THE disclosure that Uranium One -- a  Canadian-based uranium producer in which the Russian government holds a  significant stake -- has taken a shareholding in Paladin Energy should  provoke interest in Canberra.                    
That's because, under Australia's foreign investment guidelines,  Uranium One should have sought approval before acquiring any shares in  Paladin. It's thought that it did not do so.
The holding to date  is small -- 9.84 million shares, or 1.37 per cent of Paladin's capital.
Uranium  One has confirmed the holding and says the shares were purchased for  "investment purposes", that the company continually reviews its  investment alternatives and may, from time to time, acquire additional  shares or dispose of its holding.
Maybe.But if the intention was  to acquire a strategic shareholding in Paladin, then presumably Uranium  One won't make any further purchases without first notifying FIRB and  seeking the approval of federal Treasurer Wayne Swan.
    
   
Uranium One's buying was only flushed out as a result of regular  monthly monitoring by Paladin of purchases of its shares.
The  buying was conducted through a Credit Suisse nominee company in the US.  Paladin sent out tracing notices on April 15, which revealed that the  beneficial owner was Cheetah Resources, a Luxembourg-domiciled entity,  which at that stage held 4.345 million shares. A further tracing notice  on April 28 revealed that Cheetah's holding at that stage had risen to  9.84 million shares.
It's suggested that Paladin suspects Uranium  One might hold further shares through another entity and that additional  tracing notices have been sent in an endeavour to ascertain whether  that is the case.
If Uranium One was hoping to build a bigger  stake in Paladin, its cover has now been blown. Not only will FIRB have  been alerted but investors also know of its buying and the Canadian  group would find it more difficult to dislodge sellers.
Paladin's  share price jumped from $3.68 to $4 on the disclosure of Uranium One's  stake, but has since drifted back to $3.65, in line with the overall  market decline.
The uranium industry is closely held, but there  has been speculation there might be further consolidation, with Canada's  Cameco mentioned as a possible bidder for Paladin.
Paladin has  positioned itself uniquely within the uranium supply industry and is  currently the only independent uranium producer with developed, proven  reserves and significant volumes of uncommitted production.
An  Australian company, Paladin has brought two uranium mines into  production in Africa: Langer Heinrich in Namibia and Kayelekera in  Malawi.
Paladin has not had any formal approaches from third  parties, but is believed to have received numerous soundings, including  from government-controlled entities, Asian trading houses and uranium  producers. But to date it has preferred its independence.
Uranium  One's uranium production is predominantly in Kazakhstan, although the  company also owns 51 per cent of the Honeymoon deposit in South  Australia, which recently received the go-ahead from the South  Australian government and is scheduled to come into production around  the end of this year.
The Canadian group is said to be looking for  assets in Africa to diversify its production base from Kazakhstan.
Under  the federal government's foreign investment policy, direct investments  made by foreign governments and their agencies, irrespective of their  size, are notifiable to FIRB, and the ownership or control of the  investor by a foreign government raises additional factors for  examination.
Paladin has ascertained that Cheetah is wholly owned  by Uranium One, which in turn is 16.6 per cent owned by Japan Uranium  Management (JUM), 19.3 per cent by Atomredmetzoloto (ARMZ) and 64.1 per  cent by institutional and retail investors.
JUM is a Japanese  consortium made up of Tokyo Electric Power (40 per cent), Toshiba (40  per cent) and the Japan Bank for International Co-operation (JBIC), a  Japanese state-owned company, while ARMZ, the world's fifth-largest  uranium producer with operating mines in Russia and Kazakhstan, is a  Russian state-owned uranium mining company.
ARMZ is part of  Rosatom, the Russian state corporation that controls the Russian  Federation's nuclear activities. ARMZ supplies strategic feedstock to  the Russian nuclear industry.
ARMZ director-general Vadim Zhivoc  is a director of Uranium One and the Canadian company has agreed to  appoint a second ARMZ representative to the board, subject to  shareholder approval.
In June last year, Uranium One and ARMZ  entered into a framework agreement under which they agreed to work  together to build Uranium One's global platform and develop it into one  of the largest uranium producers in the world.
In particular, they  agreed to discuss areas of potential co-operation in the uranium  industry and that ARMZ would use commercially reasonable efforts to  allow Uranium One to participate in investments in uranium exploration  projects, or any form of joint venture, to develop or operate uranium  exploration properties outside of the Russian Federation.
Moreover,  Japan and Russia last year signed a new nuclear co-operation agreement  under which Japan can send nuclear material to Russia for enrichment and  return to Japan.
However, concerns have been expressed that some  of the enriched fuel might be sent to third countries -- including,  perhaps, Iran.
The agreement also opens the way for joint mining  and oil ventures between the two countries.
As ARMZ owns more than  15 per cent of Uranium One, it would almost certainly be deemed under  section 9 of the Foreign Acquisitions & Takeovers Act (FATA) to have  a controlling interest in Cheetah's 1.37 per cent stake in Paladin.
There's  also JUM's 16.6 per cent stake in Uranium One.
The association  provisions of FATA are sweeping and given that the state-owned JBIC owns  more than 15 per cent of Uranium One -- together with the nuclear  co-operation agreement between Russia and Japan -- it's possible that  JUM and ARMZ might be taken to jointly control close to 40 per cent of  Uranium One.
Uranium is a sensitive industry as far as the foreign  investment policy is concerned, so it may well be that now that Paladin  has outed Uranium One, the FIRB and the Australian government will play  close attention should there be any further developments.