Identifier
Created
Classification
Origin
09MOSCOW1625
2009-06-19 13:03:00
CONFIDENTIAL
Embassy Moscow
Cable title:  

LOOKING FOR A "NO" FROM WTO ON CUSTOMS UNION

Tags:  ECON ETRD RS WTO 
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INFO RUEHXE/EASTERN EUROPEAN POSTS COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
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RHEHAAA/WHITE HOUSE WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 001625 

SIPDIS

WHITE HOUSE FOR NSC:MCFAUL;
WHITE HOUSE ALSO FOR USTR:KIRK, RODHE, WILSON;
GENEVA FOR US MISSION TO THE WTO

E.O. 12958: DECL: 06/20/2020
TAGS: ECON ETRD RS WTO
SUBJECT: LOOKING FOR A "NO" FROM WTO ON CUSTOMS UNION

REF: MOSCOW 1538

Classified By: AMBASSADOR BEYRLE, REASON 1.4 (B) AND (D)

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 001625

SIPDIS

WHITE HOUSE FOR NSC:MCFAUL;
WHITE HOUSE ALSO FOR USTR:KIRK, RODHE, WILSON;
GENEVA FOR US MISSION TO THE WTO

E.O. 12958: DECL: 06/20/2020
TAGS: ECON ETRD RS WTO
SUBJECT: LOOKING FOR A "NO" FROM WTO ON CUSTOMS UNION

REF: MOSCOW 1538

Classified By: AMBASSADOR BEYRLE, REASON 1.4 (B) AND (D)


1. (C) Summary. Following Putin's surprise announcement
that Russia intends to accede to the WTO as part of a customs
union with Belarus and Kazakhstan, Russian officials are
still trying to figure out how best to proceed. Intensive
consultations are underway, with Minister Nabiullina
reportedly speaking with various trade ministers while
Russian negotiators proceed to Geneva this week and Paris
next for consultations. GOR sources indicate that, following
these conversations in Geneva and Paris, they will try to
figure out a way forward. Diplomatic sources and press
reports indicate that the negotiations in Geneva have not
gone well for the Russians hopes of a Customs Union
accession. However, they have not gone badly enough for
Russia's economic liberals, at least one of whom told us that
a firm "no" by WTO members and/or the Secretariat to the
customs union proposal could be helpful in a reconsideration
of the current Russian position. End Summary.

Consultations Underway
--------------


2. (C) While senior Russian government officials were
clearly unprepared for Putin's June 9 announcement that
Russia intends to accede to the WTO as part of a customs
union with Belarus and Kazakhstan, they have shifted quickly
into "outreach" mode. Economic Development Minister
Nabiullina reportedly is reaching out via telephone to key
counterparts, including USTR Kirk and EC Trade Commissioner
Ashton. Nabiullina's talking points reportedly include
expressing interest in preserving the work already
accomplished on Russia's accession and in continuing
discussions among experts on remaining items, including this
week in Geneva. Nabiullina reportedly plans to meet with
counterparts in Paris next week to conduct further
consultations.


3. (C) Russia's lead WTO negotiator, Maksim Medvedkov, led
the Russian delegation that was dispatched to Geneva consult
on the customs union proposal with the WTO Secretariat and
Russia's Working Party. GOR and other diplomatic sources

indicate that, in addition to making the formal presentation
on Russia's changed negotiating status at the meeting on
Wednesday, Medvedkov was also charged with exploring with the
WTO secretariat whether accession as a customs union was
possible. While some in the Russian government interpret
Article XII language as permitting such an action, others
have doubts, noting that this provision refers to customs
territories, which can differ from customs unions.

Reactions from Geneva
--------------


4. (C) Press reports and diplomatic sources here in Moscow
indicate that the talks in Geneva were difficult, with
Russian, Belarussian and Kazakhstani representatives facing
questions from multiple delegations regarding the proposed
change in negotiating status. The New Zealand trade officer
noted that, based on the read-out he had received of the
Geneva session, Russia's trade partners are extremely
concerned about the potential for increased problems in the
agricultural trade sector. The lack of agreement on SPS is
of particular concern, given Russia's tendency to use
non-tariff barriers to protect key markets.


5. (C) While direct information from the GOR is limited, as
key GOR officials are going directly from Geneva to Paris for
further discussions, Nabiullina is widely quoted as saying
that she does not want to lose the progress already made.
Putin himself is also quoted in Russian press as saying that
Russia "needs to preserve the level of agreement that we've
reached with the WTO from falling or being lost."

Re-evaluation after Paris
--------------


6. (C) Local business press and experts continue to raise
questions regarding the Russian approach, noting the
difficulties of negotiating as partners with countries when,
at the same time, Russia is engaged in trade disputes with

MOSCOW 00001625 002 OF 002


those same countries. Although Russia reportedly is in the
process of removing bans on Belarussian dairy products,
tensions remain regarding other Russian SPS restrictions,
including those currently in force on meat from Kazakhstan.


7. (C) Meanwhile, GOR sources, including Vadim Grishin
(protect),a senior Finance Ministry official close to
Minister Kudrin, indicate that they intend to re-evaluate
their approach following the consultations in Paris next
week. Based on what they heard in Geneva this week, and what
they expect to learn in Paris next week, they will try to map
out a way forward.


8. (C) This future approach, we have been told, will need to
take into account both Putin's public commitment to closer
trade ties to Belarus and Kazakhstan, and the realities of
negotiating in the WTO where there exists no precedent nor
easily-identifiable path forward for accession by a customs
union. In that regard, Grishin indicated that a "no" from
the WTO wouldn't be the worst outcome as it would allow
Russian officials to explore a way out of the current
situation.

Comment
--------------


9. (C) As noted reftel, Putin's announcement was apparently
not coordinated within the GOR and those who favor Russia's
speedy WTO accession, such as Kudrin, Nabiullina, and
Shuvalov, may be looking for ways to salvage the process,
without directly contradicting Putin's public comments. A
"no" from the WTO could give them a safe way to revisit
Putin's announcement. However, our window of opportunity for
influencing the WTO's decision is short. We need to be clear
in our message and encourage others to do so as well.
Otherwise, if the WTO's answer allows Russia to persist in
going down the path of accession via a customs union, we
envision significant delays in its accession as Russia tries
to work out modalities with its international partners while
also trying to keep its fractious coalition with Belarus and
Kazakhstan alive.
BEYRLE