September 17, 2021

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Lawmakers try to reverse NS2 waiver

A group of bipartisan lawmakers is seeking to undo U.S. President Joe Biden’s decision to waive sanctions on the Russian-owned operator of the Nord Stream 2 (NS2) pipeline in a last-ditch effort to stop it from pumping gas to Europe. An amendment introduced on September 14 by Reps. Michael McCaul (R-Texas), Marcy Kaptur (D-Ohio), and about eight other lawmakers orders the president to impose sanctions on any entity responsible for the planning, construction or operation of the NS2 pipeline. It also authorizes new mandatory sanctions to foreign entities and individuals responsible for the planning, construction and operation of NS2. Completed just last week after Mr. Biden waived mandatory congressional sanctions in May, the Baltic Sea pipeline will bring Russian gas directly to Germany, bypassing land routes through Ukraine, Belarus and other countries. However, it must first receive certification, a process that can take several months, holding out hope for some lawmakers that it can be stopped. Critics say NS2 is designed to deprive Ukraine of lucrative transit fees and will further strengthen Russia’s influence over Europe’s energy industry. Ukraine and Poland vehemently oppose the project on the grounds that it is a national security threat, while Germany has steadfastly supported it. The U.S. Congress has sided with Kyiv and Warsaw, imposing two rounds of mandatory sanctions to stop its completion. However, the Biden administration, in an attempt to improve frayed ties with Germany, agreed to waive the sanctions in exchange for commitments from Berlin to invest in Ukraine’s energy industry and push the Kremlin to continue to export some gas through the country. The amendment sponsored by Mr. McCaul and Ms. Kaptur was submitted to defense funding legislation under consideration by the House Rules Committee. The legislation, known as the National Defense Authorization Act (NDAA), has been used the past two years to impose sanctions on NS2, delaying its completion by more than a year. The Rules Committee has a meeting scheduled for September 20 to decide whether to include the NS2 amendment in the NDAA. Lawmakers have the option to defer to the House Foreign Affairs Committee as it did last year when similar legislation was proposed. There is overwhelming bipartisan support in the U.S. House of Representatives for reimposing sanctions. Democrats allied with Mr. Biden hope to stop the amendment from being added to the bill by either committee. (RFE/RL)

 

Russian wanted in Ukraine detained

The Prague City Court has remanded Russian citizen Aleksandr Franchetti, who is wanted by Ukraine on an international arrest warrant, in custody until a decision is made on his possible extradition to Kyiv. Mr. Franchetti, who was detained at Prague’s international airport on September 12, was taken to the Pankrac detention center in the Czech capital after the court handed down its ruling on September 14. Mr. Franchetti is wanted by Ukraine for his alleged involvement in Russia’s 2014 annexation of Ukraine’s Black Sea region of Crimea. His lawyer, Jan Schwartz, immediately appealed the court’s decision. Mr. Franchetti has admitted to being an active participant in the events in Crimea in 2014. Just days before Russia’s military occupation of the region, he created a paramilitary formation called North Wind, which helped seize power lines and gas pipelines. In an interview posted on YouTube, Mr. Franchetti said he acted in coordination with Russia’s naval command at the Crimean port of Sevastopol. According to media reports, Mr. Franchetti was granted permanent residence in the Czech Republic in 2000 and has worked there as a fitness trainer. He says he has never violated international law. (RFE/RL’s Russian Service, with reporting by iDnes and TASS)

 

Ukraine requests Franchetti extradition

Ukraine has confirmed it requested that Czech authorities detain Aleksandr Franchetti, a Russian citizen wanted by Kyiv on an international arrest warrant and is seeking his extradition. Mr. Franchetti, who was detained at Prague’s international airport on September 12, is wanted by Ukraine for his alleged involvement in Russia’s 2014 annexation of Ukraine’s Black Sea region of Crimea. “The detention was the result of coordinated actions of Ukrainian and Czech law enforcement agencies to bring Aleksandr Franchetti to justice for a number of crimes against our state, including the participation in the Russian occupation of Crimea,” Foreign Affairs Ministry spokesman Oleh Nikolenko told RFE/RL’s Ukrainian Service on September 13. The extradition request is reportedly being considered by Czech authorities. Any request would go through the courts before the Czech Justice Ministry makes a decision. Russian Foreign Affairs Ministry spokeswoman Maria Zakharova said Moscow had requested detailed information from the Czech government regarding the reasons for Mr. Franchetti’s detention. On September 12, the chief of Russia’s Investigative Committee said he had ordered an investigation into Mr. Fran­chetti’s detention. “Due to the unacceptability of the misuse of international legal mechanisms aimed at politically motivated prosecutions, the chairman of the Investigative Committee of the Russian Federation ordered the chief of the directorate for legal issues and international cooperation … to thoroughly study, in cooperation with the Foreign [Affairs] Ministry of Russia, the reasons and legal grounds of the Russian citizen’s detainment on the territory of a foreign country,” the Investigative Committee said in a statement. A spokesman for the Russian Embassy in Prague, Nikolai Bryakin, said on September 13 that Mr. Franchetti received a diplomatic visit in custody. Mr. Franchetti was an active participant in the events in Crimea in 2014. Just days before Russia’s military occupation of the region, Mr. Franchetti created a paramilitary formation called North Wind, which helped seize power lines and gas pipelines. In an interview posted on YouTube, Mr. Franchetti said he acted in coordination with Russia’s naval command at the Crimean port of Sevastopol. Aleksandr Molokhov, a spokesman for the Russian occupation authorities in Crimea, also confirmed Mr. Franchetti’s arrest, claiming that he faced “certain death” at the hands of the Ukrainians. Mr. Molokhov did not specify why he had reason to fear for Mr. Franchetti’s life. According to media reports, Mr. Franchetti was granted permanent residence in the Czech Republic in 2000 and has worked there as a fitness trainer. He says he has never violated international law. In her September 13 statement, the Russian Foreign Affairs Ministry spokeswoman, Ms. Zakharova, also said that Moscow had warned the Czechs that the continuation of what she called “Prague’s destructive policy regarding Russia and its citizens will lead to the further deterioration” of bilateral relations and would not go without a response. Relations between Prague and Moscow soured considerably following Czech accusations in April that Russia was involved in a deadly arms-depot blast on Czech territory in 2014. Two Czech citizens were killed in the blast, which Prague said was aimed at destroying munitions that had been sold to Ukraine. The ensuing diplomatic row led to the tit-for-tat expulsion of diplomats and the Russian government declaring the Czech Republic an “unfriendly” state. (RFE/RL’s Russian and Ukrainian Services, with reporting by iDnes, Denik N, TASS, and Interfax)

