessman, which had paid $15m for it just months earlier. Mr Gertler is close to Joseph Kabila, Congo’s president. ENRC, which is being investigated by the Serious Fraud Office in Britain, was Congo’s third-largest copper producer last year. Both ENRC and Mr Gertler deny wrongdoing.

African countries often fail to collect reasonable taxes on mining, says Mr Annan’s panel. For example, Zambia’s copper exports were worth $10 billion in 2011, but its tax receipts from mining were a meagre $240m. The widespread use by mining firms of offshore investment vehicles as conduits for profits creates scope for tax avoidance. Their use is not restricted to rich-world companies. Much of the oil that Angola ships to China is via a company called the China International Fund. Its trading prices are not made public…

Congo’s prime minister, Matata Ponyo Mapon, promises change. In January 2013… Mr Ponyo said he would rein in the state-owned mining companies and increase transparency in the industry. “We must avoid situations where we’re not publishing our mining contracts, where our state assets are undervalued, and where the government doesn’t know what its state mining companies are doing,” he told miners and officials at a conference in January….

Last year miners in Congo, which include Freeport-McMoRan and Glencore Xstrata, shipped $6.7 billion-worth of copper and cobalt from the country.

Business in the Democratic Republic of Congo: Murky minerals, Economist, May 18, 2013, at 74

 

Open Government Data a Bonus to Mining Companies

On May 9th, 2013 Barack Obama ordered that all data created or collected by America’s federal government must be made available free to the public, unless this would violate privacy, confidentiality or security. “Open and machine-readable”, the president said, is “the new default for government information.”

This is a big bang for big data, and will spur a frenzy of activity. Pollution numbers will affect property prices. Restaurant reviews will mention official sanitation ratings. Data from tollbooths could be used to determine prices for nearby billboards. Combining data from multiple sources will yield fresh insights. For example, correlating school data with transport information and tax returns may show that academic performance depends less on income than the amount of time parents spend with their brats.

Over the next few months federal agencies must make an inventory of their data and prioritise their release. They must also take steps not to release information that, though innocuous on its own, could be joined with other data to undermine privacy—a difficult hurdle.  Many countries have moved in the same direction. In Europe the information held by governments could be used to generate an estimated €140 billion ($180 billion) a year. Only Britain has gone as far as America in making data available, however. For example, it requires the cost of all government transactions with citizens to be made public. Not all public bodies are keen on transparency. The Royal Mail refuses to publish its database of postal addresses because it makes money licensing it to businesses. On May 15th an independent review decried such practices, arguing that public-sector data belong to the public.

Rufus Pollock of the Open Knowledge Foundation, a think-tank, says most firms will eventually use at least some public-sector information in their business.

Open data: A new goldmine, Economist,  May 18, 2013, at 73

Collusion in the Oil Market

The European Commission declared that it feared oil companies had “colluded” to distort benchmark prices for crude, oil products and biofuels. Royal Dutch Shell, BP, Norway’s Statoil and Italy’s ENI  all said that they were co-operating with the commission. The competition authorities also called on the London offices of Platts, a subsidiary of McGraw Hill, an American publisher and business-information firm, which sets reference prices for these commodities.

The volumes of oil and products linked to these benchmark prices are vast. Futures and derivatives markets are also built on the price of the underlying physical commodity. At least 200 billion barrels a year, worth in the order of $20 trillion, are priced off the Brent benchmark, the world’s biggest, according to Liz Bossley, chief executive of Consilience, an energy-markets consultancy. The commission has said that even small price distortions could have a “huge impact” on energy prices. Statoil has said that the commission’s interest goes all the way back to 2002. If it is right, then the sums involved could be huge, too.

The authorities are tight-lipped about their focus, but they seem to be examining the integrity of benchmark prices. Each day Platts’s reporters establish a reference price by following the value of public bids and offers during a half-hour “window” before a set time—4:30pm in London, for example. This “Market-on-Close” (MOC) method is based on the idea that using published, verifiable deals to set the price is more reliable than having reporters ring around their pals, who might be tempted to talk their own books.  Platts keenly defends the MOC method. It points out that it ignores bids, offers and deals that are anomalous or suspicious. “We are not aware of any evidence that our price assessments are not reflective of market value,” it says, before declaring that it stands behind its method.

Yet such price-setting mechanisms have come in for criticism. The International Organisation of Securities Commissions (IOSCO), a grouping of financial regulators, said last year that the potential for false reporting “is not mere conjecture.” Total, a French oil giant…told IOSCO that benchmark prices were out of line with the underlying market “several times a year”.

Nobody knows what, if anything, the present investigation will find. The authorities should be scouring firms’ books for trades within the half-hour window that are offset in the futures markets. Perhaps they will find deals used in Platts’s assessment that are quietly unwound by the oil companies in private. They should also check shipping registers to see that cargoes have actually changed hands, or whether deals are fictitious. If any of these tricks could distort the benchmark by even a few cents, it might create a handy profit on contracts that are priced off it.

Oil consumers have been quick to rage at news of this week’s raids. The belief that oil companies rip off consumers is as unshakable as the idea that Rockefeller was good with money. “Our members…will be incandescent if what many have long suspected—that is price fixing—proves to be true,” said Robert Downes, of the Forum of Private Business, a British group that backs small firms. In fact, if there have indeed been price distortions, then these could as well have nudged prices down as forced them up—because oil traders make money on price movements, not just rises.

It is a complicated picture and the EU’s competition authorities are likely to take months or years before deciding whether they suspect any oil companies of having committed a crime. Meanwhile, a reform of the oil markets is unlikely to come anytime soon. Despite IOSCO’s fears of price distortion, it backed away from recommending changes—after fierce lobbying from the industry.

Trading in oil: Libor in a barrel, Economist,, May 18, 2013, at 77

US Military Laboratory, Djibouti

Other states, such as Singapore and Hong Kong, that also began as ports have diversified in recent decades, but not Djibouti. It lacks the skilled workforce to become a financial-services centre. Yet thanks to three unrelated developments it has turned into an ever more extraordinary transit hub

First, its backdoor leads to the world’s most populous landlocked country, Ethiopia, home to a fast-growing economy that needs access to the sea. Most of the food, oil and consumer goods imported for Ethiopia’s 83m-plus people passes through Djibouti. Instability in Ethiopia’s eastern neighbour, Somalia, and bad blood with Ethiopia’s other old enemy, Eritrea, mean that Djibouti is the only main transit option. Hence a new railway line to Addis Ababa, Ethiopia’s capital, is being built.

At the same time, freighters chugging between Europe and Asia have been seeking an alternative to their traditional halfway stop in Dubai, which involves a detour into the Gulf. Djibouti is more directly en route. In 2009 it spent $400m on a state-of-the-art container terminal, the only one in the region. In the five previous years, trade volume had already doubled and is set to do so again. To expand still more, Djibouti’s port authority is close to securing $4.4 billion from abroad for another five terminals which, it is hoped, will be ready in the next four years.

Third, the woes of Djibouti’s neighbours have brought the world’s most powerful navies to its shores. Piracy in Somalia and anti-terror campaigns on the Arabian peninsula, only 32km (20 miles) away across the water, have created what a new report by Chatham House, a London-based think-tank, calls an “international maritime and military laboratory”.The United States is the biggest lab rat. Djibouti hosts the only permanent American base in Africa, home to 3,200 people, not all of them naval. Since 2010, American drones have been flying from Camp Lemonnier, beside the main airport, making it the busiest base for drones outside Afghanistan. Some 50 military flights take off every day, including a squadron of F-15E jets, which arrived in 2011. The Pentagon has drawn up plans to spend $1.4 billion to expand the base and triple the number of its special forces there to more than 1,000.

France, the former colonial master, still guarantees Djibouti’s security and keeps 2,000 troops there. The port-state also hosts the biggest military presence of Japan and China outside Asia, both drawn by the fight against Somali piracy. Along with Western countries, they co-operate keenly to protect commercial vessels—though everyone spies on each other. Djibouti also often hosts security-minded delegations from Russia, Iran and India. Even in the cold war, rarely was neutral territory so colourful or crowded.

All this toing and froing has brought Djibouti windfall revenues. President Ismail Omar Guelleh, whose family has been in charge since independence in 1977, dishes out a good slice of it to the country’s small elite, which is gratefully compliant. The rest of the almost 1m inhabitants are among the poorest in Africa, with 60% of them unemployed.Rattled by the Arab spring and fearing that even minor instability could frighten away foreign military friends and investors, the president has embarked on a carefully staged course of political reform. During legislative elections in February a fifth of the seats were allocated in proportion to votes cast rather than under the previous winner-takes-all system that has long favoured the president’s allies.

Opposition parties were given access to state media and allowed to hold rallies. They won 16 out of 65 seats but then alleged fraud, leading to demonstrations, street clashes with the police and the incarceration of the leading protesters.

The Horn of Africa: Containers—and containing dissent, Economist, May 4, 2013, at 49

Bay of Bengal: fishermen v. port builders

Bangladesh’s Chittagong, has… become a bottleneck. The Bangladeshis are modernising it… China is putting $200m towards upgrading the airport at Cox’s Bazar, the country’s southernmost tip, to attract investment and tourists.  Myanmar’s …new government, keen for foreign inflows to help rebuild the economy, has been approving projects that sat idle for years. Sittwe is one, but it looks small compared with the Dawei project on Myanmar’s Tenasserim coast… a deepwater port, industrial zone and highways to connect it with distant Bangkok, estimated to cost $8.5 billion.Thailand’s rulers dabbled for centuries with the idea of building a canal across the Kra isthmus, which would link their own gulf directly to the Andaman Sea and save days of costly shipping through the Strait of Malacca. Dawei should do the trick…. The Japanese are taking advantage of Myanmar’s opening to build a riverine port called Thilawa, south of Yangon.

The Chinese are exploring ways round their own Malacca-strait dilemma. They have been building new oil and gas pipelines across the whole of Myanmar starting from a new port-terminal at Kyaukphyu, near Sittwe….China’s activity in the Bay of Bengal is purely “defensive” [some say] but Indians versed in the “string of pearls” theory, which sees Chinese-built ports encircling India, will not be much comforted.

Amid the sometimes airy speculation, it is relatively easy to predict the effects on the repurposed waters of the bay. Yugraj Yadava, the director of an environmental watchdog in Chennai, says increased shipping is already eroding traditional livelihoods and polluting the sea. About 31% of the world’s coastal fishermen live and work on the Bay of Bengal, and they stand to lose huge tracts to the port-builders (and to rising sea levels, too). Mr Yadava says the bay still has some of the world’s healthiest natural fisheries, but they are under threat, not least from non-native species that stow away in long-haulers’ ballast.

Collisions between fishing vessels and commercial ships are becoming more frequent, as are snagged nets. All this will probably accelerate in the next few years. Before the Bay of Bengal falls victim to its new-found popularity, it might be good if some of its beneficiaries were to build a transnational maritime authority, to limit the damage.

Excerpts, The Bay of Bengal: New bay dawning, Economist,Apr. 27, 2013, at 40

The Risk of Unburnable Carbon

Several  reports suggest that markets are overlooking the risk of “unburnable carbon”. The share prices of oil, gas and coal companies depend in part on their reserves. The more fossil fuels a firm has underground, the more valuable its shares. But what if some of those reserves can never be dug up and burned?

If governments were determined to implement their climate policies, a lot of that carbon would have to be left in the ground, says Carbon Tracker, a non-profit organisation, and the Grantham Research Institute on Climate Change, part of the London School of Economics. Their analysis starts by estimating the amount of carbon dioxide that could be put into the atmosphere if global temperatures are not to rise by more than 2°C, the most that climate scientists deem prudent. The maximum, says the report, is about 1,000 gigatons (GTCO2) between now and 2050. The report calls this the world’s “carbon budget”.

Existing fossil-fuel reserves already contain far more carbon than that. According to the International Energy Agency (IEA), in its “World Energy Outlook”, total proven international reserves contain 2,860GTCO2—almost three times the carbon budget. The report refers to the excess as “unburnable carbon”.

Most of the reserves are owned by governments or state energy firms; they could be left in the ground by public-policy choice (ie, if governments took the 2°C target seriously). But the reserves of listed oil companies are different. These are assets developed using money raised from investors who expect a return. Proven reserves of listed firms contain 762GTCO2—most of what can prudently be burned before 2050. Listed potential reserves have 1,541GTCO2 embedded in them.

So companies and governments already have far more oil, gas and coal than they need (again, assuming temperatures are not to rise by more than 2°C). Logically, the response to this would be for governments to leave their reserves untouched and for companies to run theirs slowly down, returning more of what they earn to shareholders. Neither of these things is happening. State-owned companies are taking an increasing share of total energy output. And in 2012, says Carbon Tracker, the 200 largest listed oil, gas and coal companies spent five times as much—$674 billion—on developing new reserves as they did returning money to shareholders ($126 billion). ExxonMobil alone plans to spend $37 billion a year on exploration in each of the next three years.

Such behaviour, on the face of it, makes no sense. One possible explanation is that companies are betting that government climate policies will fail; they will be able to burn all their reserves, including new ones, after all. This implies that global temperatures would either soar past the 2°C mark, or be restrained by a technological fix, such as carbon capture and storage, or geo-engineering.Recent events make such a bet seem rational. On April 16th the European Parliament voted against attempts to shore up Europe’s emissions trading system against collapse. The system is the EU’s flagship environmental policy and the world’s largest carbon market.  Putting it at risk suggests that Europeans have lost their will to endure short-term pain for long-term environmental gain. Nor is this the only such sign. Several cash-strapped EU countries are cutting subsidies for renewable energy. And governments around the world have failed to make progress towards a new global climate-change treaty. Betting against tough climate policies seems almost prudent.

The markets are [also] mispricing risk by valuing companies as if all their reserves will be burned. Investors treat reserves as an indicator of future revenues. They therefore require companies to replace reserves depleted by production, even though this runs foul of emission-reduction policies. Fossil-fuel firms live and die by a measure called the reserve replacement ratio, which must remain above 100%. Companies see their shares marked down if the ratio falls, even when they pull the plug on dodgy, expensive projects. This happened to Shell, for example, when it suspended drilling in the Arctic in February….

At the moment neither public policies nor markets reflect the risks of a warmer world.

Energy Firms and Climate Change: Unburnable Fuel, Economist, May 4, 2013, at 68

Flooding Vietnam: Climate Change

Ho Chi Minh City (known locally as HCMC), Vietnam, a city full of rivers and canals,  has so far been spared a devastating flood, and donors have so far been eager to help. The World Bank, for example, has upgraded stormwater and canal infrastructure in a few central districts, and on April 8th, 2013 officials from the Dutch city of Rotterdam were in town to promote a joint Dutch-Vietnamese project designed to help HCMC adapt to climate change.Yet nearly half the city lies less than one metre above sea level, and scientists say groundwater extraction, which causes land subsidence, may be having a huge unseen effect. Nearly 70% of the city is already vulnerable to extreme flooding, according to the Asian Development Bank.

Flood risks are rising in HCMC’s lower-lying districts, in part because the property boom that accompanied Vietnam’s 2007 entry to the World Trade Organisation led many developers to build wherever they could. One potential victim is an Intel factory inside a high-tech park on HCMC’s eastern outskirts. The threat to such a big firm is troubling because the city accounts for more than half of foreign direct investment in Vietnam, and exports have helped offset weak consumer demand. In Vietnam urban floods also pose public health risks in the form of outbreaks of cholera or dysentery…

The government is promoting a plan to build a 172-km (106-mile), $2.6 billion system of ring dykes to protect urban areas west of the Saigon River. But the financing is not yet secure, and the World Bank has said such large flood-control solutions may be unsustainable.

A better option may be a smaller $1.4 billion dyke proposed by Royal HaskoningDHV, a Dutch consultancy that has managed similar projects in New Orleans and other flood-prone places. But officials at the Ministry of Agriculture and Rural Development typically prefer expensive infrastructure projects, which offer opportunities for kickbacks. “They love dykes,” says Ho Long Phi, a professor at Vietnam National University in HCMC.  Mr Phi may be Saigon’s best flood-control asset. Unlike many Vietnamese officials, he understands that bigger flood-protection measures are not necessarily better, and that if the city is to prosper in the long term, it will need to work with, rather than against, nature. Today’s policies will only transfer flooding risks to future generations. In Mr Phi’s view, the only thing that may change the government’s short-sighted approach to flood prevention is a catastrophe,

Up a creek: A low-lying city must take drastic action to prevent flooding, Economist, May 4,  2013, at 41

China – Australia Dependency

China’s demand for iron and coal has helped to turn it into Australia’s biggest trading partner and to keep Australia more economically robust than most other rich countries. But in some parts of the country the new relationship with China came as a reminder of the unwelcome side-effects of the boom… Chinese trade not only helped Australia survive the global downturn. It has also boosted the currency’s strength, and made it harder for manufacturers to find markets for their exports. The problem is unevenly distributed around the country. ‘

South Australia has suffered the greatest pain: in no other state does manufacturing account for such a big share of the economy…. Five years ago, Mitsubishi closed its plant in Adelaide. Australia’s remaining carmakers, Holden, Ford and Toyota, have shed jobs steadily since then. Australians are buying imported cars more cheaply than ever, especially from Japan; their dollar has risen by 26% against the yen since October.  Even wine, South Australia’s third-biggest export, has suffered: exports in fiscal 2012 dropped in value by A$62m ($65m), or 2%. Codan, an electronics company based in Adelaide, has done better. By making many high-tech products in Malaysia, it has been able to protect itself from the strong Aussie dollar.

The Australian dollar: Resources boomerang, Economist, Apr. 20, 2013, at 44

US Government Lobbying for Biotechnology Industry

American diplomats lobbied aggressively overseas to promote genetically modified (GM) food crops such as soy beans, an analysis of official cable traffic revealed on Tuesday.  The review of more than 900 diplomatic cables by the campaign group Food and Water Watch showed a carefully crafted campaign to break down resistance to GM products in Europe and other countries, and so help promote the bottom line of big American agricultural businesses.

The cables, which first surfaced with the Wikileaks disclosures two years ago, described a series of separate public relations strategies, unrolled at dozens of press junkets and biotech conferences, aimed at convincing scientists, media, industry, farmers, elected officials and others of the safety and benefits of GM producs…The public relations effort unrolled by the State Department also ventured into legal terrain, accotrding to the report. US officials stationed overseas opposed GM food labelling laws as well as rules blocking the import of GM foods. The report notes that some of the lobbying effort had direct benefits. About 7% of the cables mentioned specific companies, and 6% mentioned Monsanto. “This corporate diplomacy was nearly twice as common as diplomatic efforts on food aid,” the report said….

In some instances, there was little pretence at hiding that resort to pressure – at least within US government circles. In a 2007 cable, released during the earlier Wikileaks disclosures, Craig Stapleton, a friend and former business partner of George Bush, advised Washington to draw up a target list in Europe in response to a move by France to ban a variety of GM Monsanto corn.  “Country team Paris recommends that we calibrate a target retaliation list that causes some pain across the EU since this is a collective responsibility, but that also focuses in part on the worst culprits,” Stapleton wrote at the time.”The list should be measured rather than vicious and must be sustainable over the long term, since we should not expect an early victory. Moving to retaliation will make clear that the current path has real costs to EU interests and could help strengthen European pro-biotech voices,” he wrote.

Excerpts, Suzanne Goldenberg,Diplomatic cables reveal aggressive GM lobbying by US officials, Guardian, May 15, 2013

The Nuclear Village in Japan

After an earthquake and tsunami created a creeping nuclear catastrophe two years ago the Democratic Party of Japan (DPJ) said it would get the country out of nuclear energy by 2040. Although it quickly backtracked, almost all of Japan’s 50 commercial reactors are still lying idle.

In February this year (2013), Shinzo Abe, leader of the then incoming Liberal Democratic Party (LDP), said the new government would restart reactors after they passed a forthcoming set of new safety tests. The country’s “nuclear village”, a cosy bunch from industry and government, cheered. But now the stricken Fukushima Dai-ichi plant is starting to alarm the public once more. On April 15th, 2013 the International Atomic Energy Agency (IAEA), a UN body, flew in to investigate a series of dangerous incidents.

A power outage in March (2013) left four underground pools that store thousands of the plant’s nuclear fuel rods without fresh cooling water for several hours. A rat, it later emerged, had gnawed through a cable. Workmen laying down rat-proof netting caused another outage. Then this month regulators discovered that thousands of gallons of radioactive water had seeped into the ground; the plant’s operator had installed a jerry-rigged system of plastic sheeting, which sprang leaks. The quantity of contaminated water has become a crisis in its own right, the manager has admitted. And now the pipes used to transfer water to safer storage containers are leaking too.

Experts who examined the causes of the 2011 catastrophe reckon the LDP has paid too little attention to what went wrong. Kiyoshi Kurokawa, the chairman of a parliamentary investigation, says the country may be moving “too hastily back towards nuclear power, without fully regaining the trust of the Japanese public and the international community”. Yoichi Funabashi, a former editor of Asahi Shimbun newspaper who headed a private-sector investigation, says it is unfortunate that the 2012 election, which brought the LDP back to office, did not include a proper debate about the future of nuclear energy.

Now the set of policies known as “Abenomics” is making a return to nuclear power ever more pressing. The LDP is expected to push hard to restart plants if it wins a crucial election for the upper house of parliament this summer. Mr Abe’s focus on the economy has given greater say to the voice of business, including the big utilities whose plants are idle. Smaller firms clamour for cheaper power too.

Japan’s broader economic future may be at stake… [the deterioration of  overall current-account balance]  could affect Japan’s ability to keep funding its huge public debt domestically. A big cause is the cost of energy imported to fill the gap left by nuclear power. A weaker yen, the result of the central bank’s radical loosening of monetary policy, is further pushing up the price of imported oil and gas…[T]he public is still afraid of nuclear power. A nationwide poll  in February 2013 found that around 70% of respondents wanted either to phase out all the plants, or to shut them down immediately. Opposition is likely to be strongest at the local level, as regions move to switch their reactors back on. This week an Osaka court ruled on a suit brought by local residents to have Japan’s only two operating reactors, at the Oi plant in Fukui prefecture, shut down. They lost, but their suit looks like only the first of many battles

Japan’s nuclear future: Don’t look now, Economist, Apr. 20, 2013, at 44.

Choking Uranium Markets to Stop Nuclear Weapons

Making nuclear weapons requires access to materials—highly enriched uranium or plutonium—that do not exist in nature in a weapons-usable form.   The most important suppliers of nuclear technology have recently agreed guidelines to restrict access to the most sensitive industrial items, in the framework of the Nuclear Suppliers Group (NSG). Nevertheless, the number of countries proficient in these industrial processes has increased over time, and it is now questionable whether a strategy based on close monitoring of technology ‘choke points’ is by itself a reliable barrier to nuclear proliferation.  Time to tighten regulation of the uranium market?

Not all the states that have developed a complex nuclear fuel cycle have naturally abundant uranium. This has created a global market for uranium that is relatively free—particularly compared with the market for sensitive technologies….

Many African states have experienced increased investment in their uranium extractive sectors in recent years. Many, though not all, have signed and ratified the 1996 African Nuclear Weapon Free Zone (Pelindaba) Treaty, which entered into force in 2009. Furthermore, in recent years, the relevant countries have often worked with the IAEA to introduce an Additional Protocol to their safeguards agreement with the agency…

One proliferation risk inherent in the current system is that inadequate or falsified information connected to what appear to be legitimate transactions will facilitate uranium acquisition by countries that the producer country would not wish to supply….

A second risk is that uranium ore concentrate (UOC) is diverted, either from the site where it was processed or during transportation, so the legitimate owners no longer have control over it. UOC is usually produced at facilities close to mines—often at the mining site itself—to avoid the cost and inconvenience of transporting large quantities of very heavy ore in raw form to a processing plant.,,,UOC is usually packed into steel drums that are loaded into standard shipping containers for onward movement by road, rail or sea for further processing. The loss of custody over relatively small quantities of UOC represents a serious risk if diversion takes place regularly. The loss of even one full standard container during transport would be a serious proliferation risk by itself. There is thus a need for physical protection of the ore concentrate to reduce the risk of diversion at these stages.

A third risk is that some uranium extraction activity is not covered by the existing rules. For example, uranium extraction can be a side activity connected to gold mining or the production of phosphates. Regulations should cover all activities that could lead to uranium extraction, not only those where uranium extraction is the main stated objective.

Restricting access to natural uranium could be an important aspect of the global efforts to obstruct the spread of nuclear weapons

Excerpts, from  Ian Anthony and Lina Grip, The global market in natural uranium—from proliferation risk to non-proliferation opportunity, SIPRI, Apr. 13, 2013

Multinational Corporations in US Courts: Kiobel v. Shell

The Alien Tort Statute (ATS)… grants American district courts jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or of a treaty of the United States”. At the age of 190 it sprang back to life on April 6th 1979, when it was used to allow two Paraguayans to sue a former Paraguayan policeman in an American court for acts of torture committed in Paraguay.Since then, roughly 150 lawsuits have been filed against American and foreign corporations for actions committed around the world. Four local plaintiffs used the ATS to sue Unocal in a federal court in Los Angeles for human-rights violations allegedly committed during the construction of an oil pipeline in Myanmar. A human-rights organisation used it to sue Yahoo on behalf of two Chinese democracy activists for actions committed in China by a subsidiary. ATS suits against DaimlerChrysler and Rio Tinto, among others, are pending. Though most ATS cases have been dismissed or settled, the costs of settlements can be high and the negative publicity damaging.

Multinational companies will therefore cheer the Supreme Court’s unanimous decision in Kiobel v Royal Dutch Petroleum (Shell), released on April 17th, 2013. It dramatically limits the ability of plaintiffs to file suit against corporations in American courts for actions committed abroad.  The ruling stems from a case brought in New York by 12 Nigerian plaintiffs living in America. They allege that Shell was complicit in human-rights violations—including murder, rape, theft and destruction of property—committed by Nigeria’s armed forces in the region of Ogoniland. A federal appeals court dismissed their suit, arguing that the ATS provides no grounds for corporate-liability lawsuits. But as the 150 ATS suits show, other courts have disagreed. The Supreme Court agreed to hear the case in order to settle the question.

In an earlier ruling, in 2004, the court cautiously ruled that the ATS permitted lawsuits for “a modest number of international law violations”, such as piracy and crimes involving ambassadors, which would have been recognised when it was adopted. The court’s Kiobel ruling goes much further. It holds that the ATS does not apply to actions committed by foreign companies, and noted a strong presumption against applying American law outside the United States, “There is no indication,” wrote John Roberts, the chief justice, “that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms”.  In a separate concurrence, four of the court’s liberals took a slightly softer tack, arguing that the ATS should allow suits that prevent America from becoming “a safe harbour…for a torturer or other common enemy of mankind”. But that reasoning still does not permit foreign nationals to use American courts to sue foreign companies for acts committed on foreign soil.

Extraterritoriality: The Shell game ends, Economist, Apr. 20, 2013, at 34

U.S. Special Operations in 30 African Countries

The United States Army’s Transportation Command (US-TRANSCOM) is looking for private flight contractors to transport commandos from the Joint Special Taskforce Trans-Sahara as they conduct ‘high risk activities’ in 31 African countries.The pre-solicitation notice, issued by the US-TRANSCOM on 1 April, says the contractor will need to conduct air drops, fly commandos in and out of hostile territory and carry out short notice medical evacuation between 12 August 2013 and 27 June 2017. A 10.5 month base period will start in August this year to be followed by three one-year option periods.  [This is]  under the auspices of the US military’s Africa Command, under which the Joint Special Operations Task Force – Trans Sahara (JSOTF-TF) falls.

TRANSCOM is looking for aircraft able to carry at least six passengers and 2 500 pounds of cargo. From the US intelligence hub located in a military airfield in Ouagadougou, Burkina Faso..…”Services shall be based at Ouagadougou, Burkina Faso, with services provided to, but not limited to, the recognized political boundaries of Algeria, Burkina Faso, Cameroon, Central African Republic, Chad, Democratic Republic of the Congo, Ethiopia, Kenya, Libya, Mali, Mauritania, Morocco, Niger, Nigeria, Senegal, Sudan, South Sudan, Tunisia, and Uganda, as dictated by operational requirements. It is anticipated the most likely additional locations for missions from the above list would be to: Algeria, Burkina Faso, Cameroon, Chad, Libya, Mali, Mauritania, Morocco, Niger, Nigeria, Senegal, and Tunisia,” the Transcom work statement reads.

The expansion of US commando operations is focused on confronting the threat posed by Sahelian and sub-Saharan terror groups which include Al Qaeda in the Islamic Maghreb (AQIM), Ansar al Dine and the Movement for Oneness and Jihad in West Africa (MUJAO), which operate in nearly all north and north-west African countries. The operations are also aimed at confronting Al Qaeda inspired Nigerian Islamist militant groups Boko Haram and its more radical splinter movement Jamā atu Anṣāril Muslimīna fī Bilādis Sūdān (Vanguard for the Protection of Muslims in Black Africa), better known as Ansaru.

In East and Central Africa, the US special forces operations will target renegade rebel groups such as the Lord’s Resistance Army (LRA) and its leader Joseph Kony, Al Shabaab in Somalia, Islamic militant sleeper cells in the coastal areas of Kenya and Tanzania and various regional rebel groups operating in the eastern Democratic Republic of Congo. In yet another sign of intensifying US military and security interest in Africa, the US Defence Logistics Agency on April 12 issued a request for bids to provide the US Air Force with 547,500 gallons of No. 2 diesel fuel “for ongoing deliveries to Niamey Airport, Niger, (Africa).“The fuel is intended for a fleet of unarmed US Predator drones which are presently flying intelligence and surveillance missions from a military airport in Niamey into Mali, Niger, Nigeria, Mauritania, Algeria and other suspected terrorist locations in the Sahel.

Since 2009, private flight contractors engaged by US special operations forces have been operating Pilatus PC-12s on intelligence gathering and image collection missions over Uganda, Sudan, South Sudan, Central Africa Republic and other Central African states from a small airport located near the Ugandan city of Entebbe. 

Excerpt, Oscar Nkala, US Army seeking private contractors for African commando transportation, www.defenceweb.co.z, May 7, 2013

The Nanosecond Decision to Kill: drones

These are excerpts from the report of the UN Special Rapporteur Christof Heyns,  Apr. 9, 2013

What are Lethal Autonomous Robotics?

Robots are often described as machines that are built upon the sense-think-act paradigm: they have sensors that give them a degree of situational awareness; processors or artificial intelligence that “decides” how to respond to a given stimulus; and effectors that carry out those “decisions”. …   Under the currently envisaged scenario, humans will at least remain part of what may be called the “wider loop”: they will programme the ultimate goals into the robotic systems and decide to activate and, if necessary, deactivate them, while autonomous weapons will translate those goals into tasks and execute them without requiring further human intervention. Supervised autonomy means that there is a “human on the loop” (as opposed to “in” or “out”), who monitors and can override the robot‟s decisions. However, the power to override may in reality be limited because the decision-making processes of robots are often measured in nanoseconds and the informational basis of those decisions may not be practically accessible to the supervisor. In such circumstances humans are de facto out of the loop and the machines thus effectively constitute LARs.

Examples of  Lethal Autonomous Robotics

  • The US Phalanx system for Aegis-class cruisers automatically detects, tracks and engages anti-air warfare threats such as anti-ship missiles and aircraft.
  • The US Counter Rocket, Artillery and Mortar (C-RAM) system can automatically destroy incoming artillery, rockets and mortar rounds.
  • Israel‟s Harpy is a “Fire-and-Forget” autonomous weapon system designed to detect, attack and destroy radar emitters.
  • The United Kingdom Taranis jet-propelled combat drone prototype can autonomously search, identify and locate enemies but can only engage with a target when authorized by mission command. It can also defend itself against enemy aircraft.
  • The Northrop Grumman X-47B is a fighter-size drone prototype commissioned by the US Navy to demonstrate autonomous launch and landing capability on aircraft carriers and navigate autonomously.
  • The Samsung Techwin surveillance and security guard robots, deployed in the demilitarized zone between North and South Korea, detect targets through infrared sensors. They are currently operated by humans but have an “automatic mode”.

