SinoInsight 1
On Jan. 19, according to state mouthpiece Xinhua, the PRC National Audit Office recently found that PetroChina Fuel Oil had been illegally reselling imported crude oil over the past 15 years. PetroChina Fuel Oil is a subsidiary of PetroChina, the listed arm of state-owned China National Petroleum Corporation.A State Council joint investigation team found that PetroChina Fuel Oil resold 400,000 tons of imported crude oil to Shandong Befar Group under the label of “blended fuel oil” in June 2006. Since then, PetroChina Fuel Oil had illegally resold a total of 179.5 million tons of imported crude to 115 local refinery companies. The main managers of PetroChina were found to be “seriously negligent in their duties” during the 15-year period.
The Xinhua report noted that PetroChina’s illegal resale of oil was in violation of the PRC Administrative License Law and other relevant laws and regulations. This “seriously violated the national industrial policy, seriously disrupted the oil market order, encouraged the blind development of backward production capacity of noncompliant local refining enterprises, encouraged some localities to approve local refining projects in violation of the law, damaged the market environment of fair competition, indirectly caused the loss of national fiscal revenue, and seriously corrupted the Party and social morals.”
State broadcaster CCTV and other major official media also reported on the PetroChina Fuel Oil incident.
On Jan. 20, PetroChina issued a clarification statement acknowledging the official media reports and noting that it has “always been actively cooperating with the investigation.” The statement added that the company’s production has not been affected.
Background:
1. The 179.5 million tons of illegally resold imported crude oil by PetroChina Fuel Oil over 15 years exceeds PetroChina’s total crude oil production of 178.6 million tons (102.3 million tons was domestic crude) in 2020.
The illegally resold crude has an estimated market cost of $93.7 billion (based on 1 ton of crude being equivalent to 7.33 barrels and the average international crude price between 2006 to 2021 of $71.24 per barrel) or about 630.6 billion yuan (average RMB exchange rate of 6.73 between 2006 to 2021).
2. The PRC government usually implements import quota management for crude oil because the resource concerns regime energy security and economic macro-control. As a state-owned enterprise, PetroChina faces no quota restrictions. Due to the limited capacity of its own refineries, however, PetroChina resells imported crude oil to local refineries to generate more revenue. The arrangement is tantamount to the covert implementation of a quota cap on other companies on top of restrictions while PetroChina is allowed to break the quota.
3. According to a June 8, 2021 Reuters report, the PRC authorities ordered PetroChina Fuel Oil to cease reselling crude oil import and trading off quotas with six local refineries in April, a long-standing practice of the company for years.
The report noted that the authorities allowed “over 40 smaller plants to process imported oil to support private investment” since late 2015, but “controls overall oil purchases using a quota system to curb wasteful refinery expansions.” In the months around June 2021, however, the authorities had “unleashed an array of measures aimed at curtailing its bloated oil refining sector, from examining illicit trading of import quotas to levying new taxes to curb unwanted fuel supplies.”
The report cited an official as saying that PetroChina Fuel Oil partnered with local refineries under a so-called “processing” legacy arrangement where the company pays a processing fee to the local refineries and buys back refined products like diesel at an agreed price. However, PetroChina Fuel Oil often allowed the local refineries to use its import allowances or sometimes directly resold imported crude to them because it was “very tough” for the parties to agree on buy-back terms for prices and fuel quality.
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On Jan. 20, Xinhua published the communiqué of the 19th Central Commission for Discipline Inspection’s sixth plenary session held in Beijing from Jan. 18 to Jan. 20.
The communiqué stated that the meeting “conscientiously studied and deeply understood” Xi Jinping’s speech delivered at the opening of the CCDI plenum. Xi’s speech was touted as “lofty in intention, profound in thought, and rich in connotation,” and “fully embodies the firm conviction, selflessness, and fearlessness of Party Central with Comrade Xi Jinping at the core.” The speech also “does not forget the original aspiration and the mission of moving forward bravely,” while possessing “very strong political, instructional, and targeted” value. Finally, the speech is billed as being “the basic principle to promote the new great project of Party-building in the new era, and is the action guide for the high-quality development of discipline inspection and supervisory work.”
