back to article Feds collar suspected sanctions-busting Russian smugglers of US tech

Three Russian nationals were arrested in New York yesterday on charges of moving electronics components worth millions to sanctioned entities in Russia, pieces of which were later recovered on battlefields in Ukraine. Nikolay Goltsev, a Russian-Tajikistani dual citizen residing in Brooklyn, along with Salimdzhon Nasriddinov …

  1. Anonymous Coward
    Anonymous Coward

    At least they were caught?

    Call me dumb (ok don't) but I feel like sanctions are basically just a bit of a warning - like speed limits - that you are expected to adhere to and when you don't, you wait to get caught. It would be good to see something explaining sanctions are supposed to work when they're announced - whether it's actively or passively enforced. I'm genuinely curious

    1. sanmigueelbeer

      Re: At least they were caught?

      I feel like sanctions are basically just a bit of a warning

      Very much. It is like announcing "XYZ fined Gazillion by ABC for <VIOLATION>". Without enforcement, it is NATO (No Action, Talk Only).

      What counts most is the enforcement of said sanction(s) or penalty.

    2. Jellied Eel Silver badge

      Re: At least they were caught?

      Call me dumb (ok don't) but I feel like sanctions are basically just a bit of a warning - like speed limits - that you are expected to adhere to and when you don't, you wait to get caught.

      In theory, it's all relatively straightforward, along with legislation like Export Control Reform Act. There are lists of things that require export approvals, such as small thermonuclear devices, or just a very long list of chemicals, components and constructions that might be naughty. Then there are lists of countries and entities that you either can't export those things to, or need a licence before you can export them. Then there are additional challenges, ie the UK may permit export of a widget, but if the widget's made in the US, or contains tech on the US export control lists, then the US might prosecute you even if the UK permits export of that type of good or service.

      There can be minfields, even in stuff like building global networks or VPNs, like selling, supplying or supporting a VPN with connections in sanctioned countries can get you, or your execs in a lot of trouble. Especially if they're Americans. Good news boss! We've sold a global VPN! Boss.. why are you awaiting extradition?

      Then there's the sanction busting stuff like this. So suppose I want to sell stuff to Iran. It's sanctioned, so potentially worth a nice premium. So I set up an LLC in say the US, another in say, Cyprus. Then I export widgets to Cyprus. Then I have someone there slap a new shipping lable on it and send it to Iran, or Kuwait, Iraq or some other country where it's legal to ship it to, but also has established less-legal shipping arrangements into Iran. Cyprus has always been a popular hub for these kinds of shenanigans, as ironically has been Odessa. Or other countries who's customs officers might be amenable to unofficial expedited shipping arrangements.

      Then for LEA's, it's trying to track down where stuff actually ends up after being exported and re-exported a few times, and then trying to prosecute them.

      1. I ain't Spartacus Gold badge
        Happy

        Re: At least they were caught?

        unofficial expedited shipping arrangements.

        Aha! A new irregular verb.

        I make unofficial expedited shipping arrangements.

        you take back-handers.

        he takes bribes.

        The Yes Prime Minister original of that joke being, I give confidential press briefings, you leak, he has been charged under section 2a of the Official Secrets Act.

    3. I ain't Spartacus Gold badge

      Re: At least they were caught?

      It would be good to see something explaining sanctions are supposed to work when they're announced - whether it's actively or passively enforced. I'm genuinely curious

      I ain't no expert. But there's all sorts of different sanctions regimes - and different levels of effectiveness.

      Take sanctions on Iran's nuclear program. They were always UN led. Approved by the Security Council. But of limited effectiveness. Because Iran's neighbours mostly carried on trading with them. You don't need the whole world onside to make sanctions really effective - but if you can get the country's neighbours on board as well - it's a lot easier. As most trade (at least usually) is between countries that are close together. Even then though, it's bloody easy to smuggle across long land borders. Also there's often no penalty for breaking UN sanctions. Even if you're Russia and voted on the Security Council to sanction North Korea - when you're desperate for artillery ammo in Ukraine what are you gonna do?

      However - still most of the oil industry is Western dominated. That means lots of the equipment and the spare parts comes from countries that do tend to, at least try, to enforce UN sanctions. So although Iran's trade didn't suffer as much, their oil industry did get hit hard - and of course that generates lots of their trade and government revenues. Oil sanctions have also had an impact on Russia for similar reasons. They still have a large oil industry, but they struggle to replace equipment and get the yields from their oil fields that they should do.