Advantages of Lethal Autonomous Robotics

LARs will not be susceptible to some of the human shortcomings that may undermine the protection of life. Typically they would not act out of revenge, panic, anger, spite, prejudice or fear. Moreover, unless specifically programmed to do so, robots would not cause intentional suffering on civilian populations, for example through torture. Robots also do not rape.

Disadvantages of Lethal Autonomous Robotics

Yet robots have limitations in other respects as compared to humans. Armed conflict and IHL often require human judgement, common sense, appreciation of the larger picture, understanding of the intentions behind people‟s actions, and understanding of values and anticipation of the direction in which events are unfolding. Decisions over life and death in armed conflict may require compassion and intuition. Humans – while they are fallible – at least might possess these qualities, whereas robots definitely do not.

Full Report PDF

Foreign Corporate Immunity: Chevron/Canada v. Ecuador

A Toronto judge halted on May 1, 2013 an effort to enforce a $19 billion Ecuadorean judgment against U.S. oil company Chevron Corp in Canada, finding that his Ontario provincial court was the wrong place for the case.  The action is the latest skirmish in a two-decade conflict between Chevron and residents of Ecuador’s Lago Agrio region over claims that Texaco, which Chevron acquired in 2001, contaminated the area from 1964 to 1992.

Citing Chevron’s promise to fight the plaintiffs until “hell freezes over, and then fight it out on the ice,” Justice David Brown of the Ontario court foresaw a “bitter, protracted” battle that would be costly and time consuming.  “While Ontario enjoys a bountiful supply of ice for part of each year, Ontario is not the place for that fight,” Brown wrote in his ruling on Wednesday. “Ontario courts should be reluctant to dedicate their resources to disputes where, in dollars and cents terms, there is nothing to fight over.”

Alan Lenczner, principal lawyer in Toronto for the Ecuadorean plaintiffs, said they would definitely appeal, arguing that a multinational company could not be immune from enforcement in a country where it earns so much. “Chevron Corp itself earns no money,” he said in a statement. “All its earnings and profits come from subsidiaries including, importantly, Chevron Canada.”  Chevron Canada’s assets are worth more than $12 billion, the plaintiffs had said, and alongside separate actions in Argentina and Brazil, they had sought to persuade the Ontario court to collect the damages awarded to them by the South American court.

Chevron, the second-largest U.S. oil company, has steadfastly refused to pay, saying the February 2011 ruling by the court in Lago Agrio was influenced by fraud and bribery. A related fraud case goes to trial in New York in October.  The Supreme Court of Canada has ruled that the country’s courts can recognize and enforce foreign judgments in cases where there is a “reasonable and substantial connection” between the cause of the action and the foreign court. Chevron called Brown’s ruling a “significant setback” to the Ecuadoreans’ strategy of seeking enforcement against subsidiaries that were not parties to the Ecuador case.  “The plaintiffs should be seeking enforcement in the United States – where Chevron Corporation resides. In the U.S., however, they would be confronted by the fact that eight federal courts have already found the Ecuador trial tainted by fraud,” Chevron said in a statement. Last month, a consulting firm whose work helped lead to the $19 billion award against Chevron disavowed some environmental claims used to obtain the judgment.

Excerpt, Judge halts Chevron-Ecuador enforcement action in Canada, Reuters, May 1, 2013

Fighting Biopiracy: European Union

The European Union is debating a biopiracy law requiring industry to compensate indigenous people if it makes commercial use of local knowledge such as plant-based medicines.  Under the law – based on the international convention on access to biodiversity, the Nagoya protocol – the pharmaceuticals industry would need the written consent of local or indigenous people before exploring their region’s genetic resources or making use of their traditional know-how. Relevant authorities would have the power to sanction companies which failed to comply, protecting local interests from the predatory attitude of big European companies.

A German pharmaceutical company’s dealings in South Africa [is an example of biopiracy].  Pelargonium sidoides, a variety of geranium known for its antimicrobial and expectorant qualities, has been used traditionally by indigenous communities in South Africa for centuries to treat bronchitis and other respiratory diseases. It also stimulates the nervous system, so has been used in the treatment of AIDS and tuberculosis.  In 2000, the German company Schwabe made significant profits on Umckaloabo, a product derived from the geranium, without compensating local communities. It then filed patents claiming exclusive rights to the medical use of the plant.

But in 2010 the patents were cancelled following appeals from the African Centre for Biosafety in South Africa and the Bern Declaration in Switzerland, calling the patents “an illegitimate and illegal monopolization of genetic resources derived from traditional knowledge and a stark opposition to the Convention on Biodiversity.”…[The] law would help protect biodiversity and ensure that the people from the region are adequately compensated for their resource and their traditional know-how. …The need to ensure the property rights of indigenous populations becomes more pressing as industry looks more and more to plant and animal-based cures to common diseases.Only 16 countries have ratified the Nagoya protocol. The European Union and its 24 of its 27 member states have signed the convention, but are yet to ratify it. When they do, Nagoya should soon reach the 50 states needed for it to come into force…  “The 16 states are countries in the South…

Excerpts, EU ponders biopiracy law to protect indigeneous people, EurActiv, April 26,  2013

See also EU portal on Biodiversity and Benefits Sharing

See also article on Alice v. Schwabe

Tax Havens: Micro-States in Europe

Armed with a cache of more than 2m documents, leaked from two offshore service providers, a group of investigative journalists has spent the past week publishing articles that lift the lid on thousands of companies and trusts set up in the British Virgin Islands and Cook Islands. The vast client list ranges from Asian politicians to Canadian lawyers—and no fewer than 4,000 Americans. For an industry that peddles secrecy and likes to operate in the shadows it is all rather embarrassing.

Opinions vary on the impact of the leaks. Tax campaigners have cheered it as a “game changer”. Offshore operators counter that most of the activity uncovered is legal. So what if President François Hollande’s former campaign treasurer has a Cayman Islands company? So do thousands of banks and hedge funds. Nevertheless, the affair will add to international scrutiny of tax havens. The pressure on them has grown as governments scramble to plug fiscal holes and push for the systematic exchange of tax information across borders. Germany’s finance minister welcomed the leak, hopeful that it would provide leverage to force more co-operation from “those who have been more reticent” to rein in the havens.

Faced with an end to the days of easy money, offshore jurisdictions are being forced to rethink their strategies. One of the more proactive has been Liechtenstein, nestled between Switzerland and Austria. The principality has long been popular with European tax dodgers, but growth accelerated when Swiss banks hawked Liechtenstein foundations to clients worldwide. This lucrative niche was damaged in 2008 when the former head of Germany’s postal service and many others were caught hiding money in the principality.

Under pressure from Germany and America, Liechtenstein buckled, agreeing to dilute bank secrecy and to exchange tax information. It has since signed many bilateral tax agreements and clamped down on money-laundering. The local financial industry has paid a high price for this. Liechtenstein banks’ client assets declined by almost 30% in the five years to 2011, to SFr110 billion ($118 billion)…

Other offshore centres must also attempt to square this circle. Next may be Luxembourg, a leader in offshore banking and tax avoidance. Bowing to greatly intensified pressure from its neighbours since the Cyprus debacle, the Grand Duchy has dropped its long-held opposition to swapping information about non-resident depositors with other EU countries. Jean-Claude Juncker, the prime minister, said the policy shift was about “following a global movement”, not caving in to German demands. Whether automatic information exchange can be introduced “without great damage”, as he confidently declared, remains to be seen.

Offshore finance: Leaky devils, Economist, April 13, 2013, at 71

A Love Affair with Iran: Glencore and Trafigura

Glencore, a commodity trading house run by the billionaire Ivan Glasenberg, traded $659m (£430m) of goods, including aluminium oxide, to Iran last year, the Guardian has established.  The company…has admitted that some of its aluminium oxide ended up in the hands of Iranian Aluminium Company (Iralco).  Trafigura, another commodity trading house, has also admitted to trading an unspecified aluminium oxide (also known as alumina) with Iralco in the past.

The International Atomic Energy Agency has named Iralco as supplying aluminium to Iran Centrifuge Technology Company (Tesa), which is part of the Atomic Energy Organisation of Iran (AEOI). Aluminium oxide is an important material in gas centrifuges used to enrich uranium.  At the time of the Glencore and Trafigura trades with Iralco, it was not illegal or a breach of sanctions to supply Iran with alumina. It is unknown whether Glencore or Trafigura’s alumina passed from Iralco to Tesa, or whether it was used in centrifuge construction.

Since 2006, AEOI has been subject to UN sanctions designed to prevent Iran’s nuclear armament ambitions. Trading with Tesa has been specifically banned under US, EU and UK sanctions since July 2010. Iralco was added to the EU sanctions list in December 2012.  Glencore said it “ceased transactions” with Iralco immediately when it learned of its links with Tesa, and the last trade was in October 2012. “Prior to EU sanctions in December 2012, we were not aware of a link/contract between Iralco and Tesa,” the company said in a statement.  Glencore said it is “reliant on the relevant regulatory bodies/governments to advise us on developments in who we can/can’t do business with”.

Tehran, which some experts say already has enough enriched uranium to make several nuclear weapons, is in the middle of upgrading its stock of more than 10,000 centrifuges. The IAEA said Iran is replacing outdated centrifuges with thousands of more powerful IR-2m models.  Experts at the Institute for Science and International Security (Isis) in London said: “Iran is trying to replace maraging [super-strong] steel end-caps with high strength aluminium end-caps.”  Mark Fitzpatrick, director of Isis’s nonproliferation and disarmament programme, said the new centrifuges could enrich uranium four to five times faster than the existing ones. Iran insists its enriched material is for peaceful use, not for nuclear weapons, but it has refused to allow IAEA inspectors into several of its atomic facilities.

The Guardian has learned that Glencore traded $659m worth of metals, wheat and coal with Iranian entities during 2012. Buried deep in its annual report, one of Glencore’s US affiliates, Century Aluminium, 46% owned by Glencore, states: “During 2012 non-US affiliates of the largest stockholder of the company [Glencore] entered into sales contracts for wheat and coal as well as sale and purchase contracts for metal oxides and metals with Iranian entities, which are either fully or majority owned by the GOI [government of Iran].”…..

Trafigura, which came to global political attention when it was revealed that a licensed independent contractor of a ship it had chartered dumped tonnes of toxic oil slops in Ivory Coast, said: “We can confirm that Trafigura has traded with Iralco in the past. In October 2011, a physical swap agreement was reached whereby Trafigura provided alumina to Iralco in return for aluminium for Trafigura to export worldwide. No deliveries have been made or exports received since new EU sanctions were published in December 2012.

Excerpts, Rupert Neate, Glencore traded with Iranian supplier to nuclear weapon’s programme, Guardian,  Apr. 21, 2013

The Arms Trade Treaty and $70bn Weapons Market

[T] global Arms Trade Treaty (ATT) … was overwhelmingly approved by 154 countries on April 2nd, 2013 by the General Assembly of the United Nations.  The next stage is for those countries which voted for the treaty to begin formally signing up to it in early June. Each signatory country will then have to ratify it at home. The treaty will come into legal force 90 days after the 50th country has ratified it—perhaps as soon as the end of this year. For some, ratification will be a simple process; for others it could prove harder.

The Obama administration is a strong supporter and likely to sign up soon. But getting the two-thirds majority in the Senate needed for ratification will be a struggle, even though the American Bar Association has confirmed the treaty does not infringe any constitutional right to bear arms (as the NRA claims). America’s defence industry also supports it, hoping to bring other countries’ arms

Whatever difficulties may lie ahead, supporters of the treaty to regulate the $70-billion-a-year trade in arms are jubilant. It is the climax of a campaign that began a decade ago. It had especially strong support from African and Caribbean countries where society has been torn apart by civil war or transnational crime, both stoked by the illicit trade in small arms. The deal involved compromises: for example, a weaker section on munitions. But what a senior diplomat close to the negotiations describes as “the heart” of the treaty—the prohibitions section—is alive and beating.

The ATT requires states to establish regulations for arms imports and exports in eight main categories: battle tanks, armoured combat vehicles, large-calibre artillery, combat aircraft, attack helicopters, warships, missiles and missile launchers, and small arms and light weapons. They must assess whether their transfer could lead to serious violations of international humanitarian law, terrorism or organised crime. They must take into account the risk of serious acts of violence against civilians, particularly women and children. An overriding risk of any of these consequences means states must block the deal.

States must also report annually on all their arms transfers to a UN-run “implementation support unit”. The aim is to shine a light on a previously murky business and make governments accountable under the terms of the treaty. The main sanction is embarrassment. That may seem feeble, but previous treaties on landmines and cluster bombs have set a new global norm which makes it shameful to use such weapons indiscriminately.

The abstainers include big arms exporters (China and Russia) and importers (India, Saudi Arabia, Egypt and Indonesia). But they may sign up later. Russia says it needs more time, while China (surprising some) played a constructive role, apparently influenced by the African countries with which it has forged close commercial ties. Both may find they pay an economic price if their arms industries are increasingly excluded from global supply chains. It will take time for new standards of behaviour to establish themselves, but the push has begun and the treaty can be further strengthened over time. For the moment, says a diplomat involved with the treaty over many years, what has been achieved is “pretty damn good”.

Regulating the weapons trade: A Killer Deal, Economist, April 6, 2013, at 69

 

Tibet – Mineral Resources, Fragile Ecology

The ecology of the Tibetan plateau, noted the Ministry of Land and Resources two years ago, is “extremely fragile”. Any damage, it warned, would be difficult or impossible to reverse. But, it went on, the China National Gold Group, a state-owned company, had achieved “astonishing results” in working to protect the environment around its mine near the region’s capital, Lhasa. On March 29th at least 83 of the mine’s workers lay buried under a colossal landslide. Its cause is not yet certain, but critics of Tibet’s mining frenzy feel vindicated.

The disaster at the Jiama copper and gold mine, about 70km (45 miles) north-west of Lhasa, has clearly embarrassed the government in Beijing. According to China Digital Times, a California-based media-monitoring website, the Communist Party ordered newspapers to stick to reports issued by the government and the state-owned news agency, Xinhua.

Foreign reporters are rarely allowed into Tibet, least of all to cover sensitive incidents. The official media have avoided speculation about any possible link between the landslide and mining activities in the area. They say the landslide covered a large area with 2m cubic metres of rubble. By the time The Economist went to press, 66 bodies had been pulled out by teams of rescuers with sniffer dogs. The high altitude and lack of oxygen made rescue work hard. A deputy minister of land and resources, Xu Deming, said preliminary investigations had shown that the landslide was caused by a “natural geological disaster”. Fragments of rock left behind by receding glaciers are being blamed, though officials do not explain why the workers’ camp was set up so close to such an apparent hazard.

The Tibetan government-in-exile based in India says it fears the disaster was caused by work related to the mine, which appears to have grown rapidly since construction began in 2008. It was formally opened two years later, at a ceremony attended by Tibet’s most senior officials. The $520m investment was described at the time as the biggest in Tibet’s mining industry by a firm belonging to the central government. The mine is owned by China Gold International Resources, a company listed in Hong Kong and Toronto. China National Gold Group is the controlling shareholder.

Tibet has been trying hard in recent years to encourage such companies to dig up the plateau’s metals and minerals. It has a lot of them to offer: China’s biggest reserves of copper and chromite (used in steel production), among the world’s biggest of lithium (used to make batteries), as well as abundant reserves of uranium, gold, borax (a component of ceramics and glass) and oil. Extracting these, however, often involves boring into a landscape considered sacred by Tibetans.

The Jiama mine, in a valley known to Tibetans as Gyama and revered as the birthplace of a seventh-century Tibetan king, has been the focus of protests by locals angered by environmental and other issues. Water from the valley flows into the Lhasa river. Woeser, a Tibetan activist based in Beijing, has blogged about locals’ fear that their water supplies will be polluted.

Tibetan resentment has been fuelled by the mining industry’s failure to provide much direct employment.

Excerpts, Mining in Tibet: The price of gold, Economist, April 6, 2013, at 54

How the US Persecutes Hacktivists

The government is treating hackers who try to make a political point as serious threats.   [T]he state has come down on them with remarkable force. This is in large measure evidence of how poignant, and troubling, their message has been.

Hacktivists, roughly speaking, are individuals who redeploy and repurpose technology for social causes. In this sense they are different from garden-variety hackers out to enrich only themselves. People like Steve Jobs, Steve Wozniak and Bill Gates began their careers as hackers — they repurposed technology, but without any particular political agenda. In the case of Mr. Jobs and Mr. Wozniak, they built and sold “blue boxes,” devices that allowed users to defraud the phone company. Today, of course, these people are establishment heroes, and the contrast between their almost exalted state and the scorn being heaped upon hacktivists is instructive.

For some reason, it seems that the government considers hackers who are out to line their pockets less of a threat than those who are trying to make a political point. Consider the case of Andrew Auernheimer, better known as “Weev.” When Weev discovered in 2010 that AT&T had left private information about its customers vulnerable on the Internet, he and a colleague wrote a script to access it. Technically, he did not “hack” anything; he merely executed a simple version of what Google Web crawlers do every second of every day — sequentially walk through public URLs and extract the content. When he got the information (the e-mail addresses of 114,000 iPad users, including Mayor Michael Bloomberg and Rahm Emanuel, then the White House chief of staff), Weev did not try to profit from it; he notified the blog Gawker of the security hole.  For this service Weev might have asked for free dinners for life, but instead he was recently sentenced to 41 months in prison and ordered to pay a fine of more than $73,000 in damages to AT&T to cover the cost of notifying its customers of its own security failure.  When the federal judge Susan Wigenton sentenced Weev on March 18, she described him with prose that could have been lifted from the prosecutor Meletus in Plato’s “Apology.”

“You consider yourself a hero of sorts,” she said, and noted that Weev’s “special skills” in computer coding called for a more draconian sentence. I was reminded of a line from an essay written in 1986 by a hacker called the Mentor: “My crime is that of outsmarting you, something that you will never forgive me for.”  When offered the chance to speak, Weev, like Socrates, did not back down: “I don’t come here today to ask for forgiveness. I’m here to tell this court, if it has any foresight at all, that it should be thinking about what it can do to make amends to me for the harm and the violence that has been inflicted upon my life.”  He then went on to heap scorn upon the law being used to put him away — the Computer Fraud and Abuse Act, the same law that prosecutors used to go after the 26-year-old Internet activist Aaron Swartz, who committed suicide in January.  The law, as interpreted by the prosecutors, makes it a felony to use a computer system for “unintended” applications, or even violate a terms-of-service agreement. That would theoretically make a felon out of anyone who lied about their age or weight on Match.com.

The case of Weev is not an isolated one. Barrett Brown, a journalist who had achieved some level of notoriety as the “the former unofficial not-spokesman for Anonymous,” the hacktivist group, now sits in federal custody in Texas. Mr. Brown came under the scrutiny of the authorities when he began poring over documents that had been released in the hack of two private security companies, HBGary Federal and Stratfor. Mr. Brown did not take part in the hacks, but he did become obsessed with the contents that emerged from them — in particular the extracted documents showed that private security contractors were being hired by the United States government to develop strategies for undermining protesters and journalists, including Glenn Greenwald, a columnist for Salon. Since the cache was enormous, Mr. Brown thought he might crowdsource the effort and copied and pasted the URL from an Anonymous chat server to a Web site called Project PM, which was under his control…..

Other hacktivists have felt the force of the United States government in recent months, and all reflect an alarming contrast between the severity of the punishment and the flimsiness of the actual charges. The case of Aaron Swartz has been well documented. Jeremy Hammond, who reportedly played a direct role in the Stratfor and HBGary hacks, has been in jail for more than a year awaiting trial. Mercedes Haefer, a journalism student at the University of Nevada, Las Vegas, faces charges for hosting an Internet Relay Chat channel where an Anonymous denial of service attack was planned. Most recently, Matthew Keys, a 26-year-old social-media editor at Reuters, who allegedly assisted hackers associated with Anonymous (who reportedly then made a prank change to a Los Angeles Times headline), was indicted on federal charges that could result in more than $750,000 in fines and prison time, inciting a new outcry against the law and its overly harsh enforcement. The list goes on.

In a world in which nearly everyone is technically a felon, we rely on the good judgment of prosecutors to decide who should be targets and how hard the law should come down on them. We have thus entered a legal reality not so different from that faced by Socrates when the Thirty Tyrants ruled Athens, and it is a dangerous one. When everyone is guilty of something, those most harshly prosecuted tend to be the ones that are challenging the established order, poking fun at the authorities, speaking truth to power — in other words, the gadflies of our society.

Excerpts, By PETER LUDLOW, Hacktivists as Gadflies, NY Times, April 13, 2013

HardBall: Chevron and the Oil Pollution in Amazon

An environmental case that has pitted Chevron against Ecuadorean Amazon villagers for two decades has taken another bizarre twist, with an American consulting firm now recanting research favorable to the villagers’ claims of pollution in remote tracts of jungle.  The consulting firm, Stratus Consulting of Boulder, Colo., announced late Thursday (April 11, 2013) that it had originally been misled by Steven R. Donziger, a lead lawyer for the Ecuadorean villagers, and had decided to disavow its contributions to scientific research about whether there was groundwater contamination that sickened the residents in swaths of rain forest.

The move prompted the plaintiffs to assert that Chevron was coercing parties to the case, citing this as another example of strong tactics employed by the company as it tries to overturn an Ecuadorean judge’s decision two years ago that it pay $18 billion in damages, one of the largest environmental awards ever. In this instance, the plaintiffs claim that Chevron pressured Stratus to retract its assessment in exchange for dismissal of legal claims in a countersuit filed by Chevron made against the firm — claims that could have pushed the consulting business into bankruptcy.  “Stratus deeply regrets its involvement in the Ecuador litigation,” the firm said. It remains unclear whether this development with Stratus will have much impact on Chevron’s appeals, because the judge also based his ruling on other environmental assessments. The judge ruled that back in the 1970s, Texaco had left an environmental mess in oil drilling operations while operating as a partner with the Ecuadorean state oil company, and that Chevron, which bought Texaco in 2001, must apologize for and was liable for the damage.

Chevron has refused to apologize. In addition to appealing the decision in the Ecuadorean courts, Chevron also filed a countersuit in federal court in New York against Mr. Donziger and Stratus Consulting, accusing them of racketeering and fraud. Because Stratus has now retracted its statements on the Ecuadorean pollution, Chevron agreed not to pursue claims against the firm anymore. On Friday, Chevron filed witness statements from Douglas Beltman, a Stratus vice president, and Ann Maest, a Stratus scientist, in which they now say they were not aware of scientific evidence of groundwater contamination in the former Texaco concession area or of any adverse health impact to people from the operations.

Mr. Beltman stated that “at Donziger’s direction,” he drafted portions of a report in the first person as if it were written by Richard Cabrera, the supposedly independent expert, that detailed environmental damage for the Ecuadorean court. “Donziger stressed to me and Ann Maest the importance of Stratus ensuring that no one learn of Stratus’ involvement in any aspect of the Cabrera Report or Responses,” he said.  In an interview, Mr. Beltman said, “This settlement was extensively negotiated with Chevron and we think it’s fair and it’s not extortion.”  Mr. Donziger said he could not comment since he was a defendant in the racketeering case filed by Chevron.

It was not immediately clear what impact Stratus’s recantation would have on the case. Chevron’s appeal is before Ecuador’s highest court, the National Court of Justice, and the company is defending itself in courts in Canada, Argentina and Brazil to avoid paying damages in those countries. The plaintiffs are waging an international campaign seeking damages because Chevron has no assets in Ecuador itself…

Kent Robertson, a Chevron spokesman, said the statements should uphold the company’s position in the American racketeering case and in the international enforcement proceedings. “The declarations today show there is no scientific evidence to support the plaintiffs’ lawyers’ allegations,” he said.

Craig Smyser, a lawyer for some of the Ecuadorean plaintiffs, said the statements by the consulting firm “should have almost no effect” because the Ecuadorean judge relied on many expert reports other than the one that Stratus was involved in.  He attributed the decision by Stratus to repudiate its earlier work to the “immense financial strain that threatened the financial extinction of the firm, including a campaign by Chevron to discredit Stratus with various government agencies and businesses with which Stratus worked.”

Chevron has been playing hardball for at least four years. The company produced video recordings from pens and watches wired with bugging devices that suggested a bribery scheme surrounding the proceedings and involving a judge hearing the case. An American behind the secret recordings was a convicted drug trafficker.  But the oil company appeared to gain the upper hand three years ago when it won a legal bid to secure the outtakes from a documentary about the case, “Crude,” in which Mr. Donziger was shown describing the need to pressure a Ecuadorean judge and boasting of meetings with Ecuadorean officials.

In a sworn statement filed in an American court, Alberto Guerra, an Ecuadorean judge who heard the Chevron case in 2003 and 2004, accused Nicolas Zambrano, the judge who issued the $18 billion verdict against Chevron, of taking a $500,000 bribe from the plaintiffs. Mr. Zambrano denied the charge, and in his own affidavit, said that Mr. Guerra had told him that Chevron would offer him $1 million in return for a favorable judgment.  Chevron has denied offering any bribes.

By CLIFFORD KRAUSS, Consultant Recants in Chevron Pollution Case in Ecuador, NY Times, April 12, 2013

 

Funding its Enemies: United States

The U.S. government may accidentally be funneling millions of dollars to the very terrorists and insurgents it’s fighting in Afghanistan through sloppy contracting regulations, according to a new government report.  The report, called “Contracting With the Enemy”  (pdf) and published April 11, 2013 by the Special Inspector General for Afghanistan Reconstruction (SIGAR), examined the system designed to make sure that the U.S. reconstruction is not providing business for any individuals or groups associated with terrorist or insurgent organizations.  SIGAR said that due to “several weaknesses” in the long and complicated process, “millions of contracting dollars could be diverted to forces seeking to harm U.S. military and civilian personnel in Afghanistan and derail the multi-billion dollar reconstruction effort.”

The report centered on what’s known as Section 841, part of the 2012 National Defense Authorization Act that describes how the U.S. government is supposed to identify individuals or companies with suspected ties to insurgents, confirm that information, pass it along to the head of the contracting activity, then to the primary contractor and finally to the targeted subcontractors whose business deals would then be voided or restricted based on guidance from higher up.

SIGAR said Section 841 was part of a “variety of efforts” undertaken by the government to keep American contracting money out of terrorists’ hands in the wake of incidents like the $2.16 billion Host Nation Trucking contract. In that instance, SIGAR said, the U.S. government paid several companies to ship more than 70 percent of food and materiel to American troops in Afghanistan, only to realize that some of those funds were “widely believed to have been funneled to insurgents.”

Section 841 is still full of holes, SIGAR said, from the military not telling the head of contracting activity about potentially shady actors to the head of the contracting activity not telling their prime contractors.  The SIGAR report also notes that Section 841 only applies to contracts worth more than $100,000, even though it said approximately 80 percent of contracts awarded in Afghanistan are worth less than that.

SIGAR made seven recommendations to rectify the reporting loopholes, most to “improve visibility over active contracts” and one to ditch the $100,000 threshold on Section 841. The SIGAR report said the military in general agreed with those recommendations but plans to issue a formal response to the new report later.

US May Unwittingly Fund Terrorism in Afghanistan: Report, ABC News, Apr. 13, 2013

Greening the Shipping Industry

The shipping industry faces the cost of complying with a deluge of new rules(issued by the International Maritime Organisation (IMO)). To make matters worse, it is in the middle of a slump caused by too many ships chasing too little trade.  As the deadlines for all these rules approach, shipping bosses are firing off distress flares. Masamichi Morooka, chairman of the International Chamber of Shipping (ICS), a lobby group, lamented on March 19th that the cost could run into “hundreds of billions” of dollars. He begged regulators to take into account the dire state of shipping

One of the first big expenses will be for cleaner fuel. Ships used to burn the cheap, unrefined crud, laden with sulphur and other nasties, that is left over when oil is refined. The fine soot that such fuel gives off can cause premature deaths from asthma and heart attacks. So in 2005 the IMO started to limit the sulphur content of maritime fuel, especially in “emission-control areas” along heavily populated coasts in North America and Europe. These limits are set to be tightened drastically,  Such fuels currently cost about 50% more than unrefined “residual” grades…

Shipping firms are also under pressure to cut their emissions of carbon dioxide and other greenhouse gases. The IMO reckons that ships cause about 2.7% of total man-made emissions, a bit more than planes but a lot less than cars and trucks. Under a convention it has brought into force this year, ships will have to introduce fuel-economy measures with the aim of reducing their emissions by 20% by 2020 and 50% by 2050….

The IMO is also pressing on with planned new rules on cleaning up ships’ ballast water. These may come into effect this year, once enough national governments have signed up for them. A study last year in the Journal of Marine Engineering and Technology* reckoned that around 60,000 ships worldwide would need refitting with one or more cleansing units, costing up to $1.7m each. In that case, shipping firms could be whacked with a bill of the order of $50 billion…

New proposals to make shipping greener, and push it further into the red, keep popping up. This week the European Parliament’s environment committee backed proposals for recycling levies on vessels calling at EU ports. This would pay for safer scrapping of old ships, which can contain asbestos and other toxic materials….

At a conference in Athens recently John Platsidakis, a Greek shipping boss who chairs an association of bulk-cargo operators, grumbled: “We carry 90% of world trade and we emit only 2.7% of the CO2 but still we are treated as if we are acting with indifference to the environment.”…[A]irlines, for example, have lobbied more shrewdly than shipping firms. But then again, the shipping industry is bigger and more fragmented than aviation, making it harder for it to present a united front. Many small, family-owned shipping firms have publicity-shy bosses and lack the sophisticated public-relations machines that giant firms deploy….[T]he ICS seeks to represent the entire global merchant-shipping fleet with just 20 people. The industry’s sluggish lobbying has meant that rules get passed before it has a chance to object to them. And once they are passed, it is much harder to get them changed.

The shipping industry: Sinking under a big green wave, Economist, Mar. 30, 2013, at 69

Gas as Tool of Foreign Policy: Gazprom

The good times for Gazprom once seemed like they would never end. The world’s largest natural-gas producer, founded out of the old Soviet gas ministry, enjoyed sky-high gas prices for years. The gas flowed along pipelines into Europe; the profits flowed back. Gazprom began work on a $1.9 billion headquarters in St Petersburg and acted as a bottomless wallet for Russia’s rulers. Whatever problems it encountered, it could “drown with money”, as Natalia Volchkova of the New Economic School in Moscow puts it.  All this is now under threat. Its ageing gasfields are in decline. Thanks to America’s shale boom, gas is more plentiful on the world market. Gazprom’s European customers are realising that they have other choices. The prices it can charge are falling, and with them the firm’s prospects.

Years of easy money have made Gazprom fat and slow. It dominates its domestic market, producing 75% of Russia’s gas. It enjoys a monopoly over exports of the stuff. Until recently, it had a tight grip on western Europe, where it supplies around 25% of gas. It retains an even tighter grip on former Soviet-bloc countries in eastern Europe. For a long time, this insulated Gazprom from shifts in global gas markets.

Gazprom is not a normal company. It serves two masters. As a firm that issues shares to outside investors, it should in theory strive to maximise profits in the long run. But since it is majority-owned by the Russian state, it pursues political goals, too.  In practice, it serves one master more assiduously than the other. As President Vladimir Putin consolidated his power in the early 2000s, he built Gazprom into a main instrument of Russia’s new state capitalism. He appointed allies to top positions. He used Gazprom as a tool of foreign policy, for example by cutting off gas supplies to Georgia, Ukraine, Belarus and Moldova during political rows.  Gazprom’s deep pockets have helped Mr Putin at home, too. It sells gas cheaply in Russia, so that the poor do not freeze in winter. Oddly for an energy company, it has bought television stations and newspapers, all of which are now friendly to the Kremlin. Mikhail Krutikhin of RusEnergy, a consultancy, says, “Gazprom has one manager: Putin.”

