Burisma

Burisma Holdings Limited was a holding company based in Kyiv, Ukraine, for a group of energy exploration and production companies. It was founded in 2002 and registered in Limassol, Cyprus, until being dissolved in 2023.[3] It was one of the largest private natural gas producers in Ukraine circa 2019.[4] It was owned by Ukrainian oligarch Mykola Zlochevsky through his company Brociti Investments Limited.

Burisma's subsidiaries included Esko-Pivnich, Pari, Persha Ukrainska Naftogazova Kompaniya, Naftogaz Garant, KUB-Gas and Astroinvest-Ukraine.

History

Burisma was founded in 2002.[5] Consolidation of the Burisma Group took place mainly in 2006 and 2007.[6] It became a major shareholder of Sunrise Energy Resources, a Delaware Corporation, which in 2004 acquired Ukrainian companies Esko-Pivnich and Pari, which owned natural gas exploration licences.[7] In 2009, shares in these companies were transferred to Millington Solutions Limited.[7] However, shortly thereafter Millington ceased to exist, at which point Burisma claimed ownership of those two companies.

In 2012, Persha Ukrainska Naftogazova Kompaniya (First Ukrainian Oil and Gas Company, ), Naftogaz Garant (Oil and Gas Guarantee, ), and KrymTopEnergoServis (CrimeaTopEnergoService, ) became a part of the Burisma Group.[8][9][10]

In 2014, Burisma signed a cooperation agreement with KazMunayGas, the national oil and gas company of Kazakhstan.[11] In 2016, Burisma bought two hydraulic fracturing (fracking) fleets. In 2017, it bought a 3,000-horsepower Service King Manufacturing SK 3000 drilling rig for $40 million (USD); it was the most powerful drilling rig in Eastern Europe at the time.[12]

In February 2016, Burisma acquired a 70% stake in KUB-Gas (КУБ-Газ).[13] In 2017, it bought a majority stake in Diloretio Holdings Limited, a company which owned Ukrainian gas companies SystemOilEngineering (г), Naftogazopromyslova geologiya, (Oil and Gas Industrial Geology, ), and Tehnokomservis (TechnoComService, ).[14] Also in 2017, Burisma bought Nadragasvydobuvannya (Subsoil Gas Extraction, )[15] and GasOilInvest (Гасоілінвест).[16]

International expansion

Burisma was one of the founders of the International Forum on Energy Security for the Future and partnered with Electric Marathon, as part of efforts to expand into emerging markets.[17] In April 2019, Burisma acquired Astroinvest Ukraine (Астроінвест-Україна), a formerly British natural gas trading company.[18]

In 2017, Burisma signed a partnership agreement with the Atlantic Council to promote anti-corruption measures.[19][20]

Visibility in American politics

During the 2020 United States presidential election, the re-election campaign of President Donald Trump promoted allegations of corruption focused on the relationship between Burisma and Hunter Biden.[19] The claims were first covered by Breitbart News,[21] and subsequently formed the basis of a campaign by Trump and his political associates to urge the Ukrainian government to initiate an investigation of the younger Biden's role with Burisma, culminating in Trump's impeachment and acquittal.[22] Republicans hoped to use the Burisma allegations to tarnish Joe Biden's 2020 Presidential campaign, but an investigation by the Republican-controlled Senate Homeland Security and Finance Committees shortly before the 2020 presidential election concluded that there was no evidence of improper influence or wrongdoing by Joe Biden.[23]

Operations

Burisma's primary operations were in Ukraine, supplemented by activities in Germany, Mexico, Italy, and Kazakhstan.[24] It held 35 gas production licences in Ukraine in the Dnieper-Donets, Carpathian, and Azov-Kuban Basins.[13][25] Exploration and production activities were carried out at eight sites in five regions.[26] Burisma also provided natural gas well services, including hydraulic fracturing.[24] In 2019, Burisma planned to build a liquefied petroleum gas (LPG) plant in Kharkiv with a capacity of 50,000 tonnes per year.[27]

In 2016, Burisma was the second largest privately owned natural gas producer in Ukraine after DTEK,[28] accounting for 26% of all natural gas produced by privately owned companies and more than 5% of total gas production in Ukraine.[28][29] According to the company, it produced 1.3 e9m3 of natural gas in Ukraine in 2018.[25]

