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Don’t Expect Sanctions to Stop Nord Stream II

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Republican Senator Ted Cruz has become the principal Sisyphus-like character to take over the task of rolling the boulder of sanctions against Nord Stream II. The last four years have seen tumultuous U.S. sanctioning efforts against the project and have epitomized an outdated, stale, and dangerous policy against the Russian Federation that should be re-prioritized and established alongside American principles and level-headed recommendations. This current policy of the passé will not change overnight, however, a sober, self-reflective examination of the failed sanctioning efforts on the part of U.S. policymakers could lead to one less thorn in the side of the Russo-American relationship. As the project nears completion, European and American critics of it have attempted to wield a Russian domestic issue, the alleged poisoning of opposition politician Alexey Navalny, as a pressure tool to stop it. With Denmark recently granting permission to continue laying the pipeline using pipe-laying vessels with anchors along the southeast coast of Bornholm, this disheartened push may now prove too weak.

It’s Time to Let Go

When former U.S. Vice President Joe Biden first voiced his disapproval of the Nord Stream II pipeline and called it a “bad deal” for Europe in 2016, it was to be expected that the weight of his utterance would have the power to transform into a discernible political reality sooner rather than later in the halls of U.S. Congress. Especially in light of America’s perspective LNG aspirations hoping to meet Europe’s growing import needs. This would not come in the form of recurring strong-worded messages or initiating a new wave of tit-for-tat expulsion of diplomats but by way of economic sanctions. After all, this has long been the U.S. go-to.” When it comes to Russian pipelines, U.S. efforts to derail them since the 1960s, the time of the construction of the Druzhba (Friendship) pipeline, have largely seen a string of failure. Sanctions have also more generally become, as Hunter Cawood aptly frames it, “a mythology that has persisted and lived on in spite of failure after failure”. Hopes of finding an exception to this convention did not begin with a flying start.

It’s time to let go…because of an incoherent strategy, appearing in a historical context of failure, signals peril.

Round One: Shaky First Steps

This new task of sanctioning the NS2 project appeared not as a unilateral and relatively clear-cut scenario as had been the case of sanctions vis-à-vis, for example, Iran, where its effects could do minimal damage to the robust transatlantic relationship with the EU. Overarchingly, the principal argument and qualms from the side of the U.S. was the claim of its detrimental impact on the EU’s energy security and, as a shared concern with various EU countries spearheaded by Poland, the “threat to EU unity”. As we shall discover, U.S. justifications for sanctioning NS2 would zig-zag around different lines of reasoning but would frequently come back to this notion of Russia’s malign influence. NS2, more interestingly, became a scenario where entanglements of linking the target of sanctions with a particular cause could become awkward in light of any signs of ambiguity or lack of clarity. German Chancellor Angela Merkel, from her part, was clear in this regard: this was an economic project, first and foremost, that required no extra mandate from the EU. To disagree on this principle, as the U.S. would do from the onset by likening it to that of a “weapon”, would become the root of the disagreement.

In August 2017, this is precisely what occurred when the subsequent Trump administration dealt the first real blow by targeting foreign investments into Russian export pipelines and against energy companies which owned 33% shares or more. This arose in light of the multi-faceted bill called the Countering America’s Adversaries Through Sanctions Act (CAATSA). Receiving praise in Congress, President Trump did not share the same optimism about the bill and called it “seriously flawed”, namely due to its encroachment on the executive branch’s authority to negotiate. In such a move, the issue was that major European companies involved, including Austria’s OMV, were left in limbo about realistically being able to finance the project. It would spark debate in Europe and evoked serious questions about the legal implications of the sanctions bill itself and the role of the U.S. in European affairs; Germany and Austria jointly called it an “unacceptable intervention” in the EU’s energy sector. This initial European reaction would ultimately reach the Department of State that went on to clarify and water down their effects the following October — the project effectively gained immunity from the capital restrictions. It appeared that NS2 could steamroll ahead for now, however, the first fissures in the relationship with Europe had materialized over it.

It’s time to let go…because the sanctions damage the transatlantic relationship with the EU.

This begs the question: what did sanctions achieve in round one? Deriving from a historical context where the efficacy of sanctions rests on a measly success rate of around 4%, a coherent approach could, once again, not be identified. Apart from the initial uncertainty, the effects of the first round of watered-down sanctions did not require any kind of major adjustments from the side of the partners involved and Germany could effectively grant permission for the project’s construction in its territorial waters in January the following year. There were, nevertheless, a few caveats. The sanctions did serve as an attempt to scare off Russia’s European partners and Gazprom did issue a warning to its investors that the sanctions had the possibility of delaying the project. They would also hamper efforts to raise money with an added risk premium demanded by stakeholders.

The initial steps, moreover, appeared to have a principal strategic intention in mind from the part of the U.S. — a type of “CNN Effect”: signaling for greater awareness and visibility of the alleged detrimental impact of NS2, stimulating the desire of American and European policymakers to respond to this perceived threat and opening up another front of pressure against Russia. While, concurrently, evaluating options for the future that would still require intensive lobbying, identifying and acting upon the right legal mechanisms, and providing a strong argument to wary Exclusive Economic Zone (EEZ) nations like Finland, Sweden, and Denmark to put an end to the pipeline. What the U.S. seemed unready for was Gazprom’s hefty lobbying activities on U.S. soil, spending $1 million to shield the pipeline from the sanctions and ensuring that American legislators were “correctly informed about the project”/ At this stage the sanctions had developed into a nuisance at most, however, this initial round sounded the alarm for European and Russian stakeholders that future pressure was to be expected.