The communiqué added that the CCDI sixth plenum praised the “new results” achieved by anti-corruption agencies last year under the guidance of “Xi Jinping Thought” and the “spirit of the Sixth Plenum (of the 19th Central Committee).” Anti-corruption agencies “resolutely investigated and dealt with major corruption cases, seriously investigated and dealt with corruption cases involving the intertwining of political and economic issues, increased anti-corruption efforts in the area of state-owned enterprises, the financial sector, the political and legal affairs apparatus, grain purchase and sale, development zone construction, etc., and promoted reform and governance [in the aforementioned areas] through the handling of cases.” Further, anti-corruption agencies “resolutely punished gang-related violence and ‘protective umbrellas’” while preventing “darkness under the lamp” (燈下黑; i.e. corruption in anti-corruption agencies).
The meeting emphasized that “self-revolution is a distinctive sign that differentiates our Party from other parties, and is the secret of the Party’s success in escaping the rise-and-fall historical cycle of governance and becoming more dynamic after a century of vicissitudes.”
According to the communiqué, the meeting also called for:
- “Seriously adhere to leadership reshuffle discipline and strict political and integrity control.” Also, all acts of “canvassing and bribery, lobbying, and election sabotage will be investigated and punished.”
- “Actively respond to the new situation and challenges in the fight against corruption. Resolutely prevent and investigate the ‘seven areas of corruption,’ show no mercy to those who engage in political cliques and factions, small circles, and interest groups within the Party, and strictly educate, manage, and supervise young cadres.”
- “Investigating and punishing the corrupt activity behind the disorderly expansion of capital and platform monopoly, and cutting the link between power and capital.”
- “Fiscal discipline must be strict, and promote the prevention and resolution of local government hidden debt risks. Resolutely investigate and deal with corruption in infrastructure construction and public resource transactions, continue to promote corruption governance in the financial sector, deepen anti-corruption work in state-owned enterprises, and deepen special rectification of corruption in areas such as grain purchase and sales.”
- “Innovate the methods of inspection teams to achieve full inspection coverage of central and provincial Party Committees, as well as cities and counties.”
OUR TAKE
1. Per the information in the June 8, 2021 Reuters report, the PRC authorities had already stepped in to handle the PetroChina Fuel Oil corruption case as early as April 2021. However, Beijing only chose to call public attention to the case many months after the fact.
Beijing appears to have timed the broad publicity of the PetroChina Fuel Oil corruption case to coincide with a focused propaganda effort to promote the anti-corruption campaign in the early weeks of January (the CCDI’s new five-part anti-corruption documentary “Zero Tolerance” was rolled out from Jan. 15 to Jan. 19; see also here, here, and here) and the sixth plenary session of the CCDI (Jan. 18 to Jan. 20). We believe that the Xi Jinping leadership is planning to use the public handling of PetroChina Fuel Oil as both a model for how such corruption cases should be dealt with and to target the Party elites connected with the company.
2. Official mainland media claims that corruption at PetroChina started in 2006. This was a period when Jiang Zemin and the Jiang faction were dominant in the regime (Hu Jintao and Wen Jiabao were akin to “puppets”) and controlled important economic channels.
PetroChina was formed in 1998 following the reorganization of the State Petroleum and Chemical Industry Bureau (國家石油和化學工業局) into two companies (the other is Sinopec). Jiang faction member Chen Geng served as PetroChina’s general manager and Party Secretary before his retirement on Nov. 15, 2006. Chen’s deputy Jiang Jiemin (no relation to Jiang Zemin), a confidant of Zhou Yongkang and another Jiang faction member, took over his positions.
After Xi Jinping took office, Jiang Jiemin was transferred away from his base of operations (調虎離山) with his promotion to director of the State-owned Assets Supervision and Administration Commission in March 2013. Jiang was later investigated in September that year.
PetroChina had three other Party secretaries after Jiang Jiemin. First was Zhou Jiping (April 2013 to April 2015, then-general manager of PetroChina. Zhou was replaced by China National Offshore Oil Corporation Party secretary Wang Yilin (May 2015 to January 2020), and Wang later made way for Sinopec Party secretary Dai Houliang (January 2020 to present). Jiang Jiemin’s three successors appeared to have continued with his policy of illegally reselling crude oil in keeping with an unspoken rule in the CCP officialdom.
The “retroactive investigation” of PetroChina is aimed not at Jiang Jiemin, who has been purged for more than eight years, but the Jiang faction’s “petroleum gang” (石油幫) and its associates. China watchers have long considered Jiang faction number two Zeng Qinghong, disgraced security czar Zhou Yongkang, and retired Politburo Standing Committee member Zhang Gaoli to belong to the “petroleum gang,” with Zeng being regarded as the “gang leader.” The investigation of Zhou Yongkang led to the purge of several “petroleum gang” officials at the vice-ministerial level, and Zhou’s family members were also found to be involved in corruption connected with PetroChina.
