Australia lands in Chinese soup
By Sreeram Chaulia
The arrest by the Shanghai State Security Bureau of Stern Hu,
the head of iron-ore operations in China for the Australian
mining giant Rio Tinto, has shocked the business world and
thrown the government of Prime Minister Kevin Rudd into a
diplomatic crisis. Hu, an Australian citizen of Chinese
descent, has been detained along with three Chinese
employees of Rio's iron-ore sales team on charges of bribery
and "stealing state secrets", and is potentially liable to a
sentence of life imprisonment.
That local Chinese intelligence agencies could carry out
such bold action against personnel of one of the world's big
multinational corporations has sent shivers down the spines
of the large contingent of expatriate businesspeople
resident in China. Questions are being raised as to why the
Shanghai sleuths resorted to such unusually stern measures
when all that Hu and his Chinese colleagues may have done
was to try and secure some classified information to aid
their price negotiations on iron-ore exports.
Those who are outraged by the arrests assert that
attempting to find out the bottom-line price of the Chinese
side for the year's iron imports from Australia, even
through underhanded means, is a standard business tactic
that many corporations resort to. For defenders of Hu, as
Rio's senior salesman in China, he may have simply wanted
inside data in order to clinch a better price for his
company's exports to Chinese steel mills. It was not a
capital crime, they assert, but a standard ploy to counter
China's hardball bargaining.
Although South Korea and Japan agreed to import iron ore at
a discount rate of 33% less than last year's price, China
has been holding out with the demand for a reduction of up
to 45%. China holds the aces in this haggling game because
it is the world's largest importer of iron ore and accounts
for nearly 80% of Australia's exports of the raw material.
Rio and BHP-Billiton are the two companies that dominate
Australia's iron-ore exports and hence most vulnerable to
the Chinese virtual "monopsony" (sole buyer) position.
The Rudd government's muted reaction to Hu's detention is a
reflection of this Australian dependence on the large
Chinese market. While China's list of iron-ore exporters is
diversified, Australia cannot quickly find new importers for
its crucial
foreign-exchange earner during the global
economic downturn. That no hot air is coming from Canberra
is a definite sign that China holds all the aces (as well as
probably solid evidence against Hu).
There may be deeper reasons behind Hu's arrest besides Rio's
alleged bribery of Chinese companies. One line popular in
Australia is that the move is crude payback for Rio's
scrapping of a US$19.5 billion share-purchase bid by the
Chinese state-owned metals corporation, Chinalco.
Instead of accepting the Chinese
equity bid, Rio raised fresh capital of
$21 billion through a joint venture with fellow Australian
iron-ore producer, BHP. Nationalistic portrayals of
Chinalco's bid as economic encroachment by China on one of
Australia's beloved icons proved popular among Australia's
public and political brass and helped to end Chinese hopes
of making a stellar global acquisition. The arrest of Hu is
being attributed by some to sour grapes on the part of
Chinalco and its higher-level bosses in the Chinese
government.
Although Chinalco is denying any hand in the detentions, the
proposed Rio-BHP joint venture has come under fire from
senior Chinese state officials. In June, China's Ministry of
Industry decried the Australian combine as having "an
obvious color of monopoly, likely to have a big impact on
the Chinese steel industry". It warned that China would seek
"new policies and regulations" to strengthen Chinese
companies' hands in iron-ore price talks with Australian
suppliers. The revelation that Hu was allegedly bribing
Chinese companies exactly at this juncture could have irked
Beijing (and Shanghai party officials) and driven them to a
strong response.
As Hu remains in detention without legal representation,
criticism is mounting that China's definition of "state
secrets" and prosecution of accused are arbitrary and devoid
of due process. Legal experts conjecture that Hu could be
confined for up to 10 months without a lawyer and then
coerced into making a confession.
Hu's case bears a striking parallel to the conviction in May
2009 in a Moscow court of two American citizens of Russian
origin on charges of commercial espionage against the
state-owned energy major, Gazprom. Ilya and Alexander
Zaslavsky were arrested in March 2008 at the height of the
tussle over ownership of TNK-BP, the Russian-British energy
concern. One of the brothers was employed with TNK-BP and
accused by Russian intelligence of attempting to bribe
Gazprom employees to gain confidential information that
would give foreign gas companies an advantage over Russian
ones. The Zaslavsky brothers, now sentenced for one year
imprisonment, were possibly victims of the Kremlin's drive
to consolidate control over Russia's vast hydrocarbon
deposits and shoo away foreign multinationals from this
sector.
Allegations had flown thick and fast during the drawn-out
political battle between BP and the Alfa Group of
shareholders (Russian oligarchs considered close to the
Kremlin). The British chief executive of TNK-BP was accused
by the Alfa Group of violating Russian laws, and BP hit back
by insisting that "this is a return to corporate raiding
activities". What is instructive from the TNK-BP imbroglio
for the Rio-China fracas now is that the accused CEO was
expelled from Russia and his replacement was installed by
the Russian oligarch
shareholders. It was a decisive shift in
power in favor of the Kremlin.
If the Russian state stamped its authority through
strong-arm methods against BP, China has an equally strong
position for Rio and the Australian government to contend
with. Multinational corporations with the size and deep
pockets of BP and Rio practically rule their domains in
poorer and less politically centralized countries, but they
can be bent against their will by dogged and powerful states
like Russia or China. Arresting an American or Australian
citizen might be suicidal for a small Asian, African or
Latin American state, but is a potent message of "don't mess
with us" coming from Moscow or Beijing.
Hu's arrest has shaken the confidence of foreign
investors in China, but it is unlikely to
dent their desire to continue doing business with and in the
country. China often leverages the size of its market
(immortalized by Fareed Zakaria, editor of Newsweek, as "2
billion armpits to deodorize") and vigilant state apparatus
to extract the best terms from foreign multinational
corporations and governments. Hu's incarceration is a rude
awakening for Rudd's government to the reality that China
calls the shots in most bilateral relationships these days.
Sreeram Chaulia is associate professor of world
politics at the Jindal Global Law School in Sonipat, India.
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