      The the US Treasury Department started looking at more effective sanctions about 20 years ago. They worked out that almost all of the world's financial institutions operate in dollars at least some of the time. And if you want to trade in, or borrow, dollars - you're going to need to talk to big banks. And so this gave the US the power to have very effective secondary sanctions. Even if the UN, or their allies in Europe wouldn't agree - they could still put out quite effective sanctions. If you trade with certain Iranian banks, then we won't allow our banks and financial institutions to trade with you. Thus you have a choice, trade in the US fiancial markets or trade with Iran. As a bank that's a no-brainer. You're making far more cash in New York, than doing a couple of deals for clients in Iran - so you simply drop all that trade. So when Trump pulled out of the Iran nuclear deal, the EU were in a right old mess because they wanted to keep it going, but were too rubbish to organise a way for European financial institutions to carry on trade with Iran without suffereing secondary sanctions from the US. Well the UK and EU did -they created a clearing exchange to effectively make barter possible for Iranian trading - no money so no banks - but it didn't really take off. The German state of Mecklenburg-Vorpommern did also create a charitable organisation as a front for work on the Nordstream pipeline to get round US secondary sanctions. As otherwise they couldn't get a company to certify they pipe, as they couldn't pay them, and the state premier bet that Trump wouldn't directly sanction the German government, which he didn't. Plus she got some nice extra Russian government money to spend on local projects as part of it - so easier re-election too.

      The same has been true on sanctions for Russia, though even more effective as the EU, UK, Japan, Korea, Taiwan and Australia and Canada joined in. So the G7 and the EU is a big old chunk of the world economy - and an even bigger chunk of the global financial services market.

      However, there are limits. Trade with China is so important to some countries that it would be a serious dilemma as to whether to comply with US financial sanctions or to find ways to get round them. But if China invades Taiwan, I think there's a good chance that the Ukraine coalition might get back together, so the EU, G7, Australia and South Korea.

      Finally it's relatively easy to stop big arms exports. But dual-use stuff is harder. Though Russia's T90 tanks are equipped with French night vision systems - a bunch of which it turns out were shipped after the EU arms embargo in 2014. Germany apparently also shipped a few hundred million of weapons to Russia that the excuse is was ordered before the embargo when they first invaded Ukraine. But mainly that's easy. Communications gear can be military or civilian. As can many other things.

      RUSI did a report into a Russian Kalibr cruise missile that crashed in Ukraine. I think they found 50-odd electronic components sourced from countries with arms embargoes since 2014. Things like accelerometers on a chip and other miniaturised stuff for the guidance system. But they only make six a month, so how hard is it to buy these kind of components in lots of a few hundred for a "drone project" or something?

      Much easier to embargo spares for their Airbus and Boeing commercial jets, oil industry or big stuff like that with highly regulated supply chains.

      1. I ain't Spartacus Gold badge
        Happy

        Re: At least they were caught?

        Replying to self, as I forgot a point I meant to say.

        Financial sanctions can be interestingly powerful. I already find it amusing that our Russian and Chinese friends are pushing the whole BRICS movement - as if that wasn't a quick grouping of countries to invest in used as a marketing slogan by a London hedge-fund manager.

        And yet they just had a BRICS summit in South Africa! Which Putin couldn't even attend, because the South African government signed up to the ICC - and even though tey didn't want to, their courts told them they'd have to action the arrest warrant on Putin.

        And the funny thing is, the BRICS development bank is now unable to finance any projects in Russia. Because it's an international financial institution which basically borrows on the world market to invest in projects its member governments approve - obviously with a float of their own money as well. But it can't borrow on the world market and do business in Russia - or at least it could, but then it would only be able to borrow from non-Western sources. And even the big Chinese banks would be worried about getting shut out of the Chinese market. So oopsie! Curse the evil Western imperialist democratic running-dogs! But can we borrow your money?

      2. martinusher Silver badge

        Re: At least they were caught?