With friends in high places, Gazprom has enjoyed low taxes and privileged access to gasfields. But its costs are startlingly high…And some projects favoured by Mr Putin are of questionable economic value. For example, he is dead set on building a $21-billion South Stream pipeline between southern Russia and Austria via eastern Europe. This project has political appeal because it would bypass troublesome Ukraine as the main transit route for gas to Europe. But given weak prices and demand, it is “commercial idiocy”, says Mr Krutikhin. The opening in 2011 of Nord Stream, an offshore pipeline to Germany, was a diplomatic coup for Mr Putin, but it is still running far below capacity….

Gas on the spot market is often much cheaper than Russian gas delivered under long-term contracts… Because so many of its customers are tied to contracts, the full effects of the global gas glut on Gazprom’s bottom line will not be felt straight away….   The final threat to Gazprom’s old way of doing business is legal. An antitrust probe launched by the European Commission alleges that Gazprom is using its dominant position in central and eastern Europe to restrict competition and hike prices. If it loses the case, it could face a fine of up to $14 billion and lose the mighty lever of being able to charge some European countries more than others.  An adverse ruling might also threaten its strategy of trying to dominate the European gas market by owning both the supplies and the means of distributing them. Gazprom has quietly bought gas pipelines and storage facilities. It has tried to strike deals whereby it lends money to impoverished European utilities in order to secure their custom. If this strategy stops working, Gazprom will no longer be such a potent foreign-policy tool for the Kremlin….

Gazprom’s future may involve more robust competition even at home. Two domestic rivals have emerged: Novatek, a gas producer part owned by Gennady Timchenko, an old acquaintance of Mr Putin’s, and Rosneft, a state-owned oil firm led by Mr Putin’s trusted adviser, Igor Sechin. Put together, non-Gazprom firms now account for a quarter of all Russian gas production….

The other way to get gas to Asia would be via pipeline. The obvious destination is China, which sits on Russia’s doorstep and is potentially the world’s biggest market for gas. The two countries have haggled unsuccessfully for a decade. In February they revealed they had agreed to everything related to pipeline exports apart from the price. China has signed up to import gas from Central Asia, Australia, the Middle East and west Africa; almost everywhere, in fact, except Russia. China refuses to pay Asian prices; Gazprom won’t budge.

Gazprom: Russia’s wounded giant, Economist, Mar. 30, 2013, at 69

The Secret Bugs: Exploits

Packets of computer code, known as “exploits”, allow hackers to infiltrate or even control computers running software in which a design flaw, called a “vulnerability”, has been discovered. Criminal and, to a lesser extent, terror groups purchase exploits on more than two dozen illicit online forums or through at least a dozen clandestine brokers, says Venkatramana Subrahmanian, a University of Maryland expert in these black markets. He likens the transactions to “selling a gun to a criminal”.

Just a dozen years ago the buying and selling of illicit exploits was so rare that India’s Central Bureau of Investigation had not yet identified any criminal syndicates involved in the trade, says R.K. Raghavan, a former director of the bureau. Underground markets are now widespread, he says. Exploits empower criminals to steal data and money. Worse still, they provide cyber-firepower to hostile governments that would otherwise lack the expertise to attack an advanced country’s computer systems, worries Colonel John Adams, head of the Marine Corps’ Intelligence Integration Division in Quantico, Virginia.

Exploits themselves are generally legal. Several legitimate businesses sell them. A Massachusetts firm called Netragard last year sold more than 50 exploits to businesses and government agencies in America for prices ranging from $20,000 to more than $250,000. Adriel Desautels, Netragard’s founder, describes some of the exploits sold as “weaponised”. The firm buys a lot from three dozen independent hackers who, like clients, are carefully screened to make sure they are not selling code to anyone else, and especially not to a criminal group or unfriendly government.

More than half of exploits sold are now bought from bona fide firms rather than from freelance hackers, says Roy Lindelauf, a researcher at the Netherlands Defence Academy. He declines to say if Dutch army or intelligence agencies buy exploits, noting that his government is still figuring out “what we’re allowed to do offensively”.Laws to ban the trade in exploits are being mooted. Marietje Schaake, a Dutch member of the European Parliament, is spearheading an effort to pass export-control laws for exploits. It is gathering support, she says, because they can be used as “digital weapons” by despotic regimes. For example, they could be used to monitor traffic on a dissident’s smartphone. However, for a handful of reasons, new laws are unlikely to be effective.

Exploits are a form of knowledge, expressed in computer code. Attempting to stop people from generating and spreading knowledge is futile, says Dave Aitel, a former computer scientist at America’s National Security Agency (NSA) who went on to found Immunity, a computer-security firm in Florida. He says that legal systems would not even agree on which code is good and which is bad. Many legal experts say code should be protected by free-speech laws—it is, after all, language expressed as strings of zeros and ones.

Moreover, tracking down exploits is hard. Hackers keep them secret so that the intended victim doesn’t identify and fix the vulnerability, thereby rendering the exploit worthless. As a French exploit developer puts it, those liable to be rapidly detected are about as useful as a “disposable gun” that can be fired just once. Secrecy surrounding the design, sale and use of exploits makes protecting computer networks from them akin to finding “unknown unknowns”, says Kenneth Geers, a cyber-security specialist at America’s Naval Criminal Investigative Service.

Several governments want firms to develop exploits. In 2010 a computer worm called Stuxnet was revealed to have attacked Iran’s nuclear kit. It used four main exploits to get in; at least one appears to have been bought rather than developed in-house by the government that launched the attack (presumably America or Israel), says David Lindahl, an IT expert at the Swedish Defence Research Agency, a government body in Stockholm. An unprecedented weapon, Stuxnet remained undetected for years by quietly erasing its tracks after “planting sabotage charges at exactly the right place” in Iran’s uranium-enrichment centrifuges, Mr Lindahl says.

Nearly all well-financed intelligence agencies buy exploits, says Eric Filiol, a lieutenant-colonel in computer intelligence for France’s army until 2009. Computer experts who years ago would reveal software vulnerabilities for mere prestige have realised that they were treating “diamonds as pebbles”, says Mr Filiol, now head of the Operational Cryptography and Computer Virology Lab in Laval. His lab is partly financed by France’s defence ministry to provide it with exploits.

The price of exploits has risen more than fivefold since 2004, Mr Filiol says, referring to a confidential document. They vary greatly, depending on three main factors: how hard the exploit is to develop; the number of computers to which it provides access; and the value of those computers. An exploit that can stealthily provide administrator privileges to a distant computer running Windows XP, a no-longer-fashionable operating system, costs only about $40,000. An exploit for Internet Explorer, a popular browser, can cost as much as $500,000 (see chart).

Software firms also buy exploits to identify and repair vulnerabilities in their products before others take advantage of them. A small Vancouver firm called Tarsnap, for example, has paid 30 people who pointed out flaws in its encryption software for online PC backups. To develop better defences for its clients’ computer systems, HP, an American giant, has spent more than $7m since 2005 buying hundreds of “zero days”, as undiscovered exploits are also known in hacker slang. (Once discovered, an exploit’s days are numbered, literally: it becomes a “one day”, then a “two day”, and so on until the vulnerability it exploits is patched.)

Such “bug bounty” schemes, however, will struggle to compete with buyers who want to exploit rather than seal vulnerabilities. Tarsnap’s biggest payout was just $500. Last year Google offered Vupen, a French firm, $60,000 for an exploit that burrowed into its Chrome browser. Vupen’s boss, Chaouki Bekrar, balked, noting that he could get more elsewhere.

Other reputable customers, such as Western intelligence agencies, often pay higher prices. Mr Lindelauf reckons that America’s spies spend the most on exploits. Vupen and other exploit vendors decline to name their clients. However, brisk sales are partly driven by demand from defence contractors that see cyberspace as a “new battle domain”, says Matt Georgy, head of technology at Endgame, a Maryland firm that sells most of its best exploits for between $100,000 and $200,000. He laments a rise in sales by unscrupulous vendors to dangerous groups.

On March 12th the head of the Pentagon’s Cyber Command, General Keith Alexander, warned the Senate Armed Services Committee that state-sponsored groups are stepping up efforts to steal and destroy data using “cybertools” purchased in illicit online markets. As an American military-intelligence official points out, governments that buy exploits are “building the black market”, thereby bankrolling dangerous R&D. For this reason, governments appear increasingly keen to develop exploits in-house. Paulo Shakarian, a cyberwar expert at West Point, an American military academy, says China appears to be moving in this direction.

Developing exploits in-house reduces the risk that a double-dealing vendor will resell code meant to be exclusive. Even so, the trade isn’t likely to fade away. When developers work out a trick that gives them control over the targeted software, they like to yell out a celebratory “who’s your daddy?” notes Pierre Roberge, boss of Arc4dia, a Quebec firm that sells exploits to spy agencies. Exploit trading will continue as long as people pay big money for the opportunity to utter the same joke—this time at the expense of a victim who has been hacked.

Cyber-security: The digital arms trade, Economist, Mar. 30, 2013, at 65.

The Sanctions Busters: Iran and Friends

The past 15 months have been grim for Iranian businesses which trade with the outside world. America has tightened sanctions against Iran’s financial system; the European Union has put an embargo on its oil; and international traders are wary of dealing with the country.Iranian businesses are used to fighting for survival. The Islamic Republic has faced sanctions of one sort or another since its creation in 1979. Parts for Iran’s ageing civilian airliners trickle in from the black market. A host of sanctioned products, from industrial chemicals to anti-aircraft missiles, come from China. Almost any good can be found in Iran, at a price.  Amir, a manager in a mining business, says he regularly meets British and German suppliers in Turkey, to obtain the most advanced equipment to tap Iran’s mineral wealth. “Foreign firms are terrified of doing something illegal, but in the end they are businessmen,” he says. “The Europeans send our cargoes to Dubai, documented as the final destination. From there we are in charge.” Amir uses Gulf middlemen to change the documents, for a fee of 3-5%, before the goods are shipped to Bandar Abbas, Iran’s largest port.

Because few international banks deal with sanctioned Iranian institutions, Iranian importers have to find roundabout ways of paying suppliers. Amir uses a network of Iranian go-betweens who own companies in South Africa and Malaysia to pay his suppliers’ Western banks. He says 30% of his revenues are spent on avoiding sanctions—not counting the time involved.

The sanctions have hit Iran’s oil industry the hardest. Iran’s government depends on oil for more than half of its revenue, but exports have fallen and grown more volatile. The country’s total production is a quarter less than the 3.6m barrels per day it pumped in 2011.  One way of keeping sales going is to dress up Iranian oil as Iraqi. Another trick is to move Iranian oil onto foreign tankers on the open sea. Once crews have switched off their ships’ tracking beacons, this is all but undetectable. The oil is sold at a discount. Fujairah, in the United Arab Emirates (UAE), is a big market for Iranian oil. Business is down, says Sajad, but European firms still trade with Iran, using Swiss subsidiaries which broker deals with the Iranians and collect the crude using tankers under the flag of a third country.

The sanctions have been a fillip for the few institutions still handling Iranian money. One foreign bank charges 5% on cash moving in or out of Iran, says an Iranian shipping source. Normal business rates are a fraction of a percent, but Iranian firms have little choice.

Sometimes the fear of sanctions is more effective than the sanctions themselves. A customer in the UAE owed $1.3m to Sajad’s shipping firm but would only send it in costly small instalments. Sajad flew to the Gulf to pick up the balance in cash. “I was nervous about what I would say to customs from either country if they checked my suitcase,” he says. “I decided I would tell the truth. I am not a criminal.” But no one did.

Dodging sanctions in Iran: Around the block, Economist, Mar. 3, 2013, at 68

It Can Cost Your Life: Shipping Minerals

A dark underbelly exists in Indonesia’s thriving trade with China. Since late 2010 five ships loaded with Indonesian minerals have sunk when bound for China, with huge loss of life. Little has been done to break the deadly trend. Indeed, plenty of interests have an incentive to hush it up. The latest ship to founder is the Harita Bauxite, a bulk carrier which sank on February 17th near the Philippines. Of its 24 crew, who were all or mainly from Myanmar, ten were rescued, one of whom later died. Fourteen were still missing when the search was called off two weeks later.

The vessel is thought to have been carrying nickel ore, a potentially deadly cargo, loaded on Obi island in the remote Indonesian province of Muluku and destined for China’s steel mills. In terms of the global bulk trade, shipments of nickel ore from Indonesia to China are tiny: just 2m-3m tonnes out of more than 4 billion tonnes of bulk goods carried each year on over 9,000 vessels. Yet this backwater trade accounted for four of the 20 bulk freighters lost worldwide during 2010-11, and for 66 of 82 deaths, according to Intercargo, an association of ship owners.

ll four ships were found to have sunk because the cargo had liquefied. Nickel ore is dangerous because if it gets too wet, the fine, claylike particles that are often present in the ore turn the cargo to a liquid gloop that sloshes about the holds with such momentum that even a giant ship can capsize. The four ships had loaded during Indonesia’s rainy season. The ore is typically stockpiled in the open. Quite how the Harita Bauxite foundered is not yet clear, but if liquefaction was a factor, as many in the shipping industry suspect, it will have been another entirely avoidable tragedy.

Preventing liquefaction should be fairly simple. It involves checking the moisture content of susceptible commodities. If they are too wet, a surveyor will deem the cargo unsafe and not to be loaded. Time and again in Indonesia, checks have been inadequate. With the bulk-shipping business in the doldrums, the profitable nickel trade is a siren call for ship owners and charterers. Indonesia’s ministers and mandarins in Jakarta, the capital, refuse to comment on the tragedies and have done little to tighten policing at faraway ports in Sulawesi, Muluku and Papua.

Ship captains report intimidation by miners and agents if they refuse to accept cargo. A leading marine insurer says the ports’ remoteness makes it hard to sample cargoes reliably. Local officials turn a blind eye to unsafe practices. Peter Lundahl Rasmussen at Bimco, a maritime association, says surveyors trying to do their job have been assaulted or arrested.

With insurance claims mounting, shipping bodies and insurers have issued plenty of instructions about how to load nickel ore safely, especially in Indonesia. The International Maritime Organisation (IMO), the UN agency responsible for shipping safety, is also taking steps to tighten the regulations for commodities that can suffer liquefaction.

But the IMO’s process is a glacial one, and the new rules will not clear its various committees and be promulgated until at least 2015. Even then, the organisation relies on its members to enforce regulations. In Indonesia, in other words, the impact of tighter rules may be minimal. Moreover, existing and planned legislation covers ore depots and the ports, but not the transit between the two, where rain may do its dangerous work. Steve Cameron at RTI, a risk consultancy, argues that it would be more effective if mining companies faced charges of corporate manslaughter for not ensuring that their ore reaches ships in good condition.

Shipping: Deadly Trade, Economist, Mar. 23, 2013, at 46.

 

The War on Dams

An Amazonian community has threatened to “go to war” with the Brazilian government after what they say is a military incursion into their land by dam builders.  The Munduruku indigenous group in Para state say they have been betrayed by the authorities, who are pushing ahead with plans to build a cascade of hydropower plants on the Tapajós river without their permission.  Public prosecutors, human rights groups, environmental organisations and Christian missionaries have condemned what they call the government’s strong-arm tactics.

According to witnesses in the area, helicopters, soldiers and armed police have been involved in Operation Tapajós, which aims to conduct an environmental impact assessment needed for the proposed construction of the 6,133MW São Luiz do Tapajós dam.  The facility, to be built by the Norte Energia consortium, is the biggest of two planned dams on the Tapajós, the fifth-largest river in the Amazon basin. The government’s 10-year plan includes the construction of four larger hydroelectric plants on its tributary, the Jamanxim.

Under Brazilian law, major infrastructure projects require prior consultation with indigenous communities. Federal prosecutors say this has not happened and urge the courts to block the scheme which, they fear, could lead to bloodshed.  “The Munduruku have already stated on several occasions that they do not support studies for hydroelectric plants on their land unless there is full prior consultation,” the prosecutors noted in a statement.

However, a court ruling last week gave the go-ahead for the survey. Government officials say that neither researchers nor logistical and support teams will enter indigenous villages. The closest they will get is about 30 miles from the nearest village, Sawré Maybu.  The ministry of mines and energy noted on its website that 80 researchers, including biologists and foresters, would undertake a study of flora and fauna. The army escort was made possible by President Dilma Rousseff, who decreed this year that military personnel could be used for survey operations. Officials say the security is for the safety of the scientists and the local population.

Missionaries said the presence of armed troops near Sawré Maybu village, Itaituba, was intimidating, degrading and an unacceptable violation of the rights of the residents.  “In this operation, the federal government has been threatening the lives of the people,” the Indigenous Missionary Council said. “It is unacceptable and illegitimate for the government to impose dialogue at the tip of a bayonet.”

The group added that Munduruku leaders ended a phone call with representatives of the president with a declaration of war. They have also issued open letters calling for an end to the military operation. “We are not bandits. We feel betrayed, humiliated and disrespected by all this,” a letter states.  One of the community’s leaders, Valdenir Munduruku, has warned that locals will take action if the government does not withdraw its taskforce by 10 April, when the two sides are set to talk. He has called for support from other indigenous groups, such as the Xingu, facing similar threats from hydroelectric dams.

Environmental groups have expressed concern. The 1,200-mile waterway is home to more than 300 fish species and provides sustenance to some of the most biodiverse forest habitats on Earth. Ten indigenous groups inhabit the basin, along with several tribes in voluntary isolation.  With similar conflicts over other proposed dams in the Amazon, such as those at Belo Monte, Teles Pires, Santo Antônio and Jirau, some compare the use of force to the last great expansion of hydropower during the military dictatorship. “The Brazilian government is making political decisions about the dams before the environmental impact assessment is done,” said Brent Millikan of the International Rivers environmental group.  “The recent military operations illustrate that the federal government is willing to disregard existing legal instruments intended to foster dialogue between government and civil society.”

Jonathan Watts, Amazon tribe threatens to declare war amid row over Brazilian dam project, Guardian, Aprl. 3, 2013

 

Gated Rainforests: the militarization of conservation

The  Epulu  village  in the Democratic Republic of Congo is situated inside a nature reserve in the Ituri rainforest, an area covering 5,000 square miles that is supposed to be off limits to hunters and gold prospectors. A militia, led by a former elephant poacher called Paul Sadala, has terrorised communities inside the reserve since 2012, employing methods brutal even by the grisly standards of this part of the world.

“The attacks were absolutely terrifying,” said Justin Oganda, a representative of the residents of Epulu who remain displaced in Mambasa, about 50 miles away. By the end of that day in June, the militiamen had murdered, raped, burned people alive and even eaten the flesh and heart of one of their victims. “To have killed so many people, to burn them alive, the cannibalism … Mentally they cannot be normal,” Oganda added.

As ever with Congo, it is not just a simple tale of victims and villains. Sadala, who goes by the nom de guerre Morgan, and his “Mai Mai Morgan” gunmen are thought to have powerful supporters in the security forces who enable their lucrative illegal trade in ivory and smuggled gold. Some local people with an eye on the gold in the ground beneath their feet tacitly support Morgan, who improbably also likes to be called Chuck Norris. “There is complicity between [Morgan] and certain elements within the army,” said Jefferson Abdallah Pene Mbaka, the MP for Mambasa. “With the support of certain army authorities [Mai Mai Morgan] have increased their poaching activities. The sale of ivory is organised by these figures in the army.” Many people in the region believe soldiers have orders not to arrest Morgan.

Morgan’s principal targets are those who operate and police the Unesco-recognised world heritage site known as the Okapi wildlife reserve, or by its French acronym, RFO. The laws of the reserve forbid the hunting of endangered species, especially elephants and okapi, and the exploitation of its gold reserves….The suspicion is that at least some of Morgan’s booty winds up 280 miles south-west of Epulu, in the hands of the Congolese army. At the end of 2012 the United Nations group of experts on Congo issued a report that accused Congolese general Jean Claude Kifwa in the provincial capital, Kisangani, of giving “arms, ammunition, uniforms and communication equipment to Mai Mai Morgan in exchange for ivory”….

Despite the brutality of the attacks, many reserve dwellers express sympathy for Morgan, with some even confessing to outright support for him. “I am behind Morgan,” said an 18-year-old in a small village not far from Epulu who refused to give his name. “Because Morgan is here the rangers cannot patrol and we are free to dig for gold. But I wouldn’t support him if he came here and burned our homes.”  Most people, however, have a more nuanced position, saying that although revolted by his methods, they support his stated desire to see the size of the reserve reduced and more rights given to locals to hunt and dig.  “The forest is where we find what we need to survive,” said Matope Mapilanga, the leader of a Pygmy community on the edge of the reserve. “[The park authorities] have cut our land, there is now a part we cannot access. It has worsened in the last few years, since the RFO got bigger. We would prefer that the people of the RFO weren’t in our forest. We feel like the big non-governmental organisations and the rangers have privileged the animals over the people.”

The conservationists remain unconvinced, though. “The people who say they support Morgan are just those people who want to dig gold and exploit timber,” said Robert Mwinyihali, the project leader for Wildlife Conservation Society’s (WCS) work in the Ituri rainforest. WCS has given financial backing to the park rangers and the Congolese Wildlife Authority’s work in the reserve. “There are laws in Congo about the exploitation of resources,” said Mwinyihali. “These people can either respect those laws, or they can ignore them and commit criminal acts.”  WCS and GIC’s support for the park rangers has led to accusations that they are partly responsible for the militarisation of the conflict. However, Mwinyihali said the biggest problem was the absence of effective intervention by the Congolese state, which meant NGOs and the park rangers had had to fulfil roles that should be the government’s responsibility: for example, bringing in armed guards to track Morgan. Bernard Iyomi Iyatshi, the director of park rangers, complained about a lack of government funds for his anti-poaching operations.

Mwinyihali also accused the Congolese government of doing little to reconcile the park authorities and local communities. As mutual resentment and misunderstanding grows, Morgan and other armed groups are able to exploit the toxic atmosphere and continue their poaching, digging and savage attacks.  “There are no job opportunities created by government investment here,” said Mwinyihali. “This has led to this crisis, where people have no option but to want to dig for gold. This leads to the conflict with the park authorities, and then it is only a small step to people taking up arms and joining militias.”  Despite being a member of the ruling party, Mbaka is an outspoken critic of the government’s policy, or lack of it, in the region. “Swaths of the park are inaccessible, there’s just no infrastructure,” he said. “It’s an absolute scandal, there’s potentially so much wealth here. It also means it is difficult to track and stop men like Morgan.”  Even if Morgan is caught, people fear that his powerful backers in the army will find another militia to continue poaching and stealing gold…

About 70% per cent of the ivory from slaughtered African elephants goes to China, another of the countries warned by Cites. The price of ivory has rocketed. Cites reported that the price more than doubled between 2004 and 2010, from about $300 to $700 (£198 to £462) a kilogramme. An Associated Press investigation in 2010 claimed ivory was being sold in China for $1,800 a kilogramme.

Excerpt, Pete Jones, Gold and poaching bring murder and misery to Congolese wildlife reserve, Guardian, Mar. 31, 2013

SeaWeb Live: drones, mules & gliders

UUVs [unmanned underwater vehicles]  will probably play a bigger role as roving wireless nodes that increase the reach of underwater networks. The latest “glider” UUVs consume very little battery power…. Already, gliders serving as “mules” are descending to sensors in deep water where they acoustically collect information. They then ascend to the surface and send the data via radio, says David Kelly, chief executive of Bluefin Robotics, which provides UUVs to half a dozen navies.

The US Navy has ordered several gliders to form underwater mobile networks. With no engine noise, a stealthy “swarm” of gliders could monitor submarines and ships entering a strait, for example, surfacing to transmit their findings. Floating gateway nodes, dropped from the air, allow messages to be sent to submerged devices via low-frequency acoustic signals. This scheme, known as Deep Siren and developed by Raytheon, an American defence contractor, has been tested by the British and American navies.

“Underwater networking will put an end to the ‘data starvation’ experienced by submarines”.  The combination of acoustic signalling and UUVs, which can deliver data physically, will put an end to the “data starvation” experienced by submarines, as America’s submarine command described it in a report last year. Often incommunicado, subs have been condemned to “lone wolf” roles, says Xavier Itard, head of submarine products at DCNS, a French shipbuilder. His firm is developing a funnel-shaped torpedo-tube opening that would make it easier for a UUV to dock with a submarine. Being able to send messages quickly via acoustic networks would enable submarines to take on more tactical roles—inserting special forces when needed to a nearby battlefield, say, or supporting ground operations by launching cruise missiles from the depths.

The Soviet-built ELF radio system remains a “backbone” of Russia’s submarine communications, according to a Norwegian expert. But in a clear vote of confidence in newer technologies, America shut down its own system in 2004. Thanks to steady progress in undersea networks, what was once a technological marvel was, a US Navy statement explained, “no longer necessary”. Whether via sound waves, laser pulses, optical fibres or undersea drones, there are now better ways to deliver data underwater.

Excerpt , Underwater networking: Captain Nemo goes online, Economist Technology Quarterly, Mar. 9, 2013, at 7

A Nuclear Superpower: South Korea

North Korea’s weapons program is not the only nuclear headache for South Korea. The country’s radioactive waste storage is filling up as its nuclear power industry burgeons, but what South Korea sees as its best solution — reprocessing the spent fuel so it can be used again — faces stiff opposition from its U.S. ally.  South Korea fired up its first reactor in 1978 and since then the resource-poor nation’s reliance on atomic energy has steadily grown. It is now the world’s fifth-largest nuclear energy producer, operating 23 reactors. But unlike the rapid growth of its nuclear industry, its nuclear waste management plan has been moving at a snail’s pace.

A commission will be launched before this summer to start public discussion on the permanent storage of spent nuclear fuel rods, which must be locked away for tens of thousands of years. Temporary storage for used rods in spent fuel pools at nuclear power plants is more than 70 percent full.  Undeterred by the Fukushima nuclear disaster or recent local safety failings, South Korea plans to boost atomic power to 40 percent of its energy needs with the addition of 11 reactors by 2024.  South Korea also has big ambitions to export its nuclear knowhow, originally transferred from the U.S. under a 1973 treaty that governs how its East Asian ally uses nuclear technology and explicitly bars reprocessing. The treaty also prohibits enrichment of uranium, a process that uranium must undergo to become a viable nuclear fuel, so South Korea has to get countries such as the U.S. and France to do enrichment for it.

That treaty is at the heart of Seoul’s current dilemma. It wants reprocessing rights to reduce radioactive waste and the right to enrich uranium, which would reduce a hefty import bill and aid its reactor export business. The catch: The technologies that South Korea covets can also be used to develop nuclear weapons.  Accommodating Seoul’s agenda would run counter to the Obama administration’s efforts to prevent the spread of nuclear weapons and also potentially undermine its arguments against North Korea’s attempts to develop warheads and Iran’s suspected nuclear weapons program. South Korea, with its history of dabbling in nuclear weapons development in the 1970s and in reprocessing in the early 1980s, might itself face renewed international suspicion.

“For the United States, this is a nonproliferation issue. For South Korea, this is the issue of high-level radioactive waste management and energy security,” said Song Myung Jae, chief executive officer of state-run Korea Radioactive Waste Management Corp. “For a small country like South Korea, reducing the quantity of waste even just a little is very important.”

Newly elected President Park Geun Hye made revision of the 38-year-old treaty one of her top election pledges in campaigning last year. The treaty expires in March 2014 and a new iteration has to be submitted to Congress before the summer. The two sides have not narrowed their differences on reprocessing and enrichment by much despite ongoing talks.  South Korea also argues that uranium enrichment rights will make it a more competitive exporter of nuclear reactors as the buyers of its reactors have to import enriched uranium separately while rivals such as France and Japan can provide it. It is already big business after a South Korean consortium in 2009 won a $20 billion contract to supply reactors to the United Arab Emirates. Former President Lee Myung Bak set a target of exporting one nuclear reactor a year, which would make South Korea one of the world’s biggest reactor exporters.

Doing South Korea a favor would be a huge exception for the U.S. Congress, which has never given such consent to non-nuclear weapon states that do not already have reprocessing or enrichment technology.  “It is not the case that we think Korea will divert the material. It’s not a question of trust or mistrust,” Sharon Squassoni, director of the Proliferation Prevention Program at the Center for Strategic and International Studies in Washington, said on the sidelines of the Asian Nuclear Forum in Seoul last month. “It’s a question of global policies.”

Nuclear waste storage is highly contentious in densely populated South Korea, as no one welcomes a nuclear waste dump in their backyard. Temporary storage for spent nuclear fuel rods at South Korea’s nuclear plants was 71 percent full in June, with one site in Ulsan — the heartland of South Korea’s nuclear industry — set to hit full capacity in 2016.

To accommodate the 100,000 tons of nuclear waste that South Korea is expected to generate this century, it needs a disposal vault of 20 sq. km in rock caverns some 500 meters underground, according to a 2011 study by analyst Seongho Sheen published in the Korean Journal of Defense Analysis. “Finding such a space in South Korea, a country the size of the state of Virginia, and with a population of about 50 million, would be enormously difficult,” it said.

The country’s first permanent site to dump less-risky, low-level nuclear waste such as protective clothes and shoes worn by plant workers will be completed next year after the government pacified opposition from residents of Gyeongju city, South Korea’s ancient capital, with 300 billion won ($274 million) in cash, new jobs and other economic benefits for the World Heritage city. The 2.1 million sq. meter dump will eventually hold 800,000 drums of nuclear waste.  “Opponents were concerned that the nuclear dump would hurt the reputation of the ancient capital,” said Kim Ik Jung, a medical professor at the Dongguk University in Gyeongju.

To make its demands more palatable to the U.S., South Korea is emphasizing a fledgling technology called pyroprocessing that it hopes will douse concerns about proliferation because the fissile elements that are used in nuclear weapons remain mixed together rather than being separated.  South Korea’s Atomic Energy Research Institute said pyroprocessing technology could reduce waste by 95 percent compared with 20 to 50 percent from existing reprocessing technology.

The U.S. has agreed to conduct joint research with South Korea on managing spent nuclear fuel, including pyroprocessing, but some scientists say the focus on an emerging technology that may not be economically feasible is eclipsing the more urgent need to address permanent storage of spent nuclear fuel.  “Even under the most optimistic scenario, pyroprocessing and the associated fast reactors will not be available options for dealing with South Korea’s spent fuel on a large scale for several decades,” said Ferenc Dalnoki-Veress, Miles Pomper and Stephanie Lieggi in a joint report for the James Martin Center for Nonproliferation Studies at the Monetary Institute of International Studies. “With or without pyroprocessing, South Korea will need additional storage capacity.”

But for South Korea, researching and developing the technology is a bet worth making.  “The U.S. does not need nuclear energy as desperately as South Korea,” said Sheen, a professor at Seoul National University.

YOUKYUNG LEE, Pact stifles South as nuke waste piles up, Japan Times, Mar. 27, 2013

Water Shortages in the MIddle East: Tigris and Euphrates

According to a study in Water Resources Research, an American scientific journal, between 2003 and 2009 the region that stretches from eastern Turkey to western Iran lost 144 cubic kilometres of fresh water.  That figure is vast. It is equivalent in volume to the Dead Sea and, according to the study’s senior author, Jay Famiglietti of the University of California, Irvine, implies that the region is suffering the world’s second-fastest rate of water depletion after northern India. The water table sank by 0.3 metres (one foot) a year in 2006-09. At the point where the Euphrates crosses from Syria into Iraq, it now flows at only 70% of the rate it once did. All this in an area that already faces severe water shortages.

The study provides the first accurate estimate of all the water in the basin. National statistics are flawed and incomplete; some figures are even state secrets. But the study uses satellite data from America’s NASA which is not subject to these restrictions. These satellites not only measure surface water by photographs but, thanks to precise measurements of the effect of bodies of water on the atmosphere, can even calculate the amount of water in the aquifer below them.

The main reason for the depletion turns out to be that more water is being taken out of the underground aquifer, mainly by farmers. The rate of loss accelerated after drought hit the region in 2007. Between 2007 and 2009, in response to reduced flows of water in the rivers, Iraq’s government dug 1,000 new wells and abstracted four-fifths of all its groundwater reserves. The aquifer is not being replenished at anything like that rate, so this cannot continue for long.

The rapid depletion has implications for managing the basin, which is shared by Turkey, Syria, Iraq and Iran. All the countries have extensive dams, reservoirs and other sorts of infrastructure on both rivers which control the water’s flow. But they have no international treaty governing when and by how much they can shut the flow down.

