Who will protect the domestic investor.
Who will protect the domestic investor.
Ostap Bendery, as is known, knew 400 ways otema or
Withdrawal of money at the population, the Japanese firm "Tajriku Trading To,
Ltd. "Knows them much more. It quite could become
The hero of novel Ilfa and Petrov if writers created in ours
Time. Impressions about "commercial operations" "Tajriku
Trading "the suffered businessmen of Khabarovsk can share and
Other Russian cities as the Japanese company was able
Specialises exclusively on financial and economic
Activity in Russia.
"The abroad will help us" - one more citation from Bendera, in
Which was for some reason believed by beginning Russian business of the end
80 - the beginnings of 90th years. A question "And for what reason?" not
Arose in excited in steams of reorganisation heads of beginners
Businessmen.
All has begun in 1989, when, not lagging behind from spirit
Time, Open Society "Sakhalin sea shipping company" has created with
The Japanese party joint venture on erection
Hotels. Caring of edge development, it has tried to involve to
To it, apparently, to perspective business and small investors:
Four fishing collective farms and Sakhalin oblrybakolhozsojuz.
All with the foreign partner have divided fifty-fifty: and ustavnyj
The joint venture capital, and even the name
"Sakhalin-Tajriku", in abbreviated form - "Santa".
Later, already in 1991, also in equal shares,
Have agreed about joint financing of joint venture "п п п?я п " for
Buildings in Yuzhno-Sakhalinsk hotel-tourist
Complex "Santa Rizot Hotel". And "the Sakhalin sea
Shipping company ", and the Japanese firm" Tajriku Trading To, Ltd. "
Have signed corresponding credit dogovory with "Santa" on
The sum of 1 800 000 000 Japanese yens, or about 15 million
US dollars everyone.
However, thus the foreign partner has put the rigid
Conditions: money should be translated to Japan;
The manager of the design bill in the Japanese bank is
Exclusively firm "Tajriku Trading"; the general
The contractor of building of hotel becomes also "Tajriku
Trading "; it receives the exclusive right on realisation
Tourist services, that is actually is the main thing
The manager-manager on hotel operation.
Whether not too it is a lot of for the Japanese party which is considered
As though the equal partner? Then it seemed, that is not present. Market
Relations only accustomed to Russia, bank system
The countries yet completely to them it has been adapted, foreign
Communications are not developed. And at last, it is not necessary to forget about magic
Magic words "the foreign investor". In honesty,
Decency, professionalism come on the Russian market
Foreign businessmen anybody also did not think to doubt. All
Trusted a priori.
"The Sakhalin sea shipping company" has translated the joint
To the enterprise on a design bill in Japan the share of the credit in
To the sum of 1 800 000 000 Japanese yens. The hotel was under construction, and in
Result its cost at statement on the balance account
Wonderfully it has appeared to the equal above-named sum.
Such coincidence guarded, especially under treaty provisions
"Tajriku Trading To, Ltd." Was simultaneously and
The manager of the design bill, and the general contractor
Buildings, that is the firm actually carried out payments
To itself.
Further it was found out, that the share of the credit for the bill in
Bank firm "Tajriku Trading To, Ltd." And has not translated.
The concerned Russian partner repeatedly demanded, that
The Japanese party has shown bank and accounting
The documentation confirming the fact of remittance or
It was explained concerning a credit unaccordance. Firm
Refused to present such proofs.
Not having executed a main objective of the contract regarding investment in
Equal shares with the Russian partner, not having enclosed in building
Hotels yens, the Japanese party with financial benefit for
Itself realised its other points, being engaged in placing
Building orders and operation put into operation
Hotels. Reached to ridiculous, when about presence of the free
Places and acknowledgement on residing in hotel-tourist
Complex of a city of Yuzhno-Sakhalinsk it was necessary to send inquiry in
Japan.
"The Sakhalin sea shipping company", granting the loan in 15
Millions dollars on building of the first in Yuzhno-Sakhalinsk
Hotels of the international class, hoped not only to return
The money but also to receive profit. For it hoped and
The fishing collective farms which also have enclosed the remains in the hotel
Business which all over the world is considered the most profitable and
Quickly - paid back. However under a management "Tajriku Trading
To, Ltd. "The hotel yielded losses. Also that is surprising,
It touched the Japanese party a little.
The matter is that "the foreign investor" all dividends
Has already earned during object building: he to itself
Reserved podrjady, received for services of the intermediary, bought
The equipment etc. Despite numerous requirements,
The Russian side and has not received from the Japanese partners
Costs of the contracts concluded with the building companies,
The documents reflecting actual cost of building
Hotels.
Further to remain in joint venture "Tajriku
Trading To, Ltd. "Has counted for itself hlopotnym, and dangerous.
The company has decided to hide the ends in water, having sold the share in the joint venture
"Santa" to other foreign investor.
Here so! What there Ostap Bendery with "fair"
In the ways otema money in comparison with "Tajriku Trading"! So,
The naive youth, the adventurer-romanticist! To it never to reach
To financial giants of thought from the Japanese islands, which
Are able, nothing having enclosed, not only on it to earn, but still
It and to sell!
In 1998 of Open Society "Sakhalin sea shipping company" in
Judicial order has obtained on demand return of the delayed credit,
Given on building of hotel to the joint
To enterprise "п п п?я п ". By a mutual consent of the parties dispute
It was considered in the Arbitration court and has been solved in advantage
Russian side. Collecting has been imposed on joint venture property
"Santa", including on hotel. Under the decision of court it
It was passed shipping company on account of debt payment.