        Sanctions are a very effective tool until you over use them. This is what the US has done. It also assumes that 'we' have all the technology and 'they' don't. With the oil industry this works for countries like Venezuela that don't have a equipment manufacturing sector but it won't work for countries like Russia. Russia has significant manufacturing and materials expertise and all the sanctions did was re-balance the build/buy calculus. Remember, Nord Stream 2 was sanctioned originally to stop it being built and then completed, including threatening the contractors and banks involved with penalties. All this did was delay its completion while the necessary resources from outside the sanctions regime were put in place. We eventually had to resort to blowing the thing up to stop it -- we (that's the US) needed that market for natural gas -- "Molecules of Freedom" as one legislator put it (!) -- and we were going to get it come what may.

        China's another example of entity lists and sanctions backfiring. Sure, it will slow them down a bit but all it will do in the long term is deny our companies a significant market and needlessly provide them with a formidable competitor.

        Even the dollar isn't immune. We've used "the financial system" as a weapon so countries now realize how vulnerable they are and are taking steps to find alternatives. (Usually it wouldn't be worth the effort and expenses to "de-dollar" but thanks to our over enthusiastic application of this weapon we've provided them with a powerful incentive.) Obviously change won't happen overnight, but there are signs that its happening and when change happens it will be permanent.

        1. I ain't Spartacus Gold badge

          Re: At least they were caught?

          "We" didn't blow up Nordstream. Or at least who did is still unknown. I could believe the reports that it might have been some Ukranian special forces on a little Polish yacht, even though the depth meant they'd have to use a 2 gas mix and the yacht was too small for support equipment. They're in an existential conflict with Russia, so risking a few casualties is fine. But it would have been a bit pointless, given gas flows had already stopped.

          Sanctions failed against it because they were half-hearted. It's not easy to sanction a supposed ally. Even when that ally is betraying you - and all its other allies. As Germany did. But given the pipeline was heavily criticised by the EU Commission, the French, the British all of Trump, Obama and Biden - and very loudly by most Eastern European countries - it's amazing how there wasn't the political will to stop it by financial means - but you are certain one of them were happy to just blow the thing up.

          Lots of Russian ships were also in the area, often with their AIS transponders turned off. Blowing up Nordstream didn't seem to make much sense for any of the parties involved. But the government that's been making all the irrational, nonsensical decision of late is Putin's. So I'll take that as a working hypothesis, while awaiting actual evidence.

          As for over-using sanctions, the world is still as dollarised as it's been for decades. So there's not much sign of it now. Russia and India have started trading in Rupees for example. But Russia doesn't buy enough from India to use them - so it's trying to find other ways to sell its oil to India. In reverse the Chinese would also like to trade with Russia outside the dollar system - but China don't want to be left with a bunch of Roubles they've no use for. Because the trade surplus is in the other direction. So they need a liquid, freely convertible, third currency to operate in. The Chinese Yuan isn't freely convertible, China still have currency controls. So that leaves the Yen, the Dollar, the Euro or the Pound - as the major international currencies to use. Unless you can create a sort of clearing system where Russia gives its Rupees to Iran in exchange for drones, and then maybe Iran might have a use for them?

          Basically where it's at in the global financial system is still London, New York and then everywhere else. Can China supplant that - or at least replicate it? Well maybe. But China doesn't have the rule of law. Its courts aren't as capricious as Russia's - but even Chinese elites don't trust their own government and make sure they've got assets abroad. So why would foreigners? The Chinese have also done extremely well out of the Western financial system and globalisation. They might not like the results for their own economy of trying to destroy it. And so might find they're stuck with it.

          Maybe we're watching a massive shift in the global balance of power. Maybe not. History is full of predictions about the future that turned out to be wrong. But being angry that you don't get to do whatever you want and get to benefit from the global economic system at the same time, is still quite a poor basis for a massive military and economic alliance. Also remember India are in the BRICS system, and yet have been fighting low-grade border skirmishes with China for the last five years and are currently desperately increasing their weapons spending in response to China's massive military build-up. How are they natural economic allies? India are currently playing both sides, but may find that their best interests are to align with the US, Japan, Australia - an organisation called the Quad that they're already a member of. Possibly with South Korea to join soon. Russia are rapidly becoming an economic minnow, and South Africa are no longer a golden economic prospect. Perhaps they can tempt the Saudis on board? But Russia and China are quite closely aligned with Iran - who are in a vicious Cold War with Saudi Arabia - a war that sometimes gets rather hot. My enemy's enemy might also be my enemy too...

        2. Cav Bronze badge

          Re: At least they were caught?

