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Commission on security and cooperation in Europe

U. S. Helsinki Commission

Mission

We are a US government commission that promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Nine Commissioners are members of the Senate, nine are members of the House of Representatives, and three are executive branch officials.

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Chairman

Representative Alcee L. Hastings

 

Co-Chairman

Senator Roger F. Wicker

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  • Russia's Counterproductive Counterterrorism

    Russia’s counterterrorism approach, which is problematic in both conception and execution, makes Moscow an ill-suited partner with the United States in this field, experts told the U.S. Helsinki Commission at a hearing on June 12, 2019.  The hearing closely examined the development, history, and repercussions of the Kremlin’s approach to counterterrorism under Vladimir Putin, including Moscow’s attempts to present itself as a regional and global leader on this issue.  Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistant Secretary of Defense; Rachel Denber, Deputy Director, Europe and Center Asia Division, Human Rights Watch; and Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College of the National Defense University.  In his opening statement, Rep. Richard Hudson (NC-08), who chaired the hearing, noted concerns expressed by many, including the U.S. Director of National Intelligence, about Russia’s attempts to assume the mantle of leadership in the counterterrorism sphere, through efforts that include placing Russian nationals in senior counterterrorism positions in international organizations.  Rep. Hudson further expressed concern regarding overly broad use of “terrorism” and “extremism” labels by the Kremlin and authoritarian regimes across Central Asia, in contravention of their commitments to human rights Rep. Hudson was joined by other Helsinki Commissioners. Sen. Cory Gardner (CO) underscored the inherently destabilizing nature of Russia’s counterterrorism policies and practices and recalled legislation he has introduced that would require the Department of State to formally determine whether Russia should be designated a state sponsor of terrorism.  Rep. Robert Aderholt (AL-04) raised questions regarding Russia’s role in the downing of Malaysia Airlines flight 17 over eastern Ukraine and whether such an action amounts to state-sponsored terrorism, as well as the impact of Russia’s counterterrorism policies on its Muslim population.  Rep. Brian Fitzpatrick (PA-01) drew upon his experience in the Federal Bureau of Investigation to highlight the challenges of sharing investigative techniques and best practices for fighting terrorism with Russia, as opposed to other countries in the region.  Dr. Omelicheva discussed how the Kremlin has increasingly prioritized fighting terrorism, both as a policy and as a political theme. She described how punitive measures, rather than a focus on socioeconomic improvement to address root causes of radicalization, have long been a preferred method of Russia’s military and security services for addressing terrorism.  She also noted that some Central Asian states have copied the Kremlin’s heavy-handed methods.    Ms. Denber noted the broad criminal code Russian authorities inappropriately apply—under the guise of fighting terrorism—to persecute people “inconvenient” to the Kremlin.  She discussed in detail other domestic applications of Russia’s counterterrorism criminal laws, including monitoring and storing of Russian citizens’ internet metadata, as well as labeling groups like Jehovah’s Witnesses as extremist organizations.  Russia’s counterterrorism policies may well have alienated segments of Russia’s Muslim population and led individuals to join extremist organizations such as the Islamic State and Hizb ut-Tahrir, Ms. Denber stated.       Dr. Carpenter asserted that active U.S.-Russia counterterrorism cooperation runs counter to U.S. interests and values—highlighting Russia’s penchant for claiming to be fighting extremism while actually punishing dissidents, notably individuals in Crimea critical of the ongoing occupation of the peninsula.  “A single mother was recently imprisoned on extremism charges because she had posted comments critical of Russia’s annexation of Crimea on her social media feed,” he said.    Dr. Carpenter’s experience in government led him to conclude, “Russia approaches counterterrorism from the position of counterintelligence;” when Russia cooperates, it is with the aim of eliciting information rather than pursuing common solutions. Using Syria as an example, he emphasized how Russian leadership does not think in win-win terms when it comes to counterterrorism, even when the U.S. does.  “Moscow will be happy, of course, to host dozens of international conferences, and will periodically suggest that a solution is within reach.  But at the end of the day, its interests are best served when Iran, Hezbollah and Assad are in power to make mischief in the region, because that’s when Russia’s influence with the Europeans, with Israel, and the Gulf States is at its peak,” he said.  Dr. Omelicheva added to these comments with an overview of lessons the Russian government has learned in past failed counterterrorism operations, including the Dubrovka Theater hostage crisis of 2002 and Beslan school siege of 2004.     “The key lesson that the government learned was that they have to have sufficient force to secure the perimeter of the counterterrorism operation, that they need to be able to constrain the freedom of movement, the freedom of mass media, and other types of freedom.” 