In Kazakhstan, the company provided drilling services to KazMunayGas and its subsidiaries, including at the Urikhtau gas field. In Italy, Burisma developed three geothermal power projects in partnership with Gesto Investimento e Gestão.[30]

Burisma's subsidiary Esko-Pivnich operates in the Kharkiv Oblast, and Pari operates in Western Ukraine (Lviv, Ivano-Frankivsk and Chernivtsi oblasts).[31] KUB-Gas operates in Luhansk Oblast,[13] GasOilInvest in Poltava Oblast,[16] and Nadragasvydobuvannya in Dnipropetrovsk Oblast.[32] Burisma also owned KrymTopEnergoServis, a company which leased three gas deposits in Crimea.[10][31][33] However, after annexation of Crimea by the Russian Federation, KrymTopEnergoServis ceased operation as Burisma subsidiary.[33]

Corporate matters

Ownership

Burisma Holdings was owned by Brociti Investments Limited, a Cyprus-based company owned by Ukrainian former politician and businessman Mykola Zlochevsky. Zlochevsky was minister of natural resources under Viktor Yanukovych, then president of Ukraine.[34] Brociti Investments acquired Burisma Holdings in 2011.[35] Before that acquisition, Mykola Zlochevsky and Mykola Lisin each owned a 50% interest in Burisma Holdings.[7][35] Lisin, a Ukrainian politician, died in a traffic accident in 2011.[36]

In 2012, a study of Burisma done by the Anti-Corruption Action Center revealed that the true owner of Burisma was billionaire-oligarch Ihor Kolomoisky.[35] Kolomoisky held a controlling interest in Burisma.[37][38]

Management

Taras Burdeinyi was the chief executive officer of Burisma Holdings,[2][6] and Alan Apter was chairman of the board of directors.[41] As of 14 October 2019, the members of the board of directors, in order of seniority, are Alan Apter, Aleksander Kwaśniewski, Joseph Cofer Black, Karina Zlochevska, Christina Sofocleous, Riginos Charalampous, and Marina Pericleous.[42][41] Aleksander Kwaśniewski, former president of Poland, joined the board in January 2014.[39][40] In 2017, Joseph Cofer Black, former director of the Counterterrorism Center of the Central Intelligence Agency (1999–2002) in the George W. Bush administration and former Ambassador-at-Large for counter-terrorism (2002–2004), was appointed to the board.[43] Karina Zlochevska, daughter of Mykola Zlochevskiy, was also appointed in February 2016.[42][41]

In April 2014, Devon Archer, a former senior adviser to the John Kerry 2004 presidential campaign, and Hunter Biden, an attorney and the son of then-US vice president Joe Biden, joined the board.[39][44] Archer left the company in 2018[45] and Hunter Biden left in April 2019, when his term as a director expired.[25]

Financial results

Burisma Holdings does not disclose its financial results.[25][24] It has been calculated, based on a minimal natural gas price, that the company's revenue in 2018 may have totaled at least US$400 million.[25]

Investigations

In April 2014, the Serious Fraud Office of the United Kingdom launched a money laundering investigation of Zlochevsky's business activities; as a result, accounts of Burisma Holdings and its parent Brociti Investments at the London branch of BNP Paribas—with US$23 million on deposit—were frozen. That money was transferred as a result of complex transactions by a company controlled by a Ukrainian businessman, Serhiy Kurchenko, who was subject to the European Union restrictive measures, i.e. sanctions.[46] When the Ukrainian prosecutor general's office failed to provide documents needed for the investigation, a British court in January 2015 dropped the case and ordered that the assets be unfrozen. In September 2015, then-U.S. Ambassador to Ukraine Geoffrey Pyatt gave a speech in which he called out Ukrainian prosecutors for failing to cooperate with the investigation.[47]

The Ukrainian prosecutor general's office and the National Anti-Corruption Bureau of Ukraine (NABU) have conducted a total of 15 investigations of Burisma's owner Zlochevsky.[48] In 2016, former Prosecutor General Yuriy Lutsenko accused Burisma subsidiaries of conspiracy and tax evasion of about one billion hryvnias (US$70 million) in 2014–2015, but later, during the investigation(s), subsidiaries of Burisma were not mentioned. A tax audit of Esko-Pivnich by the State Fiscal Service found violations in 2016. As a result, 50 million hryvnias (US$1.9 million) of additional taxes was paid to avoid charges. In total, Burisma paid an additional 180 million hryvnias (US$7.44 million) of taxes to avoid further criminal proceedings.[25][26] A criminal investigation was conducted to determine whether natural resources extraction licenses were legally issued to Burisma subsidiaries during the period Zlochevsky held government office. Although Burisma violations of the procedure were established by NABU, the Specialized Anti-Corruption Prosecutor's Office missed procedural deadlines for a lawsuit and the case for nullifying licenses was dismissed by the court.[49] In October 2019, Prosecutor General Ruslan Riaboshapka announced that all 15 investigation cases will be reviewed.[48]

