Identifier
Created
Classification
Origin
07ASHGABAT767
2007-08-02 09:09:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ashgabat
Cable title:
Turkmenistan: 2007 Report on Investment
how-toVZCZCXRO9010 RR RUEHAG RUEHDBU RUEHDF RUEHIK RUEHLN RUEHLZ RUEHROV RUEHVK RUEHYG DE RUEHAH #0767 2140909 ZNR UUUUU ZZH R 020909Z AUG 07 FM AMEMBASSY ASHGABAT TO RUEHC/SECSTATE WASHDC 9098 INFO RUCNCIS/CIS COLLECTIVE RUCNMEM/EU MEMBER STATES COLLECTIVE RUEHLM/AMEMBASSY COLOMBO 0474 RUEHKA/AMEMBASSY DHAKA 0496 RUEHIL/AMEMBASSY ISLAMABAD 2184 RUEHBUL/AMEMBASSY KABUL 0933 RUEHKT/AMEMBASSY KATHMANDU 0231 RUEHNE/AMEMBASSY NEW DELHI 0981 RHMFIUU/CDR USCENTCOM MACDILL AFB FL RUEAIIA/CIA WASHDC RHEFDIA/DIA WASHINGTON DC//DHO-2/REA/NMJIC-J2// RUEKJCS/JOINT STAFF WASHINGTON DC//J5/RUE// RUEKJCS/SECDEF WASHINGTON DC
UNCLAS ASHGABAT 000767
SIPDIS
SIPDIS
SENSITIVE
STATE FOR SCA/CEN
DEPT FOR EB/IFD/OIA, L/CID
ALMATY FOR STUART SHAAG
E.O. 12958: N/A
TAGS: PREL BTIO EINV CASC OPIC ENRG PGOV TX
SUBJECT: Turkmenistan: 2007 Report on Investment
Disputes and Expropriation Claims Submission
REF: STATE 55422
UNCLAS ASHGABAT 000767
SIPDIS
SIPDIS
SENSITIVE
STATE FOR SCA/CEN
DEPT FOR EB/IFD/OIA, L/CID
ALMATY FOR STUART SHAAG
E.O. 12958: N/A
TAGS: PREL BTIO EINV CASC OPIC ENRG PGOV TX
SUBJECT: Turkmenistan: 2007 Report on Investment
Disputes and Expropriation Claims Submission
REF: STATE 55422
1. (U) a. Claimant A
b. 2004:
c. Claimant A concluded a contract on purchasing 3,000 tons of
K-354 type carbon black at a price of $320.00 per ton with the State
Concern "Turkmen Fertilizers and Chemistry" in November 2004.
During 2005, the selling organization failed to deliver the shipment
to Claimant A on time, although the payment for the bulk of the
purchase had been made and special sacks had been delivered to
facilitate transportation. After Claimant A filed an advocacy
request in December 2005, the embassy sent a diplomatic note to the
Government of Turkmenistan requesting the seller to expedite the
delivery. After the embassy sent the note, the seller in early 2006
released the shipment, except for 333.5 tons, for which the payment
process had been delayed. (Comment: Although the payment had been
made in early 2006, Claimant A transferred the payment for the
remaining 333.5 tons toward a different deal at the unofficial
request of the director of "Turkmen Fertilizers and Chemistry" and
in exchange for the director's promise to sell the remaining amount
of carbon black at a price of USD 1,050.00. The director of Turkmen
Fertilizers and Chemistry was arrested for embezzlement in late
2006. End Comment.) However, the seller refused to sell the
remaining 333.5 tons, claiming that Claimant A had to pay a new
price of USD 1,900.00 per ton because the payment for the remaining
part of the shipment was not made earlier. The embassy sent a
diplomatic note on June 7, 2006, conveying Claimant A's letter to
the Government of Turkmenistan requesting to facilitate the purchase
of the remainder of the carbon black. In September 2006 Claimant A
requested that post stop intervention on its behalf in pursuing any
unfulfilled contracts.
2.(U) a. Claimant B
b. 2007:
c. Claimant B signed a contract for International Public Switched
Telephone Service (speed digital circuits and voice grade circuits)
with the Ministry of Communications of Turkmenistan on May 27, 1998.