  • STANDARD FOR JUSTICE: JUNE 10, 2010

    By Annie Lentz, Kampelman Fellow On June 10, 2010, seven senior Bosnian Serb officials were convicted of war crimes by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). This was the largest trial to date held before the ICTY, which uncovered an organized and strategic attack against civilians and UN-protected safe areas in 1995 during the conflict in the Balkans. Bosnian Serb political and military leaders Radovan Karadžić and Ratko Mladic were later convicted of orchestrating the criminal plan. The trial began on August 21, 2006 and continued for 425 days until concluding on September 15, 2009. The inquiry featured testimony from 315 witnesses, with 5,383 exhibits of evidence totaling 87,392 pages. U.S. Helsinki Commission leaders expressed their support for the convictions handed down by the Tribunal, serving justice to those involved in the genocide of about 8,000 ethnic Bosniak men and boys residing in Srebrenica, an enclave  in Bosnia and Herzegovina which fell despite U.N. protection. Then-Chairman Sen. Ben Cardin said, “The ethnic cleansing that occurred in Bosnia was orchestrated by individuals who are now finally facing justice for their crimes. Others awaiting trial or who believe they may have escaped prosecution should take this as a sign that they too will answer for their crimes against humanity.” “The wheels of justice may not always turn as fast as victims’ families would like, but the convictions of Vujadin Popovic and Ljubisa Beara show the strength of the International War Crimes Tribunal to hold people to account,” said then-Co-Chairman Rep. Alcee L. Hastings. Following calls from Helsinki Commission leadership and other human rights advocates, the ICTY was established in reaction to the atrocities committed during the decade of conflicts in the former Yugoslavia. It was the first international attempt to hold political leaders accountable for war crimes, crimes against humanity, and genocide since the Nuremburg and Tokyo trials following World War II, and it established that the massacre committed in Srebrenica in July 1995 constituted genocide. Other crimes committed in Croatia, Bosnia and Herzegovina, and Kosovo included mass ethnic cleansing campaigns in which millions were displaced, thousands of women and girls were raped, and many others were detained and tortured.  The death toll in Bosnia and Herzegovina alone is believed to have exceeded 100,000 individuals.  The ICTY concluded its work in 2017, having indicted 161 individuals in connection to crimes during the conflicts in the Balkans while setting global precedents regarding cases of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions. Ninety offenders were sentenced to serve prison time in 14 European states. The Tribunal also set the standard for how such atrocities should be handled to achieve international justice. In December 2017, the Helsinki Commission organized a public briefing to assess the accomplishments of the tribunal and ongoing efforts to pursue justice for atrocities in the Western Balkans.    

  • A New European Parliament – How Will EU-U.S. Relations Change?

    By Andrew Carroll, Kampelman Fellow On June 6, 2019, the European Parliament Liaison Office in Washington, D.C, in cooperation with the Delegation of the European Union (EU) to the United States, the U.S. Helsinki Commission, and the EU Congressional Caucus, convened a panel discussion on the May 2019 EU Parliamentary elections, and the future of the EU-U.S. relationship.      New EU Ambassador to the U.S. Stavros Lambrinidis opened the event, which was held on the 75th anniversary of D-Day, by reflecting on the heroism and sacrifice of those who helped construct the rules-based system of freedom and order underpinning continued peace and security in Europe. Their contributions, he noted, are directly tied to last month’s European Parliamentary elections, which he hailed as a triumph for democracy following record voter turnout among EU Member States.  Dr. Mischa Thompson, Helsinki Commission director of global partnerships, policy, and innovation, delivered remarks on behalf of Helsinki Commission Chairman Rep. Alcee Hastings (FL-20). Chairman Hastings’ statement discussed the symbolism of the 75th Anniversary of D-Day, stating it was a “stark reminder of the power of allied U.S. and European strength in the face of threats to democracy.”  His comments also emphasized the close bond the U.S. shares with Europe, highlighting programs such as the Transatlantic Inclusion Leaders Network (TILN), which supports emerging leaders for the long-term prosperity of democracies on both sides of the Atlantic. Three European alumni of the TILN program were elected to the European Parliament in May. In the discussion that followed, moderated by Paul Adamson, Chairman of Forum Europe, panelists Heather Conley of the Center for Strategic and International Studies, Daniel Hamilton of Johns Hopkins University's School of Advanced International Studies, Kathleen McNamara of Georgetown University, and Antoine Ripoll of the European Parliament Liaison Office stressed the enduring importance of the U.S.-EU relationship amidst the changing political landscapes.  The panelists stressed security and economic ties, as well as the need to strengthen the relationship between the U.S. Congress and European Parliament on policy matters ranging from trade to counterterrorism and data privacy.  Speakers commented on the dramatic increase in voter turnout in the EU’s newest Member States in Central and Eastern Europe. They also noted the new composition of the European Parliament, which not only reflects losses by mainstream political parties, but also the entrance of new players; 60 percent of new MEPs have not previously held office in the body.  Discussants later fielded questions on subjects including EU defense integration, trade and investment, and U.S.-EU common policy towards China.      