It’s time to let go…because they are treated as a nuisance rather than effective policy.

Round Two: Not So Easy, EEZ

In early 2018, it was Poland that assumed re-energized attempts of pushing for additional U.S. sanctions against the project and called U.S. efforts surrounding a new bill, not covering NS2, as “ambiguous and unsatisfactory” for the Polish side. Once again, clarity and concreteness from the U.S. could not be identified in the response. On April 12, despite this renewed talk of sanctions, Finland granted a full set of permits for its construction in its EEZ, the second country to do so after Germany. Sweden followed suit on June 7. However, if Poland wanted another chance for the project’s complete shutdown, they would just have to wait another few months when they were presented with a golden opportunity right at the height of Russiagate following the Trump-Putin Helsinki Summit on July 16. This time Republican Senators John Barrasso and Cory Gardner introduced a bill, which through Section 232 of CAATSA, would be used to “identify and sanction U.S. and foreign entities supporting or expanding Gazprom’s near-monopolist role in providing energy to U.S. allies.” For President Trump, it was an opportunity to slam his fist down on allegations of “bowing down to Putin” at the Summit. The geopolitical theatre now served another domestic purpose. All things considered; this new round was deemed the one — it was the “kill-switch” that its advocates hoped would terminate the project for good. John Barrasso, the chief architect of the bill, had simply had enough of, what he called, “Europe’s addiction to Russian gas”.

It was not to be. Regardless of the buzz surrounding this bill in U.S. Congress, Germany and the companies involved in the project expressed the same position as they had done previously by emphasizing its lucrative economic gains for the European continent. However, ambiguous positions had now started to appear within the U.S. government itself with Trump admitting that Germany had the right to participate in the project just days after the Helsinki Summit, even though he had labeled Germany a “captive” of Russia before the NATO Summit just weeks before. Nevertheless, Nord Stream II gained enough confidence to begin construction in German waters despite not yet having found the last piece of the legal puzzle — Denmark. The year would finish with the intrigue of the Nordic country still not giving the go-ahead after proposed changes to the country’s laws even threatening to block the project back in April. Further U.S. threats took the year to a close.

With Barrasso’s bill and the unanimous efforts by U.S. policymakers, the sanctions now had further backing domestically, although questions about their potency were now a concern upon the realization of the steadfastness of the EEZ countries. Three out of four of them were, until that point, not swayed by U.S. pressure. To put an end to the project would not solely be in the hands of the U.S.

It’s time to let go…because key variables are beyond U.S. control.

Round Three: Loopholes, The Deciding Factor?

If the U.S. had hoped that 2019 would be the year for the project’s shutdown, such wishful thinking would see a reality check early on. In February, Nord Stream II scored a partial victory that was handed to it by the EU itself in the form of a new deal governing import gas pipelines. The catch was not in the deal itself, which was aimed at ensuring that the principles of EU energy legislation apply to all gas pipelines to and from third countries, but in the loopholes that were created because of it. The intrigue of Denmark had become relevant again and its threats to block the project would now seemingly not matter as the Danish regulatory authority would be denied a decisive say. It would now practically be in the hands of German regulators. However, while it initially seemed favorable to NS2, the pipeline project company would launch a notice of the dispute to the EU as it claimed it was in breach of the Energy Charter Treaty and discriminated against the project, which resulted in successive failed agreements over the next few months. NS2 and the partners involved were determined to put up a fight wherever it arrived.

In May, the leadership of Nord Stream II signaled that it was so confident in the project’s completion that it did not even need a “Plan B” against the sanctions. It was also this month that saw further justification efforts from the side of the U.S. for ramping up their implementation, and it would involve Russia’s neighbor to the West – Ukraine. Due to the diversion of gas around the country made possible by the project, major U.S. statements about its plans for further sanctions tend to surround official visits to the country. The U.S. Energy Secretary at the time, Rick Perry, during the inauguration of President Vladimir Zelensky, was firm in his assessment that the pipeline will be used to “split eastern European nations away from those of central and western Europe.”

The split was very real but not what Rick Perry had in mind. The Visegrád Group, initially solid in opposing the project and creating a united front against it in the European Commission, had seen a divergence of opinion from 2016 when the project was in its early stages and before the wave of successive Russian lobbying efforts. Czechia, Hungary, and Slovakia have diverted or hushed up their positions about the project for various reasons and it had now become, as some describe, an “imaginary unity” against it. Out of these four countries, only Poland has maintained a persistent position.

It’s time to let go…because old partners have moved on, losing interest in rallying against it.

In October and November, NS2 scored two major victories. One, by claiming victory in Denmark when the country finally approved the construction of the pipeline in the waters that are part of its economic zone. Two, Germany’s parliament effectively allowing the project to “skirt European rules that forbid one entity from the being both the producer and the supplier of natural gas.” The nervous U.S. response came in the form of a U.S. Energy Department official stating that “The United States will examine all tools at its disposal regarding the project.” One of these tools would arrive in December.

On the 21st, Donald Trump signed a new package of sanctions, part of the National Defense Authorization Act (NDAA) for 2020, that were labeled by the U.S. Ambassador to Germany, Richard Grenell, as being “pro-European.” The problem was that Europe, now as clear as ever, had started to see it in a very different light with the German finance minister, Olaf Scholz, reiterating Germany’s position by calling it a “serious interference in German and European affairs.” Most alarmingly, moreover, was not the European reaction to this round but the Trump administration had now shown a major sign that was the culmination of this failed years-long effort to see its demise. Two anonymous Senior U.S. Administration officials admitted, in a rare concession, that this move was too late to have any effect.