The involvement of Shandong Befar Group in PetroChina Fuel Oil’s June 2006 illegal crude sale suggests that Zhang Gaoli, then Shandong Party secretary, will be implicated in the “retroactive investigation” of PetroChina. The construction of illegal villas in Shandong that state media recently exposed also occurred during Zhang’s administration of Shandong. Zhang is further implicated in Chinese tennis star Peng Shuai’s sexual assault allegation. Xi Jinping has strong motivation to target Zhang Gaoli given that the latter led Party elites in opposing the inclusion of criticism of Jiang Zemin’s “incorrect political line” in Xi’s “historical resolution.”
A “retroactive investigation” of PetroChina could also snare other Party elites who are deeply involved in the CCP’s petroleum system.
3. There are several reasons why Xi Jinping is only “retroactively investigating” the petroleum system now:
- Xi likely lacked the “quan wei” (authority and prestige) needed to thoroughly rectify the petroleum system and its deeply entrenched interests in his first term despite having moved against Zhou Yongkang. Several years and a string of power consolidation moves later, Xi is now in a better position to tackle the influential elites who profited from the petroleum system and dismantle old interest networks.
- Xi needs to crack down hard on his factional rivals in the lead up to the 20th Party Congress and play up his anti-corruption campaign to boost his “quan wei” and improve his chances of securing a norm-breaking third term.
- To justify moving against his predecessors, as well as the factional interests and elites associated with them, Xi needs to first publicly establish their corruption to bring both the Party and the people to a consensus. Doing so also allows Xi to fault them later for causing China’s economic deterioration today and other ills while absolving himself from blame.
- The Xi leadership’s public airing of severe corruption committed by Xi’s factional rivals and other elites serves to justify the “rise-and-fall cycle” propaganda and the need for “self-revolution” in the Party. The subsequent punishing of high-level individuals is intended to produce a silencing effect and compel the majority of the CCP elites to go along with Xi’s third term bid.
- Xi is likely looking to further align himself with the masses against the elite to build popular support for his actions, insulate himself somewhat from criticism within the Party when he perpetuates “self-revolution” against the elite, and preserve the regime’s political legitimacy as much as possible should he need to make very shocking factional struggle moves that undermine said legitimacy.
4. We believe that the “retroactive investigation” of PetroChina Fuel Oil is just one of Xi Jinping’s moves aimed at the Jiang faction and Zeng Qinghong ahead of the 20th Party Congress. The outcome of the investigation, however, is likely still “flexible” at present and dependent on Xi’s “quan wei” and political strength, as well as whether Xi’s factional rivals decide to compromise or counterattack.
If Xi lacks strength or his enemies come to a favorable compromise on the issue of his third term bid, the PetroChina Fuel Oil case could result in the punishment of some mid- to senior-level officials and even individual elite cadres, but the bulk of the elites will be spared. If Xi has sufficient strength and his rivals remain strongly opposed to him taking another term, then the PetroChina Fuel Oil investigation could end up with the purge of “untouchable” Party elites and elders.
SinoInsight 2
On Jan. 12, the public security bureau (PSB) of Xuchang City in Henan Province announced that an employee surnamed Zhang (張某東, henceforth referred to as Zhang Moudong), the regional head of the Zhengzhou KingMed Diagnostics independent clinical testing laboratory, had violated the law on prevention and treatment of infectious diseases by “committing acts that cause the spread of novel coronavirus pneumonia or caused serious risk of spreading.” The Xuchang City PSB’s announcement added that the Yuzhou City PSB had earlier filed a case on Jan. 10 against Zhang for “suspected criminal offenses and took compulsory measures.” The announcement concluded by stating that Zhang’s case is being “further processed.” The announcement was subsequently shared by the official Weibo accounts of the Central Political and Legal Affairs Commission and Xinhua.
The Xuchang City PSB announcement sparked incessant speculation and criticism of KingMed on the internet. Some netizens suspected that KingMed had “maliciously spreaded poison [deliberately allowed coronavirus transmissions],” while others guessed that the company had lost local coronavirus testing samples and later falsified test results.
KingMed issued two statements on Weibo on Jan. 12 in response to the Xuchang City PSB announcement. The first statement acknowledged that a company staff member was subjected to public security “investigation and questioning” on Jan. 10, and that proceedings were “still in the investigation stage” with “no conclusion.” The second statement explicitly denied “internet speculation” that the company had engaged in “active virus transmission, lost samples, forged data, concealed data, etc.,” adding that a company investigation found “no such thing as the aforementioned.” The statement then encouraged the public to “not believe in rumors and spread false information … Zhang Moudong and six local regional staff … did not participate in laboratory testing work.”