Over the years, this has not mattered much. The countries have rubbed along, sometimes amicably, sometimes not, with downstream ones (notably Syria and Iraq) assuming there would always be enough water in the upstream reservoirs of Turkey for them all. But if the new study is any guide, that assumption may not hold for much longer.

The Tigris and Euphrates: Less fertile crescent, Economist, Mar. 9, 2013, at 42

Keep Talking, the State Listens

DARPA is funding a project that uses crowdsourcing to improve how machines analyze our speech. Even more radical: DARPA wants to make systems so accurate, you’ll be able to easily record, transcribe and recall all the conversations you ever have... But it’s not just about better recordings of what you say. It’ll lead to more recorded conversations, quickly transcribed and then stored in perpetuity — like a Twitter feed or e-mail archive for everyday speech. Imagine living in a world where every errant utterance you make is preserved forever.

University of Texas computer scientist Matt Lease… has attracted enough attention for Darpa to award him a $300,000 award over two years to study the new project, called “Blending Crowdsourcing with Automation for Fast, Cheap, and Accurate Analysis of Spontaneous Speech.” The project envisions a world that is both radically transparent and a little freaky.

The idea is that business meetings or even conversations with your friends and family could be stored in archives and easily searched. The stored recordings could be held in servers, owned either by individuals or their employers….

How? The answer, Lease says, is in widespread use of recording technologies like smartphones, cameras and audio recorders — a kind of “democratizing force of everyday people recording and sharing their daily lives and experiences through their conversations.” But the trick to making the concept functional and searchable, says Lease, is blending automated voice analysis machines with large numbers of human analysts through crowdsourcing. That could be through involving people “strategically,” to clean up transcripts where machines made a mistake. Darpa’s older EARS project relied entirely on automation, which has its drawbacks….

Crowdsourcing is all about harnessing distributed networks of people — crowds — to do tasks better and more efficiently than individuals or machines. Recently, that’s meant harnessing large numbers of people to build digital maps, raising funds for a film project at Kickstarter, or doing odd-jobs at Amazon Mechanical Turk — one system being studied as part of the project. Darpa has also taken an interest in crowdsourcing as a way to analyze vast volumes of intelligence data, and Darpa’s sibling in the intelligence community, IARPA, has researched crowdsourcing as a way to find the best intelligence predictions.

It also raises some thorny legal and social questions about privacy. For one, there is an issue with “respecting the privacy rights of multiple people involved,” Lease says. One solution, for a business conference that’s storing and transcribing everything said by the participants, could be a mutual agreement between all parties. He adds that technical issues when it comes to archiving recorded speech are still open questions, but people could potentially hold their cell phone conversations on remote servers; or on individual, privately-held servers.

The other problem is figuring out how to search massive amounts of transcribed speech, like how search engines such as Google use complex algorithms to match and optimize search queries with results that are likely to be relevant. Fast and cheap web analytics — judging what people type and matching it up to what they click — is one way to do it. Studying focus groups are more precise, but expensive. A third way, Lease suggests, is using more crowdsourcing as a sort of a “middle-ground” between the two methods.

But it’s unknown how the research will be applied to the military. Lease wouldn’t speculate, and it’s still very much a basic research project. Though if it’s similar to EARS at all, then it may not be too difficult to figure out. A 2003 memorandum from the Congressional Research Service described EARS as focusing on speech picked up from broadcasts and telephone conversations, “as well as extract clues about the identity of speakers” for “the military, intelligence and law enforcement communities.” Though Lease didn’t mention automatically recognizing voices. But the research may not have to go that far — if we’re going to be recording ourselves.

Excerpt, BY ROBERT BECKHUSEN, Darpa Wants You to Transcribe, and Instantly Recall, All of Your Conversations, Wired, Mar. 4, 2013

The Polar Bear: An Animal or Icon

The Inuit see the animal as a fierce predator, a cultural symbol and a valuable source of food, warmth and money in a part of the world where all three are in short supply.Yet to animal-welfare and green groups in warmer places the polar bears are both an icon in the fight against climate change and an animal under threat of extinction. The melting of the Arctic’s ice cap, which the bears use as a hunting platform, means the estimated population of between 20,000 and 25,000 will decline sharply, they say. They see hunting the bears as an anachronism and want international trade in bear pelts and parts, already severely restricted, completely banned.

These opposing views are set to clash at a meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), an intergovernmental agreement, between March 3rd and 14th in Bangkok. Having failed at the previous meeting of CITES in 2010, the United States is again leading a move to switch the polar bear from Appendix II of the convention to Appendix I, which would ban trade in all but “exceptional” circumstances. The American proposal is backed by Russia but opposed by Canada, Norway, Denmark (which represents Greenland) and the CITES secretariat.

The debate promises to be emotional. What it lacks are facts. The Americans acknowledge that only eight of the 19 known groups of polar bears have been surveyed since 2000. Of the remaining 11, four have never been surveyed. The submission relies on a controversial forecast undertaken for the US Fish and Wildlife Service in 2007 that suggests the decline in sea ice will lead to the disappearance of two-thirds of the world’s polar bears by 2050.  Should the United States obtain the two-thirds majority needed to change the bear’s status, it will be a blow to the Inuit. Their trade in walrus tusks and narwhal horns has dried up because of curbs on sales of ivory designed largely to protect elephants. The trade in seal pelts and meat was curtailed by a 2009 import ban by the European Union, though this granted a limited exemption to indigenous peoples.

In Canada polar bears are hunted under annual quotas set by territorial governments. The Inuit trade bear pelts, claws and teeth, and sell some of the quota to trophy hunters, who employ local guides and buy local supplies…..

Countries which want to become observers at the Arctic Council, an intergovernmental body, will be reluctant to vote against Canada, Norway and Denmark on the issue. Canada takes over as chairman of the council in May. Still, it will take resolve to stand up to the United States, also a council member, and the array of animal-welfare and environmental groups backing its position.

The Inuit also argue that if the problem is climate change, to ban trade in polar bears is to attack the symptom rather than the cause. That was the argument of the European Union’s environment commissioner, Janez Potocnik, when the European Parliament debated the issue earlier this month. But the MEPs still voted in support of the American position.

Canada’s Inuit: Polar-bear politics, Economist, Feb. 23, at 36

Crying over Spilled Oil; BP Deepwater Horizon

After the Deepwater Horizon oil rig exploded in 2010, killing 11 workers and spewing a lake of oil into the Gulf of Mexico, BP knew it would be punished severely. So far, the British oil firm has set aside $42 billion to pay fines, compensate victims and clean up the mess. Of this, some $36 billion has already been paid out or earmarked. America has also temporarily barred the company from bidding for federal contracts.

In all, BP has shelled out $14 billion to stop the spill and restore the coast to the way it was. It has paid out or earmarked $17.5 billion to compensate individuals and small businesses, plus another $4 billion to settle criminal charges with the Department of Justice. It has also set aside $3.5 billion to pay penalties for oil leaks under America’s Clean Water Act.  These have yet to be determined. A civil trial, set to begin on February 25th in New Orleans, will apportion blame for the accident, determine how much oil gushed out and apply financial penalties. The federal government is demanding $21 billion in compensation for spilt oil. To get that much, it must prove BP was “grossly negligent”. It must also persuade the court to accept its estimate of the size of the leak, rather than

As if that were not enough, BP’s annual results, released on February 5th, harboured another nasty surprise. Tucked away on page 42 were details of hefty new claims against the oil giant. Alabama, Mississippi, Florida and Louisiana are demanding $34 billion for economic losses and property damage. These mainly relate to tax revenues allegedly lost as a result of disruptions to businesses, says BP.  The oil giant knew that a bill was in the post: a three-year statute of limitations will soon expire. However, it was not expecting the bill to be so big. BP disputes the way the sum has been calculated and is ready to fight the claims in court. It reckons that the states will have a tough job substantiating their calculations of forgone taxes.

Both claims seem likely to be settled out of court…BP would far rather end the matter quickly and get on with its business. The uncertainty over the final bill is weighing down its share price. And its sheer size is daunting. If all the claims against it are upheld, BP’s total bill will amount to $90 billion or so. By way of comparison, Saddam Hussein’s Iraq was ordered to pay reparations of $52 billion ($88 billion in today’s money) for invading Kuwait.

One reason why a settlement has proved elusive is that the case is so complex. It involves three pieces of legislation and several layers of federal, state and local government with precious little co-ordination between them. For example, BP notes that 11 tiny Louisiana parishes have made a separate claim for damage to local wildlife. BP’s woes are not over.

The Deepwater Horizon disaster: Spills and bills, Economist, Feb. 9, 2013, at 66

Icesave Case: winners & losers of bank failures

In 2008 Britain’s former prime minister Gordon Brown chose to invoke anti-terrorism laws to freeze the assets of a failed Icelandic bank…In January 28, 2013 a ruling delivered in Luxembourg by the European Free-Trade Association Court, dealt with the collapse of Icesave, an online subsidiary of Iceland’s Landsbanki. Before the crisis Icesave had used a European “passport” to open branches abroad and collected deposits in Britain and the Netherlands with almost no oversight from regulators in those countries. One condition of its passport was that it promised that its deposits were backed by a national deposit-insurance scheme in Iceland. Yet when the bank collapsed Iceland’s deposit scheme was overwhelmed. Icelandic depositors in the bank ended up getting their money back; the British and Dutch governments both had to step in to compensate depositors in their countries.

Many observers had expected the court to rule that Iceland was obliged to stand behind its national deposit-protection plan and not to discriminate against foreign depositors. Instead the court found that Iceland was obliged only to make sure that it had a deposit-insurance scheme. The state was not required to pay out if the scheme had no money because of a banking crisis. Oddly, the court also found that Iceland had not breached an obligation not to discriminate between domestic and foreign depositors, even though it made only the domestic ones whole.

The questions addressed by the court may seem anachronistic: European law on deposit protection has been extensively rewritten since the crisis. Yet the ruling is another warning to those who hope that regulators can strike binding agreements on how they will share the costs of a future banking crisis. Supervisors in America are already trying to ensure that foreign banks there operate as separately capitalised subsidiaries, so they do not have to rely on the vigilance of foreign regulators. Hopes that Europe’s banking union will include a mutual deposit-guarantee scheme are in any case faint. This week’s ruling will only weaken confidence in the willingness of countries to bail out foreign creditor

The Icesave ruling: In the cooler, Economist, Feb. 2, 2013, at 64

Shell Nigeria and the Ogoni People

On January 30th, 2013 a Dutch court ruled that Shell, Nigeria’s biggest oil producer, must compensate Friday Akpan, a farmer from the Delta region, for the pollution of his farmland and destruction of his livelihood. The ruling could open a flood-gate to legal complaints against oil companies.In 2008, five Nigerians, including Mr Akpan, filed suits in The Hague where Shell has its headquarters. The other four cases were dismissed; the court said Shell could not have prevented the spills involved. Environmental campaigners insist the company was negligent. Amnesty International says the dismissal highlights how difficult it is for Nigerians whose lives have been affected by oil pollution to get justice.

Court orders and regulatory fines are rarely enforced in Nigeria. According to a 2011 United Nations report on the Ogoniland region in the Niger Delta, restoring the area, much of which is covered in thick, black oil, could take up to 30 years. It would cost $1billion just to start the clean up. Little progress has been made since the report was published. Bad laws, lax regulation and corporate exploitation make environmental degradation even worse in Nigeria.

Shell says that nearly 26,000 barrels of its oil was spilt last year in 200 incidents in the Delta. Some 55 were the result of “operational mishaps,” including poor maintenance of facilities but 144 were caused by sabotage or people siphoning oil from pipelines. Oil theft is increasingly a cause of oil spills in the region. The illegal refining of stolen oil is common in the Niger Delta. But in a region with few jobs, poor health care and dire schools, it is little wonder people resort to refining stolen oil. For some, it is the only way left to make a living.

John Donovan, A mixed verdict, Economist, Feb 3rd, 2013

S&P: Unfair Umpire Misleading the Public

Attorney General Eric Holder announced on Feb. 5, 2013 that the Department of Justice has filed a civil lawsuit against the credit rating agency Standard & Poor’s Ratings Services  (pdf) alleging that S&P engaged in a scheme to defraud investors in structured financial products known as Residential Mortgage-Backed Securities (RMBS) and Collateralized Debt Obligations (CDOs). The lawsuit alleges that investors, many of them federally insured financial institutions, lost billions of dollars on CDOs for which S&P issued inflated ratings that misrepresented the securities’ true credit risks. The complaint also alleges that S&P falsely represented that its ratings were objective, independent, and uninfluenced by S&P’s relationships with investment banks when, in actuality, S&P’s desire for increased revenue and market share led it to favor the interests of these banks over investors.

“Put simply, this alleged conduct is egregious – and it goes to the very heart of the recent financial crisis,” said Attorney General Holder. “Today’s action is an important step forward in our ongoing efforts to investigate – and – punish the conduct that is believed to have contributed to the worst economic crisis in recent history. It is just the latest example of the critical work that the President’s Financial Fraud Enforcement Task Force is making possible.”

Attorney General Eric Holder was joined in announcing the filing of the civil complaint by Acting Associate Attorney General Tony West, Principal Deputy Assistant Attorney General for the Civil Division Stuart F. Delery, and U.S. Attorney for the Central District of California André Birotte Jr. Also joining the Department of Justice in making this announcement were the attorneys general from California, Connecticut, Delaware, the District of Columbia, Illinois, Iowa and Mississippi, who have filed or will file civil fraud lawsuits against S&P alleging similar misconduct in the rating of structured financial products. Additional state attorneys general are expected to make similar filings today.

“Many investors, financial analysts and the general public expected S&P to be a fair and impartial umpire in issuing credit ratings, but the evidence we have uncovered tells a different story,” said Acting Associate Attorney General West. “Our investigation revealed that, despite their representations to the contrary, S&P’s concerns about market share, revenues and profits drove them to issue inflated ratings, thereby misleading the public and defrauding investors. In so doing, we believe that S&P played an important role in helping to bring our economy to the brink of collapse.”

Today’s action was filed in the Central District of California, home to the now defunct Western Federal Corporate Credit Union (WesCorp), which was the largest corporate credit union in the country. Following the 2008 financial crisis, WesCorp collapsed after suffering massive losses on RMBS and CDOs rated by S&P.  “Significant harm was caused by S&P’s alleged conduct in the Central District of California,” said U.S. Attorney for the Central District of California Birotte. “Across the seven counties in my district, we had huge numbers of homeowners who took out subprime mortgage loans, many of which were made by some of the country’s most aggressive lenders only because they later could be securitized into debt instruments that were given flawed ‘AAA’ ratings by S&P. This led to an untold number of foreclosures in my district. In addition, institutional investors located in my district, such as WesCorp, suffered massive losses after putting billions of dollars into RMBS and CDOs that received flawed and inflated ratings from S&P.”

The complaint, which names McGraw-Hill Companies, Inc. and its subsidiary, Standard & Poor’s Financial Services LLC (collectively S&P) as defendants, seeks civil penalties under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) based on three forms of alleged fraud by S&P: (1) mail fraud affecting federally insured financial institutions in violation of 18 U.S.C. § 1341; (2) wire fraud affecting federally insured financial institutions in violation of 18 U.S.C. § 1343; and (3) financial institution fraud in violation of 18 U.S.C. § 1344. FIRREA authorizes the Attorney General to seek civil penalties up to the amount of the losses suffered as a result of the alleged violations. To date, the government has identified more than $5 billion in losses suffered by federally insured financial institutions in connection with the failure of CDOs rated by S&P from March to October 2007.  “The fraud underpinning the crisis took many different forms, and for that reason, so must our response,” said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Department’s Civil Division. “As today’s filing demonstrates, the Department of Justice is committed to using every available legal tool to bring to justice those responsible for the financial crisis.”

According to the complaint, S&P publicly represented that its ratings of RMBS and CDOs were objective, independent and uninfluenced by the potential conflict of interest posed by S&P being selected to rate securities by the investment banks that sold those securities. Contrary to these representations, from 2004 to 2007, the government alleges, S&P was so concerned with the possibility of losing market share and profits that it limited, adjusted and delayed updates to the ratings criteria and analytical models it used to assess the credit risks posed by RMBS and CDOs. According to the complaint, S&P weakened those criteria and models from what S&P’s own analysts believed was necessary to make them more accurate. The complaint also alleges that, from at least March to October 2007, and because of this same desire to increase market share and profits, S&P issued inflated ratings on hundreds of billions of dollars’ worth of CDOs. At the time, according to the allegations in the complaint, S&P knew that the quality of non-prime RMBS was severely impaired, and that the ratings on those mortgage bonds would not hold. The government alleges that S&P failed to account for this impairment in the CDO ratings it was assigning on a daily basis. As a result, nearly every CDO rated by S&P during this time period failed, causing investors to lose billions of dollars.

The underlying federal investigation, code-named “Alchemy,” that led to the filing of this complaint was initiated in November 2009 in connection with the President’s Financial Fraud Enforcement Task Force.

Department of Justice Sues Standard & Poor’s for Fraud in Rating Mortgage-Backed Securities in the Years Leading Up to the Financial Crisis, Department of Justice Press Release, Feb. 5, 2013

How to Save the Lions

In the dark the safest way to attack the lions was to catch them in the headlights of a car and run them over. Once the adults were downed it was easy enough to dispatch the cubs with spears and arrows. When the killing stopped last year in Kitengela, on the plains outside Nairobi National Park, six lions were dead. It was the worst such incident in recent memory.

Killing lions without a licence is a criminal offence in Kenya and the slaughter was witnessed by a trio of park rangers from the Kenya Wildlife Service. Outnumbered, they decided not to try to stop what one of them described as “mob justice” by locals angry that their goats had been eaten. Seven months later no one has been arrested. Whereas elephant and rhino poachers often end up dead or in jail, no lion killer in Kenya has ever ended up behind bars.

Recent estimates put their number (lions) in Africa at 15,000-25,000. LionAid, a conservation group based in Britain, says it knows of only 645 still in west and central Africa.  Paula Kahumbu of Kenya-based Wildlife Direct says their fate Africa-wide will be decided in Kenya, home to one in ten of the surviving beasts. Kenya is losing about 100 every year, its wildlife service estimates, most of them killed by herders whose cattle graze the land where lions hunt. Cheap pesticides, such as Carbofuran, which is tasteless and odourless, have replaced spears as the chief killer. Kenya’s human population, up from 8m at independence in 1964 to 42m-plus today, has deprived the lions of habitat and prey.

Laurence Frank, who runs Living With Lions, a Kenyan charity, says that the big cats are viewed as an expensive nuisance by rural people who see few benefits from tourism.   Compensating owners for livestock lost to lions may have reduced locals’ incentive to look after their herds. Paul Mbugua of the Kenyan Wildlife Service suspects that last year’s Kitengela killings were meant to send a message that the local Masai wanted bigger compensation. Paying them to guard the lions has worked better…..Most successful of all has been the sprouting of private conservancies turning ranches into wildlife havens that earn their keep from tourists as well as farming, and recycle the income into local communities better than national parks do. Several such ventures in Laikipia, a plateau north-west of Mount Kenya, are reversing the downward trend in lion numbers.

Excerpts, Kenya’s lions: Sad for Simba, Economist,  Jan. 26, 2013, at 45

Hunting Down Somali Pirates: British Empire

Times are tough and getting worse for Somali pirates, as their targets take countermeasures. The number of attacks off the Horn of Africa tumbled from 236 in 2011 to no more than 72 in 2012, according to the International Maritime Bureau, a body that monitors crime at sea.

Now a private naval effort is adding to their woes. A company called Typhon will use a 10,000 tonne “mother ship” to accompany convoys of merchant vessels. With 60 mostly armed, mostly British ex-soldiers on board, it will deploy speedboats and unmanned drones to watch and intercept hostile boats.  Anthony Sharp, Typhon’s boss, says customers will find that more efficient than putting armed guards on every ship. It will also spare them keeping guns on board (which is tricky in law). Typhon plans to have three large ships by the year end, with at least one based in the Gulf of Guinea, a hotspot for pirate attacks last year, and ten by 2016.

Its backers include Simon Murray, a former foreign legionnaire who is now chairman of Glencore, a commodities giant due soon to merge with Xstrata, a mining behemoth. The new outfit will be a big potential customer for Typhon. But Mr Sharp downplays comparisons with Britain’s East India Company, which ran a private empire with its own navy. His is “actually quite a boring business,” he claims. Not for the pirates.

Piracy: Privateers,Economist, Jan.12, 2013, at 54

Haunted by Sellafield, nuclear waste storage in the UK

The government’s long-term hopes of burying nuclear waste in the UK has suffered a major blow after Cumbria county council voted against plans for a £12bn underground site.  Three local authorities – Cumbria county council, Allerdale borough council and Copeland borough council – were set to vote on the search for a site, which would have been the first of its kind in the UK.

Copeland borough councillors voted six-to-one in favour of moving to onto the next stage of the search process. But Cumbria county council took an opposing view, rejecting the proposals by seven votes to three, and in the process ending the county council’s four-year formal involvement in the consultation process.  “As a decision to continue with the process needed the agreement of both the district and county councils, Cumbria county council’s decision has removed both districts from consideration,” councillors said in a statement. The vote triggered huge cheers from environmental campaigners outside the council chamber in Carlisle.

Ed Davey, Secretary of State for Energy and Climate Change, said the decision was “disappointing”….

More than 32,000 people had signed a petition against the £12bn underground storage facility.However, the issue of how to handle nuclear waste remains live in Cumbria.  Sellafield’s nuclear storage facilities remain the largest in the UK, and the ten members of the county council’s cabinet also agreed that the council will encourage the Government to invest in improvements to the existing surface storage facilities at the site while a permanent solution for the country’s higher activity radioactive waste is found.

Campaigners {West Cumbria Friends of the Earth, Greenpeace) argued the underground dump would harm the Lake District national park and its tourism industry. They also claim that studies show Cumbria’s geology is unlikely to be safe for radioactive waste.

Excerpts, Cumbria rejects radioactive waste disposal programme, http://www.channel4.com/news/, Jan. 30, 2012

Rare Earths Pollution: Australia, Malaysia and Lynas Corp.

According to the Oeko Institute, a non-profit association: The facility for refining Australian ore concentrate rich in rare earth metals of Lynas Corporation in Malaysia has several deficiencies concerning the operational environmental impacts. The environment is affected by acidic substances as well as from dust particles, which are emitted into the air in substantially larger concentrations than would be state-of-the-art in off-gas treatment in Europe. The storage of radioactive and toxic wastes on site does not prevent leachate from leaving the facility and entering ground and groundwater. For the long-term disposal of wastes under acceptable conditions concerning radiation safety a sustainable concept is still missing. These are the results of a study of Oeko-Institute on behalf of the Malaysian NGO SMSL.

In its facility in Kuantan/Malaysia Lynas refines ore concentrate for precious rare earth metals. These strategic metals are applied for example to produce catalysts…The ore concentrate to be refined in Malaysia additionally contains toxic and radioactive constituents such as Thorium. The NGO commissioned Oeko-Institute to check whether the processing of the ore leads to hazardous emissions from the plant or will remain as dangerous waste in Malaysia.

Storage of wastes insufficient

The storage of wastes, that are generated in the refining process, shall be stored in designated facilities on the site, separately for three waste categories. According to chemist and nuclear waste expert Gerhard Schmidt, there will be problems with the pre-drying of wastes that is of a high Thorium content. “Especially in the wet and long monsoon season from September to January, this emplacement process doesn’t work”, says Schmidt. “The operator has not demonstrated how this problem can be resolved without increasing the radiation doses for workers”.

Additionally the storages are only isolated with a one-millimeter thick plastic layer and a 30 cm thick clay layer. This is insufficient to reliably enclose the several meters high and wet waste masses. “For the long-term management of these wastes Lynas has urgently to achieve a solution”, claims Gerhard Schmidt, and adds: “in no case those wastes should be marketed or used as construction material, as currently proposed by the operator (Lynas) and the regulator (AELB/MOSTI). According to our calculations this would mean to pose high radioactive doses to the public via direct radiation”.

One of the most serious abnormalities is that in the documents relevant data is missing, which prevents reliably accounting for all toxic materials introduced”, says project manager Gerhard Schmidt. “So it is not stated which and to what amount toxic by-products, besides Thorium, are present in the ore concentrate. Also in the emissions of the facility via wastewater only those constituents are accounted for that are explicitly listed in Malaysian water regulation, but not all emitted substances.” The salt content of the wastewater is as high that it is comparable to seawater. This is discharged without any removal into the river Sungai Balok.

The scientists at Oeko-Institute evaluate the detected deficiencies as very serious. Those deficiencies should have been already detected in the licensing process, when the application documents were being checked. However the operator received a construction license in 2008 and a temporary operating license in 2012.

Especially for the safe long-term disposal of the radioactive wastes a suitable site that meets internationally accepted safety criteria has to be selected urgently. A consensus has to be reached with the affected stakeholders, such as the local public and their representatives. “If it further remains open how to manage those wastes in a long-term sustainable manner, a future legacy associated with unacceptable environmental and health risks is generated”, considers Schmidt. “The liability to prevent those risks and to remove the material is so shifted to future generations, which is not acceptable.”

Rare earths are important metals that are used in future technologies such as efficient electro motors, lighting and catalysts. In its study from 2011 “Study on Rare Earths and Their Recycling” Oeko-Institute showed that no relevant recycling of these metals is performed so far. Albeit recent positive developments in this direction: satisfying the prognosticated global requires the extension of the worldwide primary production.

Rare earth refining in Malaysia without coherent waste management concept, Oeko Institute Press Release, Jan. 28, 2013

See also  Oeko Report on Lynas (pdf)e

Arctic Oil Spills are Not Preventable

The Arctic Council Oil Spill Task Force, jointly led by the US, Norway and Russia, has finalized its work with drafting an agreement on oil pollution incidents in Arctic waters.  The agreement is to be presented and signed during the upcoming Arctic Council Ministerial meeting in Kiruna, Sweden, in May. The agreement comes as a result of a decision made by ministers of the 8 Arctic Countries at their previous meeting, i.e., in May 2011 in Nuuk, Greenland, to develop an international instrument on Arctic marine oil pollution preparedness and response.

The agreement will cover Arctic marine areas of the 8 Arctic Countries and apply to all kind of possible pollution sources, oilrigs and ships, except ships operated by a state such as naval vessels. The oil spill agreement will stipulate that each Arctic country must have a system in place that takes into account activities or places that are particularly likely to give rise to or suffer from incidents as well as areas of special ecological significance. Among other things, the agreement will contain rules for notifying about, monitoring, and assisting in responses to oil pollution incidents. It also will have stipulations regarding information exchange, the carrying out of joint exercises and training, and meetings of the parties to the agreement.

While advocating a moratorium on Arctic marine oil and gas extraction, environmentalist groups that have been following the preparation of the agreement text are welcoming it as a step forward in fighting oil spills. According to environmentalists, given that resource exploration and extraction in Arctic waters is increasing, oil spill incidents will inevitably happen. These groups also praises the fact that the agreement will recognize the role of indigenous peoples and other Arctic residents in supporting oil spill preparedness and response. Yet, at the same time, they criticize the agreement for not facilitating the use of privately owned – i.e., by oil companies – response equipment. NGOs furthermore point out that while the agreement goes a good long way to maintain and harmonize national procedures, it fails to commit its parties to actually raise their preparedness and response standards.

From the website of Arctic Council Indigenous Peoples Secretariat

Just Hit See-Me: the new military satellites

The Seeme Program from DARPA website:

DARPA’s SeeMe (Space Enabled Effects for Military Engagements) program aims to give mobile individual US warfighters access to on-demand, space-based tactical information in remote and beyond- line-of-sight conditions. If successful, SeeMe will provide small squads and individual teams the ability to receive timely imagery of their specific overseas location directly from a small satellite with the press of a button — something that’s currently not possible from military or commercial satellites.

The program seeks to develop a constellation of small “disposable” satellites, at a fraction of the cost of airborne systems, enabling deployed warfighters overseas to hit ‘see me’ on existing handheld devices to receive a satellite image of their precise location within 90 minutes. DARPA plans SeeMe to be an adjunct to unmanned aerial vehicle (UAV) technology, which provides local and regional very-high resolution coverage but cannot cover extended areas without frequent refueling. SeeMe aims to support warfighters in multiple deployed overseas locations simultaneously with no logistics or maintenance costs beyond the warfighters’ handheld devices.

The SeeMe constellation may consist of some two-dozen satellites, each lasting 60-90 days in a very low-earth orbit before de-orbiting and completely burning up, leaving no space debris and causing no re-entry hazard. The program may leverage DARPA’s Airborne Launch Assist Space Access (ALASA) program, which is developing an aircraft-based satellite launch platform for payloads on the order of 100 lbs. ALASA seeks to provide low-cost, rapid launch of small satellites into any required orbit, a capability not possible today from fixed ground launch sites.

Raytheon Company was awarded a $1.5 million Defense Advanced Research Projects Agency (DARPA) contract for phase one of the agency’s Space Enabled Effects for Military Engagements (SeeMe) program. During the next nine months, the company will complete the design for small satellites to enhance warfighter situational awareness in the battlespace.  Raython News Release, Dec. 13, 2012

Water in the Middle East: investment

Amidst a growing water crisis in the predominantly arid Middle East and North Africa (MENA), some of the world’s most influential water experts will meet Jan. 15-17 at the International Water Summit (IWS) in Abu Dhabi, United Arab Emirates (UAE) to look for sustainable solutions.The World Bank has already warned that MENA is the world’s “most water-scarce region, home to 6.3 percent of the world’s population but with just 1.4 percent of renewable fresh water.”

The six countries that comprise the Gulf Cooperation Council – Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and UAE – are expected to spend a staggering 725 billion dollars over the next two decades on new water projects, desalination plants, infrastructure-building and high-tech innovations…

At the Abu Dhabi summit, Project Stream will offer a major opportunity for developers and investors to “connect and accelerate the building of sustainable water solutions”.  The summit, which is is part of the Abu Dhabi Sustainability Week being hosted by Masdar, described as “a sustainable green energy city of the future”, will also bring together financiers and some of the world’s leading engineering, technology and service providers.

Peter McConnell, show director for IWS, says that GCC countries have been investing heavily in water sustainability over the last few years.  “And Project Stream will in essence become a networking platform that will connect solution providers from around the world to project developers from the region,” he added.  These projects, McConnell, said range from multi-billion-dollar government infrastructure ventures to high-tech innovations in areas such as low-energy desalination, water leakage prevention and water efficiency.  “These will contribute in a significant way to address the worldwide challenges surrounding clear water supply,” he added…

The industry think-tank Global Water Intelligence (GWI), which is collaborating with Project Stream in Abu Dhabi, has reported major planned investments by Gulf countries, amounting as much as 725 billion dollars over the next two decades.  Between 2013 and 2017, Qatar is planning to invest some 1.1 billion dollars in desalination capacity through independent water and power projects (IWPPs).  Kuwait has a combined municipal water/wastewater capital expenditure budget of 4.4 billion dollars from 2013 to 2016, while the UAE’s budget reaches 13.0 billion dollars.  Saudi Arabia is expected to spend about 53.9 billion dollars over the next two decades to build, operate and maintain water projects to meet the growing demand in the Kingdom, according to GWI estimates

Excerpts,  Thalif Deen, Water Summit to Focus on Resolving Scarcities in Mideast, IPS, Jan. 11, 2012

Reversing Deforestation in the Amazon

Brazilian policymakers can take some of the credit for a dramatic slowdown in the deforestation rate in the Brazilian Amazon, say experts – but that’s not the whole story.  In November Brazil (2012) announced deforestation rates in the Amazon declined 27 percent from August 2011 to July 2012, reaching the lowest rates ever recorded for the fourth consecutive year.  According to Brazil’s National Institute for Space Research (INPE), 4656 square kilometres of Amazon rainforest were cleared over the twelve months, compared with 27,772 square kilometres in 2004.

Brazil’s government says this represents a 76 percent reduction since 2004 – coming close to the country’s commitment to reduce deforestation in the Amazon region 80 percent by 2020.  It has attributed the dramatic results to a package of policies known as PPCDAm (The Action Plan for Prevention and Control of Legal Amazon Deforestation) that were first implemented in 2004.