In January 2024, John Buretta (an American lawyer and former U.S. Deputy Assistant Attorney General, who was one of the key attorneys on Zlochevsky's defense team) retroactively filed a Foreign Agents Registration Act document for work done on behalf of Burisma and Zlochevsky in 2016. According to Buretta's law firm, the decision to file the disclosure 8 years after the fact came "after a discussion with the DOJ."[50]

See also

  • Cyberwarfare by Russia
  • Biden–Ukraine conspiracy theory
  • Trump–Ukraine scandal

References

  1. Hunter Biden advised Joe's office on answering Burisma queries: emails^
  2. Burisma Group Pays Almost UAH 3 Billion In Taxes In 2019 Burisma Group, 22 January 2020, retrieved 2020-03-17^
  3. Business Register, Cyprus Department of Registrar of Companies and Intellectual Property retrieved 2 September 2023^
  4. Lucian Kim. What To Know About The Ukrainian Company At The Heart Of Trump's Biden Allegations NPR, 4 October 2019, retrieved 6 October 2019^
  5. Oliver Bullough. The money machine: how a high-profile corruption investigation fell apart The Guardian, 2017-04-12, retrieved 2019-09-27^
  6. Taras Bourdein. Мы зарабатываем $15-20 на тысяче кубометров газа—Burisma Holdings Delo, 6 November 2014, retrieved 14 October 2019^
  7. Commission File Number 1-11248. Sunrise Energy Resources, Inc. U.S. Securities and Exchange Commission, 2008-12-31, retrieved 2019-10-03^
  8. Burisma Holdings скупает нефтегазовые активы в Украине Ukrrudprom, 2012-11-19, retrieved 2019-10-06^
  9. Компания Burisma Holdings Limited подбила итоги работы TSN, 2013-05-24, retrieved 2019-10-06^
  10. Слияние Burisma Holdings Limited и ПУГК приносит свои плоды TSN, 2013-05-27, retrieved 2019-10-06^
  11. Ukraine's gas company Burisma enters Kazakhstan The Times of Central Asia, 2014-12-22, retrieved 2019-09-27^
  12. Burisma Group deploys most powerful drilling rig in Ukraine World Oil, 2017-09-22, retrieved 2019-10-04^
  13. Burisma acquiring 70% in KUB-Gas for $30 mln Interfax-Ukraine, 2016-02-01, retrieved 2019-09-28^
  14. Burisma Злочевского покупает 3 нефтегазовые компании EnKorr, 2017-05-29, retrieved 2019-10-04^
  15. Rostislav Panko. Николай Злочевский под колесами спецконфискации RBK-Ukraina, 2019-01-23, retrieved 2019-10-15^
  16. Rostislav Panko. Как Николай Злочевский выручил сына Януковича RBK-Ukraina, 2018-02-19, retrieved 2019-10-15^
  17. Mfonobong Nsehe. Ukraine's Burisma Group Looks To Expand Into Africa And Other Emerging Markets Forbes, 2017-08-22, retrieved 2019-10-06^
  18. Микола Злочевський купує британську газову компанію Investory News, 2019-04-19, retrieved 2019-09-28^
  19. Ukraine gas company feels heat of US impeachment probe Financial Times, 29 September 2019, retrieved 6 October 2019^
  20. Burisma Злочевского подписала договор с Atlantic Council TSN, 2017-01-19, retrieved 2019-10-06^
  21. Stephanie Baker, Zachary R. Mider, Daryna Krasnolutska. On Bidens and Ukraine, Wild Claims With Little Basis Washington Post, October 20, 2020, retrieved 30 October 2020^
  22. Aaron Blake. The Bidens, Burisma and impeachment, explained Washington Post, January 27, 2020, retrieved 30 October 2020^
  23. Nicholas Fandos. Republican Inquiry Finds No Evidence of Wrongdoing by Biden New York Times, September 23, 2020, retrieved 30 October 2020^
  24. Jason Corcoran. Burisma and the case for Ukrainian energy independence Petroleum Economist, 2017-08-08, retrieved 2019-09-27^