In the evening of Jan. 12, KingMed issued an “explanation announcement” (關於許昌警方通報事件的說明公告) pertaining to the Xuchang City PSB’s announcement. The “explanation announcement” stated that the company is “actively cooperating with the police to investigate the incident” and that the investigation results will be made known to the public “in a timely manner.” The statement added that the Zhengzhou KingMed had suspended nucleic acid testing in Xuchang City while testing in other areas of Henan Province was being “carried out normally.” Further, KingMed’s operations are “normal,” and “this incident will not have a significant impact” on the company’s overall operations. However, KingMed’s “explanation announcement” did not explain Zhang Moudong’s charges or how it concluded that there is “no such thing as the aforementioned” rumors and speculation about the company.
According to a Jan. 12 Yicai Global report, Zhengzhou KingMed was requested by the health department of Yuzhou, a district-level city under the jurisdiction of Xuchang, on Jan. 2 to participate in the city’s epidemic prevention and control screening, citing a KingMed response to queries. On Jan. 10, a Zhengzhou KingMed local staff was subjected to investigation and inquiry by the local public security organ, but the investigation is ongoing and inconclusive.
Also on Jan. 12, KingMed’s stock price fell 5.79 percent and about 2.6 billion yuan (about $409 million) of its market value evaporated.
KingMed’s development and capital
Zhengzhou KingMed was founded on Jan. 28, 2008. The company is the fifth wholly-owned subsidiary of the A-share listed KingMed Diagnostics and is the first independent clinical laboratory in Henan Province to obtain a medical institution practicing license.
KingMed is the leading independent clinical laboratory in China. It mainly engages in third-party medical testing and pathological diagnosis for various medical institutions. The company has 38 clinical laboratories on the mainland and in Hong Kong, and has a service network covering over 90 percent of China’s population. KingMed has carried out nucleic acid testing for more than 220 million people as of the end of November 2021, and its daily testing capacity of 1.3 million tubes ranks first in the world.
Publicly available information shows that KingMed is linked with magnates like Lenovo’s Liu Chuanzhi and Boyu Capital’s Alvin Jiang, as well as Zhong Nanshan, the PRC’s public face of COVID-19.
Before KingMed went private, it was a state school-run enterprise under the Guangzhou Medical College of Guangdong Province (now Guangzhou Medical University) where Zhong Nanshan served as dean. In 1997, the school-run enterprise changed its name to “KingMed Medical Testing Center” (金域醫學檢驗中心) and became the first third-party medical testing institution in the PRC. In 2005, the Guangzhou government restructured KingMed into a private enterprise. Today, Zhong Nanshan serves as chairman of KingMed’s medical academic committee. Liang Yaoming, Zhong’s former student, currently chairs KingMed and is the company’s largest shareholder.
One of KingMed’s shareholders is CBD Boyu Phase I (Shanghai) Equity Investment Partnership (Limited Partnership), and the legal representative of CBD Boyu is Sean Tong (Tong Xiaomeng). Tong is one of the co-founders of Boyu Capital, one of the largest private equity firms in China. Boyu Capital’s actual controller is Alvin Jiang (Jiang Zhicheng), the grandson of former Party boss Jiang Zemin.
KingMed’s prospectus shows that the company obtained multiple rounds of financing from Lenovo-owned investment companies since 2007. One of those companies, Legend Holdings, later became one of KingMed’s top ten shareholders after the company went public. Lenovo founder Liu Chuanzhi also invested a sum of money into KingMed in 2007 after learning about the company’s development concept.
KingMed was listed on the Shanghai Stock Exchange in September 2017 with an issue price of 6.93 yuan and a market value of 3.18 billion yuan. The company’s share price has been consistently strong, reaching a high of 178.55 yuan (about $28.11) on Jan. 25, 2021. On Dec. 31, 2021, the company’s stock closed at 111.37 yuan and its market value was 51.9 billion yuan. According to KingMed’s 2021 third quarter report, its revenue increased 47.87 percent from a year ago to hit a record 8.617 billion yuan.