PPCDAm comprises more than 200 initiatives across 14 ministries that together aim to reduce deforestation in the Amazon…Over the last decade, the country has established new protected areas, indigenous lands and sustainable use areas covering 709,000 square kilometres.  This has decreased both deforestation and the incidence of fires – and crucially, more of them than previously are located near particularly threatened areas, making them more effective.We know every day where deforestation is going on in the Amazon…from detection to having people in the field stopping illegal loggers takes just five days….Brazil’s space agency, remote sensing centre, and law enforcement agencies collaborate to detect and precisely locate deforestation and forest degradation, and to apprehend perpetrators.  From detection to having people in the field stopping illegal loggers takes just five days….  Last year [Brazil]  confiscated 110 chainsaws, nine bulldozers, and 329 trucks…

Jorge Hargrave – who  worked with Wunder on the UNEP report (pdf) – and colleagues assessed the effectiveness of the PPPDAm policies.  They found that these policies were responsible for curbing deforestation – and that the command-and-control policies, particularly the issuance of environmental fines, had the most impact.  The government’s decision to focus on 36 specific municipalities where deforestation was most intense was also very effective, they found, as was the cross sector coordination and high-level political support for the program.

However, Hargrave also cautioned against over-confidence about the recent encouraging results. “It’s not clear that if the government changes or the policy changes, deforestation can’t go up again,” he said.  “In addition, the lack of land tenure security in the region was consistently identified as a key problem and the biggest bottleneck to further progress.”

In another recent study, Clarissa Costalonga e Gandour and colleagues from the Climate Policy Initiative showed that environmental policies are important – but are only part of the deforestation-reduction story.  The study found that agricultural prices – particularly meat and soybeans – had a significant impact on deforestation as well…The study makes special mention of a 2008 policy that made rural credit for agricultural activities in the Amazon conditional on proof of compliance with environmental regulations – with exceptions for smallholders.

Excerpts, KATE EVANS, How much credit can Brazil take for slowing Amazon deforestation – and how low can it go?, CIFOR, Jan. 15, 2013

Nuclear Waste from Britain to Japan on the Pacific Grebe

Japan Nuclear Fuel Ltd. said Thursday that 28 canisters of high-level radioactive waste produced through the reprocessing of spent Japanese nuclear fuel in Britain will arrive in Aomori Prefecture in the latter half of February.  The 28 canisters of vitrified radioactive waste include 14 for Kansai Electric Power Co. and seven each for Chubu Electric Power Co. and Chugoku Electric Power Co.

The freighter Pacific Grebe carrying the waste left the port of Barrow on Wednesday Jan, 9, 2013) and will travel to Rokkasho, Aomori Prefecture, via the Panama Canal, Japan Nuclear Fuel said.  It will be the third time that vitrified radioactive waste will be brought to Japan from Britain.

Japan has received 104 canisters of such waste from Britain and plans to receive around 800 more. The 104 canisters have been stored at a facility in the village of Rokkasho.

Reprocessed nuclear waste to arrive in Aomori from Britain in late February, The Japan Times, Jan. 11, 2012

What Transocean Pays for the Gulf Oil Spill

Transocean Ltd. appeared in federal court in New Orleans after reaching a $1.4 billion settlement with the U.S. over the 2010 Gulf of Mexico oil spill….The company agreed last week to plead guilty to a misdemeanor count of violating the Clean Water Act and to pay $400 million in criminal fines and $1 billion plus interest in civil penalties. Under the agreement, Transocean will undergo five years’ probation and establish a technology innovation group to focus on drilling safety, devoting a minimum of $10 million to this effort…..

The agreement doesn’t cover costs to Transocean for natural-resources damage under the Oil Pollution Act of 1990, the company said. That law requires responsible parties to reimburse governments for restoring natural resources to pre- incident conditions.  Transocean said last week that the company’s liability for these damages was limited by a 2012 court ruling that it wouldn’t be liable under the Oil Pollution Act for subsurface discharge from the well.

The blowout and explosion aboard Transocean’s drilling rig sent millions of barrels of crude leaking into the gulf. The accident prompted hundreds of lawsuits against Transocean, London-based BP, the well’s owner, and Houston-based Halliburton Co. (HAL), which provided cementing services. BP previously agreed to pay $4 billion to the Justice Department to resolve charges connected to the spill and $525 million to settle the U.S. Securities and Exchange Commission’s claim that the company misled investors about the rate of oil flowing into the gulf.  BP announced Nov. 15 that it reached a deal with the Justice Department to plead guilty to 14 counts, including 11 for felony seaman’s manslaughter. U.S. District Judge Sarah S. Vance said last month that she would determine at a Jan. 29 hearing whether to accept BP’s plea.

The criminal case is U.S. v. Transocean Deepwater Inc., 13- cr-001, U.S. District Court, Eastern District of Louisiana (New Orleans). (pdf)

Margaret Cronin Fisk & Allen Johnson Jr, Transocean Appears in Court After $1.4 Billion Spill Pact, Bloomberg, Jan. 9, 2013

Nuclear Energy and the Supplies of Uranium: 2013

Uranium is poised to rebound from a second annual decline as Japan considers restarting its atomic plants almost two years after the Fukushima disaster and China pushes ahead with the world’s biggest nuclear building program…A revival in demand from Japan is raising the prospect that supplies of the radioactive metal will shrink at the same time as China continues with a project to increase its nuclear power capacity at least fivefold by 2020. That’s a boost for uranium producers such as Perth, Australia-based Paladin (PDN) Energy Ltd. It’s also a blow for liquefied natural gas exporters including Qatar and Australia, which have helped plug Japan’s power shortage since the earthquake that led to the meltdown at the Fukushima Dai-Ichi plant in March 2011.,,,

The uranium forecasts for 2013 ranged from $45 to $62.60 a ton in the Bloomberg survey conducted Dec. 10 to Dec. 19. That compares with a three-year high of $73 in February 2011, according to data from Roswell, Georgia-based Ux Consulting, which advises the nuclear industry. The fuel averaged $56.80 in 2011 and was $43 a pound on Jan. 3.  The price plunged as low as $49.75 a ton in March 2011 after Japan’s biggest earthquake on record and a subsequent tsunami damaged reactors at the Fukushima site run by Tokyo Electric Power Co. (9501), releasing radiation and causing the evacuation of 160,000 people. The government responded to the disaster by keeping all 54 of the nation’s then-functioning atomic plants shut after safety checks, while countries from China to France reviewed their nuclear policies and Germany said it would close its facilities….

Speculation that uranium demand will rebound has grown since Dec. 16, when Japan’s Liberal Democrat Party won a landslide election victory. The previous administration of the Democratic Party of Japan, which ordered the shutdowns, planned to phase out nuclear power by the end of the 2030s…

Stockmarket investors have been betting that the resumptions will occur and boost uranium demand just as China pushes on with plans to build at least 26 new reactors. At the same time, analysts are predicting a drop in the price of LNG as Japan’s utilities seek to reduce their electricity-generation costs by switching back to nuclear.

Paladin, which operates two uranium mines in Africa and has exploration assets in Australia, rose 22 percent in Sydney in the two days through Dec. 18. Energy Resources of Australia Ltd. (ERA), whose Ranger mine in the Northern Territory produces about 10 percent of the world’s mined uranium, advanced 13 percent over the same period. Australia has the world’s largest known deposits of the fuel, according to the World Nuclear Association.

The cost of Japan’s LNG imports almost doubled in the past three years, reaching a record $18.07 per million Btu in July, according to Finance Ministry data. Purchases for the first 11 months of last year increased 11.5 percent from the same period in 2011 to a record 79.5 million tons, according to data from the ministry….The country must restart reactors quickly because of the price of fossil fuels, LDP General Council Chairman Hiroyuki Hosoda said Nov. 27.

Ben Sharples. Uranium Rebound Seen as Japan Considers Nuclear: Energy Markets, Bloomberg, Jan. 4, 2012

Bank Secrecy: Wegelin

Wegelin & Co, the oldest Swiss private bank, said on Thursday it would shut its doors permanently after more than 2 1/2 centuries, following its guilty plea to charges of helping wealthy Americans evade taxes through secret accounts.  The plea, in U.S. District Court in Manhattan, marks the death knell for one of Switzerland’s most storied banks, whose original European clients pre-date the American Revolution. It is also potentially a major turning point in a battle by U.S. authorities against Swiss bank secrecy.  A major question was left hanging by the plea: Has the bank turned over, or does it plan to disclose, names of American clients to U.S. authorities?.. Wegelin admitted to charges of conspiracy in helping Americans evade taxes on at least $1.2 billion for nearly a decade. Wegelin agreed to pay $57.8 million to the United States in restitution and fines. Otto Bruderer, a managing partner at the bank, said in court that “Wegelin was aware that this conduct was wrong.”  He said that “from about 2002 through about 2010, Wegelin agreed with certain U.S. taxpayers to evade the U.S. tax obligations of these U.S. taxpayer clients, who filed false tax returns with the IRS.”..

The surprise plea effectively ended the U.S. case against Wegelin, one of the most aggressive bank crackdowns in U.S. history.  “Once the matter is finally concluded, Wegelin will cease to operate as a bank,” Wegelin said in a statement on Thursday from its headquarters in the remote, small town of St. Gallen next to the Appenzell Alps near the German-Austrian border.  But the fate of three Wegelin bankers, indicted in January 2012 on charges later modified to include the bank, remains up in the air. Under criminal procedural rules, the cases of the three bankers – Michael Berlinka, Urs Frei and Roger Keller – are still pending.,

Although Wegelin had about a dozen branches, all in Switzerland, at the time of its indictment, it moved quickly to wind down its business, partly through a sale of its non-U.S. assets to regional Swiss bank Raiffeisen Gruppe.….Wegelin, a partnership of Swiss private bankers, was already a shadow of its former self – it effectively broke itself up following the indictment last year by selling the non-U.S. portion of its business.

Dozens of Swiss bankers and their clients have been indicted in recent years, following a 2009 agreement by UBS AG (UBSN.VX), the largest Swiss bank, to enter into a deferred-prosecution agreement, turn over 4,450 client names and pay a $780 million fine after admitting to criminal wrongdoing in selling tax-evasion services to wealthy Americans…Banks under U.S. criminal investigation in the wider probe include Credit Suisse, which disclosed last July it had received a target letter saying it was under a grand jury investigation…Zurich-based Julius Baer and some cantonal, or regional, banks are also under scrutiny, sources familiar with the probes previously told Reuters. So are UK-based HSBC Holdings (HSBA.L) and three Israeli banks, Hapoalim, Mizrahi-Tefahot Bank Ltd and Bank Leumi (LUMI.TA), sources also said previously.

Under its plea, Wegelin agreed to pay the $20 million in restitution to the IRS as well a civil forfeiture of $15.8 million, the Justice Department said.  Wegelin also agreed to pay an additional $22.05 million fine, the Justice Department said. U.S. District Judge Jed Rakoff, who must approve the monetary penalties, set a hearing in the case for March 4 for sentencing.  Last year, the U.S. government separately seized more than $16 million of Wegelin funds in a UBS AG account in Stamford, Connecticut, via a civil forfeiture complaint.  Since Wegelin has no branches outside Switzerland, it used UBS for correspondent banking services, a standard industry practice, to handle money for U.S.-based clients.  n court papers, Bruderer said that Wegelin “believed it would not be prosecuted in the United States for this conduct because it had no branches or offices in the United States and because of its understanding that it acted in accordance with, and not in violation of, Swiss law and that such conduct was common in the Swiss banking industry.”

The case is U.S. v. Wegelin & Co et al, U.S. District Court, Southern District of New York, No. 12-cr-00002.

Excerpts, Nate Raymond and Lynnley Browning, Swiss bank Wegelin to close after guilty plea, Reuters, Jan. 4, 2013

Nuclear Protesters and the Establishment: Japan

Eight million people signed an Internet petition demanding an end to nuclear power and hundreds of thousands joined public protests. Yet Japan handed an election landslide to the most pro-atomic option on offer.  Anti-nuclear activists have been left licking their wounds after the first national poll since the tsunami-sparked disaster at Fukushima saw an apparent melting away of public anger as the country welcomed back the establishment…

The Liberal Democratic Party bagged 294 of the 480 seats in the lower house, crushing their opponents, the biggest of which won only 57 seats.  Where smaller parties offered an end to nuclear power — immediately, over ten years, or within three decades — the LDP pledged only to “decide” on reactor restarts within three years.

Commentators say the pro-business party is likely to give the green light to power companies. Markets agree, with shares in Fukushima operator Tokyo Electric Power (TECPO) surging around 50 percent in two days after the win.  The problem, said the left-leaning Asahi Shimbun newspaper, was that other issues trumped nuclear; voters were frustrated with Japan’s economic malaise, huge public debts, fragile employment and diplomatic friction with China.  The public were looking for a way to punish the ruling Democratic Party of Japan for its policy failures…In fact, says the Asahi, the anti-nuclear vote was almost completely neutralised because of the fragmentation caused by this mushrooming of parties.

Excerpts from Hiroshi Hiyama, Japan anti-nuclear vote melts away, Agence France Presse, Dec. 23, 2012

Nigeria and the Oil Companies: the ECOWAS Judgment

Amnesty International and Socio-Economic Rights and Accountability Project (SERAP) have hailed last [Economic Community of West African States] ECOWAS Court of Justice ground-breaking judgment as a “key moment in holding governments and companies to account for pollution.”  In the case, SERAP v. Nigeria, the Court unanimously found the Nigerian government responsible for abuses by oil companies and makes it clear that the government must hold the companies and other perpetrators to account.

The Court also found that Nigeria violated articles 21 (on the right to natural wealth and resources) and 24 (on the right to a general satisfactory environment) of the African Charter on Human and Peoples’ Rights by failing to protect the Niger Delta and its people from the operations of oil companies that have for many years devastated the region.  According to the Court, the right to food and social life of the people of Niger Delta was violated by destroying their environment, and thus destroying their opportunity to earn a living and enjoy a healthy and adequate standard of living. The Court also said that both the government and the oil companies violate the human and cultural rights of the people in the region.

The Court ruled that the government’s failure to enact effective laws and establish effective institutions to regulate the activities of the companies coupled with its failure to bring perpetrators of pollution “to book” amount to a breach of Nigeria’s international human rights obligations and commitments.  The Court emphasized that “the quality of life of people is determined by the quality of the environment. But the government has failed in its duty to maintain a general satisfactory environment conducive to the development of the Niger Delta region”.

“This judgment confirms the persistent failure of the Nigerian government to properly and effectively punish oil companies that have caused pollution and perpetrated serious human rights abuses, and is an important step towards accountability for government and oil companies that continue to prioritise profit-making over and above the well-being of the people of the region,” said Femi Falana SAN, and Adetokunbo Mumuni for SERAP.  “This is a crucial precedent that vindicates the human right to a healthy environment and affirms the human right of the Nigerian people to live a life free from pollution. It also makes it clear that the government must hold the oil companies to account,” said Michael Bochenek, Director of Law and Policy at Amnesty International.  “The judgment makes it clear that the Nigerian government has failed to prevent the oil companies causing pollution. It is a major step forward in holding the government and oil companies accountable for years of devastation and deprivation.” said Bochenek.

The court affirmed that the government must now move swiftly to fully implement the judgment and restore the dignity and humanity of the people of the region.

“The judgment has also come at a time when oil is being discovered in the majority of the member states of the ECOWAS. It is vital that other states take heed of this judgement, which has laid down minimum standards of operations for government and oil companies involved in the exploitation of oil and gas in the region,” Falana and Mumuni also said.  “The time has come for the Nigerian government to stand up to powerful oil companies that have abused the human rights of the people of the Niger Delta with impunity for decades,” said Bochenek.  “We commend the ECOWAS Court for standing up for the rights and dignity of the people of the Niger Delta. We also acknowledge the important legal contribution of Dr Kolawole Olaniyan of Amnesty International, to the case,” said Falana and Mumuni.

he case was filed against the Federal Government and six oil companies over alleged violation of human rights and associated oil pollution in the Niger Delta. Specifically, the plaintiff alleged: “Violations of the right to an adequate standard of living, including the right to food, to work, to health, to water, to life and human dignity, to a clean and healthy environment; and to economic and social development – as a consequence of: the impact of oil-related pollution and environmental damage on agriculture and fisheries.”  SERAP also alleged “oil spills and waste materials polluting water used for drinking and other domestic purposes; failure to secure the underlying determinants of health, including a healthy environment, and failure to enforce laws and regulations to protect the environment and prevent pollution.”

The Court dismissed the government’s objections that SERAP had no locus standi to institute the case; that the ECOWAS Court had no jurisdiction to entertain it; and that the case was statute-barred. The Court also rejected efforts by the government to exclude a 2009  Amnesty International report on oil pollution from being considered. The report was based on an in-depth investigation into pollution caused by the international oil companies, in particular Shell, and the failure of the government of Nigeria to prevent pollution or sanction the companies.

The suit number ECW/CCJ/APP/08/09 was argued by SERAP counsel, Femi Falana SAN, Adetokunbo Mumuni and Sola Egbeyinka.  The judgment was delivered by a panel of 6 judges: Justice Awa Nana Daboya, Justice Benefeito Mosso Ramos, Justice Hansine Donli, Justice Alfred Benin, Justice Clotilde Medegan and Justice Eliam Potey.

Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable. Furthermore, non-compliance with the judgment of the Court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.

SERAP Press Release, December 2012

See also decision of the ECOWAS Community Court on Jurisdiction

The Flight of Gold: what Afghanistan, China and Iran have in common

Packed into hand luggage and tucked into jacket pockets, roughly hewed bars of gold are being flown out of Kabul with increasing regularity, confounding Afghan and American officials who fear money launderers have found a new way to spirit funds from the country.  Most of the gold is being carried on commercial flights destined for Dubai, according to airport security reports and officials. The amounts carried by single couriers are often heavy enough that passengers flying from Kabul to the Persian Gulf emirate would be well advised to heed warnings about the danger of bags falling from overhead compartments. One courier, for instance, carried nearly 60 pounds of gold bars, each about the size of an iPhone, aboard an early morning flight in mid-October, according to an airport security report. The load was worth more than $1.5 million.

The gold is fully declared and legal to fly. Some, if not most, is legitimately being sent by gold dealers seeking to have old and damaged jewelry refashioned into new pieces by skilled craftsmen in the Persian Gulf, said Afghan officials and gold dealers.  But gold dealers in Kabul and current and former Kabul airport officials say there has been a surge in shipments since early summer. The talk of a growing exodus of gold from Afghanistan has been spreading among the business community here, and in recent weeks has caught the attention of Afghan and American officials. The officials are now puzzling over the origin of the gold — very little is mined in Afghanistan, although larger mines are planned — and why so much appears to be heading for Dubai.

“We are investigating it, and if we find this is a way of laundering money, we will intervene,” said Noorullah Delawari, the governor of Afghanistan’s central bank. Yet he acknowledged that there were more questions than answers at this point. “I don’t know where so much gold would come from, unless you can tell me something about it,” he said in an interview. Or, as a European official who tracks the Afghan economy put it, “new mysteries abound” as the war appears to be drawing to a close.

Figuring out what precisely is happening in the Afghan economy remains as confounding as ever. Nearly 90 percent of the financial activity takes place outside formal banks. Written contracts are the exception, receipts are rare and statistics are often unreliable. Money laundering is commonplace, say Western and Afghan officials.  As a result, with the gold, “right now you’re stuck in that situation we usually are: is there something bad going on here or is this just the Afghan way of commerce?” said a senior American official who tracks illicit financial networks.

There is reason to be suspicious: the gold shipments track with the far larger problem of cash smuggling. For years, flights have left Kabul almost every day carrying thick wads of bank notes — dollars, euros, Norwegian kroner, Saudi Arabian riyals and other currencies — stuffed into suitcases, packed into boxes and shrink-wrapped onto pallets. At one point, cash was even being hidden in food trays aboard now-defunct Pamir Airways flights to Dubai.

Last year alone, Afghanistan’s central bank says, roughly $4.5 billion in cash was spirited out through the airport. Efforts to stanch the flow have had limited impact, and concerns about money laundering persist, according to a report released last week by the United States Special Inspector General for Afghanistan Reconstruction.  The unimpeded “bulk cash flows raise the risk of money laundering and bulk cash smuggling — tools often used to finance terrorist, narcotics and other illicit operations,” the report said. The cash, and now the gold, is most often taken to Dubai, where officials are known for asking few questions. Many wealthy Afghans park their money and families in the emirate, and gold dealers say more middle-class Afghans are sending money and gold — seen as a safeguard against economic ruin — to Dubai as talk of a postwar economic collapse grows louder. But given Dubai’s reputation as a haven for laundered money, an Afghan official said that the “obvious suspicion” is that at least some of the apparent growth in gold shipments to Dubai is tied to the myriad illicit activities — opium smuggling, corruption, Taliban taxation schemes — that have come to define Afghanistan’s economy.

There are also indications that Iran could be dipping into the Afghan gold trade. It is already buying up dollars and euros here to circumvent American and European sanctions, and it may be using gold for the same purpose.  Yahya, a dealer in Kabul, said other gold traders were helping Iran buy the precious metal here. Payment was being made in oil or with Iranian rials, which readily circulate in western Afghanistan. The Afghan dealers are then taking it to Dubai, where the gold is sold for dollars. The money is then moved to China, where it was used to buy needed goods or simply funneled back to Iran, said Yahya, who like many Afghans uses a single name.

Excerpt, MATTHEW ROSENBERG, An Afghan Mystery: Why Are Large Shipments of Gold Leaving the Country?, NY Times, Dec. 15, 2012

Another War to Save the Rhino

Retired SA Army Major General Johan Jooste was this week unveiled as the man who will be in overall command of the Kruger national park’s (located in South Africa) efforts to for once and all stop rhino poaching.  So far this year 381 rhino have been killed by poachers in Kruger, well over half the national loss of 618.  Jooste… was his usual straightforward self when commenting on the new task.  “I am no messiah. What I am is a proven leader as well as a team player…The battle lines have been drawn and now the team and I are going to work hard to push back poachers.  It is a fact that South Africa as a sovereign country is under attack by armed foreign nationals. This can be seen as a declaration of war. We are going to take the war to these bandits and we aim to win it,” the highly decorated and respected retired two-star general said in Skukuza.  SANParks chief executive Dr David Mabunda who is on record as saying the country was engaged in “a low intensity war” against poachers, said the arrival of Jooste in Kruger was another indication of the high priority the national conservation agency was giving to the scourge of rhino poaching.  “We are fully aware we will never be able to put a ranger behind every rhino. That’s why we are developing modern and innovative ways of protecting rhino against a well-organised onslaught.”

Jooste’s appointment is in line with SANParks multi-pronged approach to rhino poaching including a single operations command. He brings with him experience in military intelligence, border and area protection as well as contemporary knowledge of modern military technology, its use and integration at operational level as well as conservation knowledge.

Kim Helfric, War on rhino poaching intensifies as general joins the fray, The NewAge, Dec. 13, 2012

The Battery of Europe – Swiss hydroelectricity is not Green

Swiss energy companies are determined to turn the country into a ‘battery for Europe’. Vast investments are made in big-scale water power projects. But it is not certain they will eventually pay off.  With the decision for a nuclear shutdown, the spotlight in Switzerland and Germany has switched to renewable energy sources. In Germany there’s a massive boost to solar and wind energy production, while Switzerland’s energy companies focus on increasing their storage capacities in the Alps.  About 11 percent of Europe’s electricity flows through Switzerland. The Swiss electricity industry stresses the advantages of the country’s central location in Europe and its topography. On the European energy map, Swiss mountain lakes could function as a huge battery for unsteadily generated renewable energy, and generate high revenues.

Natural and artificial mountain lakes are an essential component of Switzerland’s energy supply. Water power makes up 57 percent of the country’s electricity production. Some of these lakes aren’t just natural water reservoirs though, but serve as basins for pumped-storage hydro power plants (PSPs).  The system is simple and has long been a good business. Throughout the day, cheap, spare electricity is bought on the market and then used to pump water from a lower reservoir to a basin further up the mountain. At times when demand for electricity is high, stored water is released and drives turbines that produce electricity, which can then be sold on the market for a higher price.  Currently, 11 such plants are running in Switzerland with a combined 1400 megawatt capacity. Three other projects are under construction, to increase Swiss pumped-storage capacity to 3500 megawatts by 2017. Two more PSPs are being planned: ‘Grimsel 3′ at the Grimsel Pass in the Bernese Alps and ‘Lago Bianco’ at the Bernina Pass in Grisons.

“The symbiosis between nature and technology has defined the character of this landscape,” writes the Grimsel region’s tourism agency. Ernst Baumberger, press officer at the regional energy company KWO looks at Grimsel through two lenses: while praising the region’s beauty, Baumberger points out that a plenty of precipitation, glaciation, rock as building ground and the immense altitude difference make it ideal for water power use. KWO put its first power plant at Grimsel in operation 80 years ago.  The company recently was licenced to implement its 1.2 billion Swiss francs project ‘KWOplus’, including the construction of a second PSP (‘Grimsel 3′). The plant will have a 660 megawatt capacity, which is about the power of an average Swiss nuclear plant. The plan is controversial, both politically and economically.

“Switzerland doesn’t need any additional PSPs. There’s neither a lack of batteries, nor a grid stability problem,” argues Jürg Buri, managing director of the Swiss Energy Foundation (SES). He says that no country operates as many flexible power stations as Switzerland….Environmental organisations say that mainly cheap electricity from coal and nuclear plants is used for the pumping and that during the process, about a quarter of the energy is lost. Even worse, at windy times, PSPs keep coal and nuclear plants running.  There’s nothing green about pumped-storage hydroelectricity anyway. “If today’s PSPs were supplied with clean energy, that business would be unprofitable,” Buri says. “The revenues of the peak current wouldn’t make up for the purchase price and the energy lost for pumping.”

According to the licence, KWO is obliged to run Grimsel 3 with as much renewable energy as “economically and technically possible.” No fixed share was defined however. KWO’s Baumberger stresses that in the long term, the company’s PSPs should run solely with green electricity. “However, the primary criteria will remain the profitability,” he adds.  While the energy company praises Grimsel 3 as an important contribution to the security of energy supply for the country, Jürg Buri claims that the pumped-storage business further strains transmission lines. “In fact, to run Grimsel 3, even more lines would have to be built, something which people often forget about….

The Swiss Association for Water Management (SWV) views investments in PSPs as risky and their profitability as volatile. At the Bernische Kraftwerke (BKW), which holds half of KWO’s shares and manages electricity trade, the media officer declines to comment on the prospects of pumped-storage hydroelectricity…

In contrast to environmental organisations, KWO’s Baumberger remains optimistic. He stresses that in the light of booming wind and solar energy in Europe, the demand for further storage capacities will grow. “What Switzerland so far offers in terms of energy storage is nothing but a drop in the ocean.”  While opinions on the future of Swiss pumped-storage hydroelectricity differ sharply, one thing seems sure: the industry’s prospects lie in the hands of European, not Swiss politicians and businessmen.

Excerpts from Ray Smith, Swiss Battery May Lose Power, IPS, Dec. 8, 2012

Coerced Transparency: Leaked Climate Change Report

The fifth assessment report (AR5) by the Intergovernmental Panel on Climate Change, which is not due to be published in full until September 2013, was uploaded onto a website called Stop Green Suicide on Thursday and has since been mirrored elsewhere on the internet.  The IPCC, which confirmed the draft is genuine, said in a statement: “The IPCC regrets this unauthorized posting which interferes with the process of assessment and review. We will continue not to comment on the contents of draft reports, as they are works in progress.”

A little-known US-based climate sceptic called Alex Rawls, who had been accepted by the IPCC to be one of the report’s 800 expert reviewers, admitted to leaking the document. In a statement posted online, he sought to justify the leak: “The addition of one single sentence [discussing the influence of cosmic rays on the earth’s climate] demands the release of the whole. That sentence is an astounding bit of honesty, a killing admission that completely undercuts the main premise and the main conclusion of the full report, revealing the fundamental dishonesty of the whole.”  Climate sceptics have heralded the sentence – which they interpret as meaning that cosmic rays could have a greater warming influence on the planet than mankind’s emissions – as “game-changing”.

The isolation by climate sceptics of one sentence in the 14-chapter draft report was described as “completely ridiculous” by one of the report’s lead authors. Prof Steve Sherwood, a director of the Climate Change Research Centre at the University of New South Wales, told ABC Radio in Australia: “You could go and read those paragraphs yourself and the summary of it and see that we conclude exactly the opposite, that this cosmic ray effect that the paragraph is discussing appears to be negligible … It’s a pretty severe case of [cherry-picking], because even the sentence doesn’t say what [climate sceptics] say and certainly if you look at the context, we’re really saying the opposite.”  The leaked draft “summary for policymakers” contains a statement that appears to contradict the climate sceptics’ interpretation.  It says: “There is consistent evidence from observations of a net energy uptake of the earth system due to an imbalance in the energy budget. It is virtually certain that this is caused by human activities, primarily by the increase in CO2 concentrations. There is very high confidence that natural forcing contributes only a small fraction to this imbalance.”  By “virtually certain”, the scientists say they mean they are now 99% sure that man’s emissions are responsible. By comparison, in the IPCC’s last report, published in 2007, the scientists said they had a “very high confidence” – 90% sure – humans were principally responsible for causing the planet to warm.

Richard Betts, a climate scientist at the Met Office Hadley Centre and an AR5 lead author, tweeted that the report is still a draft and could well change: “Worth pointing out that the wording in the leaked IPCC WG1 [working group 1, which examines the “physical science basis” of climate change] draft chapters may still change in the final versions, following review comments.”  Bob Ward, policy and communications director at the Grantham Research Institute on Climate Change and the Environment at London School of Economics and Political Science, said that Rawls appeared to have broken the confidentiality agreement signed by reviewers: “As a registered reviewer of the IPCC report, I condemn the decision by a climate change sceptic to violate the confidentiality of the review process. The review of the IPCC report is being carried out in line with the principles of peer review which operate throughout academic science, including an expectation of high standards of ethical behaviour by reviewers. It is disappointing, if not surprising, that climate change sceptics have been unable to meet these high standards of ethical behaviour.”

The IPCC, which publishes a detailed synthesis of the latest climate science every seven years to help guide policy makers, has experienced leaks before. In 2000, the third assessment report was leaked to the New York Times, while the fourth assessment report was published in 2006 by the US government a year ahead of its official publication.

Prof Bill McGuire, Professor of Geophysical & Climate Hazards at University College London and contributing author on the recent IPCC report on climate change and extreme events, said that sceptics’ reading of the draft was incorrect: “Alex Rawls’ interpretation of what IPCC5 says is quite simply wrong. In fact, while temperatures have been ramping up in recent decades, solar activity has been pretty subdued, so any interaction with cosmic rays is clearly having minimal – if any – effects. IPCC AR5 reiterates what we can be absolutely certain of: that contemporary climate change is not a natural process, but the consequence of human activities.”

Prof Piers Forster, Professor of Climate Change at the University of Leeds, said: “Although this may seem like a ‘leak’, the draft IPCC reports are not kept secret and the review process is open. The rationale in not disseminating the findings until the final version is complete, is to try and iron out all the errors and inconsistencies which might be inadvertently included. Personally, I would be happy if the whole IPCC process were even more open and public, and I think we as scientists need to explore how we can best match the development of measured critical arguments with those of the Twitter generation.”

Landmark climate change report leaked online, Guardian, Dec. 14,2012

Turning Turkey into an Illegal Nuclear Dump: the evidence

Amid growing public concern about the discovery of radioactive waste buried at an abandoned factory in Izmir (Turkey), experts have pointed out to the possibility that there could be other sites with nuclear waste imported illegally into Turkey from foreign companies that operate nuclear plants.Public concerns about radioactive and other toxic waste began after a news report appeared in the Radikal daily last week about the discovery of highly radioactive waste buried at a defunct factory on Akçay Street, the main thoroughfare running through Izmir’s Gaziemir district. The Turkish Atomic Energy Agency (TAEK), which was assigned to test the plant on Tuesday, stated that the radioactive level at the site did not constitute a dangerous situation, but they didn’t address concerns about a radioactive material that might have been brought into Turkey illegally.   The factory, situated on more than 70 acres, used old batteries and scrap lead to produce cast lead until just a few years ago.