          "but it won't work for countries like Russia"

          So, the tech being transferred from the US to Russia was Russian made...? Did you read the article?

      3. sanmigueelbeer

        Re: At least they were caught?

        Much easier to embargo spares for their Airbus and Boeing commercial jets, oil industry or big stuff like that with highly regulated supply chains.

        (Not trying to nit-pick.)

        Not as easy as what everyone thinks. When the US announced an embargo for Airbus & Boeing spare parts, they (the West said in a news conference), the embargo will cause air travel within Russia to grind to a halt in 6 months time. 12 months later Airbus and Boeing jets are still flying inside Russia.

        The Russians admitted themselves that the embargo was really a problem at the beginning. But they managed to find supply chains where businesses were "out of reach" from Western purview. The parts were being flown to Turkey, Dubai, China, Hong Kong, Tajikistan, etc., before being re-shipped to their final destination.

        Small time spare parts suppliers, manufacturers and refurbishers always use, "I sold this part to Dowey, Cheatem & Howe Aviation, Ltd but we did not know it will wind up in Russia." excuse. Ignorance, I remembered from my Law 101 course, is not an excuse from the law.

        The Russian commercial air transport is one of the best examples of how embargoes, sanctions, fines and penalties do not work if enforcement is left out from the plan.

        1. Jellied Eel Silver badge

          Re: At least they were caught?

          The Russian commercial air transport is one of the best examples of how embargoes, sanctions, fines and penalties do not work if enforcement is left out from the plan.

          See also-

          https://www.aerotime.aero/articles/russia-new-ilyushin-maiden-flight

          A newly designed stretched Russian Ilyushin Il-96-400M jumbo jet has taken off for its maiden flight.

          Russia was making commercial & military aircraft during the depths of the Cold War, and will carry on making them. AFAIK we could still sanction and limit their usefulness given internation airworthiness certifications that might limit them from some airspace and routes. Plus if Russia's copying parts, lawfare could end up with aircraft being arrested if they land in the wrong place.

          Small time spare parts suppliers, manufacturers and refurbishers always use, "I sold this part to Dowey, Cheatem & Howe Aviation, Ltd but we did not know it will wind up in Russia." excuse. Ignorance, I remembered from my Law 101 course, is not an excuse from the law.

          I think it can be sometimes. Or more specifically, proving intent. If you can show you did due diligence and complied with all trade regs, how could you possibly have suspected the goods were then onward shipped by a company you got your mate to set up a few months previously? I remember a case in the UK where a chap was arrested for exporting batteries. Seems a bit harsh, but then I dug a little deeper and discovered the batteries were rather specialised and originally designed for use in a missile system. Not being a lawyer, it suprised me the case dragged on for so long, but the defence seemed to rely on ignorance. Me, if I'd been in a similar position and asked to supply those batteries, I would have done what I did.. Quick websearch on that battery model followed by a 'Thank you for your request, but I'm afraid I must decline'.. Then probably reporting it.

        2. I ain't Spartacus Gold badge

          Re: At least they were caught?

          sanmiguelbeer,

          As the military saying goes, "the enemy also gets a say."

          Sanctions aren't an off-switch. Except with extremely regulated supply-chains like the defence industry. And not even always there. Some sanctions may stop the target completely. But in most cases you're making a statement, making life awkward, imposing extra costs, and trying to give you opponent an incentive to change their behaviour.

          So there was a story on here a few months ago about Russia buying in some embargoed chips from China for weapons. As in emabargoed by the West, not by China. But in a lot of cases China is at least partially complying with weapons sanctions in order to avoid us going the next step and imposing secondary sanctions on them. I imagine there's been a lot of negotiation on this that's not become public. Anyway the Russians got lots of chips from China that could be used for guidance and control systems in missiles, but they had to pay extra, got Chinese-made stuff that would require a re-design, not the original Western stuff they were using. Worst of all, they got the stuff from the bottom of the parts bin, and probably the QA/recycling bin as well. They were getting 70-90% failure rates.

          So I'm sure they can get parts for their planes. But they might get the stuff that's fallen off the back of a lorry, or been repaired and recycled. It will be interesting to see if they start getting regular crashes, due to using uncertified spares. I'm going to go out on a limb and guess that the late un-lamented Mr Prigozhin's recent crash was probably from a different, less accidental, cause.

