Understanding the conflict two years on.

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Shortly before noon on Aug. 19, 2023, a Russian cruise missile sliced past the golden onion domes and squat apartment blocks of the Chernihiv skyline in northern Ukraine. The Iskander-K missile slammed into its target: the city’s drama theater, which was hosting a meeting of drone manufacturers at the time of the attack. More than 140 people were injured and seven killed. The youngest, 6-year-old Sofia Golynska, had been playing in a nearby park.

Shortly before noon on Aug. 19, 2023, a Russian cruise missile sliced past the golden onion domes and squat apartment blocks of the Chernihiv skyline in northern Ukraine. The Iskander-K missile slammed into its target: the city’s drama theater, which was hosting a meeting of drone manufacturers at the time of the attack. More than 140 people were injured and seven killed. The youngest, 6-year-old Sofia Golynska, had been playing in a nearby park.

Fragments of the missile recovered by the Ukrainian armed forces and analyzed by Ukrainian researchers found numerous components made by U.S. manufacturers in the missile’s onboard navigation system, which enabled it to reach its target with devastating precision. In December, Ukraine’s state anti-corruption agency released an online database of the thousands of foreign-made components recovered from Russian weapons so far.

Russia’s struggle to produce the advanced semiconductors, electrical components, and machine tools needed to fuel its defense industrial base predates the current war and has left it reliant on imports even amid its estrangement from the West. So when Moscow launched its full-scale invasion of Ukraine in February 2022, major manufacturing countries from North America, Europe, and East Asia swiftly imposed export controls on a broad swath of items deemed critical for the Russian arms industry.

Russia quickly became the world’s most sanctioned country: Some 16,000 people and companies were subject to a patchwork of international sanctions and export control orders imposed by a coalition of 39 countries. Export restrictions were painted with such a broad brush that sunglasses, contact lenses, and false teeth were also swept up in the prohibitions. Even items manufactured overseas by foreign companies are prohibited from being sold to Russia if they are made with U.S. tools or software, under a regulation known as the foreign direct product rule.

Rubble is strewn around the Chernihiv drama theater following a Russian missile attack on Aug. 19, 2023. Paula Bronstein/Getty Images

But as the war reaches its two-year anniversary, export controls have failed to stem the flow of advanced electronics and machinery making their way into Russia as new and convoluted supply chains have been forged through third countries such as Kazakhstan, Turkey, and the United Arab Emirates, which are not party to the export control efforts. An investigation by Nikkei Asia found a tenfold increase in the export of semiconductors from China and Hong Kong to Russia in the immediate aftermath of the war—the majority of them from U.S. manufacturers.

“Life finds a way,” said a senior U.S. intelligence official, quoting the movie Jurassic Park. The official spoke on background to discuss Russia’s evasion of export controls.

Some of the weapons and components analyzed by investigators were likely stockpiled before the war. But widely available Russian trade data reveals a brisk business in imports. More than $1 billion worth of advanced semiconductors from U.S. and European manufacturers made their way into the country last year, according to classified Russian customs service data obtained by Bloomberg. A recent report by the Kyiv School of Economics found that imports of components considered critical for the battlefield had dipped by just 10 percent during the first 10 months of 2023, compared with prewar levels.

This has created a Kafkaesque scenario, the report notes, in which the Ukrainian army is doing battle with Western weapons against a Russian arsenal that also runs on Western components.

It is an obvious problem, well documented by numerous think tank and media reports, but one without an easy solution. Tracking illicit trade in items such as semiconductors is an exponentially greater challenge than monitoring shipments of conventional weapons. Around 1 trillion chips are produced every year. Found in credit cards, toasters, tanks, missile systems, and much, much more, they power the global economy as well as the Russian military. Cutting Russia out of the global supply chain for semiconductors is easier said than done.

“Both Russia and China, and basically all militaries, are using a large number of consumer electronic components in their systems,” said Chris Miller, the author of Chip War: The Fight for the World’s Most Critical Technology. “All of the world’s militaries rely on the same supply chain, which is the supply chain that primarily services consumer electronics.”

Export controls were once neatly tailored to keep specific items, such as nuclear technology, out of the hands of rogue states and terrorist groups. But as Washington vies for technological supremacy with Beijing while also seeking to contain Russia and Iran, it has increasingly used these trade restrictions to advance broader U.S. strategic objectives. For instance, the Biden administration has placed wide-ranging prohibitions on the export of advanced chips to China.

“At no point in history have export controls been more central to our collective security than right now,” Matthew Axelrod, the assistant secretary for export enforcement at the U.S. Commerce Department, said in a speech last September. U.S. National Security Advisor Jake Sullivan has described export controls as “a new strategic asset in the U.S. and allied toolkit.”