In relation to the inspection, a former senior manager of the Izmir factory, speaking on condition of anonymity to Radikal on Thursday, confirmed the fact that the toxic waste of the factory was buried on the site in an effort to save money by not sending the waste for proper disposal. However, he didn’t comment on the possibility of nuclear materials being brought in illegally.  It was also reported that locals, particularly children playing in the vicinity, had access to the plant as the wire fencing around the factory had corroded over time.

Radikal reported that TAEK had examined the site of the factory in 2007. A radioactive substance called europium, an illegally imported element used in nuclear reactor control rods, found on the site is thought to be the source of the radioactivity, a report from TAEK showed.  A nuclear engineer at Okan University, Tolga Yarman said the radioactive element could have entered the country along with other nuclear waste, as it was illegal to keep this substance in Turkey. In fact, other sites where nuclear waste was buried have been discovered. A similar case was reported in 1987 by Professor Ahmet Yüksel Özemre, a former general director of TAEK and Turkey’s first nuclear engineer….”The ministry should have ideal staffing levels to work more closely on the detection of nuclear waste cases by complying with European Union standards, and a control mechanism should be part of this improvement,” said Ministry of Environment and Urban Planning Deputy Undersecretary Mustafa Öztürk.  Professor Öztürk warned about tons of toxic waste which is illegally buried at many other plants in different provinces around Turkey.  “Toxic waste can only be kept on site at a plant for six months provided that plant authorities take the necessary environmental precautions, and the waste should be moved to disposal centers at the end of the period stated by law. However, plants keep running while their waste is buried in the soil without taking any precautions. This is the case for many provinces, including Istanbul, Samsun, Hatay, Kayseri and Mersin,” answered Öztürk to a question about the legal regulations regarding the conservation and disposal of toxic waste.

A similar case was reported in 1987 by Professor Özemre, who received an anonymous tip that 1,150 tons of radioactive waste, which were imported from Germany, had been buried on the site of the Göltas cement factory in Isparta, a province in southwest Turkey. Özemre had also asserted, in a written document and on several television news programs, that a flour factory in Konya had burned 800 tons of toxic waste on its site in order to generate energy.  He further noted that he would not have given credit to this anonymous tip about the nuclear waste cases in Isparta and Konya if he himself had not received a similar proposal from a German firm who offered him 40 million Deutsche Mark in return for burying 4,000 tons of radioactive waste while he served as the director of TAEK. Özemre asserted that when he did not accept the German firm’s proposal, stating that he “would not let Turkey turn into a nuclear landfill,” the firm told him that the toxic waste would be buried in Turkey one way or another.

A research commission was assigned by the Turkish Parliament to check into the claim that illegal nuclear waste was buried around Isparta and had been burned in Konya. The conclusion of the commission, published in the form of general meeting minutes in 1997, showed that the factory sites did not include radioactive elements.

Excerpt, Izmir Factory Scandal Causes Concern Over Nuclear Waste Elsewhere, http://www.haberler.com, Dec. 9, 2012

The Arctic Challenger: ready for Arctic oil spills

Shell Oil has been building and testing equipment designed for the Arctic Ocean in Puget Sound, Seattle, United States.  In September, a key test of underwater oil-spill equipment was a spectacular failure.  It forced the energy giant to postpone drilling into oil-bearing rocks beneath the Arctic Ocean until next summer. Shell and its federal regulators have been tight-lipped about the failed test.  But a freedom-of-information request reveals what happened beneath the surface of Puget Sound.

Before Shell can drill for oil in the Arctic Ocean, it needs to prove to federal officials that it can clean up a massive oil spill there. That proof hinges on a barge being built in Bellingham called the Arctic Challenger.  The barge is only one component of Shell’s plans for handling oil spills off the remote north coast of Alaska. But the Obama Administration won’t let oil drilling get under way until the 36-year-old barge and its brand new oil-spill equipment are in place,  On board the Arctic Challenger is a massive steel “containment dome.” It’s a sort of giant underwater vacuum cleaner. If efforts to cap a blown-out well don’t work, the dome can capture spewing oil and funnel it to a tanker on the surface.

The Arctic Challenger passed several US Coast Guard tests for seaworthiness in September. But it was a different story when its oil-spill containment system was put to the test in 150-foot-deep water near Anacortes, Washington.  The federal Bureau of Safety and Environmental Enforcement required the test of the oil-spill system.

According to BSEE internal emails obtained by KUOW, the containment dome test was supposed to take about a day. That estimate proved to be wildly optimistic.

•Day 1: The Arctic Challenger’s massive steel dome comes unhooked from some of the winches used to maneuver it underwater. The crew has to recover it and repair it.

•Day 2: A remote-controlled submarine gets tangled in some anchor lines. It takes divers about 24 hours to rescue the submarine.

•Day 5: The test has its worst accident. On that dead-calm Friday night, Mark Fesmire, the head of BSEE’s Alaska office, is on board the Challenger. He’s watching the underwater video feed from the remote-control submarine when, a little after midnight, the video screen suddenly fills with bubbles. The 20-foot-tall containment dome then shoots to the surface. The massive white dome “breached like a whale,” Fesmire e-mails a colleague at BSEE headquarters.

Then the dome sinks more than 120 feet. A safety buoy, basically a giant balloon, catches it before it hits bottom. About 12 hours later, the crew of the Challenger manages to get the dome back to the surface. “As bad as I thought,” Fesmire writes his BSEE colleague. “Basically the top half is crushed like a beer can.”

Representatives of Shell Oil and of BSEE declined to answer questions or allow interviews about the mishaps. In an email, Shell spokeswoman Kelly op de Weegh writes:  Our internal investigation determined the Arctic Challenger’s dome was damaged when it descended too quickly due to a faulty electrical connection, which improperly opened a valve. While safety systems ensured it did not hit the bottom, buoyancy chambers were damaged from the sudden pressure change.

Environmental groups say the Arctic Challenger’s multiple problems show that Shell isn’t prepared for an Arctic oil spill.

Excerpt, By John Ryan, Sea Trial Leaves Shell’s Arctic Oil-Spill Gear “Crushed Like A Beer Can”, Kuow.org. Nov. 30, 2012

Who is the Master of Mastercard? credit card blockades

A blockade on WikiLeaks payments processor DataCell by Visa, MasterCard and American Express is unlikely to violate EU competition rules.  MasterCard, Visa and American Express, among others, stopped processing payments for WikiLeaks when it started releasing about 250,000 secret US diplomatic cables in 2010. This made it hard to raise funds, and WikiLeaks has said the blockade resulted in a 95 percent donations reduction, which cost the organisation more than US$50 million.

DataCell, the company that processed WikiLeaks donations until the blockade started, last year filed a complaint with the European Commission, suggesting the blockade is a violation of European competition rules.  The Commission, however, does not think that is the case. “On the basis of the information available, the Commission considers that the complaint does not merit further investigation because it is unlikely that any infringement of EU competition rules could be established,” an official of the European Commission said in an email on Tuesday.

he Commission said it looked at the impact of the blockade on DataCell and at the impact on the markets in which it operates. “It appears that DataCell is not prevented from accepting card payments for its own services or for the benefit of other parties; it is only payments for the benefit of WikiLeaks that DataCell cannot process. It seems unlikely that this would lead to harmful effects to competition and to consumers on the payment services markets concerned,” the official said.  It is unclear when the Commission will issue a final decision. “We never announce that in advance,” the official said.

WikiLeaks’ founder, Julian Assange, was displeased with the news. “These companies should not have the power to impose an economic death penalty,” he said during a news conference that was available via a live video link in Brussels. Assange is in self-imposed political asylum in the Ecuadorian embassy in London to avoid being extradited to Sweden, where he is wanted for questioning related to accusations of committing sexual offenses…

While the European Commission is unlikely to decide the payment blockade against WikiLeaks violates competition laws, the European Parliament last week called for legislation to regulate credit card companies’ ability to refuse service to organizations such as WikiLeaks. The Parliament voted in favor of a text that “considers it to be in the public interest to define objective rules describing the circumstances and procedures under which card payment schemes may unilaterally refuse acceptance.” [see European Parliament resolution of 20 November 2012 on ‘Towards an integrated European market for card, internet and mobile payments’ (2012/2040(INI))

“Visa can set the rules of the market”  The Commission will be asked to consider the text for laws limiting the rights of credit card companies to refuse service.  “The Commission’s assessment to not even investigate is in total opposite direction of the political will,” said Andreas Fink, CEO of DataCell, in an email. Fink read the preliminary report send to him by the Commission.

“It basically sounds like they were hunting for an excuse to not have to investigate it,” he said. The Commission essentially reasoned that one less small player in the market doesn’t change the market mechanics, while the intention of competition rules is to avoid powerful, monopoly-like players like Visa dictating to the market, Fink said…. adding that when Visa ordered service providers to stop DataCell payments to WikiLeaks in Iceland, MasterCard and American Express transactions were automatically canceled as well.  “So Visa can set the rules of the market,” dictating to other credit card companies, Fink said. “This is competition control at its finest,” he said, calling the situation “absurd.”

Credit card blockade of WikiLeaks donations likely to be legal, EU says, Computerworld, UK, Nov. 28, 2012

Oil Sands of Canada

Canada’s oil sands contain some 170 billion barrels of oil that can be recovered economically with today’s technology (and perhaps ten times that in total). Canada thus has the world’s third-largest proven oil reserves, after Saudi Arabia and Venezuela. And since most oil-rich nations’ reserves are under state control, Canada has the largest reserves that private companies are free to invest in—more than half of the global total, reckons Ken Hughes, Alberta’s energy minister.

Other countries welcome the idea of plentiful energy from a stable democracy. It could reduce the rich world’s dependence on the Middle East. There are “no bribes or body bags”, grins an oil-industry booster. And the potential is immense. A new study by the Alberta Geological Survey estimates that the province has huge resources in its shale beds as well as its oil sands: 3,400 trillion cubic feet of natural gas and 420 billion barrels of oil—numbers comparable to America’s.  However, Canada’s output of 3.5m barrels of oil a day is less than half that of America. (America’s output is set to exceed Saudi Arabia’s; see article.) Several problems hobble Canadian energy: geology, capital, people and pipes.

First, geology. Canadian oil is hard to extract. It mostly comes in the form of bitumen, which is “hard as a hockey puck” at 10°C, as the Canadian Association of Petroleum Producers (CAPP), an industry body, puts it. If it is far below ground, it must be blasted with steam to make it flow, and then pumped out. This process (known as “steam-assisted gravity drainage”) was developed in Alberta. In the past decade, with high oil prices, it has made the oil sands economical to exploit. But precariously so: the best projects break even when oil is $30 a barrel, but many new ones need it to be $80 or more. (West Texas Intermediate is currently $85.)

Canada gets less than it should for its oil because it lacks enough pipelines. Environmentalists oppose them, arguing that pipes leak (which is always possible) and that Canada’s heavy oil causes more greenhouse-gas emissions than other oil (which is true, but not by much). President Barack Obama has delayed the approval of a pipeline called Keystone XL, which would move Canadian oil to America’s Gulf coast. A decision is expected soon.

Alex Pourbaix of TransCanada, the firm behind the Keystone pipeline, insists that the project will be good for both countries. Canada forgoes a fortune—perhaps $20 a barrel—because it cannot get its oil to the sea. Canadian gas sells at a discount, too: North American prices are far lower than those in Asia.  Another proposed pipeline, Northern Gateway, would carry oil to Canada’s west coast, whence it could be shipped to Asia. Canada would benefit from having a choice of customers. But the government of British Columbia, and various aboriginal groups, have yet to say yes.

To exploit its hydrocarbons, Canada needs capital: some $50 billion-60 billion a year, on recent trends. Such sums are “far more than Canadian capital markets can raise,” says Dave Collyer of the CAPP. Canada gets plenty of foreign investment: Syncrude, one of the biggest oil-sands developers, is a joint venture that includes American, Chinese and Japanese partners. But lately the country has grown frostier towards foreign capital.

In October Canada’s federal government temporarily blocked a $5.2 billion bid by Petronas, Malaysia’s state energy giant, for Progress Energy Resources, a Canadian natural-gas company. It has yet to approve a $15 billion offer by CNOOC, a Chinese state-owned firm, for Nexen, a Canadian oil-and-gas firm. A deadline passed last week; a decision may come next month. Mr Hughes says he is keen on foreign investment so long as foreign firms abide by the same rules as Canadians; but it is not up to the provincial government.

The other big bottleneck is human capital. Hardly anyone lives near the oil sands, so labour must be imported, from other parts of Canada and from abroad. People from 127 countries live in Fort McMurray, says Ken Chapman of the Oil Sands Developers’ Group. They speak 69 languages. The Walmart in town looks like the United Nations, except that all the shivering Africans are buying woolly hats. Mr Hughes expects to see a skills shortfall of 100,000 people in Alberta by 2017. Canada’s immigration rules are more liberal than America’s, but firms still gripe about delays. An Irish worker in Fort McMurray complains of having to fly to Calgary to sit a test of English proficiency. It’s her native language, and the test is online.

Companies poach staff from each other, bidding up labour costs. It would be easier to attract workers to Fort McMurray if the town were more liveable; a one-bedroom flat can cost $2,000 a month. To build more homes, however, the town must wrestle with provincial red tape—and also attract legions of builders, plumbers and electricians, all at inflated wages.

Working conditions in the oil sands are tough. Touch a metal pipe with your bare hand at minus 40 and it sticks. “It’s not for everybody,” shrugs an oil-firm boss. At remote work camps, companies provide hot food, warm cabins, broadband and squash courts. All this is costly. Many firms make equipment elsewhere and truck it in, so that fewer people have to toil in the cold. Some are hoping dramatically to raise the proportion of man-hours worked off-site.

With so many bottlenecks and a volatile oil price, firms are growing cautious. Suncor Energy and Canadian Natural Resources, among others, are putting new investments on hold. “It’s the uncertainty,” says Marcel Coutu, the boss of Canadian Oil Sands, a firm that owns 37% of Syncrude. “No one knows when or whether those pipelines will be built.”

Canadian energy: The sands of grime, Economist, Nov. 17, 2012, at 62

Wall Street Manipulation of Energy Markets

The U.S. Federal Energy Regulatory Commission (FERC) is taking on big banks for their questionable energy trade.  The Federal Energy Regulatory Commission has slammed Barclays (pdf) with a demand to pay $470 million in fines for allegedly manipulating electricity markets in the western US to benefit the bank’s financial swap positions from 2006 to 2008.  Messages and email exchanges between Barclays energy traders released earlier this month reflect their efforts to manipulate and cheat their way to profits. What’s more disturbing is the glee the Barclay’s traders took in manipulating the energy markets with a total disregard for the costs to consumers.

The Barclays traders’ own words are damning:

“I totally f**kked with the Palo mrkt today. . . . Was fun. Need to do that more often.”

The attitude expressed doesn’t get much clearer than that.

In another instant message, the same Barclays trader wrote, “I’m gonna try to crap on the NP light and it should drive the SP light lower.”

The response from his colleague: “That is fine.”

Enron’s energy traders could have written the Barclays’ traders’ scripts. Remember Enron traders gloating, “He just f—s California,” and “He steals money from California to the tune of about a million” a day?  Only the traders’ attitudes are more obscene than their language. So saturated in arrogance, the traders had no concern they might get caught — which makes it even better that they did.

Though FERC hasn’t historically had much to do with regulating Wall Street, that is changing. FERC now also is going after JPMorgan Chase (pdf) and Deutsche Bank  (pdf) on similar charges.  The Los Angeles Times reports that JP Morgan’s questionable trades in the power market in 2010 and 2011 may have cost California residents and businesses more than $200 million. The no-holds-barred pursuit of profiteering no matter what laws and regulations are violated or what the cost is to the public has become a hallmark of Wall Street from Enron to Barclays.

While Wall Street may not have gotten the message that Enron-esque conduct is wrong, it’s gratifying to see FERC step up to hold banks accountable using the power from a post-Enron law. The 2005 Energy Policy Act gave FERC the authority to prevent market manipulation in the energy markets.  Not only does FERC have the power to fine companies as much as $1 million a day per violation, but it also has the ultimate weapon: the ability to suspend authorization to sell. JP Morgan knows that FERC is not afraid to flex this muscle.

Just last week, FERC suspended the authorization for a JPMorgan unit, J.P. Morgan Ventures Energy Corp., to sell electricity at market-based rates for six months beginning next April. FERC took this step because it found that JPMorgan had filed “factual misrepresentations” and omitted material information in filing with FERC and in communications with the California Independent System Operator. JPMorgan will be able to offer electricity for sale only at prices based on specified factors, so that utilities can continue to be able to meet demand.  FERC is relatively new to dealing with Wall Street, but it is quickly learning that a strong jolt is necessary to get banks to comply.

The Commodity Futures Trading Commission, which often works side-by-side with FERC, is expected to see similar cases of energy market manipulation as a result of whistleblower information provided to the CFTC’s new whistleblower reward program created under Dodd-Frank. The outcome of the FERC cases against Wall Street could provide a useful roadmap for future whistleblowers.

Excerpt from, Erika Kelton, Barclays’ Traders Show How Much Fun Wall Street Has Manipulating Markets, Forbes, Nov. 20, 2012

Rating Agencies on Fire

The ruling in the Federal Court of Australia on November 5th held Standard & Poor’s (S&P) jointly liable with ABN AMRO, a bank, for the losses suffered by local councils that had invested in credit derivatives that were designed to pay a high rate of interest yet were also meant to be very safe. The derivatives in question were “constant proportion debt obligations” (CPDOs). These instruments make even the most ardent fans of complex financial engineering blush: they are designed to add leverage when they take losses in order to make up the shortfall. S&P’s models, which the court said blindly adopted inputs provided by ABN AMRO, gave the notes a AAA rating, judging they had about as much chance of going bust as the American government.

S&P denies that its ratings were inappropriate, and plans to appeal. But evidence before the court suggests a world of harried analysts being outsmarted by spivvy bankers. It also indicated a disturbing lack of curiosity by S&P analysts and a desire to cover up for the firm’s failings even when they fretted about a “crisis in CPDO land” and worried that some buyers of these products were “in no hurry to stay in front of the truck”. Instead of warning investors that it had made mistakes, the court found that the firm continued to provide glowing opinions on new CPDOs coming out of the ABN AMRO factory.  There is nothing in the ruling to suggest the shoddy behaviour that took place in this instance was widespread across the firm. It would be a mistake to attribute all ratings that subsequently turn out to be wrong to negligence. Making predictions is hard, as Yogi Berra, a famously quotable baseball player, noted, especially when they are about the future.

But the Australian case does challenge a central part of the defence proffered by S&P and other ratings agencies (Moody’s and Fitch are the other two big ones) in some 40 ongoing cases worldwide alleging negligence. They argue that ratings are merely opinions and protected by constitutional safeguards on free speech, and that only imprudent investors would take decisions solely based on them.  This defence has already worked in a number of high-profile cases in America. Investment analysts and lawyers reckon that there is no sign that courts elsewhere are likely to follow the Australian ruling; it may not even survive the appeal. But the reasoning in the Australian case is persuasive. The judge argued that agencies could not wash their hands of all responsibility if investors took their ratings at face value and then lost money. “The issuer of the product is willing to pay for the rating not because it may be used by participants and others interested in financial markets for a whole range of purposes but because the rating will be highly material to the decision of potential investors to invest or not,” the judge wrote.

The tendency of investors to rely on ratings is reinforced by the privileged access that agencies have to information about issuers. The agencies’ defence that theirs is just an opinion wears thin when, having looked under the hood and kicked the tyres, they then tell investors to make up their own mind from a distance. It would help if regulators forced issuers of bonds and other rated securities to provide more public information. That would allow investors to do more of their own due diligence and enable more competition between agencies to provide the best analysis to investors rather than the best service to issuers.

Ratings agencies: Crisis in ratings land?, Economist, Nov. 10, at 74

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Italian prosecutors filed suit against five former employees of Standard and Poor’s (S&P) and two former employees of Fitch [corporate websites] for allegedly manipulating the market and abusing privileged information that led to the rating agencies’ downgrades of Italy. Though magistrates in Rome and Milan have refused to support the claim, prosecutors from the southern town of Trani contend that the agencies failed to respect European rules of transparency.

Barclays and Qatar: an Unholy Alliance?

U.S. authorities are investigating Barclays  for potentially violating anti-corruption laws during its scramble to raise money from Middle Eastern investors in the early days of the financial crisis.  The probe, being conducted by the Justice Department and the Securities and Exchange Commission, is at an early stage…The U.S. investigation follows a similar probe that British regulators opened earlier this year.

According to people familiar with the probe, it is examining Barclays’ use of middlemen serving as brokers to connect the bank with powerful Middle Eastern interests at a time when the bank was seeking a cash injection from investors in the region.  Barclays disclosed the investigation at the same time it reported a GBP106 million third-quarter loss…The new investigations represent the latest blows to a once-proud British institution. This summer, Barclays paid about $450 million to settle U.S. and British charges that it sought to manipulate benchmark interest rates, sometimes at the behest of top executives. The ensuing political furor led to the abrupt resignations of Barclays’s chairman, chief executive and chief operating officer.

The Justice Department and SEC investigation involves possible violations of the Foreign Corrupt Practices Act, which among other things bars companies with U.S. operations from bribing overseas politicians or corporate executives in order to win business.  In June 2008, as the financial crisis was gaining steam, senior bankers at Barclays persuaded the Qatar Investment Authority and other investors to inject about GBP4.5 billion into the British bank, seeking to erase fears about Barclays’s health. As part of that deal, Barclays hired the Qatar fund to provide “advisory services’ in the Middle East. The bank later disclosed that it was paying about GBP238 million in fees and commissions to Qatar Investment Authority and related entities.

This summer, the U.K.’s Financial Services Authority launched a formal investigation into Barclays’s public disclosures of those arrangements. The probe focused on past and present Barclays executives, including finance chief Chris Lucas, as well as on the manner in which Barclays wooed the Qataris to invest, according to people familiar with the matter.

Excerpts, Barclays Faces U.S. Anti-Corruption Probe, MarketWatch, Oct. 31, 2012

An Independent Kurdistan? Ask the Oil Companies

Iraq is blessed with abundant oil that is cheap to extract and close to newly built export terminals. Production has hit a three-decade high and continues to rise steadily. By 2035, predicts the International Energy Agency (IEA) Iraqi output could more than double, to 8.3m barrels per day (b/d).  But Western oil firms are increasingly reluctant to play a part in this boom. ExxonMobil appears keen to sell its stake in West Qurna, one of the giant fields in southern Iraq that will provide much of the production growth. Royal Dutch Shell and BP are both still working in the south, but unhappily so. Suffocating bureaucracy and onerous contract terms make life difficult. Heavier-than-expected costs and delays to infrastructure undercut profits.

Three years ago when they signed contracts with the Iraqi government, the oil majors were prepared to accept hiccups. But their patience has thinned with the arrival of an alternative source of Iraqi oil. Kurdistan, the semi-autonomous province in the country’s north, has been offering competing and much more lucrative deals. ExxonMobil’s decision last year to acquire six blocks in the region angered the central government, which considers the deal illegal and lays claim to Kurdish oil. But the world’s largest oil company started a trend. In July Total, Chevron and Gazprom all signed contracts with the Kurdistan regional government, potentially dooming their chances of winning future business in the south. BG, a British firm, was in Erbil, the Kurdish capital, on a scouting mission in late October.

“Kurdistan is 11 years ahead of the rest of Iraq in terms of political and commercial development,” says Luay al-Khatteeb, head of the Iraq Energy Institute, a London-based think-tank. Kurdistan’s potential oil reserves of around 45 billion barrels are less than a third of those in southern Iraq. Still, the Kurdish oil minister, Ashti Hawrami, believes output of 1m b/d is possible within three years.

The tricky part is getting the oil to market. The Kurds today export around 200,000 b/d through pipelines controlled by the central government. Mr Hawrami wants to build a new Kurdish-owned pipe to Turkey, feeding long-held dreams of Kurdish independence. That unnerves Turkey which is fighting Kurdish separatists in its south-east. Some Turkish officials seem to acknowledge the possibility of an eventual Kurdish state in northern Iraq and seek to make it commercially dependent on Turkey. Co-operating with the Iraqi Kurds would also generate lucrative transit fees and offer Turkey an alternative to oil from Russia and Iran.

The Iraqi government is pondering how to respond. It could sweeten the terms of its contracts with the oil firms in the south. That might staunch the flow of Western capital to Kurdistan. In the meantime, the main beneficiaries of the majors’ receding interest in southern Iraq are Asian oil firms. Chinese will account for about 2m b/d of Iraq’s production by 2020. Fatih Birol, the IEA’s chief economist, talks of a “Baghdad-to-Beijing” axis.

Iraq’s oil: The Kurdish opening, Economist,Nov. 3, at 49

Fradulent Quality Certificates for Nuclear Reactors: South Korea

South Korea’s ambitious nuclear energy program is under intensive scrutiny and criticism after the discovery of microscopic cracks in the structure of a nuclear power plant and forgery of quality certificates vouching for thousands of components in at least two reactors.  Officials in all three major agencies responsible for monitoring the program said Friday there’s no danger to nuclear safety, but the government ordered the shutdown of the two reactors with the uncertified parts. At the same time, the head of the state company overseeing the program, Korea Electric Power Corp. has resigned for what he said were personal reasons.

A sequence of problems at a nuclear power plant on the southwestern coast fueled rising doubts about a program that’s been a centerpiece of the government’s energy policy since the first reactors went on line more than 30 years ago. Korea counts on nuclear energy for 30 percent of its electrical power, but critics are now demanding the government shut down some of the older plants and pull back from plans to build enough reactors to fulfill half the country’s power needs.  “I am worried about safety standards,” says Lee Chang-choon, who served as South Korea’s ambassador to the International Atomic Energy Agency during his long diplomatic career. “I do not have confidence and trust in the care of sensitive machinery operations.”

The trouble seemed to begin at the nuclear power plant at Yeonggwang where inspectors this week reported thousands of  “noncore components” were installed on the basis of fraudulent quality certificates. The Korea Hydro and Nuclear Power Corporation, which operates Korea’s four nuclear power plants, including 23 reactors, promised to replace all the parts by the end of the year while asking prosecutors to investigate alleged bribery.

Compounding the difficulties at the Yeonggwang plant, the ministry also reported the discovery of microscopic cracks in passages linking control rods to one of the reactors. An official at the Korea Hydro and Nuclear Power Corporation said the cracks affected warning signals on control panels but not operation of the reactors…

The underlying problem, however, is that South Korea has virtually no oil or natural gas deposits and is running out of coal. Nuclear power has long been seen as the only way to meet the demands of a growing industrial economy. Hong Suk-woon, Korea’s knowledge and economy minister, warned of severe power cuts that might affect industry and individual consumers as a result of shutdown of the two Yeonggwang reactors….

Others are still more critical. Yun Sun-jin, a professor who teaches courses on energy policy at Seoul National University, accuses the Korea Hydro Nuclear Power Corporation of placing higher priority on output with reduced emphasis on safety.  “They are decreasing the time for periodic overhaul of reactors,” she says. “They think a high operation rate means a more competitive strategy.”  She agrees with the view of the nongovernmental Korea Federation for the Environment that the government should shut down older plants and cancel plans to build new ones.  “We cannot believe nuclear power plants are safe,” says Yang-yi Won-young, in charge of the organization’s “nuclear phase-out” campaign. “The government says nuclear energy is the cheapest and cleanest, but they don’t take account of the cost of getting rid of nuclear waste.”…An official at the ministry of knowledge and economy listed 60 forged quality certificates since 2003 including more than 7,600 components, 98.4 percent of which, he says, were for the Yeonggwang plant. “These are noncore parts,” he says, including fuses, switches, and resistors that cannot be used for the core safety-related facility” and therefore “posing no threat of radiation leakage.”  The government, he adds, “will prepare and implement a comprehensive package of measures as soon as possible starting later this month to cope with the possible power shortages during this winte

Excerpts, By Donald Kirk, Cracks at South Korean nuclear plant raise safety concerns, Reuters, Nov. 9, 2012

Tricks of Illegal Waste Dumping

The US Navy has launched its own investigation into allegations that its contractor has been dumping on Subic Bay hazardous wastes which it siphons from US Navy ships docked here.  In an e-mailed statement on Saturday, Cynthia Cook, deputy press attache of the US Embassy in Manila, said the US Navy had “initiated its own inquiry into allegations of hazardous waste dumping by Glenn Defense Marine Philippines, a contractor for the US Navy in the Philippines.”  Cook said the embassy was aware of the investigation being conducted by the Subic Bay Metropolitan Authority (SBMA), and that it would “take appropriate action depending on the outcome of those processes.”

The SBMA board of directors is meeting on Monday to discuss the results of the initial investigation into the reported dumping by Glenn Defense Marine Philippines, the local operator of the Malaysian-owned Glenn Defense Marine Asia, said SBMA Chair Roberto Garcia.  In a letter to the SBMA earlier, the lawyers of Glenn Defense claimed that the Presidential Commission on the Visiting Forces Agreement (VFACOM) was the only agency authorized to address complaints about toxic dumping at Subic Bay.  Also on Saturday, the Subic Bay Freeport Chamber of Commerce announced it had suspended the membership of Glenn Defense, a registered locator of the Subic Bay Freeport.

Danny Piano, SBFCC president, said the group was aware of the alleged dumping in Subic waters since October. He said the chamber’s environmental committee has been on the lookout for potential environmental problems around the freeport.  Piano recounted: “At around 8 a.m. on Oct. 15, members of the committee spotted a marine [vessel] collecting liquid waste from a US Navy ship at Alava Pier. They became curious [as to] why a [ship], and not a [sewage] truck, would be performing waste collection [for] a naval ship already berthed at a pier…  “Sensing potential hazard, the members reported the situation to the SBMA ecology department for a spot check and to make sure that proper procedures were followed in dumping the waste.”

The vessel, MT Glenn Guardian, had been carrying around 50,000 gallons of domestic waste and around 200 gallons of bilge water (or a combination of water, oil, and grease), which were untreated according to laboratory tests, Piano said.

By Robert Gonzaga, US Navy begins inquiry into toxic waste dumping, Inquirer Central Luzon, Nov. 10, 210

Bankers with Chainsaws – logging companies and their banks

Some big banks do little more than pay lip service to environmental issues. HSBC likes to think of itself as different. It has signed up to many initiatives, including the Equator Principles, a set of social and environmental standards launched in 2003 for project financiers….

Sarawak (Malaysia) has lost more than 90% of its “primary” forests to logging and has the fastest rate of deforestation in Asia. Sarawak has only 0.5% of the world’s tropical forest but accounted for 25% of tropical-log exports in 2010. As timber stocks have become depleted, the loggers have moved into the palm-oil business, clearing peat-swamp forests to make way for plantations. The deforestation has been accompanied by abuses against indigenous groups, including harassment and illegal evictions. Allegations of corruption and abuse of public office dog Abdul Taib Mahmud, Sarawak’s chief minister, finance minister and planning-and-resources minister, who is believed to have firm control over the granting of logging licences. Mr Taib has long denied being corrupt.

Global Witness, a campaigning group, has analysed the publicly available financial records of seven of Sarawak’s largest logging and plantation companies.  It identified loans and other financial services from HSBC that it estimates have generated at least $116m in interest payments and $13.6m in fees for the bank since 1977. Although lending has declined over the past decade, HSBC continues to list Sarawak loggers among its clients, in apparent violation of its own Forest Land and Forest Products Sector Policy.

On paper HSBC’s forest policy gets high marks, including from BankTrack, a network of NGOs that monitors lenders. When it was drawn up in 2004, the policy required clients to have 70% of their activities certified by the Forest Stewardship Council (FSC), or equivalent, by 2009, with evidence that the remainder was legal. (The FSC is a global non-profit body that sets standards and does independent certification for logging and forest products.)

