Devon and Hunter – The immediate plan is to reach out to the Energy and Ukraine desks, respectively, at State Dept to introduce them to Burisma and “update” them on Burisma’s current situation, which will include the issues you’ve emailed me about today per Vadim’s emails to you.  We can’t just go in there with a hard ask but it is often the case that the conversation is open to an ask, assuming it goes well.  That will include outreach to Carlos Pascual, he is the  top US energy diplomat; his actual title is Special Envoy and Coordinator for International Energy Affairs at State.  He was formerly US Ambassador to Ukraine (’00-03) and later to Mexico (09-12 - he was apparently not so great in Mexico but still respected and highly effective).  He was recently in Ukraine and on the Hill briefing the Senate Foreign Relations Committee privately about Ukraine and the challenges it faces.  

Devon – This email from Vadim below has precipitated a conversation I wanted to have with you anyway.  As part of our ongoing strategy, I would ideally like for BSF to engage a lobbyist of our choosing to work with me.  We at BSF will lead all this work and can execute the political and legal work right up to the line where we would need to register as lobbyists, but I don’t want to register under the lobbying disclosure act or the foreign agents registration act. I have the right person picked out and have already casually and broadly discussed the issues with him. If it’s okay with you, I’ll have a more pointed conversation with him today so we can get moving, starting with key State Dept officials we need to start talking to this week.  (His name is David Leiter – he is good, trust-worthy, understands energy issues and Ukraine, and he is very close with Sec. Kerry (was formerly Kerry’s Chief of Staff, which is how I know him).)

 

Heather King, Esq.

Partner

BOIES, SCHILLER & FLEXNER LLP
5301 Wisconsin Avenue, N.W.
Washington, D.C. 20015
202-274-1129 (Phone)
202-237-6131 (Fax)

hking@bsfllp.com

 

From: Devon Archer [mailto:darcher@rosemontseneca.com]
Sent: Monday, May 12, 2014 8:42 AM
To: Heather King
Subject: Fwd: urgent issue

 

Heather,

Please read below and let's discuss once you've had a chance to review today.  

 

Hunter and I are in Doha but available.

Best,

Devon Archer

646 436 3745

Begin forwarded message:

From: Vadim Pozharskyi <v.pozharskyi.ukraine@gmail.com>
Date: May 12, 2014 at 3:29:24 PM GMT+3
To: Devon Archer <darcher@rosemontcapital.com>, Hunter Biden <hbiden@rosemontseneca.com>
Subject: urgent issue

Dear Hunter and Devon,

 

Following our talks during the visit to the Como Lake and our further discussions, I would like to bring the following situation to your attention.

 

As previously pointed out on a number of occasions, the representatives of new authorities in power tend to quite aggressively approach N. Z. unofficially with the aim to obtain cash from him. Initially, it was done by the representatives of Svoboda party and the Ministry of Internal Affairs. These so called unofficial "communications" would entail blackmailing: in case we don't cooperate i.e. provide money in cash the gaz production business of N.Z. would be stopped, destroyed etc…

 

It’s important to note that Svoboda party is represented in the government by the General Prosecutor and by Minister of Ecology and Natural Resources Of Ukraine. The last organ together with the State Geological and Subsurface Survey of Ukraine, which is directly subordinated to the Ministry of Ecology and Natural Resources of Ukraine, are principal regulators in the area of issuing licenses for natural resources and control.

 

After unsuccessful attempts to receive funds from our side, they proceeded with concrete actions.

 

So far we got information (through unofficial channels) that one or more pretrial proceedings were initiated by the Ministry of Internal Affairs with regrad to Burima Holdings companies that are heavily engaged in gas production and happen to be our Holdings' key companies.

 

The Ministry of Internal Affairs contacted the Ministry of  Ecology and Natural Resources and the State Geological and Subsurface Survey of Ukraine to obtain all documents concerning licenses issued since 2006 until now to the companies of our Holding.

 

Apart from that, they would unofficially approach our partnres, clients, suppliers trying to intimidate them to stop working with our companies.

 

These are typical instruments to destabilize business.

 

We urgently need your advice on how you could use your influence to convey a message / signal, etc .to stop what we consider to be politically motivated actions bearing in mind the following:

 

Burisma holdings is a leader among private gas producers;

Our primary client is Accelor Mital- Ukraine's biggest metal steel plant. We cover more thet 60% of its gas needs.

Our clients and their production are largely dependant on our work and our ability to perfom our contractual obligations;

We employ hundreds of employees etc. and etc.;

Negative influence on our companies may result in multy-level negative social, econimical and political consequnces.

 

Please advice, looking forward for your reply,

 

Vadym Pozharskyi

 

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