Russia’s ability to defy these restrictions doesn’t just have implications for the war in Ukraine. It also raises significant questions about the challenge ahead vis-à-vis China.

“The technological question becomes a key part of this story and whether or not we can restrict it from our adversaries,” said James Byrne, the director of open-source intelligence and analysis at the Royal United Services Institute, a British think tank.

Álvaro Bernis illustration for Foreign Policy

In the Russian city of Izhevsk, home to the factory that manufactures Kalashnikov rifles, shopping malls are being converted into drone factories amid a surge in defense spending that has helped the country’s economy weather its Western estrangement. Arms manufacturers have been urged to work around the clock to feed the Russian war machine, while defense is set to account for one-third of the state budget this year.

“We have developed a concept to convert shopping centers—which, before the start of the SMO [special military operation], sold mainly the products of Western brands—to factories for assembly lines of types of domestic drones,” Alexander Zakharov, the chief designer of the Zala Aero drone company, said at a closed event in August 2022, according to the Russian business newspaper Vedomosti. “Special military operation” is what the Russian government calls its war on Ukraine. Zala Aero is a subsidiary of the Kalashnikov Concern that, along with Zakharov, was sanctioned by the United States last November.

Defense companies have bought at least three shopping malls in Izhevsk to be repurposed for the manufacture of drones, according to local media, including Lancet attack drones, which the British defense ministry described as one of the most effective new weapons that Russia introduced to the battlefield last year. Lancets, which cost about $35,000 to produce, wreaked havoc during Ukraine’s offensive last year and have been captured on video striking valuable Ukrainian tanks and parked MiG fighter jets.

Like a lot of Russia’s weapons systems, Lancets are filled with Western components. An analysis of images of the drones published in December by the Washington-based Institute for Science and International Security found that they contained several parts from U.S., Swiss, and Czech manufacturers, including image processing and analytical components that play a pivotal role in enabling the drones to reach their targets on the battlefield.

Russian President Vladimir Putin (center) visits the II All-Russian Forum of Gunsmiths in Izhevsk, Russia, on Sept. 19, 2023, in this image provided by Sputnik Agency. Mikhail Metzel/AFP via Getty Images

“The recurring appearance of these Western products in Russian drone systems shows a keen dependence on them for key capabilities in the drone systems,” the report notes. Lancets are not the only drones found to contain Western components. Almost all of the electronic components in the Iranian Shahed-136 drones, which Russia is now manufacturing with Iranian help to use in Ukraine, are of Western origin, a separate analysis published in November concluded.

Early in the war, the Royal United Services Institute analyzed 27 Russian military systems, including cruise missiles, electronic warfare complexes, and communications systems, and found that they contained at least 450 foreign-made components, revealing Russia’s dependence on imports.

One of the principal ways that Russia has evaded Western export controls has been through transshipment via third countries such as Turkey, the UAE, and neighboring states once part of the Soviet Union. Bloomberg reported last November that amid mounting Western pressure, the UAE had agreed to restrict the export of sensitive goods to Russia and that Turkey was considering a similar move. Kazakh officials announced a ban on the export of certain battlefield goods to Russia in October.

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Suspected transshipment is often revealed by striking changes in trade patterns before and after the invasion. The Maldives, an island chain in the Indian Ocean that has no domestic semiconductor industry, shipped almost $54 million worth of U.S.-made semiconductors to Russia in the year after the invasion of Ukraine, Nikkei Asia reported last July.

Semiconductor supply chains often span several countries, with chips designed in one country and manufactured in another before being sold to a series of downstream distributors around the world. That makes it difficult for companies to know the ultimate end user of their products. This may seem odd—until you realize that this is the case for many everyday products that are sold around the world. “When Coca-Cola sells Coca-Cola, it doesn’t know where every bottle goes, and they don’t have systems to track where every bottle goes,” said Kevin Wolf, a former assistant secretary for export administration at the U.S. Commerce Department.

While a coalition of 39 countries, including the world’s major manufacturers of advanced electronics, imposed export restrictions on Russia, much of the rest of the world continues to trade freely with Moscow. Components manufactured in coalition countries will often begin their journey to Moscow’s weapons factories through a series of entirely legal transactions before ending up with a final distributor that takes them across the border into Russia. “It starts off as licit trade and ends up as illicit trade,” said a second senior U.S. intelligence official, who spoke on condition of anonymity.