Not only did the seven firms analysed fail to meet that deadline, but none has any FSC-certified operations today. Ta Ann Holdings, for example, listed HSBC as a “principal banker” in its 2011 annual report. Ta Ann does not have FSC certification, and has failed to obtain full verification of the legality of its Sarawak concession under the independent “Verified Legal Origin” scheme. The firm has been accused of clear-felling rainforest that is home to endangered orangutan and of cutting down conservation forest for plantations. Ta Ann told Global Witness it is “collaborating closely with HSBC towards achieving full compliance” with its forest policy.

Another forestry conglomerate that is still banking with HSBC, according to its annual report, is WTK Holdings, whose intensive logging is widely believed by pressure groups to have caused landslides that ended up blocking a 50km (31-mile) stretch of river in 2010. None of WTK’s operations is FSC-certified.

In all, Global Witness identified six loans, totalling $25m, made by HSBC to non-compliant Sarawak loggers since the bank introduced its forest policy. HSBC said in 2004 that it would stop doing business with clients that failed to make a reasonable effort to comply by 2009.  The Economist asked HSBC to comment. The bank declined to discuss its clients because of confidentiality, but said it is “not accurate” to state that its clients are in violation of its forestland and forest-products policy. It said current data show that 99% of its forest-sector clients worldwide (by size of lending) are “compliant” or “near-compliant” with its policy. What precisely it means by “near-compliant” is unclear…..HSBC’s  continued involvement, however modest, allows logging firms to claim credentials they don’t deserve. Ta Ann, for instance, has run adverts saying it holds forest-policy certification from HSBC. That looks like a figleaf.

Deforestation in Sarawak: Log tale, Economist, Nov. 3, 2012, at 75

Nuclear Waste and Environmental Justice

After California regulators refused to allow the U.S. Air Force to label residue from radioactive aircraft instruments as “naturally occurring” – declaring it unsuitable for a Bakersfield-area dump – the military turned to Idaho with the same story.  There, military officials met with success. The Air Force is now sending radioactive waste from Sacramento County’s McClellan Air Force Base to a Grand View, Idaho, hazardous waste landfill.

This solution involved a bit of legal semantics rejected in California despite 10 months of Air Force lobbying: The military claimed radium dust left over from glow-in-the-dark aircraft instruments actually was naturally occurring, putting it the same relatively lax regulatory category as mine tailings, according to government memos obtained by California Watch through a public records request.  Larry Morgan, a health physicist with the California Department of Public Health, disagreed with that characterization. Radioactive paint does not “meet the definition” of naturally occurring waste, he wrote in a September 2011 memo.

The Idaho facility’s permit allows it to accept materials defined as natural without notifying state regulators, leaving the state’s hazardous waste manager in the dark.  “I’m not familiar with this particular waste stream. I intend to find out now that you’ve contacted me,” Robert Bullock, hazardous waste permits manager for the Idaho Department of Environmental Quality, said during an October interview.  The redefinition of the waste as natural might not even have been necessary, given Idaho’s different standards for waste containing trace amounts of radium.

Days after the Idaho Department of Environmental Quality told California Watch that the agency was unaware of the Air Force waste, an official went out to inspect the landfill. Interviewed after that visit, engineer Dennis Meier said the dumping was legal because of the low concentration of radium in the soil, despite the source.  “It’s not waste that has to go to a radioactive waste facility,” he said. “The concentration is way below what we would accept.”

Nonetheless,California health officials and environmental activists accused the Air Force of bending the truth to get its way.  “Illuminated instrument dials do not naturally occur,” said Daniel Hirsch, a lecturer on nuclear policy at UC Santa Cruz who leads the environmental group Committee to Bridge the Gap. “I can’t dig into the soil and discover naturally occurring radium instrument dials.”

The radioactive dirt in question hails from the former McClellan Air Force Base northeast of Sacramento,now a commercial development site.“At least 24 sites” on the base “all have low levels of radium mixed in with the soil, and there are many thousands of cubic yards” of contaminated soil, according to Philip Mook, Western region senior representative for the Air Force Civil Engineer Center, which is in charge of cleanups at Air Force installations. “A little bit of radium goes a long way.”  The Air Force has sent 22,000 tons of radioactive dirt from McClellan out of state so far, according to Charlotte Fadipe, a spokeswoman for the California Department of Toxic Substances Control.

According to the federal Environmental Protection Agency, if significant radium is inhaled or ingested, it can increase the risk of diseases such as lymphoma, bone cancer and leukemia. While the concentrations in the McClellan soil are low, they are above limits the federal government has set to protect human health.  Before these medical effects became evident, aircraft dials and gauges were painted with glowing radium so pilots could see them better at night. Air Force officials speculate that the radium became dispersed in the soil at McClellan “probably in cleanup water, like mop water or solvents that were used to clean the equipment or to clean up spills of radium,” Mook said. Although radium paint wasn’t used on the base after the 1950s, items contaminated with it remained…

Stephen Woods, chief of the California Department of Public Health’s Division of Food, Drug and Radiation Safety, argued in a Nov. 4, 2011, letter that the dirt should be sent to “a licensed low-level radioactive waste disposal facility.” The Idaho facility where the soil is now going does not meet that criteria. Neither do any California waste disposal facilities.  That’s partly because of vocal opposition from local Kern County residents and environmental groups.  “Hazardous waste landfills in low-income communities of color in California aren’t the right places for” nuclear waste, said Caroline Farrell, executive director of the Center on Race, Poverty & the Environment, which for almost two decades has fought to limit the Buttonwillow landfill’s expansion and impact on local residents.

But in the past, the landfill has accepted nuclear waste. In 1998 and 1999, the Army Corps of Engineers sent residue from the Manhattan Project, the World War II-era research and development program that produced atomic bombs dropped in Japan, to the landfill.  The move outraged civilian officials.  Democratic U.S. Sen. Barbara Boxer testified before a Senate committee on July 25, 2000: “When I learned that the Corps had disposed of 2,200 tons of radioactive waste at an unlicensed hazardous waste facility in Buttonwillow, California, I was shocked. The facility sits atop aquifers that supply water to the Central Valley of California.”  Since the Manhattan Project controversy, the facility’s permit has been tightened. Yet the landfill’s current permit states that it may accept naturally occurring radioactive materials at low concentrations….

US Ecology, which operates the hazardous waste landfill in Grand View, Idaho, seemed to accept the terminology.  Steve Welling, senior vice president of sales and marketing for US Ecology, said in an interview that “state law and our permits” allowed the facility to accept the waste that the Air Force had characterized as naturally occurring.

Katharine Mieszkowski and Matt Smith, Air Force Ships Calif. Radioactive Waste To Idaho Landfill, NBC, Nov. 9, 2012

Ship Breaking – Greens against workers

At its height in 2008 Bangladesh’s ship-breaking industry accounted for half of all ships scrapped in the world, according to IHS, a consultancy. Today the country accounts for around a fifth. In these years Bangladeshi ship breakers found themselves at the forefront of criticism as NGOs and pressure groups exposed some of the worst practices causing environmental and human harm. These included high health risks due to injuries, noxious fumes and the handling of asbestos. Critics say one way in which Bangladesh competes on cost is that poor workers are unlikely to file claims for accidents or bad health. Another advantage is (or was) the use of child labour.

In 2009 the Bangladesh Environmental Lawyers Association (BELA), a public-advocacy group, convinced the Supreme Court to ban all ship recycling not meeting certain environmental standards. The court’s decision meant that by 2010 the ship-breaking industry had come to a halt. Zahirul Islam of PHP, a local manufacturer with a big ship-breaking division (the industry prefers to call it ship recycling), says that for 14 months the company was unable to import a single vessel for breaking.  Knock-on effects hurt the wider economy. A World Bank study estimated that ship breaking employed over 200,000 in Bangladesh. Many of the jobs were subsequently lost. And domestic steel prices rose sharply. Half of all Bangladesh’s steel comes from breaking ships.  Under pressure from the ship breakers, Bangladesh’s prime minister, Sheikh Hasina, has since relaxed the regulations. Hefzatur Rahman, president of the Bangladesh Ship Breakers Association, believes this has saved the industry. From just a score of vessels scrapped in the main part of Chittagong two years ago, about 150 were broken up in 2011.

Greens are not happy and want the ban reimposed. Delphine Reuter of the Shipbreaking Platform, an NGO in Brussels, describes ship recycling as “close to slavery”. It and BELA are leading the call for more regulation. That bothers international shipping firms and ship brokers, which argue that Bangladeshi ship breakers have cleaned up their act.

At the International Maritime Organisation, the UN agency responsible for curbing shipping pollution and ensuring safety, the head of pollution prevention, Nikos Mikelis, says environmentalists present Bangladesh with a false choice. “They say they are happy to have the industry, but not on the beaches. Where do they want it? In the mountains?”

Ship breaking in Bangladesh: Hard to break up, Economist, Oct. 27, 2012, at 44

Palm Oil Industry: environmental and human impacts

Indonesia’s largest palm oil company, Sinar Mas, ran into trouble recently when communities in Liberia complained about a 33,000 ha. operation being developed on their lands by its indirectly-owned subsidiary, Golden Veroleum in Butaw District, Sinoe County. Alfred Brownell, the lawyer from Green Advocates representing the Kru tribes impacted by the project who is attending the 10th Roundtable on Sustainable Palm Oil (RSPO) being held in Singapore this week noted:

Golden Veroleum is in clear violation of the RSPO’s New Planting Procedure as it has not advertised its plans to clear and plant oil palms and carry out and publicise a High Conservation Value Assessment in advance of expanding its operations. Under the RSPO procedure, the company should now cease clearance until due process is followed. The villagers are concerned that their lands are being taken without their fully informed or free consent.

This is the second palm oil development involving a prominent RSPO member to run into controversy in Liberia. Last year, a subsidiary of Malaysia’s largest palm oil consortium, Sime Darby, was criticised for expanding its operations without respecting local peoples’ rights. The company was in the early stages of developing a 220,000 ha. operation but was halted in its tracks by complaints, which, to its credit, the company has responded to by entering into dialogue with the communities.

The spotlight is now on two large palm oil operations in Cameroon. One is planned by a company called BioPalm, a subsidiary of India-based corporation Siva Group which is marking out its planned operations without consultation on the lands of the Bagyeli “Pygmies” in Océan Département in western Cameroon. The company claims to be an RSPO member but does not show up on the RSPO’s membership lists. Messe Venant, Project Coordinator of the community-based indigenous NGO Okani says:  As the affected Bagyeli communities have told us, the forest is their memory. If they lose it, they lose their past, their present and their future. They will no longer be Bagyeli. To destroy the forest is to reduce them to nothingness.

Another palm oil developer is SG Sustainable Oils Cameroon PLC (SGSOC), owned by Herakles Farms from the USA and an affiliate of Herakles Capital, which is also involved in the telecommunications, energy, infrastructure, mining and agro-industrial sectors in Africa. SGSOC is developing an oil palm plantation further north in Cameroon, but has also run into sustained opposition from local communities and concerned NGOs and has announced it will pull out of the RSPO.

Other cases are highlighted in a searching review of 15 companies’ operations carried out by the Forest Peoples Programme and SawitWatch with a consortium of other NGOs and community organisations in Liberia, Cameroon, the Democratic Republic of Congo, the Philippines, Malaysia and Indonesia.

One case examined is the operation being developed by Genting Plantations, a client of HSBC, and a subsidiary of the vast Genting group which runs a casino, hotel and property empire in Malaysia. Both companies are prominent RSPO members. Genting is now in a protracted land dispute with the Dusun and Sungai peoples in Tongod District in Sabah over the imposition of the oil palm plantation. Leonard Alaza representing the Indigenous Peoples Network of Malaysia or Jaringan Orang Asal SeMalaysia (JOAS) at the 10th Roundtable of the RSPO underway in Singapore, says:  The communities have been objecting to this plantation since 2000 and filed a court case 10 years ago asking the court to recognise their rights and freeze the company’s expansion. But instead of recognising our rights, as the RSPO standard requires, the company has been contesting even the admissibility of our case and meanwhile has taken over and planted all the disputed lands.

Excerpt from Press Release of Forest Peoples Programme, New oil palm land grabs exposed: Asian palm oil companies run into trouble in Africa, Nov. 1, 2012

Top Five Worst Polluters in Gas Flaring

An international coalition led by the World Bank is calling for state-backed and private oil producers to reduce “gas flaring” by an additional 30 percent over the next five years, saying that doing so would be equivalent to taking 60 million cars off of the roads.  Analysts widely characterised the goal as both ambitious and significant, though it follows on an apparent levelling out in flaring reductions in recent years.

Since a major new push began in 2005, the World Bank-led Global Gas Flaring Reduction (GGFR)* partnership estimates that, through 2011, its actions have brought down gas flaring by 20 percent, eliminating around 274 million tonnes of carbon dioxide emissions.  But according to the GGFR – a coalition of 20 major oil companies and 19 countries..both the economic and environmental impacts of gas flaring require far greater reductions.  “A 30 percent cut in five years is a realistic goal,” Rachel Kyte, the World Bank’s vice-president for sustainable development, said…

Oil producers resort to flaring when gas, a by-product of oil, is brought up to the surface but cannot easily be repurposed for consumers. Instead, producers simply burn off the product, the value of which the World Bank, based here in Washington, puts at some 50 billion dollars a year.  The total amount of gas estimated to have been flared last year, about five trillion cubic feet, is said to equal the amount of natural gas used in the United States over a full year.

Environmentalists have long called for the outright banning of the practice, though flaring does in fact release far lower levels of greenhouse gases than simply allowing the gas to evaporate. However, the process does not deal with one notorious pollutant, nitrogen oxide, and still releases significant carbon dioxide, and thus significant greenhouse gas-related worries remain.

Alternative uses for this gas range from producing power, refining it for use in local markets, or even putting it back into the ground. But analysts say the economic benefits for companies in doing so are low.  Nonetheless, the World Bank reports slow but steady success in reductions, particularly since 2005. According to data released Mexico has cut its flaring by two-thirds and Azerbaijan by half in just two years, while Kuwait gotten its flaring down to just one percent of previous levels.  In addition, Qatar and Congo have been singled out for using the gas to make electricity.

Significant improvements have also been seen in many of the world’s worst flaring offenders. “Huge investments” by GGFR partners have reportedly helped Nigeria to reduce its flaring by nearly a quarter through 2011, while Russia, the most significant culprit in this regard, has reduced flaring by around 40 percent, though those figures rose last year.  Still, the World Bank warned that both of these countries, particularly Russia, in addition to Mexico, Iraq and Kazakhstan, need to make significant improvements.

Missing from this list, however, is one of the most significant outliers in the global push against gas flaring: the United States, which has increased its gas flaring by more than three times since 2007, more than any other country.  The U.S. is currently in the midst of a sea-changing boom in natural gas production, thanks almost entirely to new technologies (so-called hydraulic fracturing or “fracking”) that have allowed for the exploitation of previously off-limits gas deposits in shale and other geological formations.

Against the promising country-by-country numbers, total global gas flaring actually increased last year by around two billion cubic metres, which World Bank analysts have put down to output from Russia and, specifically, the U.S. state of North Dakota.  “The small increase underlines the importance for countries and companies to sustain and even accelerate efforts to reduce flaring of gas associated with oil production,” Bent Svensson, manager of the GGFR partnership, said when the 2011 figures became available in July. “It is a warning sign that major gains over the past few years could be lost if oil-producing countries and companies don’t step up their efforts.”

The U.S. is now the fifth-largest flarer, behind Russia, Nigeria, Iran and Iraq. While part of this is due to the multifold increase in production in recent years, it also appears to be due to a lag in implementing the necessary infrastructure.  “Due to insufficient natural gas pipeline capacity and processing facilities … over 35% of North Dakota’s natural gas production … has been flared or otherwise not marketed,” the U.S. government reported in late 2011. “The percentage of flared gas in North Dakota is considerably higher than the national average; in 2009, less than 1% of natural gas produced in the United States was vented or flared.”…But based on new EPA rules, “the U.S. is going to have 100 percent no-flaring by 2015, which will be pretty good in terms of the rest of the world,” Kyle Ash, a Washington-based legislative analyst with Greenpeace, an advocacy group, told IPS.

Excerpts, By Carey L. Biron, U.S. Outlier in New Push to Reduce Gas Flaring,Inter Press Service,Oct. 24, 2012

*The GGFR partners include: Algeria (Sonatrach), Angola (Sonangol), Azerbaijan, Cameroon (SNH), Ecuador (PetroEcuador), Equatorial Guinea, European Bank for Reconstruction and Development (EBRD), France, Gabon, Indonesia, Iraq, Kazakhstan, Khanty-Mansijsysk (Russia), Mexico (SENER), Nigeria, Norway, Qatar, the United States (DOE) and Uzbekistan; BP, Chevron, ConocoPhillips, ENI, ExxonMobil, Marathon Oil, Maersk Oil & Gas, Pemex, Qatar Petroleum, Shell, Statoil, TOTAL; European Union, the World Bank Group; Associated partner: Wärtsilä.

How Iran Copes with Sanctions?

According to the latest figures from the Natural Gas Vehicle Knowledge Base, Iran, with the world’s second-largest natural gas reserves after Russia, in 2011 became the world leader in natural gas vehicles with some 2.9 million on the road, narrowly edging Pakistan, which is trailed by Argentina, Brazil and India, respectively.  Iran’s reliance on its cleaner fossil fuel seems unlikely to diminish as international sanctions continue to bear down on its nuclear program, which in turn have curbed imports of gasoline; though Iran has large oil reserves, its ability to refine its own gasoline falls well short of its needs.  But for ordinary Iranian motorists, natural gas is less a geopolitical or environmental issue than a pocketbook concern. “This sort of fuel is cheap, and it gets me home every day — that’s what I care about,” said Sasan Ahmadi, a 42-year-old office assistant filling up his Iranian-made Kia Pride at a natural-gas station for his hour commute home.

The government began promoting natural gas about a decade ago, and not just in response to American-led sanctions. A big initial reason was the increasingly thick yellow blankets of smog that often engulf greater Tehran and its 12 million inhabitants. That was a result of rising auto sales by domestic carmakers like Iran Khodro and Saipa, which took off as oil revenue began rising sharply around 15 years ago, enriching tens of millions of Iranians…..

As a means to counter outside economic pressure, natural gas’s usefulness is clear. Because of its inadequate investment in oil refineries, Iran has long been forced to refine a portion of its own crude at refineries in Europe to satisfy rising domestic demand for gasoline. So when the European Union in July barred gasoline sales to the country, natural gas helped to blunt the blow.

Despite the sanctions against Iran, motorists like Mr. Ahmadi can make their commute for the equivalent of less than a penny a mile using the alternative fuel at subsidized prices. Gasoline is more expensive, especially because government subsidies have been reduced, but it is still incredibly cheap by Western standards: less than $1 a gallon….

Excerpt, THOMAS ERDBRINK, Oil-Rich Iran, Natural Gas Turns Wheels, New York Times, Oct. 23, 2012

Private Military Firms and their Bonanzas

The past decade – particularly the U.S.-led wars in Iraq and Afghanistan – provided rich pickings for firms providing private armed guards, drivers and other services that would once have been performed by uniformed soldiers.  But as the conflicts that helped create the modern industry wind down, firms are having to adapt to survive. They must also, industry insiders say, work to banish the controversial image of mercenary “dogs of war” that bedevil many firms, particularly in Iraq, Reuters reports. “This industry has always gone up and down,” Doug Brooks, president of the International Stability Operations Association (ISOA), told Reuters on the sidelines of its annual conference in Washington. “What we’re seeing now is that it is becoming much more mature – and much more responsible.”

The free-for-all atmosphere that pervaded the industry, particularly in the early years of the war in Iraq, insiders say, appears gone for good. A string of high profile incidents – often involving armed private guards firing on sometimes unarmed Iraqis – trashed the reputation of firms such as Blackwater, a Virginia-based firm since renamed several times, as well as the wider industry.  Members of the ISOA – which include some but not all of the major contracting firms as well as smaller players – subscribe to a code of conduct that they say helps identify responsible firms.

Despite these efforts, industry insiders and other observers say quality remains mixed. Some firms providing armed guards for merchant ships passing through the Somali pirate-infested Indian Ocean, for example, only hire elite personnel who have served in the Marines or special forces. Others, however, have a reputation for being less discriminating and for unreliable staff and weapons.  In the aftermath of last month’s attack on the U.S. diplomatic mission in Benghazi, which killed the U.S. ambassador to Libya and three other Americans, critics have seized on the hiring of a little-known British private security firm now accused of providing inadequate protection at the mission….

The most vulnerable firms, many in industry say, may be those who have relied on ongoing U.S. military work that is now drying up as the Pentagon “Operational Contingency Allowance” – the additional funding earmarked for the wars – tapers off.  At its peak, the U.S. Commission on Wartime Contracting, a bipartisan legislative commission established to study wartime contracting in Iraq and Afghanistan, estimated there might have been as many as 260,000 contractors in the two countries.

“At the moment, everyone is looking for work that is not OCA-funded,” one industry executive told Reuters on condition of anonymity, saying he expected an era of mergers and even bankruptcies. “It’s going to be like when the tide goes out at the beach and you suddenly find out who has been naked.”  New Pentagon priorities, many believe, will provide fewer openings for traditional private military contractors. Washington’s strategic “pivot” to the Asia-Pacific region will involve mainly warships or uniformed Marines, with little need for extra hired muscle.  Companies that take a broader approach and also provide logistic, intelligence and other functions, however, could have a much better decade.  “If your definition of a private security contractor is only someone with a gun at a checkpoint in Afghanistan, then yes, you may be seeing a decline,” says David Isenberg, an adjunct scholar at the Cato Institute in Washington.  “But if your definition is of private contractors performing tasks that would once have been done almost exclusively by government and military, it’s a very different picture.”

When it comes to conventional security, many in the industry believe the real growth will come from serving the private sector – particularly the oil, gas and mining industries.  Even with U.S. troops gone from Iraq and the number of government contractors down, some companies say they are finding strong demand from energy firms for protection, particularly around Basra in southern Iraq.  “We are as busy as ever and the need has never been greater,” said Pete Dordal, senior vice president at GardaWorld, a global risk management and security services firm. “I don’t want to say it’s a gold rush, but business is very good.”

Private security firms, insiders say, evacuated the vast majority of the thousands of foreign nationals plucked from Libya as its civil war erupted early last year. Most were contracted by other private firms, although governments also used them heavily. London-based Control Risks told Reuters last year that China hired it directly to fly hundreds of its nationals out by airliner.

Some in the industry believe the number of contractors in Afghanistan could even rise with the planned departure of all U.S. combat troops in 2014, as mining companies exploit largely untapped mineral resources.  It’s a similar picture in Africa, where even in war-torn Somalia, a handful of companies are setting up shop. They often work with local tribes and other groups to safeguard visiting journalists, business representatives and prospectors.  Focusing on finding reliable local staff, some say, may ultimately prove both cheaper and more reliable than foreign hired guns. In Libya, some energy firms long turned to local desert tribes to protect their facilities – a tactic that proved remarkably effective during last year’s civil war after foreign security staff were swiftly withdrawn.

The trick may be to avoid having grandiose ambitions.  A handful of British firms in particular have made millions from providing on-board protection teams for Indian Ocean shipping. But those who have tried to go a step further and start their own private navies – hoping to escort merchant ships for cash – have struggled to find sufficient funding.

Within Somalia some credit the hiring of private contractors with Gulf state money to bolster the Coast Guard of the independent enclave of Puntland as being behind recent drops in pirate attacks. But it proved so controversial that funding was eventually pulled, leaving behind half-trained local fighters that some worry could prove a regional security threat in their own right.

Private contractors are increasingly central to operations such as the African Union’s AMISOM peacekeeping mission in Somalia, performing roles such as bomb disposal, logistics and technical support. ISOA and some experts argued they could do much, much more.  The few dozen foreign contractors from the now-defunct British firm “Executive Outcomes,” together with the hundreds of local fighters they trained, are often credited with turning the tide in Sierra Leone’s 2001 civil war.  But after years of discussions at the United Nations, few of the world’s governments appear enthusiastic about the idea of private security firms becoming the norm.  “In some places, contractors might be more effective than some of the troops from contributing nations,” said Edmond Mulet, U.N. Assistant Secretary General for Peacekeeping Operations.  “But the U.N. is simply the sum of its member states and some of them are opposed to the use of contractors in some roles,” he told the conference.

As Iraq and Afghan wars end, private security firms adapt, Reuters, Oct. 22, 2012

The Deadly Weapon Dumps

Taking stock of an ammunition depot can be a deadly task…Last year was the worst yet, with 442 victims from 46 explosions. One of the biggest ever happened in March this year: an accident in Congo-Brazzaville that killed 250, showering munitions over a two-mile radius.  Thousands of ill-run weapons stores are in restless parts of Africa and the Middle East, often near towns or cities. The end of the cold war left unneeded weapons all over the Soviet empire. Moldova spends a quarter of its defence budget guarding obsolete munitions. Ukraine alone has half a million tonnes.

Most high explosives are inherently stable. But the propellant that launches projectiles from gun barrels is not. Over time it eats away at the stabilising compounds—especially in hot weather—until spontaneous detonation occurs. In rich and strict countries munitions are tested and dealt with before that happens. In poorer places, the temptation is to trust to luck. Many are also reluctant to give up their arsenals, particularly if they are unsure they can be replaced. Somaliland, an independence-seeking statelet in the Horn of Africa, for example, has curbed the destruction of its ageing weapons because international sanctions stop it buying new ones.

Small slip-ups can have grave consequences. At a weapons dump in the Rajasthan desert in India, a gardener was sacked to save money. Unkempt long grass then caught fire, triggering an explosion in April 2000 that killed two soldiers and destroyed $90m of ammunition.

Bad management of weapons dumps makes life easier for thieves and dodgy customers. It is a big headache for Western countries worried about advanced weapons such as shoulder-launched missiles, or those suitable for use by insurgents or independent militias. This is a particular problem in Libya, where Muammar Qaddafi, the former dictator, spread his arms around more than 500 supply points to avoid NATO’s air strikes.

The simplest means of disposal is to blow weapons up in a hole in a remote location. But they must be expertly stacked to ensure everything explodes properly. And for big stockpiles, and in countries with tough environmental rules, that may not be possible. Alternative solutions include movable facilities that remove explosives from their casings, cut them into small pieces and burn them in a furnace. But for big munitions such schemes are costly and so far still untested.

Landmines get far more money and legal scrutiny than ammunition dumps, because of their dire effects. But perhaps too much. Adrian Wilkinson, a UN explosives specialist, reckons landmines have killed roughly five times as many people, but at least 100 times more is spent on dealing with them.

Ammunition depots: Storing up risk, Economist, Sept. 29, 2012, at 66

Water/Oil/Gas Wars: the Stans of Central Asia

Tajikistan’s president, Emomali Rakhmon, likes things big. He has built the world’s tallest flagpole. Last year he opened the region’s largest library (with few books in it so far). But one gigantic project is proving contentious with the neighbours: building the world’s tallest hydroelectric dam.

Islam Karimov, the strongman who rules downstream Uzbekistan, says the proposed 335-metre Rogun dam, on a tributary of the Amu Darya, will give Tajikistan unfair control over water resources and endanger millions in the event of an earthquake. On September 7th, he said such projects could lead to “not just serious confrontation, but even wars”.  Mr Karimov wasn’t talking only about Tajikistan. Upstream from Uzbekistan on a tributary of the region’s other major river, the Syr Darya, Kyrgyzstan is seeking investment for a project of its own, called Kambarata. The two proposed dams (Rogun at 3.6 gigawatts and Kambarata at 1.9) would theoretically end their respective countries’ frequent power shortages and provide badly needed export earnings.

Both were conceived in the twilight of the communist era and stalled when subsidies from Moscow evaporated at independence. Soviet leaders envisioned managing the region’s water flows, energy trades and competing interests, and their Russian successors still maintain an interest. During a visit to Bishkek on September 20th, Russia’s president, Vladimir Putin, promised help with Kambarata in exchange for, among other things, an extension of military-basing rights in Kyrgyzstan. Tajikistan has sought Russian help for Rogun, too. Mr Putin promised $2 billion for the dam in 2004. But that deal fell apart three years later, when the two countries could not agree about the dam’s height.

Spurring on both projects is Uzbekistan’s bad behaviour, egregious even in a tetchy region. Unlike Uzbekistan, neither Tajikistan nor Kyrgyzstan, the two poorest former Soviet republics, has reliable access to oil or gas. Uzbekistan’s Mr Karimov has a habit of changing gas prices and cutting deliveries during the coldest months. He has prevented electricity supplies to his indigent neighbours from transiting his country’s Soviet-era grid. Uzbekistan has also unilaterally closed most border checkpoints with both upstream countries, set mines along parts of the boundary with Tajikistan, and often holds up commercial traffic. When a rail bridge in southern Uzbekistan mysteriously exploded last autumn, depriving southern Tajikistan of its rail connections, few believed Uzbek claims of a terrorist attack. Indeed, rather than fix the track, the Uzbeks dismantled it. Tajikistan calls the actions a blockade.

Though it seems unlikely Mr Karimov will drive his tanks over the border just yet, shoot-outs on the disputed borders are not uncommon. All of this worries NATO officials. All three countries help supply the war in Afghanistan and will be crucial for NATO’s withdrawal.

Excerpt, Water wars in Central Asia: Dammed if they do, Economist, Sept. 29, 2012, at 44

One the international agreements between states on water and electricity exchanges, see Elli Louka International Environmental Law

Nuclear Waste Island, Orchid, Taiwan

Most people on the windswept outpost, 62 kilometres east of Taiwan’s mainland, would love to see the 100,277 barrels of nuclear waste gone. But many admit they are concerned about their livelihoods if that day comes.  Orchid Island has been a flashpoint for Taiwan’s environmental movement since nuclear waste was first shipped there in 1982. Local residents, mostly members of the Tao aboriginal group, say the waste was put on the island without their consent. Periodic protests have claimed negative health and environmental effects.

In response, Taiwan Power Co has showered the community with cash handouts, subsidies, and other benefits.  Orchid Island received subsidies worth 110 million Taiwan dollars in 2011, according to company data. That doubled local government spending, according to township secretary Huang Cheng-de.  “The current situation, basically, is that Taipower gives us quite a bit of money, and our people are becoming pretty reliant,” Huang said.  Most of the funds are divided into government-managed accounts for each of the island’s 4,700 residents, who can apply for it if they have a business or career-oriented need. Residents also receive free electricity, health-related emergency evacuations, scholarships for higher education and a 50-per-cent discount on all transportation costs to Taiwan’s mainland.  Statistics indicate local residents are taking advantage of the benefits. In 2011, they used nearly twice as much electricity per household as the national average, according to company data.

Protests have weakened and for many residents, including Chou the restaurant owner, the existence of nuclear waste has become more acceptable.  “Most people here are against the nuclear waste, but since its already here, they should pay us for using our land,” Chou said. “For now, I’m okay with it as long as they don’t add any more barrels.”  The utility plans to move the waste off the island by 2021, but only if another township in Taiwan agrees by referendum to take it, according to Huang Tian-Huang, a company deputy director.  If it goes to plan, “so goes the compensation,” Huang said, although he acknowledged that gaining consent from another community will be difficult.  Questions remain on what would support Orchid Island’s economy if those subsidies end.

For Taiwan aborigines, nuclear waste is blessing and curse, http://www.timeslive.co.za, Sept. 16, 2012

WTO and the Level Playing Field: Europe v. Russia

Europe’s trade chief threatened to take Russia to the World Trade Organization over a string of restrictive practices saying Moscow needed to play by the rules now it was a member of the global body.  Trade Commissioner Karel De Gucht singled out Russia’s ban on European live animal imports, plans to levy fees on imported vehicles, two anti-dumping cases and another trade defense case launched by Moscow against Europe in recent months.  In the same week that the European Commission opened an investigation into Russia’s Gazprom and China’s solar panel exports, De Gucht said the measures sent “the wrong signal”, Reuters reports.

“Membership of the WTO means a country is subject to the dispute settlement mechanism of that organization,” he told an EU-Russia seminar in Helsinki. “Russia should understand that Europe takes that mechanism very seriously and that we will not hesitate to enforce our rights where they are violated,” he added.