  • Chernobyl

    By Rachel Bauman, Policy Advisor and Kyle Parker, Senior Senate Staff Representative Disaster In the early morning hours of April 26, 1986, during a safety test designed to simulate a power outage, a combination of operator error and inherent flaws in reactor design led to an explosion and fire at Chernobyl Nuclear Power Station’s Reactor 4. The graphite fire burned uncontained for nine days, releasing radioactive particles over most of Europe, contaminating Ukraine and neighboring Belarus most severely. It took nearly two full days for Soviet authorities to begin the evacuation of the approximately 50,000 residents of the nearby city of Pripyat, located just a mile away from the power station. A public admission of the accident only came on the evening of April 28 following diplomatic pressure on the Kremlin from the government of Sweden where, earlier that day, monitors at the Forsmark Nuclear Power Plant north of Stockholm had detected elevated radiation levels and suspected an accident in the Soviet Union. Given the secrecy of the Soviet system, the subjectivity of first-hand accounts, and the breakup of the Soviet Union, some of the why and how of what happened remain controversial. This amusement park in Pripyat was scheduled to open on May 1, 1986, a few days before the disaster. Less than six months after the disaster, construction began on nearby Slavutych, a city to replace Pripyat and house the displaced workers from the Chernobyl Nuclear Power Station and their families. Much work remained to be done to contain and assess the April disaster, not to mention run the remaining three reactors, the last of which ceased to operate only in December 2000. The formal decommissioning process of Reactors 1, 2, and 3 began in 2015 and will continue for decades. To this day, many residents of Slavutych board a special train for the power station’s workers transiting Belarus to enter the Exclusion Zone for work at the plant and nearby storage facilities for spent nuclear fuel. Consequences Thirty-three years after that safety test at Reactor 4 went fatally wrong, the nuclear disaster at the Chernobyl Nuclear Power Station remains the worst in world history, superseding the 1979 partial meltdown of a reactor at the Three Mile Island Nuclear Generating Station in Pennsylvania and eclipsing the meltdown of three reactors at Japan’s Fukushima Daiichi Nuclear Power Plant following damage sustained by a catastrophic tsunami in 2011. The accident at Three Mile Island remains the worst in the history of U.S. commercial atomic energy and ranked a 5 (accident with wider consequences) on the International Atomic Energy Agency’s scale of assessing nuclear and radiological events. Chernobyl and Fukushima are the only two disasters to ever be ranked as a 7 (major accident), the scale’s maximum. Due to the differences in the half-lives of the specific contaminants, a full remediation and resettlement around Fukushima holds far greater promise than around Chernobyl. If radioactive leakage can be fully contained at Fukushima, there is a chance that the area could be declared completely safe for permanent human habitation in less than 100 years. By comparison, the first zone of exclusion immediately surrounding Chernobyl’s Reactor 4 is likely to remain unsafe for permanent habitation for thousands of years. The total human, environmental, and financial cost of the disaster is fraught with obvious political sensitivities, but even in the scientific realm, significant disputes remain. The unprecedented magnitude of the Chernobyl nuclear disaster frustrates efforts to draw a definitive conclusion on the lingering effects of the explosion and fire of 1986. While there is wide agreement that somewhere between 30 and 50 people died in the immediate aftermath as a direct result of the accident, consensus breaks down over estimates of a longer-term assessment of deaths attributable to the radioactive fallout from the disaster. Shortly after the disaster, a zone of approximately 1,000 square miles around Reactor 4 was established, evacuated, and condemned for permanent human habitation. This area—known as the Exclusion or Alienation Zone—has begun the long process of being reclaimed by nature. The area is divided between Zone 1 and Zones 2 and 3. The first zone is the immediate vicinity around the Chernobyl Nuclear Power Station and comprises roughly 15 percent of the total Exclusion Zone. It is also contaminated with transuranium elements that decay over a period of thousands of years, placing this area off-limits indefinitely. Zones 2 and 3 comprise the remaining territory and were largely contaminated with elements that decay much faster. Some of this shorter-term contamination is already gone and the rest could be gone in the coming decades. The Exclusion Zone is as alive as it is hauntingly empty. Forests encroach on what were once fertile fields. Butterflies flutter above concrete cracked open by saplings. Wild horses roam by day and wolves by night, and entropy takes its toll on man-made construction. It almost seems that the flora and fauna suffered more from proximity to humans than they now do from lingering radiation in the contaminated soil—a phenomenon known as the ecological paradox. Containment In those first critical hours after the explosion, when firefighters heroically battled a radioactive blaze, efforts were made to erect temporary barriers around the damaged core of Reactor 4. Those emergency efforts continued once the fire was out, but the hasty construction allowed radiation to continue to escape the confines of the reactor and was structurally unsuitable for containing the deadly transuranium elements inside. In 2018, with the support of the international donor community, Ukraine completed construction on the New Safe Confinement facility designed to safely entomb Reactor 4 for as long as 100 years. Helsinki Commission policy advisor Rachel Bauman inside the structure containing Reactor 4. Support from the West, most notably the United States, is critical to safety. Currently, Western contractors are working with Ukrainian partners to complete the construction of a long-term storage facility for spent nuclear fuel from other reactors across the country. Construction is reportedly on, or slightly ahead of, schedule on this facility that is planned to eliminate Ukraine’s need to contract with Russia for its growing storage needs. Protecting the public from the widely dispersed radioactive particulate found within the Exclusion Zone is the main reason for the establishment of the zone itself as well as the multiple checkpoints encountered when leaving the zone. The most immediate danger to further contamination of habitable areas beyond the Exclusion Zone are wildfires; their smoke disperses contaminated debris into the atmosphere and in the direction of prevailing winds. Ukrainian firefighters have trained regularly with firefighters from the American West as they execute what is not only a domestic priority, but an international responsibility. Other regular challenges to the safe administration of the Exclusion Zone are trespassers pursuing adventure, souvenirs, or wild game. Risks include not only the obvious danger of radiation exposure, but also crumbling construction and poor communications should a rescue be needed. Trespassers also risk the safety of the broader public by inadvertently transporting radioactive materials outside the Exclusion Zone. A final, and enduring, challenge to securing the Exclusion Zone lies with waning public interest and thus political pressure to devoting scarce financial resources to protect this beautiful but contaminated landscape for the long term. The Future Government authorities plan to use Exclusion Zone 1 for dangerous industrial activities such as storing spent nuclear fuel or developing massive solar panel farms designed to replace some of the electricity that was once generated by the power station’s four reactors. The remainder of the Exclusion Zone will serve as a buffer between habitable areas and Zone 1 as well as a unique nature preserve and massive open-air laboratory to study any lingering effects of the disaster. Construction site of a future spent storage facility. As the passage of time has made parts of the Exclusion Zone safer, more and more visitors come to learn about those tragic events of the spring of 1986. Locals are beginning to tap a developing market for nuclear tourism, fueled by politicians, scientists, and thrill-seekers. When leaving the Exclusion Zone and passing through the last checkpoint, travelers are greeted by tour buses, flag-carrying guides, and a roadside kiosk selling cheap t-shirts. Increasing interest in Chernobyl tours, and particularly the photogenic abandoned town of Pripyat, ensure a steady stream of income. The city may no longer generate power, but it continues to generate interest.