The further items move down the supply chain, the less insight governments and companies have into their ultimate destination, although sudden changes in behavior of importers can offer a red flag. In his speech last September, Axelrod, the assistant secretary, used the example of a beauty salon that suddenly starts to import electronic components.

An employee makes chips at a semiconductor factory in Nantong, in China’s Jiangsu province, on March 17, 2021.China OUT/AFP via Getty Images

But the Grand Canyon of loopholes is China, which has stood by Moscow since the invasion. In the first days of the war, U.S. Commerce Secretary Gina Raimondo warned that Washington could shut down Chinese companies that ignored semiconductor export controls placed on Russia. Last October, 42 Chinese companies were added to export control lists—severely undercutting their ability to do business with U.S. companies—for supplying Russian defense manufacturers with U.S. chips.

But as the Biden administration carefully calibrates its China policy in a bid to keep a lid on escalating tensions, it has held off from taking Beijing to task. “I think the biggest issue is that we—the West—have been unwilling to put pressure on China that would get China to start enforcing some of these rules itself,” said Miller, the author of Chip Wars.

A spokesperson for the U.S. Commerce Department’s Bureau of Industry and Security (BIS) said: “Due to the restrictions imposed by the United States and key allies and partners, Russia has been left with no choice but to spend more, lower its ambitions for high-tech weaponry, build alliances with other international pariah states, and develop nefarious trade networks to covertly obtain the technologies it needs.

“We are deeply concerned regarding [Chinese] support for Russia’s defense industrial base. BIS has acted to add over 100 [China]-based entities to the Entity List for supporting Russia’s military industrial base and related activities.”

Export controls have typically focused on keeping specific U.S.-made goods out of the hands of adversaries, while economic and financial sanctions have served broader foreign-policy objectives of isolating rogue states and cauterizing the financing of terrorist groups and drug cartels. The use of sanctions as a national security tool grew in wake of the 9/11 attacks; in the intervening decades, companies, government agencies, and financial institutions have built up a wealth of experience in sanctions compliance. By contrast, the use of export controls for strategic ends is relatively novel, and compliance expertise is still in its infancy.

“It used to be that people like me could keep export controls and sanctions in one person’s head. The level of complexity for each area of law is so intense. I don’t know anyone who is truly an export control and sanctions expert,” Wolf said.

Export controls, experts say, are at best speed bumps designed to make it harder for Russia’s defense industrial base to procure Western components. They create “extra friction and pressure on the Russian economy,” said Daniel Fried, who as the State Department coordinator for sanctions policy helped craft U.S. sanctions on Russia after its annexation of Crimea in 2014. Russia is now paying 80 percent more to import semiconductors than it did before the war, according to forthcoming research by Miller, and the components it is able to acquire are often of dubious quality.

But although it may be more cumbersome and expensive, it’s a cost that Moscow has been willing to bear in its war on Ukraine.

A police expert examines fragments of a Russian missile after an attack in Kyiv on May 29, 2023. Sergei Supinsky/AFP via Getty Images

Western components—and lots of them—will continue to be found in the weapons Russia uses on Ukraine’s battlefields for the duration of the war. “This problem is as old as export controls are,” said Jasper Helder, an expert on export controls and sanctions with the law firm Akin Gump. But there are ways to further plug the gaps.

Steeper penalties could incentivize U.S. companies to take a more proactive role in ensuring their products don’t wind up in the hands of the Russian military, said Elina Ribakova, a nonresident senior fellow at the Peterson Institute for International Economics. “At the moment, they’re not truly motivated,” she said.

Companies that run afoul of sanctions and the Foreign Corrupt Practices Act, a U.S. federal law that prohibits the payment of bribes, have been fined billions of dollars. Settlements of export control violations are often an order of magnitude smaller, according to recently published research.

In a speech last month, Axelrod said the United States would begin issuing steeper penalties for export control violations. “Build one case against one of the companies extremely well, put out a multibillion-dollar fine negotiation, and watch everybody else fall in line,” Ribakova said.

And then there’s the question of resources. BIS has an annual budget of just $200 million. “That’s like the cost of a few fighter jets. Come on,” said Raimondo, speaking at the Reagan National Defense Forum last December.

The agency’s core budget for export control has, adjusted for inflation, remained flat since 2010, while its workload has surged. Between 2014 and 2022, the volume of U.S. exports subject to licensing scrutiny increased by 126 percent, according to an agency spokesperson. A 2022 study of export control enforcement by the Center for Strategic and International Studies recommended a budget increase of $45 million annually, describing it as “one of the best opportunities available anywhere in U.S. national security.”