Russia joined the WTO last month after an 18-year wait. President Vladimir Putin said on Wednesday the country would use its membership to try to develop freer trade across the world, but he’ll also be hoping it will further boost the energy-driven $1.9 trillion economy.  De Gucht said Russia was violating WTO rules by keeping its markets closed to competitors.  “What these and other measures … have in common is that they affect products where significant market opening is due to take place under Russia’s WTO commitments,” De Gucht said.  “This is the wrong signal to send at a time when liberalization is supposed to be moving forward.”

Russia and the EU are deeply intertwined, with Europe relying heavily on Russian energy exports and Russians hungry for EU products and access to its 500 million consumers.  But the two sides argue over issues ranging from energy supplies, trade and market access to human rights. While relations are at times frosty, both refer to each other as “strategic partners” and meet for twice-yearly summits.  Negotiations between Russia and the EU towards closer economic and political ties have also stalled, and Brussels is concerned by Putin’s plan to develop a “Eurasian union” of ex-Soviet states, including Kazakhstan and Belarus.

EU warns Russia to play by WTO rules or face action, Reuters, Sept. 7, 2012

Russian President Vladimir Putin signed a decree giving the government the right to protect its natural gas-export monopoly, OAO Gazprom (GAZP), from an anti-trust inquiry by the European Union.  Putin’s measure bans strategic companies from disclosing information, disposing of assets or amending contracts without government approval in case claims are made by foreign states or entities, the president’s office said in an e-mailed statement from Moscow today. The Russian leader on Sept. 9 warned the EU, which relies on Russia for a quarter of its gas needs, that there would be “losses on both sides” if the issue isn’t resolved. He accused the 27-nation bloc of trying to shift responsibility for subsidizing former communist EU members onto Russia by forcing Gazprom to cut prices for customers in eastern and central Europe.

Excerpt, By Henry Meyer, Putin Moves to Protect Gazprom From EU Pricing Dispute, Bloomberg, Sept. 11, 2012

The iPhone, radioactive waste and rare earths: the Lynas case

Lynas Corporation, an Australian based mining company are constructing a rare earth processing plant, known as the Lynas Advanced Materials Plant (LAMP) in Gebeng industrial estate in Kuantan, Malaysia. The LAMP will process lanthanide concentrate which will be trucked from the mine site in Mt Weld Western Australia to the Port of Fremantle where it will be shipped to Malaysia. This report provides an assessment of the emissions from the LAMP plant rather than Lynas Corporation‟s activities in Western Australia. The LAMP plant will have significant atmospheric, terrestrial and waterborne emissions of toxic chemicals and radionuclides including uranium, thorium and radon gas.

________________________________________________________

A Malaysian high court put on hold until October 4 a temporary operating license granted to Lynas Corp Ltd’s controversial rare earth plant near the eastern city of Kuantan, prompting an 8 percent fall in the Australian firm’s shares on Tuesday (Sept. 24, 2012).  The rare earth plant – the world’s biggest outside China – has been ready to fire up since early May, but the company has been embroiled in lengthy environmental and safety disputes with local residents since construction began two years ago [regarding the handling of radioactive waste at the plant].

The plant is considered important to breaking China’s grip on the processing of rare earths, which are used in products ranging from smartphones to hybrid cars.

Lynas confirmed the Kuantan High Court’s decision on Tuesday, but said it would not affect production at the plant and that it plans to strongly assert its rights at the next court hearing…Lynas shares plunged more than 8 percent after the court order to A$0.795, their lowest close in almost three weeks as investors closely track each move in the sensitive case. Earlier this month they rose up to 50 percent when Malaysia approved the license.

Activists linked to the environmental group, Save Malaysia Stop Lynas, want the court to suspend the temporary license until two judicial review cases challenging the government’s decision allowing the plant to operate are heard.  “It’s a small victory, but there is still a long way to go,” Tan Bun Teet, a spokesman for the group, told Reuters after the court decision. “We will fight tooth and nail. We have a lot at stake,” he added.  The group’s previous attempts to legally stop the plant had failed.

Lynas received a temporary operating license for its long-delayed $800 million rare earth plant earlier this month, enabling it to start production as early as October.  The Malaysian Atomic Energy Licensing Board (AELB) issued the permit following an earlier recommendation from a government committee.  Protests over possible radioactive residue have drawn thousands of people and the project has become a hot topic ahead of an election that must be held by early next year.

Sources

Lee Bell, Rare Earth and Radioactive Waste: A Preliminary Waste Stream Assessment of the Lynas Advanced Materials Plant, Gebeng, Malaysia, National Toxics Network. April 2012

Siva Sithraputhran, Malaysian court puts license on hold for Lynas rare earth plant, Reuters, Sept. 25, 2012

Nuclear Protests in India and Foreign-Funded NGOs

This week police in Kudankulam, in southern Tamil Nadu, fired at thousands of anti-nuclear protesters on the beach, killing a fisherman. The locals were opposing a new, Russian-designed, 2,000MW nuclear plant, India’s biggest, which is now being filled with fuel. The 2004 Indian Ocean tsunami killed over 10,000 Indians. Now fears grow of another big wave that could bring a Fukushima-style disaster.  Protesters also claim harassment, saying officials have slapped sedition notices against 8,000 who have dared speak out. Opposition has flared before. The state’s chief minister, Jayaram Jayalalitha, once backed the protests but has now swung in favour of the plant—perhaps betting that anger over power shortages trumps anti-nuclear outbursts.

The reaction of the national government, under the prime minister, Manmohan Singh, has been mixed. Committees of investigation called the plant safe. The High Court in Chennai heard, and ruled against, a petition by locals over safety. The Supreme Court will hear an appeal.  The government’s argument that politicians not protesters should decide the country’s energy mix is reasonable. But, twitchy at criticism, it veered off in suggesting opponents merely did the bidding of a foreign hand. Mr Singh, in an interview with a science magazine in February, blamed protests on NGOs, “mostly I think based in the United States”. A tough new law is in force, severely restricting foreign money going to local NGOs.  Mr Singh’s frostiness is best understood in the context of America’s moans that a civil-nuclear deal signed with India has not led to American investors getting energy contracts. Strict liability laws scare its private investors, whereas government-backed ones, such as Russians, feel more secure. Could Mr Singh be implying that American activists are stirring the trouble in Kudankulam because the plant is Russian-built?

Nuclear Power in India: The Kudankulam conundrum, Economist, Sept. 15,2012, at 39

The Swiss Nuke Smugglers, CIA and Libya

Three Swiss engineers are set to escape jail for nuclear smuggling, in part because they helped the CIA bust a global ring that was supplying Libya’s atomic weapons program.  Urs Tinner, his brother Marco, and their father Friedrich are accused of aiding the smuggling network of Pakistani nuclear scientist Abdul Qadeer Khan.  But according to Swiss prosecution documents released Tuesday setting out a plea bargain deal, the three also cooperated with U.S. authorities who were able to seize a shipment of nuclear equipment destined for Libya in 2003.  The CIA operation ultimately destroyed the Khan network and Libya gave up its efforts to acquire nuclear weapons.

Prosecutors say their work was hampered by the Swiss government’s decision to destroy key evidence in the case.  The plea bargain will be put before a Swiss court for approval next week.

Swiss nuke smugglers who helped CIA to escape jail, Associated Press, Sept. 18, 2012

How to Avoid the Carbon Tax

According to the Union of Concerned Scientists (UCS),  a Climate of Corporate Control, statements and actions on climate science and policy by 28 U.S. companies, shows how these contributions can be problematic, and suggests steps that Congress, the public, the media, and companies themselves can take to address the problem.  Corporations have the right, of course, to weigh in on public policy issues that affect their interests. But too often they do so irresponsibly, misrepresenting and misusing science at the public’s expense, and in recent years their influence has grown.

Corporations skew the national dialogue on climate policy in a variety of ways—making inconsistent statements across different venues, attacking science through industry-supported organizations, and taking advantage of the secrecy allowed them by current legal and regulatory structures.

Inconsistency: Having It Both Ways–Some corporations are contradictory in their actions, expressing concern about the threat of climate change in some venues—such as company websites, Security and Exchange Commission (SEC) filings, annual reports, or statements to Congress—while working to weaken policy responses to climate change in others.  For example, ConocoPhillips has acknowledged on its website that “human activity…is contributing to increased concentrations of greenhouse gases in the atmosphere that can lead to adverse changes in global climate.” Yet in its comments on the 2009 EPA Endangerment Finding, the company claimed that “the support for the effects of climate change on public health and welfare is limited and is typified by a high degree of uncertainty.”

Using Outside Organizations: Contrarians By Proxy–One way a company can work against effective climate policy while avoiding accountability for that work is to provide funding to outside groups that lobby against climate legislation and regulation or engage in advocacy campaigns against climate science. Such groups range from business associations such as the National Association of Manufacturers to front groups like the Heartland Institute.

Echoing the inconsistency in their other statements and actions on the issue, many companies belong to groups lobbying on both sides of the climate policy debate. For example, Caterpillar is affiliated both with the World Resources Institute and Nature Conservancy, which advocate global warming solutions, and with the Cato Institute and Heritage Foundation, which oppose them.  Of course, corporations may point out that the organizations they support work on many issues besides climate—but the fact remains that many of these groups take starkly anti-science positions on climate change and work aggressively to challenge science-based climate policies.

A Lack of Transparency–When business interests can hide their influence on policy-making processes from public view, it becomes easier for them to manipulate perceptions of science and skew policy discussions. There are several areas in which greater transparency is needed:  Charitable contributions. Current law only requires corporate foundations to disclose their donations to the IRS; companies can get around this requirement by making their donations directly, bypassing their foundations. This information is also hidden from shareholders: several corporations have received proposals from their shareholders demanding access to the company’s charitable contributions, and legislation to require such disclosure has been proposed in Congress.  Lobbying and political expenditures. While companies are legally required to report their total expenditures on political contributions and lobbying, they are not required to disclose the particular issues for which these contributions are targeted. So it is not possible to determine how much lobbying corporations are doing on climate issues. Business risks from climate change. Publicly traded companies are required to discuss risks that might materially affect their business in their annual SEC filings. The report shows that compliance with this requirement with regard to climate change is not consistent; some companies address climate-related risks fully, some discuss only the possible impacts of climate regulation, neglecting the physical impacts of climate change, and others ignore the issue entirely.

Good and Bad Behavior–It’s not all bad news out there: The report shows that some companies, such as NIKE, appear to be consistently constructive in their climate-related statements and actions.  At the other extreme, some companies appear to be almost uniformly obstructionist on climate issues. This list is dominated by fossil-fuel companies such as Peabody Energy and Marathon Oil.  But because of the lack of disclosure, it is impossible to say for sure whether companies are completely constructive or obstructionist.  Inappropriate corporate influence on the national dialogue on climate science and policy is a large-scale, complex problem requiring large-scale, complex solutions.

Excerpt from A Climate of Corporate Control

Right to Participate: Indigenous Peoples of Peru

Peru’s official human rights ombudsman, Defender of the People Eduardo Vega, is set to convene the first the first “prior consultation” with Amazonian indigenous peoples on oil development in their territory, under terms of a new law passed earlier this year setting terms for the process. The consultation concerns a planned new round of oil contracts planned for Bloc 1AB, currently held by Argentine firm Pluspetrol, in the watersheds of the Pastaza, Corrientes and Tigre rivers in the northeast of Loreto region. The Regional Organisation of Indigenous Peoples of the East (ORPIO), with an office in the city of Iquitos, it to represent the impacted indigenous peoples. Vega pledged the process would be carried out “with the utmost clarity so that rights of the indigenous peoples will be respected and the same process can serve for other consultations that will subsequently be carried out.”  But after years of conflict over resource extraction in the region and accusations of broken promises by the government, many indigenous residents remain skeptical about the process.

Peru: first “prior consultations” on Amazon oil development, WW4 Report, Sept. 15, 2012

BP: Culture of Corporate Recklessness

The Obama administration has accused BP of gross negligence and willful misconduct in causing the Deepwater Horizon oil spill of 2010. In a new court filing, the Department of Justice appears bent on blaming BP for the worst oil disaster in U.S. history.  The court document blasts BP’s leadership in no uncertain terms. Referring to “A Culture of Corporate Recklessness,” it states that “The behaviour, words and actions of these BP executives would not have been tolerated in a middling size company manufacturing dry goods for sale in a suburban mall.” It criticizes “the utter lack of any semblance of investigation of the systemic management causes deeply implicating the corporate managers and leadership who caused and allowed the rig-based mechanical causes to fester and ultimately explode in a fireball of death, personal injury, economic catastrophe, and environmental devastation.”

Referring to a “negative pressure test” performed by BP and Transocean hours before the blowout, the report states, “That such a simple, yet fundamental safety-critical test could have been so stunningly, blindingly botched in so many ways, by so many people, demonstrates gross negligence.”  The designation of “gross negligence” under the Clean Water Act, is an important distinction because it would mean the company could face $21 billion in civil damages alone—almost quadruple the penalty if “gross negligence” is not confirmed. BP also faces criminal charges.

The case may not go to trial, which is scheduled to begin January 14. Both sides are negotiating to reach a settlement to resolve both civil and criminal violations.  The Justice Department reportedly sought a $25 billion agreement from BP, but now may be willing to settle for $15 billion.

Justice Dept. Accuses BP of “Gross Negligence” over Gulf Oil Spill, AllGov.com, Sept. 7, 2012

Canada and its Nuclear Waste

Since the 1960s,  Canada’s nuclear power plants have generated more than two million bundles of highly radioactive used fuel. And they’re all still stored on the sites of the plants that produced them.But the pace of finding a site to store Canada’s most potent radioactive waste permanently is about to pick up.  Twenty Canadian communities have said they’ll consider volunteering to host the storage site.  That list is about to close. The Nuclear Waste Management Organization, whose job it is to find and build the site, will stop taking new names on Sept. 30, 2012.  The impending cut-off is ratcheting up the pressure on the technocrats charged with selecting a site; on the boosters who want to snare the multi-billion-dollar repository for their community; on the activists who harbour deep suspicions about safety; and on the aboriginal leaders who say they’ve been cut out of the process….

A fuel bundle for a Candu nuclear power reactor is about the size of a fireplace log. As of June 30, 2011, Canada had 2,273,873 used fuel bundles stored at its nuclear plants in Ontario, Quebec and New Brunswick.  Another 85,000 or so have been added since then.  In total, they’d fill about six NHL hockey rinks, stacked up as high as the boards.

The Nuclear Waste Management Organization, formed by the three electric utilities that run nuclear reactors, wants to bury the waste deep underground in caverns excavated from stable rock, where it can lie undisturbed forever.  The depth will probably depend on the site’s geology. A facility proposed to hold less-potent radioactive waste at the Bruce nuclear site near Kincardine will be 680 metres deep. By comparison, the CN Tower is 553 metres tall.  The NWMO is looking for a “willing” community to agree to take the $16-to-$24-billion project. The host community itself will decide how to define “willing.” Candidate communities will have multiple opportunities to withdraw if they get cold feet, the NWMO says.  As it moves through a nine-stage selection process, the NWMO hopes to have narrowed the field to one or two communities by 2015, then spend until about 2020 deciding on a specific site within the chosen community.  After that, it will take three to five years to do an extensive environmental assessment of the site. The proponents will also have to satisfy the Canadian Nuclear Safety Commission that their plan makes sense, and obtain a license to construct and operate the facility.  Then, it will take six to 10 years to build. The NWMO doesn’t expect the first bundles to be stored until 2035.  The plan is to seal the waste in sturdy, radiation-proof containers and store it deep in a stable rock formation where — even if the containers were to crack and leak — there’s be no danger of contaminating groundwater used by humans. (Although that’s the current strategy, the NWMO says it would consider a different plan if compelling evidence emerged that another technique is superior.)

Current designs call for surface buildings and facilities to cover about 100 hectares (250 acres), says the NWMO’s Michael Krizanc.  “As well, there may be a need to limit activities in the immediate area surrounding the surface facilities in order to meet regulatory or other requirements.”  Underground, the excavated caverns will cover an area of about 2.5 kilometres by 1.5 kilometres. That’s 375 hectares, or 930 acres.  “The NWMO would need to have rights to the land above the repository,” says Krizanc, but “alternative uses could be considered, with the community, for portions of the land.”….

Meanwhile in Saugeen Shores, a lively battle is under way as members of a citizens group dubbed save Save Our Saugeen Shores, or SOS, fights what they see as an attempt to impose the waste site on their community on the shore of the Great Lakes….SOS also worries that U.S. power plants might be able to force Canada to take U.S. nuclear waste in a Canadian waste site, through terms of the free trade agreement between the countries…..Up in Elliot Lake, contractors Stephen Martin and Marc Brunet can’t wait for the project to start….Elliot Lake has been identified with uranium since its founding, he shrugs: “We’re the uranium capital of the world…. This thing will be a tourist attraction. I think it’s the best thing that could happen.”

John Spears, Nuclear waste seeks a home, Toronto Star, Sept. 1, 2012

Oil, Somalia and the Fnal Frontier

Canadian oil and gas exploration company Horn Petroleum said  it had encountered only water in a well it drilled in Somalia’s semi-autonomous Puntland region earlier this year, the first to be sunk in the country since civil war erupted two decades ago.  The well, Shabeel North-1, reached a total depth of 3,945 metres and is now being plugged, Horn said.  Because there were no shows of oil and gas, Horn Petroleum determined a second well it drilled earlier in the year, Shabeel-1, also was dry and said the company would not test it further for hydrocarbon potential

“While we were disappointed that we were not able to flow oil from the first two exploration wells in our Puntland (Somalia) drilling campaign, we remain highly encouraged that all of the critical elements exist for oil accumulations, namely a working petroleum system,” Horn’s chairman Keith Hill said in a statement.  While there has been speculation about finding oil in the anarchic Horn of Africa country for decades, it has no proven hydrocarbon reserves. The prospect of oil beneath Dharoor’s sandy, arid plains has elicited excitement among officials of the impoverished region. The companies estimated there could be as much as 300 million barrels of recoverable oil in the northern part of Somalia.  Somalia, mired in conflict since warlords in the early 1990s and then Islamist militants reduced the government to impotence, represents one of the final frontiers in Africa to be explored.

Horn Petroleum’s Somali wells come up dry, Reuters, Aug. 28, 2012

UNESCO World Heritage: Failed States and Kleptocratic Elites

UNESCO’s World-Heritage regime began life 40 years ago, when dozens of countries signed up to the idea that the world’s cultural and natural patrimony was under threat not only from “traditional causes of decay” but also because of “changing social and economic conditions”. Among those who endorsed the principle was the Republican administration of Richard Nixon, which gave remarkably high priority to conservation and the environment. (Since then, America has had a stormy relationship with UNESCO; it cut off payments to the agency last year, under a law which denies funding to any body that admits Palestine.)

In many poorer countries which host heritage sites, the biggest changes since 1972 have been exploding populations and a huge rise in global tourism, combined with a lack of the governance needed to cope with both phenomena. Angkor Wat, a temple complex in Cambodia, and the Inca fortress of Machu Picchu in Peru (pictured above) are often cited as places of world-historical importance where a vast influx of tourists may be causing serious damage. By recognising and thus publicising individual sites, UNESCO and other cultural watchdogs risk harming the cause of conservation, which would be better served if visitors to the country were spread around a broader range of places.

But there are no easy ways to maintain heritage sites in relatively poor countries; it requires delicate balancing acts, much local diplomacy and long-term engagement, according to organisations that work in that field. Even a well-functioning state, be it democratic or authoritarian, will fail to conserve monuments unless local people see an interest in maintaining their heritage and using it rationally, says Vincent Michael, new chairman of the Global Heritage Fund (GHF), based in California. The effort will collapse if cultural heritage is seen either as a pesky impediment to making money, or as something to be exploited for short-term gain. Nor should local economies ever be too reliant on tourism, which can fall as rapidly as it rises….

But in many places where sites are at risk, government either does not operate at all, or functions only in the interest of a kleptocratic elite. In some such places, so-called non-state players (from warlords to private firms to religious leaders) are about the only things that really function at all…

One of the biggest global challenges to conservation, says the WMF’s president, Bonnie Burnham, is that national agencies which control precious places (culture ministries, for example) often have no say over what goes on—in terms of development, transport or sanitation—in the surrounding areas. That is one of the obstacles to conserving Inca sites in Peru…

As part of her agency’s [UNESCO] effort to stop the traffic in stolen art, Ms Bokova  [UNESCO’s director-general]has started a dialogue—a constructive one, she says—with commercial auction houses. Perhaps she should also be talking more to tour operators, and even darker forces, from the conservationists’ viewpoint, like road-builders and mining companies.

Excerpts, The Heritage Debate: Living Treasure, Economist, July 14, 2012, at 73

Indigenous Peoples Rights and Energy Projects: the Inter-American Court of Human Rights

Deep in the rainforest, the village of Sarayaku is two days by river from the nearest town. But its 1,200 Kichwa Indians are now in the spotlight. On July 25th the Inter-American Court of Human Rights ruled that Ecuador’s government had ignored the rights of Sarayaku’s residents when granting permission for an energy project—putting governments in the Americas on notice that big physical investments are not legal until the indigenous people they affect have had their say.

The dispute began in 1996 when Petroecuador, the state oil firm, signed a prospecting deal with a consortium led by Argentina’s Compañía General de Combustibles (CGC). Much of the area it covered was the ancestral land of Sarayaku’s residents, who were not consulted. CGC later offered locals medical aid for their consent. Some villages signed up, but Sarayaku held out.  Nonetheless, by early 2003 CGC had drilled 467 boreholes around the town for seismic surveying, and packed them with 1,433kg of high explosives. They were never detonated, and remain buried in the forest. As well as felling trees and destroying a sacred site, the company ruined some of Sarayaku’s water sources. Work ceased in 2003, and CGC’s contract ended in 2010.

The court found that the state had breached the villagers’ rights to prior consultation, communal property and cultural identity by approving the project, and that CGC’s tests had threatened their right to life. It ordered the government to pay damages, clear the remaining explosives and overhaul its consultation process. In future affected groups must be heard in a plan’s “first stages…not only when the need arises to obtain the approval of the community.” However, the judges did not ban prospecting on Sarayaku lands. The right to consultation does not grant a veto.

The ruling will be studied closely in the myriad Latin American countries struggling to balance big investments with local rights. A narrow reading of the decision suggests that governments must tiptoe around indigenous concerns, but can act more boldly when other groups protest, since the ruling was based partly on the International Labour Organisation’s Indigenous and Tribal Peoples Convention.

The ruling also shows that the regional justice system has not lost its mettle. In 2011 the Inter-American Commission on Human Rights, which litigates cases at the court, asked Brazil to halt work on the huge Belo Monte dam because its neighbours were not given a sufficient chance to speak up. Brazil’s government, which had authorised the dam only after a long public debate, saw this as a violation of its sovereignty. It did not comply, and stopped contributing money to the commission.  The commission was weakened by angering the region’s biggest country and by the criticism that it had exceeded its mandate. After Brazil presented new evidence in the case, the commission reversed its stance on Belo Monte. Moreover, last month the Organisation of American States voted to draft a reform plan for the commission, which some fear could strip it of important powers. Ecuador was among the commission’s loudest critics.

The Sarayaku case was not as heated as Belo Monte, since Ecuador’s government had already promised to pay damages. However, the court’s decision did strongly reassert its right to intervene in development cases. Moreover, Ecuador’s government plans to tender a big chunk of the Amazon for oil exploration later this year, despite indigenous opposition. If neither side backs down and the protesters appeal, the court’s next ruling on development in Ecuador may be far more contentious.

Indigenous rights in South America: Cowboys and Indians, Economist,July 28, 2012, at 32

For the Fear of Iran: The Nuclear Power in the Gulf

Saudi Arabia is pressing ahead with its ambitious plans to develop nuclear power to meet rising electricity demand and save oil for export.  But the outlook for other Arab states is less promising because of political turmoil and a lack of financial resources.  The Saudis have built a foreign assets cushion of around $500 billion from oil exports. It has used this immense wealth to buy its way out of trouble; for instance, heading off pro-democracy protests with massive social spending in recent years.  But, the Middle East Economic Digest observed, “a more serious set of challenges now faces the kingdom that threaten to be even more destabilizing.  “Inefficient and wasteful energy consumption, coupled with a rising population, is leading the kingdom to burn even more of its natural resources at home rather than selling them abroad and adding to the proceeds of the half-trillion-dollar cash pile.  “Unless action is taken, the kingdom could find it needs the oil price to be $320 a barrel by 2030 just to balance the budget,” the weekly, published in the United Arab Emirates, warned.  Nuclear power is seen as the solution. But, as MEED stressed, “time is of the essence.”

For one thing, Saudi Arabia and other Arab states, including the United Arab Emirates, Kuwait, Qatar and Egypt, have no wish to lag any further behind Iran and Israel in developing nuclear technologies.  In 2010, the King Abdallah Center for Atomic and Renewable Energy, known as KAcare, was established to oversee the gulf state’s nuclear program under its president, Hashim bin Abdullah Yamani, who was accorded ministerial powers.  KAcare consultant Ibrahim Babelli said in 2010 it took 3.4 million barrels of oil equivalent a day — known as boe/d — to power electricity generation. This is expected to more than double by 2028 to 8.3 million boe/d.

The aim of the Saudis’ $100 billion nuclear program is to achieve an electricity output of 110 gigawatts by 2032.  The Financial Times reports that in 2009, the latest data available, Saudi electricity capacity was 52GW from 79 power stations.  At least 16 nuclear reactors, each costing around $7 billion, are planned, with the first producing by 2019.  Some estimates state the kingdom, the world’s largest oil exporter, will burn as much as 1.2 million barrels of oil daily on electricity production, almost double the 2010 total, to meet domestic and industrial demand.  This is crucial, as the Saudis are driving to build an industrial infrastructure to sustain the economy when the oil fields run down. Some have already begun to decline.  For total reliance on nuclear power, Babelli says, 40-60 reactors would be needed by 2030. That’s four-six reactors per year from 2020.  “That’s stretching it,” he said. “The answer is an energy mix.”

That means fossil fuels will still be needed, probably as the primary energy source, while wind, solar and nuclear power capabilities are developed. KAcare is developing solar power projects that MEES estimates should produce 41GW within 20 years with geothermal and waste-to-energy systems providing 4GW.  The Emirates, which launched its nuclear energy program in 2009, is the most advanced in the Arab world, with Saudi Arab running second.  The United Arab Emirates’ $30 billion program — $10 billion more than originally planned — is smaller in scale than that in Saudi Arabia.  Both states benefit from political stability and vast financial reserves. Other regional states are less fortunate.

Bahrain, Qatar, Kuwait, Egypt and Jordan all have announced plans to invest in nuclear energy to crank up electricity generation but all have lagged behind or scrapped their programs because of lack of funds or foreign investment.  “Kuwait has the cash,” MEED reported, “but it’s been through eight governments in the past six years.”  Sunni-ruled Bahrain, an island state neighboring Saudi Arabia, “continues to face destabilizing protests by its majority Shiite population and its budget is already in deficit.”  Egypt remains convulsed by the political turmoil that ensued following the February 2011 overthrow of President Hosni Mubarak, its economy sagging dangerously.  In Jordan, heavily reliant on foreign aid, parliament recently scrapped nuclear plans as “hazardous and costly.”  Failure to start boosting electricity generation for burgeoning populations in the coming decades almost certainly will mean more political upheavals.

Saudis, Emirates push nuclear power plans, UPI,July 26, 2012

The Essence of Imperialism: Australia in the Pacific

Nor is it the first time Vanuatu has clashed with the Australian Federal Police (AFP). In 2004 its government closed down the AFP offices in the capital, Port Vila, and expelled officers, after allegations that they were spying and interfering with domestic politics. The AFP’s main concerns in Vanuatu have been over the country marketing itself vigorously as an international tax haven, and over the risk posed by the volatile Vanuatu Mobile Force, the paramilitary wing of the local police force. Protecting Australia’s national interests under the guise of so-called capacity-building can quickly lead to tensions.

The AFP’s activities in Vanuatu have been part of a broader expansion over the past decade of Australian policing across the Pacific. Peacekeeping missions to Timor-Leste since 1999 and to the Solomon Islands, beginning in 2003, boosted police numbers. In the past decade, the AFP has trebled in size and increased its budget fivefold. The AFP commissioner now has an influential role on the Australian cabinet’s national-security committee. In Australia most domestic policing is carried out by state police forces, leaving the federal force largely free, outside aboriginal communities in the Northern Territory, to focus on international deployments.

Their efforts have often led to accusations of heavy-handedness. In 2005 a mission to Papua New Guinea was abandoned after that country’s Supreme Court ruled that legal immunities granted to AFP officers were unconstitutional. In 2006 the Solomon Islands’ police chief, Shane Castles, an Australian, was sacked and declared an “undesirable immigrant” after a raid by his police officers on the office of the prime minister. That raid was connected with the AFP’s long-standing pursuit of the Solomon Islands’ then attorney-general, Julian Moti, on charges of sex with an underage girl. Mr Moti was deported to Australia in 2007, arrested and brought before the courts. In December 2011 the High Court threw the case out, finding that Australian officials had colluded in Mr Moti’s illegal deportation.

The Australian Federal Police in the Pacific: Booting out big brother, Economist, May 19, 2012, at 49

Resuscitating Collapsed Fisheries: catch shares

For American fish, this is a good time to be alive. On May 14th, 2012 the National Oceanic and Atmospheric Administration (NOAA) reported that a record six federal fisheries returned to health last year. After a decade of similar progress, 86% of America’s roughly 250 federally monitored commercial fish stocks were not subject to overfishing; 79% were considered healthy…

In the late 1980s cod fisheries in the Gulf of Maine and Georges Bank collapsed. This led to efforts to improve the fishery act, in 1996 and 2006, which forced the eight regional bodies that manage federal fisheries to introduce science-based quotas and ten-year recovery programmes for depleted fisheries. The recent recovery of species, including New England scallops, mid-Atlantic bluefish and summer flounder and Pacific lingcod, is the result. This signals another truth: given a break, the marine environment can often replenish itself spectacularly.

America’s fisheries are probably now managed almost as well as the world’s best, in Norway, Iceland, New Zealand and Australia. Yet there is plenty of room for improvement. State-run fisheries, which tend to be close to shore and dominated by small-scale and inefficient fishermen, are less well funded and well managed and much poorer for it. New England groundfish stocks, including cod, have also not recovered: they account for 13 of the remaining depleted populations. This appears to be partly the result of environmental change, climatic or cyclical.

And the politicians are still interfering. On May 9th the House passed legislation forbidding NOAA from developing an innovative means of apportioning fishing quotas, known as catch shares. These are long-term, aiming to give fishermen a stake in the future of their fisheries; market-based, since they can be traded; and, in practice, good for fish. Sadly, the two Republican congressmen behind the ban consider they have been designed “to destroy every aspect of American freedom under the guise of conservation”.

Fish stocks: Plenty more fish in the sea, Economist, May 26, 2012, at 32

What is In-Q-Tel? Technology Branch of CIA

Throughout its lifetime, the CIA has operated at the cutting edge of science and technology. From the U-2 spy plane to the CORONA satellite, CIA’s “wizards of Langley” earned a reputation for bold innovation and risk taking, working in advance of the private sector and other branches of government. Much of CIA’s technology success was a result of identifying gaps and opportunities.  By the late 1990s, the pace of commercial innovation had overtaken the ability of government agencies to develop and incorporate new technologies. Private industry represented technical insights and innovation far too important to ignore. Driven by private sector R&D investment, these commercial technologies addressed many of the same information technology, biotechnology, communications, and energy challenges that faced the Intelligence Community.

In 1998, CIA identified technology as a top strategic priority, and set out a radical plan to create a new venture that would help increase the CIA’s access to private sector innovation. In-Q-Tel was chartered in February 1999 by a group of private citizens at the request of the Director of Central Intelligence and with the support of the U.S. Congress. IQT was tasked with building a bridge between the Agency and a new set of technology innovators.

From the website IQT (2012)