  • Chairman Hastings Commemorates Eid al-Fitr

    WASHINGTON—In commemoration of Eid al-Fitr, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) today issued the following statement: “Today, I join Muslim communities across the OSCE region and around the world to celebrate Eid al-Fitr, which marks the end of the holy month of Ramadan. As Muslims have spent the last month observing Ramadan, they have devoted time in peaceful reflection and prayer, built stronger ties with other communities—religious and non-religious—to ponder our common values, and served those who are suffering from starvation, sickness, and conflict. “Sadly, during these cherished celebrations, we also must mourn recent horrific attacks around the world on places of worship, which targeted believers of nearly every religion. In the aftermath of such tragedies, faith communities joined hands to fend off those who try to exploit differences in the service of evil. In Pittsburgh, the Jewish community sought donations for the Christchurch mosque victims in New Zealand. An American Muslim crowdfunding campaign raised money for the Tree of Life synagogue victims in Pittsburgh. Local churches and synagogues in Connecticut stepped forward to help rebuild the New Haven mosque that arsonists destroyed. These examples are precisely what the spirit of Eid inspires: to spread harmony and build coalitions that promote change.  “On behalf of the U.S. Helsinki Commission, I wish those celebrating a blessed and festive celebration. Eid Mubarak.”

  • Moldova Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON— The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: WHY MOLDOVA MATTERS Tuesday, June 4, 2019 10:00 a.m. Cannon House Office Building Room 121 Live Webcast: www.facebook.com/HelsinkiCommission Though typically viewed as a state torn between Russian influence and the West, Moldova faces not only external problems but also serious internal challenges. Following February elections marked by corruption and vote-buying, Moldova’s deeply divided parliament now must attempt to form a governing coalition. In addition, five years after Moldova signed an accession agreement with the European Union, questions remain about whether the country is willing—or even able—to undertake the comprehensive reforms required to join the EU. This briefing will explore these and other issues against the background of the continuing Transnistria dispute and Moldova’s precarious role in the region. The following panelists are scheduled to participate: Jamie Kirchick, Journalist and Visiting Fellow, Brookings Institution Dr. Cory Welt, Specialist in European Affairs, Congressional Research Service H.E. Cristina Balan, Ambassador of the Republic of Moldova to the United States

  • The Economic Dimension

    Economic, scientific and environmental cooperation were grouped together in the 1975 Helsinki Final Act and form the economic dimension of the Organization of Security and Cooperation in Europe (OSCE). Based on the view that trade, as well as scientific and environmental collaboration, enhance security, OSCE efforts in this area are designed to facilitate and build on the transition from command to market economies, to lessen economic disparities between participating States, and to combat economic and environmental threats to security. Within the economic and environmental dimension, as it is generally referred, the OSCE countries have adopted a wide range of commitments designed to foster free market economies and enhance economic cooperation, including better economic and commercial information and improved business contacts and facilities. They have also agreed on industrial cooperation measures such as harmonization of standards and arbitration of disputes. Additionally, this dimension includes cooperative efforts in the fields of science (such as physics, chemistry, meteorology, oceanography, space research) and technology (e.g., energy, new technologies, computer technology). With respect to the environment, participating States have committed to study bilateral and multilateral environmental problems and ways to increase the effectiveness of national and international protection measures. Areas of specific interest include trans-boundary air and water pollution, marine protection, and protection of the Mediterranean environment. Key Economic and Environmental Commitments The 1975 Helsinki Final Act, the 1983 Madrid Concluding Document and the 1989 Vienna Concluding Document contained general commitments on cooperation in the economic and environmental spheres. The 1990 Charter of Paris and the Concluding Document of the Bonn Conference on Economic Cooperation in Europe, also from 1990, articulate the aim of the OSCE participating States to usher in a new era of economic relations and exchanges following the collapse of communism. These documents contain commitments designed to develop free and competitive market economies as well as environmentally sustainable economic growth and development. The 1999 Istanbul Charter for European Security broke new ground in the economic commitments as it was the first time that the participating States collectively recognized that corruption poses a great threat to the