[Congressional Record Volume 158, Number 104 (Thursday, July 12, 2012)]
[Senate]
[Page S4945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
YUKOS OIL COMPENSATION
Mr. INHOFE. Mr. President, Russia's weak rule of law is bad for the
people of Russia, of course, but it also harms American citizens. As
Congress considers legislation directed at strengthening human rights
and the rule of law in Russia, we also should address the economic
impact on Americans, including those Americans who are owed $12 billion
when Yukos Oil, in which they held 15 percent of its stock, was
expropriated by the Russia Government. To date, none of the American
owners of Yukos caught up in Russia's renationalization of this company
has received any compensation for this unlawful taking. And without a
bilateral investment treaty, BIT, with Russia, the only recourse
available to U.S. investors is for our State Department to espouse the
case of its wronged citizens. I support this course of action, and I
ask unanimous consent to have printed in the Record a letter I wrote
with Senator Scott Brown to Secretary Clinton last October 27, 2011,
that addresses this issue.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, October 27, 2011.
Hon. Hillary Rodham Clinton,
Secretary of State, Department of State, C Street, NW.,
Washington, DC.
Dear Madam Secretary: We are writing to ask that you seek
compensation from Russia on behalf of hundreds of thousands
of U.S. investors who have lost approximately $12 billion as
a result of Russia's expropriation of Yukos Oil Company. With
all other avenues exhausted for American investors, only
espousal by the United States can help to bring this matter
to an appropriate resolution.
American investors collectively owned approximately 15
percent of Yukos at the time the Russian authorities began
dismantling the company. The American investors in Yukos
included several public pension funds and more than 70
institutional investors in at least 17 States. There also
were over 20,000 individual American investors who owned
Yukos shares directly, in addition to the hundreds of
thousands who owned shares indirectly through mutual funds.
These investors have valid claims against Russia under
international law, but they have no mechanism to assert these
claims because there is no bilateral investment treaty (BIT)
in force between the United States and Russia. Other foreign
owners of Yukos have been able to initiate BIT claims, and a
UK investor recently won such a case. In a unanimous
decision, the arbitrators in the UK case concluded that
Russia had expropriated Yukos and that compensation was due.
In June 2008, American investors formally petitioned the
State Department to undertake government-to-government
negotiations with Russia. We respectfully ask that you
espouse the claims of these Americans and seek payment from
the Government of Russia as soon as possible.
Thank you for your consideration of our concerns. We look
forward to hearing from you.
Sincerely,
James M. Inhofe,
U.S. Senator.
Scott Brown,
U.S. Senator.
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