The Russian wisdom says - "that thief who is the loudest
Shouts "plunder!". It is not known, whether it is familiar "Tajriku Trading" with
The Russian folklore, but after the decision of court it has arrived
So.
Complaints have departed to all ends and vesi - from the foreign press,
The governmental circles and embassy of Japan to the Russian
Newspapers, deputies of the State Duma and even the President
Russia. The parties have appeared involved in a long chain
Arbitration trials.
Thus the Japanese company always left from the essence
Problems - establishments of the fact of granting of the credit "Tajriku
Trading To, Ltd. "To joint venture" п п п?я п "on
Hotel construction. For this purpose it is necessary to show only
The financial and bank documentation, but the Japanese company
Refuses to do it.
The shipping company, on the contrary, is ready any commission to give
All materials: whether it be foreign journalists or deputies
The State Dumas, the international or Russian audit, FSB, Schetnaja
Chamber etc. But the Japanese party against the commissions and audit.
The conflict has outgrown frameworks of mutual relations of two partners, speech
Already went about an honour and dignity protection of the Russian business. On
To the commission of the governor of the Sakhalin area at the vice-governor
I.P.Malakhov has been created the working commission in structure
Administrations of the Sakhalin area, Open Society "the Sakhalin sea
Shipping company ", the Japanese company" Tajriku Trading To, Ltd. "With
The purpose to settle the conflict to stop the judicial
Trials to make the co-ordinated decision. The parties
Recognised necessity at first to establish the fact of performance
The Japanese party of the obligations about credit granting.
We do not suspect, that polite Japanese can not respect
The power of Sakhalin, we suspect, that to the Japanese firm is simple
There is nothing to show area administrations. For this reason with
August, 2000 when there passed this meeting at
Vice-governor Malakhov, and it has not been presented any
The bank and financial documentation firm "Tajriku Trading
To, Ltd. ".
We are grateful to the position of President Putin stated by it on
Press conferences in Japan according to which Russia will be
To protect both Japanese, and the Russian investors. Only
The equal conditions equal to possibility and equal relations to
To foreign and Russian businessmen on own Russian
Territories can deduce domestic business on the due
Level.
We speak "investor" - we mean "foreign" and at
It it is lamented - "do not frighten them, they and so are afraid of the Russian
Mafias "," protect them, and that will not begin to flow currency in the country ".
And still the foreign investor - not a sacred cow.
Unfair investors not only cause a damage of the Russian
To economy, but also undermine prestige of own states before
Young Russian business, discredit idea of attraction
Foreign investments into Russia.
And who will protect the Russian investors? The president,
The government, Arbitration court, journalists? In our opinion, this
The problem concerns all: both the state structures, and judicial
Bodies, and mass media - all Russian
Societies.
For a decade of development of business in Russia
There was a different domestic business: focused on export
Country resources, rendering of intermediary services, a small-scale business.
Speaking about necessity of development of business, creation
Middle class, neither the state structures, nor means
The mass information do not press in its distinctions and features. About
The Russian investor speak in general a little, and not because not
Want, that is why, that it practically is not present.
Meanwhile the domestic investor is
Indicator and guarantee of healthy economic development
Russia. Exporters and intermediaries from the Russian
Businesses cannot become a national economy basis.
The small-scale business works basically on itself, and it in own way
It is good, as removes from the state set of cares. But who
Will put up money in development of economic potential
Russia? To hope only for the state in this question obviously
There is not enough. Whether but all understand it?
Akkurat on the eve of visit of President V.V. Putin to Japan
The dear newspaper of "News" on the first page has placed the
The vast comment to a conflict situation on Sakhalin,
Having used in the heading as a matter of fact offensive for
The higher person in the state a pun - "the Visitor in a throat". Reception,
Let's tell directly, not so successful, though lingvisticheski and
The faultless. However a question not in it. Simply, having read this
The material, arises impression, as heading, and the text
Are written as though under dictation, another's hand. Who drove it?
Most likely, we can assume, - those not so
In a friendly way adjusted in relation to Russia and its President
Commercial structures of Japan. Yes, similar, those, which,
Knowing a position of principle of our President of
Kuriles, tried to manage to get at it instead of islands though that
"Bone", in the form of hotel "п п п?я п ". In vain try,
Misters. The facts - all the same an obstinate thing.
After the publication of this comment in "News"
"The parliamentary newspaper"has placed"the Statement of Board of directors
Open Society "Sakhalin sea shipping company", in which, in particular,
Readiness of a Russian side to spend expressed
Objective journalistic investigation of the conflict of two
Legal sides also readiness also has been stated
To give corresponding documents.
Such investigation has been spent. However, as it has appeared,
The Japanese party extremely is not interested to solve the arisen
The conflict to participation of the international auditors. Why? Something
Is afraid? Suddenly it will appear, that they have not brought anything! Same
The international scandal!
According to the vice-governor of Sakhalin area I.P.
Malakhov, on a place two meetings, on which were already held
Again readiness to create working group proved to be true for
Problem decisions. "The Sakhalin sea shipping company" has given the
The consent, was ready to sit down for a negotiating table, that
To prove the share in realisation of investments, to confirm
Capital investments. Japanese firm "п п п я п п я " does not want,
Refuses. And at level of the governor this conflict to solve not
It is possible. Means, last instance there is a court.
Our newspaper is from its part ready to publish and
Definitive verdict of Arbitration court, and opinion of any of
Participants of process.
Michael KUBEEV.
//* an information Source: the Parliamentary newspaper, 19.12.00
//* Reg. Nom. - 1101200260.35-------------------------------------------
|