OSCE’s shared values. The countries, at Istanbul, committed themselves to combat corruption and the conditions that foster it. The 2003 Maastricht Ministerial Council updated the Bonn Economic Strategy document by adopting concrete measures designed to foster sustainable development, improve corporate governance, promote regional integration and overall to address the uneven economic development among OSCE States and to address the emergence of new threats to security and stability. The OSCE Economic Forum With the collapse of communism, states in Central and Eastern Europe as well as those of the former Soviet Union embarked on a difficult process of economic transition. This transition has been threatened by high unemployment, corruption and weak rule of law, factors that hinder investment, impede economic growth and fuel illegal economic activities. Environmental degradation, mismanagement and uneven distribution of natural resources have also caused tension in communities and between countries. In the early 1990s, the United States attempted to give political stimulus to the dialogue on the transition to free market economies and to suggest practical efforts to assist in their development. Thus, in 1992 the OSCE Economic Forum was created as an annual conference designed to enhance dialogue on the transition to free-market economies; suggest practical means of developing free-market systems and economic cooperation; provide an annual focus for activities by targeting major issues of economic or environmental concern; contribute to the elaboration of specific recommendation and follow-up activities; and review the implementation of the participating States' commitments described in key documents. OSCE Projects The OSCE economic and environmental commitments, and activities of the OSCE in this area, reflect the desire of participating States for economic development that contributes to stability and treats citizens fairly. The Office of the Coordinator of OSCE Economic and Environmental Activities under the OSCE Secretariat, was created in 1997 to strengthen the ability of the Permanent Council and the OSCE institutions to address economic, social and environmental aspects of security. For example, labor migration within the OSCE region allows for an important source of income for residents of less-developed countries who are able to find work in more economically vibrant countries. With this opportunity also comes the risk of trafficking or exploitation. The OSCE has developed a “Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and Destination” in conjunction with the International Organization for Migration (IOM) and the International Labour Organization (ILO). This handbook serves as a discussion point and best practices guide for participating States seeking to develop effective regional labor migration management. Part of the OSCE’s effort to combat human trafficking is also encompassed in this work. Lack of economic opportunities, unemployment and loss of social cohesion are the main factors that contribute to women's and children's, but also men's vulnerability to trafficking. The Economic Coordinator’s office has developed an Anti-Trafficking Programme on Public-Private Co-operation in the Prevention of Trafficking in Human Beings (ATP). The ATP aims at addressing both the demand and supply side of trafficking in human beings by promoting self-regulation of the private sector; awareness-raising in countries of destination, in particular in Western countries; and creating economic empowerment opportunities for potential victims of trafficking in countries of origin. The environment is also recognized as a key factor in not only economic development, but security as well. Environmental degradation, resource scarcity, the uneven distribution of natural resources or resource abundance are emerging as potential triggers or accelerating factors of tensions within and among states. One of the ways the OSCE is addressing environmental issues is through the Environment and Security Initiative (ENVSEC) that provides a framework for cooperation on environmental issues across borders and promoting peace and stability through environmental cooperation and sustainable development. The Helsinki Commission’s Role The Commission on Security and Cooperation in Europe (the Helsinki Commission) is a U.S. Government agency, established in 1976 pursuant to Public Law 94-304, mandated to “monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act of the Conference on Security and Cooperation in Europe…” While particular emphasis was given to “provisions relating to Cooperation in Humanitarian fields,” today known as the human dimension, the Commission has also focused attention on the economic and environmental dimension of the OSCE, including related commitments and decisions. Activities in recent years have included hearings stressing the importance of democratic governance, transparency and the role of civil society as well as a hearing specifically focused on the lingering consequences of the Chornobyl disaster. Initiatives have also been undertaken on topics ranging from ethics standards and parliamentary immunity to combating corruption and international crime.

