Uzbekistan: Oxus Appeals to AmCham for Jailed Engineer, Raises Conflict of Interest
Oxus Gold, the British mining company
forced to leave Uzbekistan as its assets were seized, has appealed to the American Uzbekistan Chamber of Commerce (AUCC) to intervene on behalf of Said Ashurov, the company's chief metallurgist who was sentenced to 12 years in prison by a closed Uzbek military court this month.
Amsterdam & Peroff, Oxus' lawyers, have addressed an open letter dated August 18 to Carolyn Lamm, an attorney for White & Case who is currently the chairperson of the board of the AUCC, which maintains offices in Washington, DC and Tashkent.
Oxus remains a member of the AUCC, represented by Richard Wilkins, who has served as Oxus' finance director and company secretary as well as its CEO from January 2008-July 2009.
The letter, signed by Oxus attorney Robert Amsterdam, invokes the AUCC's mission of advocating "vigorously for the interests of US business in Uzbekistan" and urges Lamm to raise the issue of Ashurov's unlawful imprisonment with Uzbek authorities. Amsterdam characterizes the charges against Ashurov as "absurd" and says he has been denied appropriate medical treatment, severely comprosing his health.
Oxus was forced to declare "force majeure" on its operations in Uzbekistan after becoming subject to what was described as a "hostile audit" and intimidation of employees. While his letter expresses hope that the AUCC might intervene on behalf of Ashurov, using its close connections to the government, Amsterdam also implies there may be a conflict of interest:
For all intents and purposes it appears as if the Uzbek Government has literally stolen Oxus' investment in its entirety, and when the Chairman of Oxus sought your help, you declared neutrality.
It has been reported to us that you have in the past been providing legal services for the Government of Uzbekistan or affiliated entities. If this is indeed the case, we query if you are the appropriate officer within the AUCC that should be vested with the decision-making power on whether the AUCC inervenes on behalf of our client?
The AUCC has declined requests to comment on the case of Oxus and the sentencing of Ashurov, as it has refrained from commenting on other concerns about Uzbek government practices in the past.
Lamm is an attorney who has represented the government of Uzbekistan in various arbitration cases and also served as lead counsel to Zeromax in a dispute with Coca Cola which was ultimately dismissed. In that capacity, she has come under some criticism for not publicly addressing human rights concerns in Uzbekistan.
Donald Nicholson, past president of the AUCC, found himself in a controversy last August as Uzbek media covered his remarks at a press conference in Tashkent regarding business opportunities in Uzbekistan. Nicholson was quoted as saying he would not support a boycott of Uzbek cotton due to the exploitation of forced child labor, and his own business had helped supply footwear to the Uzbek military.
Nicholson, who actively cooperated with the US Embassy's program to promote business opportunities for American companies in Uzbekistan, said that the troops in Afghanistan require 40 tons of fresh fruit and vegetables a day, and Uzbek farmers could supply them. Uzbekistan has engaged extensively with the US and NATO on maintaining the Northern Distribution Network (NDN) to deliver supplies to NATO troops, and US officials have characterized the NDN as a great business opportunity for both Uzbek and American companies.
Sign up for Eurasianet's free weekly newsletter. Support Eurasianet: Help keep our journalism open to all, and influenced by none.