  25. Pavel Polityuk, Katya Golubkova. Factbox: Burisma, the obscure Ukrainian gas company at the heart of U.S. political row Reuters, 2019-09-24, retrieved 2019-09-27^
  26. Flourishing businesses of Mykola Zlochevskyi – Investigation Anti Corruption Action Centre, 1 March 2017, retrieved 14 October 2019^
  27. Burisma планирует построить установку по производству LPG мощностью 50 тыс. тонн/год Interfax-Ukraine, 2019-05-21, retrieved 2019-10-02^
  28. Ukraine Gas Upstream: Opportunities down the road National Investment Council, 2017, retrieved 2019-10-04^
  29. Taras Nazarenko. Burisma Offers Hope for Ukraine's Energy Independence International Policy Digest, 2017-10-12, retrieved 2019-10-06^
  30. Burisma Chief Executive for Ukrainian Operations Burdeinyi: Our plan for this year to increase gas production to 2 bln cubic meters Interfax-Ukraine, 2016-05-26, retrieved 2019-09-27^
  31. Сын вице-президента США вошел в совет директоров частного газодобытчика в Украине CFTS, 2014-05-12, retrieved 2019-10-06^
  32. Burisma установила контроль над еще одной украинской газодобывающей компанией Neftegaz.RU, 2017-11-02, retrieved 2019-10-15^
  33. Stephen Braun. Ukrainian energy firm hires Biden son as lawyer CFTS, 2014-06-08, retrieved 2019-10-06^
  34. Max Seddon. Biden's Son, Polish Ex-President Quietly Sign On To Ukrainian Gas Company BuzzFeed News, 13 May 2014, retrieved 4 October 2019^
  35. Kings of Ukrainian Gas Anti Corruption Action Centre, 26 August 2012, retrieved 4 October 2019^
  36. Serhiy Shcherbina. Родовища Миколи Злочевського Ekonomichna Pravda, 28 February 2012, retrieved 2019-10-04^
  37. Isabel Vincent, Kathianne Boniello. Businessmen accused of Ukraine money laundering gave millions to NY charities 6 March 2021, retrieved 30 August 2024^
  38. Mollie Hemingway: Rigged: How the Media, Big Tech, and the Democrats Seized Our Elections. Simon & Schuster, 2021.^
  39. Roman Goncharenko. Who are Hunter Biden's Ukrainian bosses? Deutsche Welle, 16 May 2014, retrieved 14 October 2019^
  40. Екс-президент Польщі теж має посаду в нафтогазовому холдингу заступника Клюєва Ukrayinska Pravda, 14 May 2014, retrieved 14 October 2019^
  41. Jan Van der Made. White House memo confirms Trump asked Ukraine to investigate Biden Radio France Internationale, 25 September 2019, retrieved 14 October 2019^
  42. Board of Directors Burisma Holdings, retrieved 14 October 2019^
  43. Toby Nwazor. Former CIA Director Joins Burisma, and It Is Good News HuffPost, 22 February 2017, retrieved 14 October 2019^
  44. Vice President Joe Biden's son joins Ukraine gas company BBC News, 14 May 2014, retrieved 14 October 2019^
  45. David Ignatius. Opinion Washington Post, 2020-10-17, retrieved 2024-08-03^
  46. Approved Judgement. Case No: RSTO/7/2014 [Central Criminal Court, 21 January 2015, retrieved 2020-01-06^
  47. James Risen. Joe Biden, His Son and the Case Against a Ukrainian Oligarch The New York Times, 8 December 2015, retrieved 1 January 2020^
  48. Pavel Polityuk, Maria Tsvetkova. Ukraine to review cases linked to founder of firm that employed Biden's son Reuters, 2019-10-04, retrieved 2019-10-14^
  49. Daria Kaleniuk, Tetiana Shevchuk, Olena Halushka. Anti-Corruption Action Center: Lutsenko's speculation regarding Burisma Kyiv Post, 2019-03-27, retrieved 2019-10-14^
  50. Former Burisma lawyer registers retroactively as foreign lobbyist after Biden investigations retrieved 2024-01-16^