  • Curbing Corruption through Corporate Transparency and Collaboration

    The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing examined these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists discussed how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists also discussed the lessons that the United States can draw from the British experience. John Penrose, M.P., U.K. Prime Minister’s Anti-Corruption Champion, explained the reputational risks associated with money laundering in the U.S. and U.K. financial markets to the rules-based system. Penrose explained the British approach of establishing a beneficial ownership registry, saying, “What we are trying to do in the U.K. is we are trying to set up something which will effectively create a global norm to say let’s all have some kind of a register about who owns and controls these companies.  We’re not asking for the moon.  As I said, we don’t need to know everybody who owns a piece of every company.  We just need to know who the controlling minds and the controlling interests are.” Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead at the British Embassy in Washington, covered the issues the U.K is facing with their beneficial ownership policy. Kitt explained, “One challenge we have is feedback to financial institutions on suspicious activity reports. Often, financial institutions will submit suspicious activity reports and they don’t hear any feedback as to actually what was the utility of that, how useful was that.” Even considering the difficulty the policy has experienced, Kitt maintained, “It’s not just a talking shop; it delivers. And… it’s assisted in identifying and restraining in excess of £9 million.  So, the results are palpable.” Mark Hays, Anti-Money Laundering Campaign Leader at Global Witness and the sole American panelist, reflected on his company’s investigations into corruption: “Simply put, if the U.S. wants to continue to show this leadership we need to match the U.K.’s efforts in establishing some modicum of disclosure for beneficial ownership transparency for companies.” Hays continued, “If we don’t, not only will we be failing to live up to this leadership test, but we will put ourselves at greater risk for becoming a haven for bad actors and their ill-gotten gains.” Nate Sibley, Research Fellow for the Kleptocracy Initiative at the Hudson Institute, spoke to how the UK’s policies could transfer to the U.S. Sibley described a House Financial Services Committee bill, “introduced by Representative Carolyn Maloney called the Corporate Transparency Act,” that ensures companies disclose beneficial owners. He went on to explain that the bill “would create a private beneficial ownership register. So not a public one like they have in the U.K., but one that was accessible only to law enforcement, under very strict and controlled circumstances.” Sibley outlined the ways that the U.S. federal system changes the prospect of the registry logistics, but maintained that it would still work in the U.S.

