Subject:

URGENT: update re Ukrainian energy market situation

From:
"Vadim Pozharskyi" v.pozharskyi.ukraine@gmail.com
To:
"Hunter Biden" hbiden@rosemontseneca.com, "Devon Archer" darcher@rosemontseneca.com, "Sebastian Momtazi" smomtazi@rosemontseneca.com, "Robert Biden" rhbdc@icloud.com
Date:
2014-11-20 13:16
Attachments:
Letter from ECS on Decree#596 14-11-2014.pdf
Dear Hunter and Devon, 
Just wanted to give you a quick, but very important update on the latest Cabinet of Ministers of Ukraine Decree re the gas market.

 As I've said to you before, as a result of its enactment, hundreds of articles and expert op-eds have published all over Ukrainian media. 
The Association of Independent Gas Producers (us) filed a suit to revoke this Decree, wherein at least 7 absolutely indisputable reasons in support of our claim and this decree's violation of current Ukrainian legislation were mentioned.

The American Chamber of Commerce and European Business Association both wrote letters to the Ukrainian PM Yatsenyuk, where they raised  deep concerns about extremely negative consequences of this legislative initiative for the entire gas production sector.

Another important thing, is that the European Energy Community Director sent a letter to PM Yatsenyuk raising serious concerns about the fact this Decree appears to contradict the Ukrainian commitments before the European Union, a.i. obligations within the framework of the Association Agreement and European Energy Community Treaty.

Despite all of that, the Decree still remains in force. 

So far, we've received a letter from ArcellorMittal, saying that following this Decree they are practically forced to stop buying gas from us and start buying gas from NAK Naftogaz of Ukraine instead (a newly created state owned monopoly). Just to remind you that up 90% of all our produced gas volumes have been given to ArcelorMittal, so you can imagine what a huge blow this is to us!

Taking into account all of the above, I desperately urge you to use all resources available to you to send a clear signal (taking into account the upcoming visit of a high-level US delegation to Ukraine) to our authorities. Thus, you'll be basically joining the EU institutions and international business community in order to revoke this unprecedented illegal act. 

At this point, we are on the edge of very serious repercussions. 
Very much looking forward to your feedback, 
Vadym

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