          As to Jellied Eel's point below about how Russia has an aircraft industry, so sanctions are a help to them. Well if they were so great how come all the Russian airlines are flying Boeing and Airbus? I'm no aviation expert, but my understanding is that there are only a few engine suppliers that can give you the best fuel-economy with the lowest maintenance rates. And those are GE, Pratt & Whitney and Rolls Royce. And that's why they completely dominate the world commercial jet market. Airlines obviously care hugely about their fuel costs. And that's why the Russian airlines bought Western planes. So if Russia do switch to their own aircraft suppliers - then again, we've imposed costs on them.

          Sadly I don't think Putin's invasion of Ukraine was a wholly rational decision. And so sanctions will have little to no effect on persuading him to stop. He's a dictator, so doesn't have to care if his people get poorer either. So apart from being symbolic the main use of sanctions is to make Russia poorer, so it's got less cash to spend on killing Ukrainians. But I suspect it's also had a powerful effect on the Chinese leadership. Xi has publicly said that his forces should be ready to invade Taiwan by 2027. Not that this is neccessarily the plan - but they should have the capability. But as with Putin, when a guy tells you he's about to do something, and wants to do something, maybe you should consider believing him. And deterrence is a whole lot better than fighting.

          1. I ain't Spartacus Gold badge

            Just one more thing

            One thing to add is oil sanctions. We've not got global agreement on stopping people buying Russian oil and gas. So Russia's exports have held up. But again, we've increased their costs. India and China are reportedly buying Russian oil at 20-30% discounts off market price. Also Russia isn't able to use Western tanker fleets - and is having to send its oil furthe than usual. So that's another extra cost they're having to pay out. I think oil and gas revenues provide something like half of the Russian government budget. So again, every Rouble they don't get, they can't spend on attacking Ukraine.

            1. Jellied Eel Silver badge

              Re: Just one more thing

              One thing to add is oil sanctions. We've not got global agreement on stopping people buying Russian oil and gas. So Russia's exports have held up. But again, we've increased their costs. India and China are reportedly buying Russian oil at 20-30% discounts off market price. Also Russia isn't able to use Western tanker fleets - and is having to send its oil furthe than usual.

              Trouble is not every county abides by the sanctions, so Russia is still exporting most of it's production. So instead of oil being $60bbl, it's now $80bbl, and of course gas has gone up even higher. Because we're dependent on oil & gas still as a result of our 'renewables' policy, the self-imposed sanctions have just had the effect of punishing the Western economies who are steadily de-industrialising due to higher energy costs. It's benefited US oil & gas producers though, who previously had export terminals, but no customers due to the higher cost of shipping US products to Europe. And it looks like that's set to get worse given the US seems determined to bomb Iran and Syria. At least Sunak's had the sense to look at increasing UK oil & gas production to try and regain some energy independence.

          2. Jellied Eel Silver badge

            Re: At least they were caught?

            Anyway the Russians got lots of chips from China that could be used for guidance and control systems in missiles, but they had to pay extra, got Chinese-made stuff that would require a re-design, not the original Western stuff they were using. Worst of all, they got the stuff from the bottom of the parts bin, and probably the QA/recycling bin as well. They were getting 70-90% failure rates.

            Allegedly. The problem with a lot of propaganda is it ends up sounding ridiculous, if you examine the claims closely. For example-

            https://www.reuters.com/investigates/special-report/ukraine-crisis-russia-missiles-chips/

            With a pic of a TI DSP 'dated 1988', from this family-

            https://www.ti.com/product/TMS320C25#features

            So basically a chip that's been around for a very long time, doesn't need the latest fab plant to produce and is effectively obsolete. There was another TI DSP that I had fun with in the early '90s. Was the latest & greatest DSP and I wanted to mess around with some crypto on a dev board. I had to sign an export control licence for that, and TI hasn't produced them for years. Other DSPs are available. So the propaganda assumes Russia didn't stock up as soon as they saw TI's EOL notice, or switch to an alternative, more readily available DSP.. Of which there are many, and Russia can produce in it's own fab plants. Instead we get people like Ursula von der Crazy expecting us to believe Russia's reduced to cannibalising washing machines. Of course the other effect of sanctions is it accelerates the sanctioned to become less reliant on foreign imports, and then also creates new competitors. China's apparently on the way to doing this with EUV lithography so it won't have to rely on buying Dutch imports. Which means when they are successful, the Dutch are going to lose that business.

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