When it comes to enforcement, the bureau has about 150 officers across the country who work with law enforcement and conduct outreach to companies. The Commerce Department has also established a task force with the Justice Department to keep advanced technologies out of the hands of Russia, China, and Iran. “The U.S. has the most robust export enforcement on the planet,” Wolf said.

But compared with other law enforcement and national security agencies, the bureau’s budgets have not kept pace with its expanding mission. The Department of Homeland Security has more investigators in the city of Tampa, Florida, than BIS does across the entire country, Axelrod noted in his January speech.

On the other side, you have Russia, which is extremely motivated to acquire the critical technologies it needs to continue to prosecute its war. The Kremlin has tasked its intelligence agencies with finding ways around sanctions and export controls, U.S. Treasury Undersecretary Brian Nelson said in a speech last year. “We are not talking about a profit-seeking firm looking for efficiencies,” the second senior U.S. intelligence official said. “There will be supply if there is sufficient demand.”

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22.02.2024

Understanding the conflict two years on.

More on this topic

Shortly before noon on Aug. 19, 2023, a Russian cruise missile sliced past the golden onion domes and squat apartment blocks of the Chernihiv skyline in northern Ukraine. The Iskander-K missile slammed into its target: the city’s drama theater, which was hosting a meeting of drone manufacturers at the time of the attack. More than 140 people were injured and seven killed. The youngest, 6-year-old Sofia Golynska, had been playing in a nearby park.

Shortly before noon on Aug. 19, 2023, a Russian cruise missile sliced past the golden onion domes and squat apartment blocks of the Chernihiv skyline in northern Ukraine. The Iskander-K missile slammed into its target: the city’s drama theater, which was hosting a meeting of drone manufacturers at the time of the attack. More than 140 people were injured and seven killed. The youngest, 6-year-old Sofia Golynska, had been playing in a nearby park.

Fragments of the missile recovered by the Ukrainian armed forces and analyzed by Ukrainian researchers found numerous components made by U.S. manufacturers in the missile’s onboard navigation system, which enabled it to reach its target with devastating precision. In December, Ukraine’s state anti-corruption agency released an online database of the thousands of foreign-made components recovered from Russian weapons so far.

Russia’s struggle to produce the advanced semiconductors, electrical components, and machine tools needed to fuel its defense industrial base predates the current war and has left it reliant on imports even amid its estrangement from the West. So when Moscow launched its full-scale invasion of Ukraine in February 2022, major manufacturing countries from North America, Europe, and East Asia swiftly imposed export controls on a broad swath of items deemed critical for the Russian arms industry.

Russia quickly became the world’s most sanctioned country: Some 16,000 people and companies were subject to a patchwork of international sanctions and export control orders imposed by a coalition of 39 countries. Export restrictions were painted with such a broad brush that sunglasses, contact lenses, and false teeth were also swept up in the prohibitions. Even items manufactured overseas by foreign companies are prohibited from being sold to Russia if they are made with U.S. tools or software, under a regulation known as the foreign direct product rule.

Rubble is strewn around the Chernihiv drama theater following a Russian missile attack on Aug. 19, 2023. Paula Bronstein/Getty Images

But as the war reaches its two-year anniversary, export controls have failed to stem the flow of advanced electronics and machinery making their way into Russia as new and convoluted supply chains have been forged through third countries such as Kazakhstan, Turkey, and the United Arab Emirates, which are not party to the export control efforts. An investigation by Nikkei Asia found a tenfold increase in the export of semiconductors from China and Hong Kong to Russia in the immediate aftermath of the war—the majority of them from U.S. manufacturers.

“Life finds a way,” said a senior U.S. intelligence official, quoting the movie Jurassic Park. The official spoke on background to discuss Russia’s evasion of export controls.

Some of the weapons and components analyzed by investigators were likely stockpiled before the war. But widely available Russian trade data reveals a brisk business in imports. More than $1 billion worth of advanced semiconductors from U.S. and European manufacturers made their way into the country last year, according to classified Russian customs service data obtained by Bloomberg. A recent report by the Kyiv School of Economics found that imports of components considered critical for the battlefield had dipped by just 10 percent during the first 10 months of 2023, compared with prewar levels.

This has created a Kafkaesque scenario, the report notes, in which the Ukrainian army is doing battle with Western weapons against a Russian arsenal that also runs on Western components.

It is an obvious problem, well documented by numerous think tank and media reports, but one without an easy solution. Tracking illicit trade in items such as semiconductors is an exponentially greater challenge than monitoring shipments of conventional weapons. Around 1 trillion chips are produced every year. Found in credit cards, toasters, tanks, missile systems, and much, much more, they power the global economy as well as the Russian........

© Foreign Policy


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