COOPERATION ON RUSSIAN ANTI-CORRUPTION EFFORTS:

C O N F I D E N T I A L SECTION 01 OF 03 MOSCOW 001450 SIPDIS STATE FOR EUR/RUS, EEB/IFD DOC FOR 4231/MAC/EUR/JBROUGHER NSC FOR MCFAUL E.O. 12958: DECL: 06/03/2019 TAGS: ECON EINV PGOV PREL RS SUBJECT: COOPERATION ON RUSSIAN ANTI-CORRUPTION EFFORTS: SEIZE THE MOMENT Classified By: Ambassador John R. Beyrle for reasons 1.4 (b,d) -------------- Summary -------------- ¶1. (C) Despite the economic crisis, in recent months President Medvedev has kept up a steady flow of initiatives to combat corruption, his signature issue in the presidential campaign last year. Medvedev has largely focused these initiatives on corruption by officials, including declarations of income and property holdings by civil servants. Medvedev and Prime Minister Putin led the way by being among the first to submit their (somewhat implausible) declarations. The Presidential Administration also ensured promulgation of a raft of measures to improve transparency in a range of government functions, including the court system. ¶2. (C) Criticism, much of it fair, has mocked and doubted the likely effectiveness of these measures. A recent VTsIOM poll reveals that Russians themselves remain deeply skeptical that corruption will ever be tamed. Nonetheless, corruption is a focus of the current national conversation in Russia and Medvedev,s personal interest gives us an opportunity, in the context of the July Summit, to engage the GOR on this sensitive topic, so critical to Russia,s economic and political development. In that regard, we should use Russia,s renewed focus on international cooperation to encourage its greater commitment to treaty obligations related to anti-corruption efforts, such as the UN Convention Against Corruption. End summary. -------------- Medvedev Tilts at Windmills? -------------- ¶3. (SBU) Like Putin, as president Medvedev has talked a lot about the pernicious effects of corruption and his desire to rid Russia of it. Unlike Putin, however, he has taken some concrete (albeit modest) actions. Since becoming President, he has established a Council Against Corruption and overseen the drafting of an anti-corruption plan. In December, he signed into law an anti-corruption bill, which for the first time in Russian history legally defines "corruption". The law is intended to increase transparency and public oversight of GOR functions, including the judiciary. It also institutes financial disclosure requirements for government officials and increases administrative sanctions for corrupt acts. ¶4. (SBU) In April, Medvedev became the first official to declare his income and property holdings, although the civil servant disclosure law does not come into effect until April ¶2010. Putin and the rest of the Government's ministers followed suit. (Even Chechen President Kadyrov jumped on the bandwagon.) Critics were quick to note, however, the implausibility of these declarations. For example, Medvedev declared earnings of about USD 124,000 and savings of about USD 84,000. As the press noted, highlighting the expensive watches he wears, the figures "don't seem consistent" with his lifestyle. Kadyrov,s claims that he owned only a small apartment elicited even more derision from Russians from all walks of life. ¶5. (C) Kiril Kabanov, Director of the National Anti-Corruption Committee, noted that a weakness of the legislation is that the penalties for non-compliance are vague, as are the provisions that task an entity with responsibility for ensuring compliance. Consequently, the deterrence value of job loss or administrative penalties is diluted by the suspicion that the legislation will be used selectively by the authorities against those who are out of favor politically. Despite this public skepticism, Medvedev has plowed ahead, signing in mid-May decrees expanding the range of officials subject to the disclosure legislation. These decrees went beyond the civil servant cadre to include heads of Russia's state corporations, such as Rosnanotech, VEB, etc. ¶6. (C) Another Medvedev anti-corruption initiative was unveiled May 21, when the Presidential Administration submitted a draft law to the Duma that tasks the Ministry of Justice with vetting all proposed legislation, as well as federal and regional regulations, for their "corruption potential". This law also envisions giving individuals and MOSCOW 00001450 002 OF 003 civil society organizations the right to make recommendations regarding the corruption factor in proposed laws and regulations. -------------- Skepticism Abounds -------------- ¶7. (C) Critics, and for that matter the bulk of Russia,s population, would appear to remain roundly skeptical of any change in Russia with respect to corruption. A recent VTsIOM poll found that 58 percent of Russians believed that it was impossible to conquer corruption, blaming primarily greedy bureaucrats and businesspeople. Kabanov said until the GOR was prepared to hold responsible and, if necessary, get rid of the "top ten percent" layer of government and business for corrupt behavior, there could be no fundamental change in Russia. ¶8. (C) Others in the legal community echoed Kabanov,s skepticism. For example, Michael Paleyev, a lawyer in the Presidential Administration, told us that he thought the disclosure law was a farce and said that it was unfair to make government employees disclose their personal finances and the finances of their family members to their superiors in the government. He expressed concern that the law would just provide another mechanism for the Kremlin to collect more "compromat" on government employees and strengthen its control over society. According to Paleyev, the only way to combat corruption is to draft clearer laws, which reduce the discretion of government regulators and, consequently, reduce opportunities for abuse. The Medvedev administration has not yet taken such measures. ¶9. (C) Another lawyer with whom we spoke, a high-ranking member of the St. Petersburg bar, told us that seats on the anti-corruption council were being corruptly sold for high prices. A position on the council, he explained, provides access to inside information about which industries might be targeted for probes and, even more valuable, the opportunity to target investigations against one,s business competitors. -------------- But Change Possible -------------- ¶10. (SBU) Still, as Elena Panfilova, Director of Transparency International Russia reminded us, corruption has become part of the national discussion, in part because of Medvedev,s efforts. Radio call-in shows feature discussions of corruption in the police department and newspapers have openly mocked various officials' income declarations, none of which was conceivable a year ago. ¶11. (C) The GOR,s interest in anti-corruption measures has likely been spurred by Russia,s need for foreign investment. Before the global economic recession, Russia's steady descent in corruption ratings failed to dissuade foreign investors. The returns were high enough to allow them to put aside concerns about corruption and weak rule of law. The question is now whether those concerns will slow investment in Russia as global investors become more selective in the recovery. Karina Litvack, Head of Governance and Sustainable Investment at F&C Asset Management, told us recently that China, India, Brazil, and Malaysia have all made greater strides in battling corruption than Russia, which may have an effect on investment flows. -------------- An Opening for the U.S.? -------------- ¶12. (C) For the U.S., Medvedev,s interest in anti-corruption, including the GOR,s renewed interest in international cooperation, presents an opportunity, particularly in the context of President Obama,s July visit. Corruption is one of the largest impediments to Russia,s economic and democratic development. The upcoming meeting between Presidents Obama and Medvedev offer a chance to encourage Russia to show greater commitment to its international treaty obligations relating to anti-corruption, such as the UN Convention Against Corruption. ¶13. (C) Corruption is a sensitive issue and the advantage of MOSCOW 00001450 003 OF 003 focusing on the Convention is that, as an international obligation, it provides a neutral mechanism for bilateral discussion. It would also allow us to gain traction on issues like transnational bribery that are important to U.S. businesses. Perhaps most importantly, a high-level public declaration during the Summit from Medvedev on Russia's commitment to the international community to fight corruption could buttress his domestic anti-corruption efforts. ¶14. (C) It is tempting for Russians and foreigners alike to dismiss Medvedev's efforts as self-serving populism. However, the pace of his activity indicates that, at the very least, he is creating a moment ripe for discussion, including internationally. Inviting Medvedev to join us in efforts to fight corruption through treaties such as the UN Convention creates space for him to try to persuade his domestic audience that the effort is genuine. BEYRLE