Despite these statements, this new round did complicate the situation for the project with the main contractor of the pipeline, Swiss group Allseas, suspending its operations in light of their announcement. The language of the NDAA targeted “vessels that engaged in pipe-laying at depths of 100 feet or more below sea level for the construction of the Nord Stream 2 pipeline project.” As such, the project would have to find alternative contractors and vessels for the remainder of it. To date, it can be regarded as the most convincing move in this chronicle of sanctioning efforts. A nuisance, financially and temporally, but far from project-terminating. Despite this setback, the next year would require something extraordinary in a last attempt to derail the project completely. Could the U.S. find another one of these tools? It was the eleventh hour and the project was 90% complete.

It’s time to let go…because, after four years, the U.S. has come to the realization: it’s too late.

Round Four: The Present

In light of the situation with Allseas and the suspension of the work of contractors, the year began with Russia’s announcement that the country would seek to complete the pipeline without the assistance of these foreign companies. It would simply need a pipe-laying vessel equipped with a dynamic positioning system, additional organizational work, and a permit from Denmark on the use of pipe-laying vessels with an anchor, which would seek to expand on their ability to complete it on their own. The vessel, the Akademik Cherskiy, would be found, but it was months away on the other side of the world docked at Russia’s Pacific port of Nakhodka. It was acquired in 2016 as part of a contingency plan should European companies drop out of the project. The issue, however, was that it had no relevant experience conducting such large-scale work and would need months to complete it, delaying the expected completion time to the end of 2020 or even the first quarter of 2021.

In February, Donald Trump’s top energy official, Dan Brouillette, dismissed any talk of delay and put forth the most confident U.S. stance on the project yet: the project will not be completed. Citing Russia’s “absence of technology,” Brouillette was adamant that the current phase was too difficult for Russia to get out of. Especially as a bipartisan group of U.S. Senators, spearheaded by Ted Cruz, was preparing the next round of sanctions that made one question what even there was left to target. It would become known in June that the bill would expand on the scope of the sanctions enacted in December and extend beyond vessel-owners; it would target insurance, tethering-facilities, equipment, and other firms having any involvement in the project. It has been hailed as a “super-sanctions” bill. Another case of being the one. Russia’s immediate response was in direct contrast to Brouillette: nothing will stop it from being built. As the chronology reaches the present, three major events have occurred in July and August.

The first being Denmark’s green light allowing for less technologically advanced ships to continue laying the pipeline off the coast of Bornholm, which would potentially negate the impact of the sanctions. The need for such an allowance relates to the toxic warfare substances left at the bottom of the Baltic Sea after WWII and thus, because of Denmark’s obligations to the Law on the Continental Shelf and under the United Nations Convention on the Law of the Sea (UNCLOS), a permit was needed for pipe-laying vessels with an anchor as these carry a greater element of risk. Russia has one such vessel — the Fortuna. This move expands Gazprom’s freedom of choice in vessels for finalizing the construction as these are not affected by the sanctions.

The second, the U.S. House of Representatives passing the NDAA amendment of sanctions, which would still need to be approved by the Senate and the President before becoming law. As the opposing sides claim victory with these events, the war of words has ramped up with the U.S. Secretary of State, Mike Pompeo, threatening the companies involved and telling them to “Get out, or risk the consequences.” On the other side, the harshest response has come from the German Eastern Business Association (OAOEV) that has, for the first time, started planning for retaliatory measures and the German Defense Minister, Annegret Kramp-Karrenbauer, calling the latest move as running afoul of international law. In August, a letter was additionally sent by three U.S. senators to the operator of Mukran port, threatening “crushing legal and economic sanctions” if it continues its support for the project, which was harshly responded to by German policymakers. This has, undoubtedly, galvanized a scene of tension as both parties look towards an uncertain future of the transatlantic partnership.

The third, a domestic issue concerning Russian opposition blogger and activist, Alexey Navalny — German allegations of his poisoning with a Novichok-class nerve agent during his journey from Tomsk to Moscow. It would’ve seemed far-fetched to assume that an internal matter of the Russian Federation would uproot calls to cancel an unrelated project from the side of European and American policymakers, but the year is 2020 and anything can be used as leverage. Merkel was immediately bombarded with pressure to scrap it, but her cabinet has been adamant in their assessment that its completion should not depend on the case of Navalny.

It’s time to let go…because it is the right opportunity to save face concerning international law.

Forecast: Observations and Russian Counteractions

160 kilometers remain. A Danish green light. A new round awaiting approval by the Senate and President. Backlash from Europe. An American election. An alleged poisoning. These are the current circumstances of a project that has seen a cliff-hanger of a journey that is ready for its grand finale. As we approach it, several observations can be made about what to expect considering this complex reality and what Russia’s availabilities are for effective counteraction.

Nord Stream II Will be Completed Despite a Delay

It has become clear that, due to the amount of time and resources invested in the project and being this close to the finish line, Russia is going to seek to complete it regardless if the new round of sanctions pulls through, be it alone or with the assistance of its European partners. The Danish green light has facilitated this move significantly, however, it is up to the latter to decide on whether to prioritize these deemed lucrative economic gains through making this process even smoother by standing firm and actively counteracting the ongoing sanctioning efforts. Bolstered EU efforts would be an advantage, pragmatically and symbolically.

