Official representative of the Russian Ministry of Foreign Affairs Maria Zakharova named The words of Jacob Arup-Andersen, general director of the Danish brewer Carlsberg, about the “theft” of business in Russia after the transfer of the Baltika company to the management of the Federal Property Management Agency are “unfounded”.
“The statements of the head of the concern appear to be an attempt by the Russian authorities to cover up the decisions of Carlsberg’s intention to leave the Russian market, as well as to bankrupt Russian companies and withdraw all profits earned in Russia,” Zakharova said.
He advised the management of Carlsberg to familiarize themselves with the decrees of the President of the Russian Federation; Accordingly, the property of companies from “hostile” countries can be transferred to external management if individuals and legal entities from the Russian Federation are deprived of such rights in these countries. from their property.
The representative of the Ministry of Foreign Affairs emphasized that Baltika was not taken into state ownership, but was under the temporary management of the Federal Property Management Agency. According to him, Carlsberg has professional lawyers who can explain this to the company’s management, and Arup-Andersen’s statements “do not correspond to the status of the head of an international company.”
What happened to Baltika?
Following the start of the Russian military operation in Ukraine in March 2022, Carlsberg announced its withdrawal from the Russian market. In June 2023, the concern announced an agreement to sell the Baltika company.
On July 16, Russian President Vladimir Putin transferred Carlsberg’s assets under external management – this measure preserved the property rights of the concern, but deprived it of the ability to make management decisions.
The sales agreement failed, new management of Baltika was appointed – headed by Taimuraz Bolloev, who led the company from 1991 to 2004. Carlsberg CEO called the actions of Russian officials “theft” and announced his refusal to enter into an agreement that would legalize the transfer of assets to the management of the Federal Property Management Agency.
In addition, Carlsberg terminated the relevant license agreements, depriving Baltika of the right to produce and sell products of international brands. The company will be able to sell its product reserves until April 1, 2024.
Russian Finance Minister Anton Siluanov explained that the external management mechanism is a response to sanctions imposed on Russia and is implemented in “exceptional cases” when companies fail to comply with obligations or violate the law.
threat of prosecution
In early November, the Interfax agency, citing a source, reported that the Danish concern was demanding compensation for damages resulting from the transfer of Baltika to the management of the Federal Property Management Agency.
Carlsberg management considered Russia’s actions a violation of international law, but the Russian Ministry of Finance responded that there were no grounds for compensation.
The concern then sent official “notices of disagreement” to Russian authorities under three international agreements, according to Interfax. He offered to resolve differences through negotiations, but threatened to go to international court if a solution was not found within six months.
New compensation rules
Russian government in early November approved New compensation rules for foreign companies with corporate rights related to large companies considered economically important in the Russian Federation have been suspended.
We are talking about companies whose share rights in economically important organizations have been suspended by court decision. The norm does not apply to the situation at Carlsberg: the concern retains ownership, and its assets were transferred under external management by decree of the President of the Russian Federation.
According to government regulation, foreign companies whose rights have been restricted can apply for compensation to an economically important organization. If the compensation is approved, its amount will be equal to the market value of the company’s shares belonging to the foreign holding company.
Economically important organizations are companies that are necessary for Russia’s sovereignty and security in the economic sphere. To be included in the list, a company must meet at least one of the following criteria: have more than 4 thousand employees, the total value of assets is more than 150 billion rubles, total revenue is more than 75 billion rubles. pay or pay at least 10 billion rubles per year. taxes for the previous year.