  • Shady Shipping

    Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event examined what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists also discussed the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists recommended practical steps the United States and non-governmental organizations can take to counter TBML. David Luna, President and CEO of Luna Global Networks, shared his insights on the dark side of globalization and how it fits into the TBML paradigm. Luna outlined the need to increase understanding of the networks between illicit commerce and money laundering across legal and illegal means through convergence crimes. He spoke to the methodologies of “cleaning dirty money” utilized by kleptocrats, criminal organizations, and terrorist groups, while expressing the importance of tracing money and the value of goods to expose illicit crimes. Luna cited a 2015 World Economic Forum report to support his points, which estimated the value of transnational criminal activities between 8-15 percent of Gross Domestic Product, even by conservative standards, totaling around 80 trillion in the US market. John Cassara, retired Special Agent of the U.S. Department of the Treasury, spoke about the confusion surrounding TBML, both in understanding and enforcement. He explained that TBML is the largest method of money laundering because of excess ways to commit it: customs fraud, tax evasion, export incentive fraud, evading capitol controls, barter trade, and underground financial systems. Cassara explained how money is transferred under the noses of customs enforcement by undervaluing or overvaluing an invoice of an otherwise legal trade. Cassara asked, “If our highly trained police force can’t catch this, what about the rest of the world?” Lakshmi Kumar, Policy Director at Global Financial Integrity, described the difficulty with tracking TBML, both domestically and internationally. She outlined how domestic policy and law complicates internal tracking, while the lack of consistent transnational collaboration and information sharing complicates international tracking. Kumar spoke to the components of the trade chain and how hard it is to watch all the mechanisms with due diligence. Explaining the role of banks, Kumar noted that 80 percent of all international trade occurs through open account trading, in which banks aren’t involved or able to offer oversight. This allows for trade profits to be separated into various accounts, tricking the customs and enforcement agencies to enforce a lower level of taxation on the profits and the freights and allowing for TBML. In summary, even with world class law enforcement, the U.S. legal and financial frameworks needs to catch up in order to adequately combat TBML.

  • Chairman Hastings on Confirmation of Ambassador Gilmore as U.S. Representative to the OSCE

    WASHINGTON—Following yesterday’s confirmation of Ambassador James S. Gilmore as the U.S. Representative to the Organization on Security and Cooperation in Europe (OSCE), Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I congratulate Ambassador Gilmore on his confirmation as the U.S. Representative to the Organization for Security and Cooperation in Europe and look forward to working with him to promote human rights and comprehensive security in Europe and Central Asia. A strong U.S. voice at the OSCE is essential to demonstrating our dedication to common values and continuing to advance implementation of OSCE commitments.”

  • Helsinki Commission to Hold Briefing on UK Anti-Corruption Policies

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: CURBING CORRUPTION THROUGH CORPORATE TRANSPARENCY AND COLLABORATION The British Model Wednesday, May 29, 2019 9:00 a.m. Rayburn House Office Building Room 2128 Live Webcast: www.facebook.com/HelsinkiCommission The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing will examine these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists will discuss how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists will also discuss the lessons that the United States can draw from the British experience. Opening remarks will be provided by John Penrose, M.P., the U.K. Prime Minister’s Anti-Corruption Champion. The following panelists also are scheduled to participate: Mark Hays, Anti-Money Laundering Campaign Leader, Global Witness Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead, British Embassy Washington Nate Sibley, Research Fellow, Kleptocracy Initiative, Hudson Institute

  • Helsinki Commission and House Financial Services Committee Announce Joint Briefing on Trade-Based Money Laundering

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, in partnership with the House Financial Services Committee, today announced the following joint briefing: SHADY SHIPPING Understanding Trade-Based Money Laundering Friday, May 24, 2019 9:30 a.m. Rayburn House Office Building Room 2360 Live Webcast: www.facebook.com/HelsinkiCommission Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through the use of trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event will examine what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists will also discuss the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists will recommend practical steps the United States and non-governmental organizations can take to counter TBML. The following panelists are scheduled to participate: John Cassara, Special Agent, U.S. Department of the Treasury, retired Lakshmi Kumar, Policy Director, Global Financial Integrity David Luna, President and CEO, Luna Global Networks

  • Conference on Security and Cooperation in Europe and Organization for Security and Cooperation in Europe (OSCE) Commitments Regarding Freedom of Religion or Belief