As Germany grows increasingly displeased with the sanctions and business entities already considering the pursuit of retaliatory measures, it is likely that it will do so. Nevertheless, a delay is expected due to the technological lag of the Akademik Cherskiy and because of the sanctions in December of last year, as has been admitted by the Russian President. This is without factoring in the consequences of the new round that could create a further temporary cessation of activities. The added issue of using the case of Navalny as leverage and as a pressure tool with the intention to scrap it should also be expected from the side of both European and U.S. policymakers. Germany has given mixed signals in this regard, suggesting that it should not be used as a factor in the completion of the pipeline, but has recently pressured Moscow to cooperate in the investigation for the country not to “force it to rethink the project.” Regardless, further debate and pressure from this angle can be forecasted.

For Russia, such an effort to complete it continues to be necessary, not only due to the prospective economic gains but as yet another way to reiterate Russia’s rejection of unilateralism in international politics. Should Russia succeed, it would further its reputation of maintaining resilience in the face of the long-standing reality of U.S. sanctions and would allow the country to continue the tradition of being a reliable supplier of natural gas to Europe. Anthony Scaramucci, the former White House Director of Communications, described such resilience already in 2017: “I think the sanctions had in some ways an opposite effect because of Russian culture. I think the Russians would eat snow if they had to survive.” Furthermore, it would exemplify the failure of current U.S. policy vis-à-vis Russia that would bring it one step closer to realizing that a novel approach is needed.

It’s time to let go…because Russian resilience will allow for the project’s completion, no matter the cost.

Further Damage to the Transatlantic Relationship

Since the initial fissures first perceived in 2017, the deterioration of relations between the U.S. and the EU has been apparent in connection with the project. If the new round passes both the Senate and President, it is to be expected that Europe will respond with more than just words of disappointment. The effects of this years-long tiptoeing around Europe’s reaction to the sanctions are likely to surmount further this year; Germany is now weighing in on countersanctions and so is its wider business community. If these are applied, the ball would be in the American court to respond as it sees appropriate, which will likely become yet another source of contention.

If the EU continues to be ignored in its requests to discuss the issue as allies and U.S. unilateralism continues, the latter may damage its perceived role on the European continent. As the EU expresses its intention to pursue a path of sovereignty and freedom of choice in international trade, by impeding and dictating this want, it treats the former as under-valued and incapable of discerning what is in their best interest. It does not show signs of a healthy alliance or relationship. Should Europe succumb to this pressure, as a matter of principle concerning its multilateral agreements with the U.S., it will set a precedent of continued interference and would demonstrate a complete lack of sovereignty.

For Russia, this entails another scenario of strongly condemning this new round of sanctions as it has done throughout by shattering the link of being a political, rather than an economic, project. Europe, for the most part, is aware of this distinction, however, the focus should be on American policymakers, conveying this message through all possible channels.

U.S. Election Unlikely to Have an Impact on Project Completion

November 3 is fast approaching, and the American domestic situation remains tense and unpredictable. The two front-runners, Donald Trump and Joe Biden, would be welcomed in attempts to settle the issue of sanctions against the project. However, judging by their previous actions, the former evidently having more to judge from, it is unlikely that Election Day will radically transform the overarching U.S. position vis-à-vis the project.

Joe Biden’s critical remarks from the onset as Vice President, right before Trump’s election, demonstrate that the Democratic Party would’ve likely pursued, at least, a similar path. This is more notably evidenced by the mostly bipartisan support of the bills introduced in this years-long process, which is a rare occurrence in the present polarized climate. What is different this time is that Joe Biden is running for President and has been escalating a hostile campaign against Russia in the process. Whether this will convert into a more unbending and obstinate stance on the issue of NS2 can be drawn upon his vital role and previous history of convincing Europe to institute a sanctions regime against Russia — a likely scenario of continuation.

In the event of a Trump re-election, we can simply extrapolate the administration’s actions over these last four years. That is unless Trump can use his second term to pursue the improved Russo-American relations he initially had pursued with Russiagate now losing its appeal. With this freedom to maneuver, dropping sanctions against NS2 can potentially be used as a bargaining chip.

For Russia, the crux of the issue lies in the bipartisan support for the sanctions. Russia should adhere to its current strategic plans and not rely on a favorable outcome in the election for their removal. Even so, the election period itself is unlikely to bring any sharp-pointed tools with the potential to terminate the project, as the result in November will occur at a time when Nord Stream II is projected to be completed. It will be too late, and a “kill-switch” can, therefore, only be found in the actions of the present, which are currently en route to the Senate.

An ideal scenario would entail a tripartite summit involving Russia, USA, and Europe to find a solution to the issue — a push towards an entente. Given the current complexity of affairs, however, it would require a strong willingness from all parties involved, a willingness that has been absent from the American side.

From our partner RIAC

Policy Analyst at The Russian Public Affairs Committee (Ru-PAC). His work is focused on Russo-American relations, the Eurasian space and with a long-term goal of building better relations between Russia and his country of birth, Sweden

Energy

East Mediterranean Gas Forum and Turkish expansion

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Image source: Greek Environment and Energy Ministry