A number of KingMed’s major shareholders began quietly reducing their shares in the company after its share price peaked in January 2021. According to a June 2021 report by People’s Daily subsidiary International Financial News, KingMed’s major shareholders had reduced their holdings by more than 8 billion yuan between 2018 and 2021. Of the major shareholders, Legend Capital now no longer holds any shares in KingMed despite being an early backer. Meanwhile, CBD Boyu cashed out on the last of its KingMed shares (0.55 percent of ordinary shares) in September 2021 for 272 million yuan; CBD Boyu had been selling its initial 14.44 percent stake in KingMed bit by bit since March 2019.
OUR TAKE
Based on publicly available information, the KingMed Xuchang incident could either pass without incident, or directly concern factional struggle between Xi Jinping and his factional rivals. We see three possible scenarios, with a likelihood of overlap.
In one scenario, local governments in Henan were looking to absolve themselves of blame for the recent COVID-19 outbreak in the area and preserve their political “achievements.” With the important Winter Olympics in Beijing just around the corner and their careers on the line, local officials could be desperate enough to pull off the KingMed stunt and risk offending well-connected individuals like Zhong Nanshan (and his political backers) if there were a chance that they would not be held responsible for the outbreak and be punished like officials in Xi’an for failing to maintain “zero-COVID.” Holding the testing company “accountable” for the outbreak potentially kills two birds with one stone—the local governments in Henan can make the case for keeping their “zero-COVID” achievements unblemished, while finding an excuse to avoid paying KingMed for the several rounds of expensive compulsory mass testing they had to do following the outbreak (this affects local economic performance and political achievements).
It should be pointed out that KingMed might not be an innocent party in the incident. There is precedent of testing companies faking test results. On Jan. 18, 2020, local authorities arrested the person-in-charge of Jinan Huaxi Medical Laboratory for publishing false test results for the second round of mass COVID testing for Hebei’s Longyao County. Three months later, the Jinan Municipal Health Commission issued a warning and a fine to Jinan Huaxi Medical Laboratory. Such fraud cases are endemic to the CCP regime where the completion of political tasks and securing of political achievements are prioritized above all; vendor-government bribery and deception up and down the many layers of government are commonplace.
Another scenario would see the CCP employing the old tactic of “hyperfocusing” on a relatively minor issue (the KingMed Xuchang incident) to draw the public’s attention away from larger problems (nationwide COVID outbreaks near the Winter Olympics, etc.). It is noteworthy that the official Weibo accounts of the Central Political and Legal Affairs Commission and Xinhua decided to forward the Xuchang City PSB’s announcement of the investigation into Zhengzhou KingMed’s regional head, an unusual move for a regime preoccupied with preserving its “great, glorious, correct” image.
Keeping the public’s attention on wayward individuals and testing companies serve several objectives. First and most importantly, the PRC government at large is absolved of blame for failing to meet its own “zero-COVID” target because the fault officially lies with yet another deviant external actor (“contaminated international mail” has been a convenient scapegoat). Second, the public’s focus on the KingMed Xuchang incident allows the nationwide outbreak and international controversies over the Winter Olympics (like diplomatic boycotts over human rights) to recede into the mental background. Third, the testing companies and officials in charge of servicing the Winter Olympics would not dare to engage in fraudulent activity during the games lest they be inclined to suffer the same fate as Zhengzhou KingMed.
In a third scenario, the KingMed Xuchang incident could be part of an effort by Xi’s factional rivals to embarrass Xi Jinping close to the Winter Olympics and undermine his “quan wei.” Two points are suspicious, namely, the Central Political and Legal Affairs Commission’s “promotion” of the incident (the political and legal affairs apparatus is a Jiang faction stronghold) and investors associated with the Jiang faction eliminating the last of their KingMed stocks in 2021 (the Jiang faction’s interests are conveniently not affected by whatever happens to KingMed and they can deny connections with the company). The scandal for KingMed and Zhong Nanshan reflects badly on Xi because Zhong is the face of Xi’s COVID-19 prevention and control campaign and has been publicly feted by Xi at a high-profile event in September 2020 celebrating the regime’s “victory” over the virus. The charge of “committing acts that cause the spread of novel coronavirus pneumonia or caused serious risk of spreading” leveled against Zhang Moudong also makes Xi look bad because the company closely associated with his top COVID expert is accused of facilitating the recent outbreaks.
Should Xi suspect that the KingMed Xuchang incident is the handiwork of his chief factional rival (whether or not the Jiang faction is truly responsible is irrelevant), he would be more determined to purge key faction members in the coming months. The Jiang faction would in turn ramp up efforts at retaliation as they seek to survive “you die, I live” factional struggle. Intensifying factional fighting would heighten political risks in China and lead to political Black Swans.