exclusive
The Russian Rosneft Deutschland GmbH imports hundreds of thousands of tons of oil – allegedly from Kazakhstan. Although there are doubts about the origin, after research by customs NDR, WDR and SZ instructed to wave through the imports as quickly as possible.
Insiders describe the letter, which was sent to the main customs offices in Berlin and Frankfurt (Oder) at the beginning of September, as “extraordinary, to say the least”. In the two-page letter, the General Customs Directorate clearly tells the downstream authorities what it expects from them. Namely, that in the future there should be “no more delays” when importing oil through Rosneft Germany.
This also applies to the majority-owned Rosneft subsidiary PCK Raffinerie in Schwedt (Brandenburg), which supplies a large part of the fuel for the greater Berlin area and northeastern Germany. Imports via oil pipelines that have already been registered must be handed over to the two companies “immediately,” the letter states NDR, WDR and SZ could see. Should any difficulties arise in the future, the General Customs Directorate must be informed “immediately and urgently”.
The General Customs Directorate allows Rosneft Germany and PCK to import crude oil into Germany without the imports being directly examined by customs. That in itself wouldn’t be unusual. In the case of Rosneft Deutschland GmbH, which is now under federal trusteeship, the situation is different.
Before the German oil embargo against Russia, the oil that the Rosneft subsidiary PCK purchased came 100 percent from Russia. Last December, Rosneft announced that at least some of the oil would continue to flow to Brandenburg via the Druzhba pipeline. In the future it should no longer come from Russia, but from Kazakhstan.
Kazakhstan is considered by customs “Russia-friendly”
However, there is a catch to this alternative delivery. The Customs Criminal Investigation Office (ZKA) sees a “high risk” that such transactions could be used to circumvent Russian sanctions. In addition to 13 other countries, Kazakhstan is also considered “Russia-friendly” by customs officials. This emerges from a confidential risk profile NDR, WDR and SZ could see. It further states that in the case of an oil delivery from a Russia-friendly country, “particular attention should be paid to indications of possible circumvention of the ban on imports of crude oil from Russia.”
But that is exactly what is no longer possible, complain customs officers. It is completely different whether the legality of a transaction is checked before the goods reach the German market or only a few weeks later. “A few weeks later, the company gives you exactly the documents it wants to give you. Checks directly upon import are much more efficient,” say customs employees.
A case from Poland shows that the customs risk analysis is no coincidence. According to information from the Polish news portal “Biznesalert” and the “Lausitzer Rundschau”, the Polish pipeline operator examined the oil flowing through the Druzhba pipes. The analysis showed that the oil that also ended up in Germany was probably Russian oil, or at least it was apparently chemically indistinguishable from it.
No problem, says the Federal Ministry of Economics. Finally, oil mixing could occur as Kazakh oil passes through the Druzhba pipeline, which runs across Russia. The only important thing is that Russia doesn’t make any money from the deal.
Kazakh oil field partly belongs to Lukoil
But this point is apparently not that simple either. The Kazakh oil field from which the crude oil is allegedly pumped to Germany is partly owned by the Russian company Lukoil. A request from NDR, WDR and SZ, how in this case money should be prevented from flowing to Russia, was left unanswered by the Ministry of Economic Affairs.
German companies that export goods that are affected by Russia’s sanctions usually have to be prepared for very precise customs controls. In this respect, the question arises as to whether Rosneft Germany enjoys special treatment here. In addition, the customs directorate’s instruction to allow imports to pass through unchecked apparently contradicts its own risk analysis.
According to information from NDR, WDR and SZ, customs are said to have actually tried to control Rosneft’s business in the context of imports. Rosneft is said to have then contacted the Ministry of Economic Affairs in Brandenburg. And this in turn contacted the Federal Ministry of Finance in Berlin to inform “about the risk of a possible supply gap at the PCK,” as a spokesman confirmed. A short time later, the General Customs Directorate sent its letter. Customs is subordinate to the Ministry of Finance.
General Customs Directorate contradicts
When asked, all actors remained tight-lipped. The General Customs Directorate stated that it disagrees with the claim that “the BMF has instructed customs not to check suspected sanctions violations”, but rather that it is consistently investigating “actual indications” of sanctions violations.
A spokesman for the Federal Ministry of Finance reiterated this point and generally pointed out that customs also checks “in simplified registration procedures (…) to the extent necessary in a risk-oriented manner”. He left unanswered whether the Customs Directorate was acting on instructions from the Ministry of Finance. Rosneft did not comment on the matter.
CDU politician calls for transparency
The entire process causes astonishment, and not just at customs. It is now up to the Federal Ministry of Finance to create transparency on the question of “whether there was a request to refrain from taking the necessary scrutiny during imports,” says Matthias Hauer, who sits on the Bundestag’s finance committee for the CDU.
It is clear that new ways are always being found to circumvent the Russia sanctions. “That is precisely why it is crucial not to let up in enforcing the sanctions and to reliably monitor compliance with them.” And that would also apply to oil imports via the Druzhba pipeline.
Anna-Maija Mertens from the non-governmental organization Transparency International said there was “ample evidence that Kazakhstan plays a role in evading sanctions.” Against this background, oil imports from Kazakhstan should be examined closely.