The East Mediterranean Gas Forum (EMGF) is a unique regional organization in the eastern Mediterranean region. The establishment of the organization was announced when Turkey was seeking to expand in the Mediterranean region, as well as some eastern Mediterranean countries, such as Libya. Libya’s national security is an integral part of Egypt’s national security. In 2020, President Al-Sisi stated that: “Sirte and al-Jafra are a red line.” It is worth noting that Egypt has played an essential role in achieving a ceasefire in Libya. Egypt does not seek to interfere in Libya’s internal affairs but seeks to preserve its national security. Egypt supports the negotiations under the auspices of the United Nations and calls on all the disputing parties in Libya to negotiate and end the dispute in Libya in order to restore Libya’s stability and security. Turkish expansion in the Mediterranean causes concern to both Cyprus and Greece, as Turkey is drilling for gas near the Greek island of Crete, which has led to an escalation of tension between Turkey, Cyprus, and Greece. That led to the international community’s intervention to support Greece against the Turkish expansion, France pledged military aid to Greece, and Germany called on all parties to calm the conflict over gas in the Mediterranean. Turkey began the exploration process in 2019, and Turkey sees that it has many natural resources in the eastern Mediterranean and seeks to exploit it. However, there is still a problem of demarcating borders between Turkey and some eastern Mediterranean countries, which made the exploration process illegal. The demarcation of the borders between Libya and Turkey has led to the intensity of the conflict between Turkey and Greece. It is possible to say that Turkey did so in response to establishing the East Mediterranean Forum.

The East Mediterranean Forum is a regional organization, which includes six countries: Egypt, Greece, Cyprus, Jordan, Italy, and Israel. Its headquarters are located in Cairo, the capital of Egypt. The East Mediterranean Gas Forum organization was a forum. This forum was co-founded by Egypt, Jordan, Greece, Cyprus, Palestine, and Israel. The international community welcomed the idea of the forum. France requested to join the forum, and the United States of America attended the forum meeting as an international observer. Although Palestine is one of the founders of the East Mediterranean Gas Forum in 2019, it didn’t sign the protocol of the organization. Palestinian News and Information Agency reported that Palestine did not participate in the signing ceremony. And as a co-founding country of the forum, it will not retreat from the membership of any international organization that affirms its national and sovereign rights. The transformation of the Gas Forum into an international organization is an important and historic step in the region. It allows the countries of the region to cooperate in the eastern Mediterranean region. It’s worth mentioning that the eastern Mediterranean region includes nine countries, Egypt, Cyprus, Greece, Lebanon, Palestine, Syria, Libya, Turkey, and Israel. And now only four countries from eastern Mediterranean region joined the organization.

The forum is an economic and political organization, which its primary goal is the economic exploitation of natural gas and the interest in strengthening cooperation and developing dialogue between the states of the organization; in addition to that, the organization works to protect the wealth of its members in the eastern Mediterranean region against Turkish expansion and it also puts an end to Turkey’s illegal drilling activities in the region. As we can see, the organization attempts to reshape the balance of power in the region. Although the clear objectives of the organization, there are many challenges face it, including challenges related to the organization as an institution, such as the mechanisms of the institution, decision-making, conflict resolution, and protection of the region’s gas wealth. In addition to that, border problems between some organization members and other countries, such as the problem of borders between Palestine and Israel and the dispute over the demarcation of the maritime borders between Lebanon and Israel.

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Pakistan’s water-and-energy crisis

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The Indus Water Treaty talks between India and Pakistan had been in limbo since India abrogated special status  (Article 370) of the occupied Kashmir and usurped  hereditary rights(Article 35-A) of its permanent citizens. Following peace on the line of control, the two countries, water commissioners of the two countries held a meeting in March 2021 (though supposed to be held in 2019) to resolve outstanding issues. The main focus was on Pakistan’s objections to design of Indian hydropower projects on the Chenab River. India is building the 1,000 MW Pakal Dul Hydro Electric Project on river Marusudar, a tributary of the Chenab. The project is located in Kishtwar district of Jammu & Kashmir. The second project, Lower Kalnai, is being developed on the Chenab River.

The meeting was delayed because of India’s pugnacious attitude (surgical strikes, cartographic aggression on Kashmir, etc.).

The Indus Waters Treaty is a water-sharing treaty between India and Pakistan, facilitated by the World Bank, to use the water available in the Indus River and its tributaries. The treaty allocated the waters of the western rivers that are the Indus, Jhelum, and Chenab to Pakistan and those of the eastern rivers, namely the Ravi, Beas, and Sutlej, to India. According to provisions of the Indus Waters Treaty, all the waters of the Eastern Rivers (Sutlej, Beas, and Ravi), amounting to around 33 million acre feet (MAF) annually, is allocated to India for unrestricted use and the waters of the Western rivers (Indus, Jhelum, and Chenab) amounting to around 135 MAF annually largely to Pakistan. Under the treaty, India has been given the right to generate hydroelectricity through run-of-the-river projects on the western rivers, subject to specific criteria for design and operation.

The treaty also envisaged funding and building of dams, link canals, barrages, and tube wells like the Tarbela Dam on the Indus River and the Mangla Dam on the Jhelum River.

Since time immemorial, the Indus-river system has been used for irrigation in undivided India. However modern irrigation- engineering work was initiated dating 1850s during the British rule. The treaty was necessitated by partition of India into the dominions of India and Pakistan in 1947.

The fruition of the treaty is attributed to David Lilienthal, former head of both the Tennessee Valley Authority and the U.S. Atomic Energy Commission.

After six years of talks, Indian Prime Minister Jawaharlal Nehru and Pakistani President Mohammad Ayub Khan signed the Indus Waters Treaty in September 1960. The Indus-water treaty required the creation of a Permanent Indus Commission, with a commissioner from each country, to resolve e any difference of opinion on architecture, design, and other aspects of the dams that the two countries may build on the allocated rivers. Aside from bellicose statements to scrap the treaty, the Indus treaty remained intact though the two countries fought many wars.