 

Ukraine expects second IMF tranche

Ukrainian Prime Minister Denys Shmyhal has said Kyiv expects to receive a second tranche from the International Monetary Fund (IMF) under a $5 billion loan program before the end of the year, even as the nation’s crucial judicial reform stumbles. An IMF mission will arrive in Kyiv on September 18 to evaluate Ukraine’s progress on several key reforms, including judicial, central bank and anti-corruption legislation, that the loans are contingent upon. The IMF last year approved the 18-month loan to help the country deal with the economic impact of the COVID-19 pandemic. Ukraine received its first tranche totaling $2.1 billion in June and is seeking a second tranche of $750 million. “Ukraine has fulfilled all the conditions, met all the benchmarks that were underlined in the memorandum with the IMF,” Mr. Shmyhal said. “We expect this mission will go smoothly, which will be the final one in preparation for the next tranche.” Ukraine’s parliament in July passed judicial reform, which has been a top priority for the nation’s Western backers because it is seen as essential to enhancing the rule of law and curbing corruption. The reform calls for the creation of two panels consisting of six experts each, including three foreigners, who will oversee the two bodies responsible for selecting and choosing candidates for judicial vacancies. Ukraine’s judiciary has opposed the reform, saying the inclusion of foreign experts in the process comprises the nation’s sovereignty and is seeking to overturn it in the Constitutional Court. Civil society activists say outside experts are necessary because the nation’s judicial system is deeply corrupt and incapable of reforming itself, pointing to past failures to rid itself of compromised judges. International business associations say Ukraine’s corrupt judiciary is a major hinderance to foreign investment. Ukraine’s judicial reform took a step forward when the country’s Western backers on September 10 selected its three candidates for each of the two panels. However, Ukraine’s Council of Judges on September 13 announced that it had failed to select experts for one of the two panels, sparking accusations it was seeking to undermine the reform. “They are buying their time to bring the appeal to the Constitutional Court with the hope of canceling the reform,” Tetiana Shevchuk, legal counsel for the Kyiv-based Anti-Corruption Action Center, told RFE/RL. Following the council’s decision, Ukrainian President Volodymyr Zelenskyy called for a meeting on September 16 – two days before the IMF mission arrives – with representatives of the judiciary and parliament as well as ambassadors from the Group of Seven (G-7) nations who back the reform agenda. The president said the purpose of the meeting is to prevent the legislation from being derailed. “Every illegal action aimed at blocking judicial reform will be immediately evaluated and rebuffed. I will not allow judges who hamper the reform and the cleanup of the judicial system to deprive the Ukrainians of the right to justice,” Mr. Zelenskyy said on September 13. Mr. Zelenskyy touted the passage of judicial legislation during his first official visit to Washington earlier this month as he sought to dismiss concerns about his nation’s commitment to the tough reform agenda. Ms. Shevchuk said judicial reform is one of Mr. Zelenskyy’s “main achievements” during his two years in office and that he has to “show ownership” of the process to resolve the situation. “Hopefully this meeting will be enough to persuade the judges to move ahead with the reform,” she said. (RFE/RL, with reporting by the Kyiv Post)

 

Bulgarian fugitive arrested in Kyiv

A Bulgarian fugitive wanted in several European countries on money-laundering and drug-trafficking charges has been arrested in Kyiv after years on the run. The Bulgarian Foreign Affairs Ministry confirmed on September 10 that Ukrainian authorities had captured former wrestler Evelin Banev. Ukraine’s National Police on September 7 announced it had arrested a man wanted on an Interpol notice but did not disclose his identity. Mr. Banev was captured in a parking lot as he walked toward his car, according to a police video posted to YouTube. Bulgaria said it is working on extraditing Mr. Banev to Sofia. The 56-year-old was facing trials in three countries for money laundering and drug trafficking when he was last seen in public at a hearing in the Sofia Court of Appeals in September 2015. Mr. Banev had been detained in Bulgaria in 2012 and handed over to Italian authorities for a trial in Milan. In Bucharest, Romanian authorities were also requesting his extradition on similar charges. Then Italy allowed Mr. Banev to return temporarily to Sofia in 2015 in order to attend his Bulgarian trial. That’s when he disappeared, apparently fleeing and going into hiding before the authorities could return him to Italy or extradite him to Romania. He has since been sentenced in absentia by an Italian court to 20 years in prison, by a Romanian court to 10 and a half years and more recently by a Bulgarian court, all for money-laundering or cocaine-smuggling offenses. More recently, Swiss prosecutors in December indicted Mr. Banev along with Credit Suisse and one of the Swiss bank’s former employees for allegedly helping to launder about $39 million of drug money through the bank. (RFE/RL’s Bulgarian Service)

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