Claimant B claims an accumulated unsettled debt of $1,578,684.
Despite numerous efforts -- according to Claimant B's collection
agency -- to negotiate Claimant B's claim with the Communications
Ministry, the dispute remained unresolved. At different times
ministry staff either denied the contract, or claimed they had not
received monthly billing notices.
In June the embassy telephoned the ministry in an attempt to clarify
its reasons for not paying. The ministry acknowledged its contract
with Claimant B and that it has outstanding debt to Claimant B, but
said it disagrees on the amount it owes. The ministry claimed that
it does not have all the traffic reports (monthly billing notices)
from Claimant B and that all reports (invoices) should be reconciled
by the two parties in order for the ministry to pay. The embassy
requested through Claimant B's collection agency that Claimant B
supply all monthly billing notices.
3. (SBU) Claimant A: Amcom LLC
Claimant B: Verizon/MCI.
HOAGLAND
SIPDIS
SIPDIS
SENSITIVE
STATE FOR SCA/CEN
DEPT FOR EB/IFD/OIA, L/CID
ALMATY FOR STUART SHAAG
E.O. 12958: N/A
TAGS: PREL BTIO EINV CASC OPIC ENRG PGOV TX
SUBJECT: Turkmenistan: 2007 Report on Investment
Disputes and Expropriation Claims Submission
REF: STATE 55422
1. (U) a. Claimant A
b. 2004:
c. Claimant A concluded a contract on purchasing 3,000 tons of
K-354 type carbon black at a price of $320.00 per ton with the State
Concern "Turkmen Fertilizers and Chemistry" in November 2004.
During 2005, the selling organization failed to deliver the shipment
to Claimant A on time, although the payment for the bulk of the
purchase had been made and special sacks had been delivered to
facilitate transportation. After Claimant A filed an advocacy
request in December 2005, the embassy sent a diplomatic note to the
Government of Turkmenistan requesting the seller to expedite the
delivery. After the embassy sent the note, the seller in early 2006
released the shipment, except for 333.5 tons, for which the payment
process had been delayed. (Comment: Although the payment had been
made in early 2006, Claimant A transferred the payment for the
remaining 333.5 tons toward a different deal at the unofficial
request of the director of "Turkmen Fertilizers and Chemistry" and
in exchange for the director's promise to sell the remaining amount
of carbon black at a price of USD 1,050.00. The director of Turkmen
Fertilizers and Chemistry was arrested for embezzlement in late
2006. End Comment.) However, the seller refused to sell the
remaining 333.5 tons, claiming that Claimant A had to pay a new
price of USD 1,900.00 per ton because the payment for the remaining
part of the shipment was not made earlier. The embassy sent a
diplomatic note on June 7, 2006, conveying Claimant A's letter to
the Government of Turkmenistan requesting to facilitate the purchase
of the remainder of the carbon black. In September 2006 Claimant A
requested that post stop intervention on its behalf in pursuing any
unfulfilled contracts.
2.(U) a. Claimant B
b. 2007:
c. Claimant B signed a contract for International Public Switched
Telephone Service (speed digital circuits and voice grade circuits)
with the Ministry of Communications of Turkmenistan on May 27, 1998.
Claimant B claims an accumulated unsettled debt of $1,578,684.
Despite numerous efforts -- according to Claimant B's collection
agency -- to negotiate Claimant B's claim with the Communications
Ministry, the dispute remained unresolved. At different times
ministry staff either denied the contract, or claimed they had not
received monthly billing notices.
In June the embassy telephoned the ministry in an attempt to clarify
its reasons for not paying. The ministry acknowledged its contract
with Claimant B and that it has outstanding debt to Claimant B, but
said it disagrees on the amount it owes. The ministry claimed that
it does not have all the traffic reports (monthly billing notices)
from Claimant B and that all reports (invoices) should be reconciled
by the two parties in order for the ministry to pay. The embassy
requested through Claimant B's collection agency that Claimant B
supply all monthly billing notices.
3. (SBU) Claimant A: Amcom LLC
Claimant B: Verizon/MCI.
HOAGLAND