In 2017, India completed the building of the Kishanganga dam in occupied Kashmir and continued work on the Ratle hydroelectric power station on the Chenab River despite Pakistan’s objections.

In post-Ayub era, Pakistan was not able to make progress on making new dams particularly the Kalabagh Dam. The construction of the dam was delayed owing to frivolous objections raised by the three provinces that are Sindh, Balochistan and Khyber Pakhtunkhwa.

Instead of trying to evolve consensus on the vital water projects, Pakistan’s politicians remained engrossed in pettifoggery or machinations to pull down whichever government happened to be in power. 

Necessity of the Kalabagh Dam

This project was approved by the Technical Committee on Water Resources during 2003-2005. However, the feasibility report has not been implemented for over 15 years.  Now three of the four provinces (excluding the Punjab) are at daggers drawn over it. The fact however remains that the inter-provincial committee was composed of eight technical experts, two from each province.

The Committee also looked into all aspects including the effect of dilution of seawater with fresh water, seawater intrusion into the groundwater, riverine irrigation, and forests fisheries (Pala fish, shrimp, kharif and rabi cultivation), besides growth of Mangrove forests. The project had already been  approved by the World Bank Indus Special Study Group in its report titled Development of Water and Power Resources of Pakistan: A Sectoral Analysis (1967). The estimated cost, then, was US$6.12 billion, over six years from 1977 to 1982.

After commissioning of Tarbela Dam in 1976, the dam could have been built in six years by 1982. The cost per unit of 12 billion units, the KBD hydel electricity was Rs1.5 as compared to Rs16.5 per unit from thermal sources.

The dam was to serve as a receptacle to store monsoon flows of the upper reaches of the mighty Indus.

Our power shortage then was 4000-5000 MW. The estimated cost of constructing the dam was US$6.12 billion, over six years from 1977 to 1982. After commissioning of Tarbela Dam in 1976, the dam could have been built in six years by 1982. The cost per unit of 12 billion units the hydel electricity was Rs.1.5 as compared to Rs. 16.5 per unit from thermal sources. We are losing Rs. 180 billion per year due to ten time costlier production (12billion xRs.15 billion). Add to it loss of US$ 6.12 billion per annum from due to the superfluous flow of 30 million Acre Feet at of water from Kotri Barrage into the Arabian Sea (one MAF valued at US$1-1.5 billion).

Our water resources reserves have not risen pari passu with growth in population, 32.4 million in 1948 to 154.6 million in 2005, and 207.8 million in 2017. In  kharif season, rivers flow at 84 percent while only 40 percent during the rabi season. The present water storage capacity in Pakistan is hardly 11.77million acres per feet (MAF) that is about only eight percent of the annual flow.

Factors of water crisis

Three provincial assemblies resolved against building the KBD. A politician alleged the dam would convert Sind into a desert. Apprehensions against the dam could be allayed by reviewing Water Apportionment Accord (as directed by Lahore High Court also vide its Order dated November 29, 2012, case no. WP 8777). No justification to kill the goose that lays the golden eggs.

Losses due to delay

The losses due to the delays in the project have soared up to Rs180 billion a year due to its 10-time costlier construction (1990 estimate).  Added to it is the loss of $6.12 billion per annum due to superfluous flow of 30 million acre feet of water from Kotri Barrage into the Arabian Sea. In mangrove season, rivers flow at 84 per cent while only at 40 per cent during Rabi season. The present water storage capacity in Pakistan is hardly 11.77MAF that is only about eight per cent of the annual flow.

Legislative assemblies of three of our provinces, barring the Punjab province, have been bitterly opposing construction of the Kala Bagh Dam. Are they justified? To answer the question we have to look into various aspects of the construction of the dam, particularly feasibility and repercussions of constructing the dam. After enactment of the Eighteenth amendment, building of dams is now a provincial subject. The fact however remains that water security is more a national subject than a provincial one.

Debate about pros and cons

 The construction of Kalabagh dam is predicted to supply over 4 million acre-feet additional water to Sindh. While explaining benefits of Kalabagh Dam, WAPDA engineer Shamsul Mulk stated that China would be generating around 30,000 megawatts of electricity from dams. “Even India has more than 4,000 dams,” he said. “We lose billions due to the non-construction of dams.”

Concluding remarks

The opposition to the Kalabagh Dam is whimsical rooted in political rhetoric. According to the United Nations’ forecast, water scarcity would be Pakistan’s greatest problem in current century.

The country has been in the grip of a severe energy crisis for several years. No one even talks about Kalabagh Dam. Towards the end of the 1980s, Pakistan met 70 percent of its energy needs from hydel (hydroelectric) power and 30 percent from thermal energy. By 2012-13, Pakistan became dependent on thermal energy generated from costly furnace oil and diesel by up to 44 percent, with the remaining 56 percent being generated from other, mainly thermal, sources. This change had a cascading effect on prices and the consumers’ bills skyrocketed.

Hydel energy remains largely neglected, despite its low production cost. Many public sector electricity generation plants have outlived their utility. Without cheaper electricity, circular debt will continue to mount. Circular debt, accumulated in the power sector, is a handy excuse for the energy crisis. This debt piles up when downstream customers fail to pay their bills to upstream suppliers (or producers) in time. Who are the defaulters? They include not only ordinary citizens, but also the provinces, the public sector, influential corporations and powerful individuals (including political tycoons). To continue supplying power, the thermal producer has to borrow (and later pay interest charges and repay the contracted loan) and find alternative financial sources, unless the government makes the bounteous payment. The solution is simple: power distribution companies should promptly pay their dues to the generation companies.