    The 57 participating States of the Organization for Security and Cooperation in Europe have repeatedly committed to recognizing and respecting freedom of religion or belief. The 35 participating States of the Conference on Security and Cooperation in Europe–the forerunner of the OSCE–signed the Helsinki Final Act of 1975, which included: “The participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” The OSCE’s Office of Democratic Institutions and Human Rights has staff dedicated to freedom of religion or belief, led by a senior advisor. ODIHR legal reviews to help participating States comply with their OSCE commitments have included existing law and draft legislation on freedom of religion or belief. ODIHR only conducts such reviews after receiving a formal invitation from a participating State. A panel of OSCE/ODIHR experts on freedom of religion or belief assists OSCE/ODIHR, and the ODIHR director appoints the panel’s 14 members every three years. This compilation, developed by Helsinki Commission staff, covers CSCE/OSCE commitments on freedom of religion or belief in 16 documents from the Final Act to the OSCE Ministerial Council in 2015. It includes the document title, excerpted text, and links to the original document. Participating States have also made commitments relating to discrimination or hate crimes base on religion or belief. Some examples are in “OSCE Human Dimension Commitments: Thematic Compilation.” This Helsinki Commission compilation only includes commitments on freedom of religion or belief. The Commission will update the compilation when new commitments on freedom of religion or belief are made.

  • Chairman Hastings on Upcoming Meeting Between President Trump and Prime Minister Orban

    WASHINGTON—Ahead of Monday’s meeting between U.S. President Donald Trump and Hungarian Prime Minister Viktor Orban, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Thirty years after Central European nations threw off the mantle of communism and oppression, I recall the unwavering support of the United States for the democratic aspirations of their citizens, and the warm welcome Hungary received when it joined the ranks of self-governing, free nations. I echo Secretary’s Pompeo’s message, delivered in Central Europe in February: Upholding democracy in each and every country is vital to human freedom. “President Trump must urge Prime Minister Orban to end Hungary’s anti-Ukraine policy at NATO, resolve concerns about the relocation of the Russian International Investment Bank to Budapest, ensure that Hungary’s ‘golden visas’ are not used to evade U.S. sanctions, and address document security problems to ensure the integrity of the visa waiver program. In addition, the president must prioritize meaningful democratic change in Hungary and encourage the Hungarian Government to repeal the 2017 and 2018 laws curtailing freedom of speech, assembly, and association.” U.S. authorities have identified at least 85 criminals who fraudulently obtained Hungarian passports to enter or attempt to enter the United States. At an April 2019 Helsinki Commission briefing, Dalibor Rohac of the American Enterprise Institute noted that the chairman of the International Investment Bank has long-standing ties to Russian intelligence agencies, raising concerns that the relocation of the bank from Moscow to Budapest could provide a platform for intelligence-gathering operations against U.S. allies. In April, U.S. Special Representative to Ukraine Kurt Volker visited Budapest and urged Hungary to end its anti-Ukraine policy in NATO. In February, during a visit to Slovakia, Hungary, and Poland, U.S. Secretary of State Mike Pompeo said, “Every nation that raises its voice for liberty and democracy matters, whether that’s a country that’s as big as the United States and with as large an economy as we have in America, or a smaller country. They’re each valuable. Each time one falls, each time a country – no matter how small – each time it moves away from democracy and moves towards a different system of governance, the capacity for the world to continue to deliver freedom for human beings is diminished. And so I would urge every country, no matter its size . . . to stay focused, maintain its commitment.”

  • Power and Politics

    At this Helsinki Commission briefing, panelists explored the state of institutional resilience and political context for the election of Volodymyr Zelenskiy as Ukraine’s next president on April 21, 2019. This briefing also explored implications for transatlantic engagement and opportunities for reforms on issues related to the rule of law, media freedom, and corruption.

  • Ukrainian Elections Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: POWER AND POLITICS Implications of Ukraine’s Presidential Elections Thursday, May 9, 2019 2:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.facebook.com/HelsinkiCommission At this Helsinki Commission briefing, panelists will explore the state of institutional resilience and political context for the election of Volodymyr Zelenskiy as Ukraine’s next president on April 21, 2019.  This briefing will explore implications for transatlantic engagement and opportunities for reforms on issues related to the rule of law, media freedom, and corruption. The following panelists are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement Natalie Sedletska, Journalist and Host, Radio Free Europe/Radio Liberty Ukrainian Service Additional panelists may be added.

  • Hastings and Wicker Mark World Press Freedom Day

    WASHINGTON—On World Press Freedom Day, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “On World Press Freedom Day, we reflect on the importance of the free media to the strength of our own democracy and to the cause of freedom worldwide. Freedom of speech is a fundamental right we cannot take for granted. If we do, we weaken our ability to fight corruption, speak truth to power, and defend the disadvantaged and oppressed. “Throughout the OSCE region, journalists working in conflict zones or under authoritarian regimes regularly risk their freedom and their lives to show the world the truth. They persist in the face of intimidation, arrest, and even the threat of physical violence. We honor their work and pledge to protect journalists around the globe, to support independent journalism, and to foster transparency on the part of our government and governments worldwide.”

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