However, circular debt is only the tip of the iceberg. There are many other factors blighting the energy scenario. The government needs to evolve a policy in which the power sector is prioritized.

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Energy

Rosatom Empowering Africa

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After the first Russia-Africa summit held in Sochi, authorities have been moving to build on this new chapter of Russia‘s relations with African countries. As set in the joint declaration, the two sides have outlined comprehensive goals and tasks for the further development of Russia-Africa cooperation in significant areas including science and technology.

Business interest in Africa is steadily increasing and Russian companies, among them Rosatom, are ready to work with African partners. It is largely acknowledged that energy (construction and repair of power generation facilities as well as in peaceful nuclear energy and the use of renewable energy sources) is an important area of the economic cooperation between Russia and Africa.

Ryan Collyer is the Regional Vice-President of Rosatom for Sub-Saharan Africa, and his key responsibilities include overseeing, implementing and managing all Russian nuclear projects in Sub-Sahara African region. In this insightful and wide-ranging interview with Kester Kenn Klomegah early April 2021, Ryan Collyer discusses efforts toward providing nuclear power, training of nuclear specialists, the main challenges and the future plans for Africa.

Here are the interview excerpts:

Even before the first Russia-Africa summit held in October 2019, several African countries have shown a keen interest in building nuclear power plants. What is the current situation (overview) moving from mere interest to realizing concrete results in Africa?

It is important to note that nuclear is not new to Africa and Africa is not new to nuclear. South Africa has successfully operated Safari 1 research reactor for over 55 years and Koeberg nuclear power plant for over three decades. At one point, South Africa was the second-largest exporter of the life-saving medical isotope, Molybdenum 99, in the world. There are also currently research reactors in the Democratic Republic of Congo, Nigeria, and Ghana.

Another source is the cooperation with the International Atomic Energy Agency. Thanks to that, many countries like Benin, Ethiopia, South Africa, Tanzania, Zambia, and others benefit from modern nuclear technologies applications in healthcare and agriculture. In Zambia, a cancer disease hospital received much-needed support, and now over 20,000 patients have been diagnosed and treated at the hospital. Benin’s soybean farmers could triple their income using the benefits of nuclear irradiation. In Tanzania, its island of Zanzibar became tsetse-free thanks to the Sterile Insect Technique (SIT).

Many other African countries are already working on joining the atomic club in one form or another, whether it be the construction of a Nuclear Power Plant or a research reactor or the development of nuclear infrastructure or the training of professional personnel. In this undertaking, Russia is a trusted partner for many. We have signed intergovernmental agreements in the peaceful use of atomic energy with Algeria (2014), Ghana (2015), Egypt (2015), Ethiopia (2019), Republic of Congo (2019), Nigeria (2012, 2016), Rwanda (2018), South Africa (2004), Sudan (2017), Tunisia (2016), Uganda (2019) and Zambia (2016). Memoranda of Understanding (MOUs) were signed with Kenya in 2016 and Morocco in 2017. 

How would you estimate the potential nuclear energy requirements in Africa? How is that compared to other alternative power sources such as solar and hydro-power?

Today, 600 million people in sub-Saharan Africa (one-out-of-two people) do not have access to electricity. Any significant change is not forthcoming, according to the International Energy Agency (IEA). Estimations show that 530 million people (one-out-of-three people) will remain without electricity in 2030. As GDP growth and urbanization in Africa escalate, the power demand will increase exponentially. Today the electricity demand in Africa is 700 terawatt-hours (TWh), with the North African economies and South Africa accounting for over 70% of the total.

According to the IEA estimate scenarios, by 2040, the electricity demand will more than double in the Stated Policies Scenario to over 1600 TWh. It may reach 2300 TWh in the Africa Case Scenario. It is undeniable that Africa needs vast amounts of sustainable energy to transform societies, grow economies, and reduce the global carbon footprint.

No single source of electricity can provide these amounts and considerably lower greenhouse emissions. A healthy mix of several intermittent and base load options can satisfy these criteria and allow for the economy and society’s prosperity. The top-5 performers in the Energy Trilemma Index by World Energy Council have a combination of both nuclear and renewable resources to balance all three dimensions: equity, security, and environmental sustainability, thus enabling their prosperity and competitiveness. For example, Switzerland has over 30% nuclear, Sweden roughly 40% nuclear, Finland – 18%, and France – over 70% nuclear.

Apart from energy poverty, nuclear can solve other continent problems, from low industrialization to advances in science, healthcare, and agriculture, thus propelling the continent towards the African Union’s Agenda 2063 Master plan, which envisions Africa’s transformation into the global powerhouse of the future. So, we are advocating a diverse energy mix that utilizes all available resources, including renewables and nuclear, to ensure climate resilience and environmental safety, social equity, and supply security.

Can you discuss concretely about the planned nuclear projects in South Africa, Zambia and Egypt? Say why these have still not taken off as planned, the necessary agreements have been signed though?

Our plans for projects in Egypt and Zambia are proceeding at the pace acceptable for both parties. In Egypt, we plan to commission four power units with VVER-1200 type reactors with a capacity of 1200 MW each by 2028. We will also supply nuclear fuel throughout the entire NPP life cycle (60 years), provide training services, and carry out maintenance and repairs within ten years after each unit’s start. With our initial agreement signed in 2015, and necessary infrastructure still being put in place, the El Dabaa project is firmly underway. 

Our project in Zambia, Center for Nuclear Science and Technology, is implemented in several stages, starting with a Multipurpose Irradiation Center. Once the Center is built, a training complex within it will contribute to building capacity in nuclear technology by providing opportunities for training students of different degrees from Bachelor to PhD and carrying out advanced experiments and research that provides a new level of practical competencies. With Zambia being new to nuclear, the installation of infrastructure is the key priority at the moment. 

As for South Africa, we maintain a cordial working relationship with crucial nuclear industry bodies and are monitoring their ambitions to add 2500MW of new nuclear to the grid very closely, but we are not currently engaged in any active nuclear projects. The initial 9600MW nuclear new build program in South Africa was halted in 2017 as a result of internal procedural issues of the country. It is important to note that the 9600MW program did not make it past the Request for Information (RFI) stage, and Rosatom was only one of many vendors interested to bid for the project.  The program was then downsized to 2500MW and restarted in 2020 as the country grapples with power shortages due to an aging coal-fired fleet. 

To what extent, the use of nuclear power safe and secured for Africa? What technical precautions (measures) can you suggest for ensuring nuclear security?

A nuclear power program is a complex undertaking that requires meticulous planning, preparation, and investment in time, institutions, and human resources. The development of such a program does not happen overnight and can take several years to implement. All countries, which embark on the path towards the peaceful use of nuclear technologies, do so by adopting the IAEA Milestone Approach framework. This approach provides newcomer countries with well-structured guidance and a clear to-do list, which gives them a clear understanding of how to safely and effectively implement and manage their civil nuclear program. This approach includes necessary policy and legal framework, human capital development, installation of management and regulatory bodies, implementation of safeguards, and educating the public. 

Since many of our partners are relatively new to the technology, we are able to provide full support to them on their path towards achieving their national nuclear energy programs, this at all of its stages of the project and in full accordance with IAEA regulations. 

Do you also envisage transferring technology by training local specialists and how does this currently look like, how many specialists per year undergoing training in Russia?

The ultimate goal in our projects is to help our partners gain independence in terms of human capital. Still, it will need at least a decade of education and training of many young people and professionals. 

As part of our commitment, we assist our partner countries with training local personnel via a government-sponsored bursary program by the Russian Ministry of Science and Higher Education. Since 2010, hundreds of students from Algeria, Ghana, Egypt, Zambia, Kenya, Nigeria, Tanzania, Uganda, Ethiopia, and South Africa have been receiving nuclear and related education at leading Russian educational institutions. Currently, over 1500 students from Sub-Saharan Africa study in Russia under bachelor, master and post-doc programs, 256 students are on nuclear and related programs. 

Another aspect is short-term training for professionals – managers and specialists in nuclear. The topics of training range from nuclear energy, technology management and technical regulations to safety features of Russian designs in nuclear. 

In your view, why many African countries opting for renewable energy? Is it nuclear power affordable for Africa? With this trend, what is Rosatom’s plan for future cooperation with African countries?

Currently, renewables show the fastest-growing curve in meeting this demand with the solar potential of 10 TW, the hydro of 350 GW, the wind of 110 GW, and the geothermal energy sources of 15 GW. Many are easy to install and demand little in terms of investment. 

However, the critical question regarding these sources is reliability. US Energy Department estimates show that nuclear power plants produce maximum power over 93% of the time during the year. That’s about 1.5 to 2 times more than natural gas and coal units and 2.5 to 3.5 times more reliable than wind and solar plants. To replace a nuclear power plant, one would need two coal or three to four renewable plants of the same size to generate the same amount of electricity onto the grid.

Another critical question is the cost. Most of the funds are needed to during the construction period. Building a large-scale nuclear reactor takes thousands of workers, massive amounts of steel and concrete, thousands of components, and several systems to provide electricity, cooling, ventilation, information, control and communication. However, apart from a reliable source of electricity throughout several decades (from 40 to 60 years minimum), the International Energy Agency (IEA) estimates that the construction of new NPPs is competitive compared to other green energy sources like wind and solar. It is also worth noting such an economic advantage of nuclear power as the electricity cost’s stability and predictability.

Our experience shows substantial dividends for any country that joins the international nuclear community. We are talking about thousands of new jobs, quantum leaps in R&D, and the creation of entirely new sectors of the economy. According to our estimates, US$1 invested in nuclear power plants under the Rosatom project brings in US$ 1.9 to local suppliers, US$4.3 for the country’s GDP, and US$1.4 to the Treasury as tax revenues. 

We have recently calculated even more specific data based on El Dabaa nuclear power station. During the construction period, the NPP project will increase the country’s GDP by over US$4 billion or 1%, bring around US$570 million as tax revenue, and employ over 70% of local personnel. Apart from the NPP itself, Egypt will have a new seaport, several roads, and schools constructed. After the start of operations, over 19% of the population or 20 million people will have access to electricity, and the NPP will prevent over 14 million tons of CO2 emissions annually.

In general, I would like to say that while the capital cost for nuclear energy may be higher, the reliable energy that it produces over its lifespan is very affordable. Beyond this, the inclusion of nuclear energy into the energy mix itself gives a powerful qualitative impetus for the economy, the establishment of high-technology-based industries and, as a result, the growth of export potential and quality of life.

Reference: Rosatom offers integrated clean energy solutions across the nuclear supply chain and beyond. With 70 years’ experience, the company is the world leader in high-performance solutions for all kinds of nuclear power plants. It also works in the segments of wind generation, nuclear medicine, energy storage and others. Products and services of the nuclear industry enterprises are supplied to over 50 countries around the world.

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