Title

Review of Implementation of Basket II of the Helsinki Final Act

Thursday, March 06, 1980
10:10am
Room 2172, Rayburn House Office Building
Washington, DC 20515
United States
Witnesses: 
Name: 
Hon. Deane R. Hinton
Title: 
Assistant Secretary for Economic and Business Affairs
Body: 
U.S. Department of State
Name: 
J. Mishell George
Title: 
Acting Deputy Assistant Secretary for East-West Trade
Body: 
Department of Commerce
Name: 
James H. Giffen
Title: 
President
Body: 
Armco International, Inc.

This hearing, which Commissioner Jonathan B. Bingham chaired, was a joint meeting of the Commission on Security and Cooperation in Europe and the Subcommittee on International Economic Policy and Trade of the House Foreign Affairs Committee. These organizations held this hearing after the establishment of a new strategy by the U.S. in its relations with the Soviet Union. More specifically, the month before this hearing, the CSCE adopted a resolution condemning the Soviet invasion of Afghanistan and the arrest and exile of Andrei Sakharov as blatant violations of the Helsinki Final Act. Commissioner Millicent Fenwick, who was also one of the sponsors of legislation creating the CSCE, proposed this resolution.

Likewise, the resolution called on the signatory states of the Final Act to join in such protest and undertake such sanctions against the former U.S.S.R. as may be available to them. The hearing itself, then, focused on the current status and prospects of U.S. commercial and economic relationships with the U.S.S.R. and Eastern European countries, implementation of Basket II, efforts to promote better implementation, and the impact the Soviet violation of the Helsinki accords in Afghanistan would have on the Madrid Review Session and the CSCE process as a whole.

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  • Half Measures Are Worse Than Nothing in Ukraine

    Europe begins the new year on the brink of major war. Russia has amassed more than 100,000 troops and heavy equipment along Ukraine’s border and issued an ultimatum to the West demanding it trade Ukraine’s sovereignty in exchange for its peace. Such demands are a strategic nonstarter, but the seriousness of the Kremlin’s threats appear all too real. To stop this war before it begins, muddling through is not an option; this demands immediate and bold action. Russia claims its 100,000-plus troops at Ukraine’s doorstep is a response to NATO enlargement and its infrastructure in Ukraine and Eastern Europe. These arguments are unconvincing. The Kremlin has used NATO as a straw man for its grievances, yet Russian disquiet has little to do with NATO itself, which has no immediate plans to expand anywhere near Russia and would not threaten Russia if it did. Although the United States and its European partners have provided material and technical military assistance to Ukraine, it has not changed the region’s balance of power. Instead, Russia’s demands evince anxiety over global status and the possibility that its borderlands may be able to escape from its grip. In particular, Ukraine has the size and industrial capacity to make it a credible economic and military power regardless of whether it joins NATO. For Russia, a strong and hostile Ukraine is intolerable, even though Russian aggression husbanded Ukraine’s pro-West turn. By supporting Donbass separatism and annexing Crimea, the Kremlin stoked patriotism in Ukraine, lanced Ukraine’s most Russia-friendly population, and earned Kyiv’s hostility. Ukraine is not the only country for which this applies, but it may be the most significant given its size, geography, and symbolic position in official Russian neoimperial mythology. War should be avoided at all reasonable costs. Another invasion would risk tens of millions of lives and further undermine Europe’s increasingly fragile security. The United States and Europe should be willing to negotiate in good faith to avoid wider conflict—so long as Ukraine, Georgia, and Eastern Europe’s sovereignty are preserved. However, acceding to Russia’s maximalist demands would strip Ukraine of its already battered sovereignty and invite a new Iron Curtain over Europe—consigning many millions of people to generations of domination and conflict. History and international relations theory may offer some guidance in this crisis. In the runup to the Peloponnesian War between the sprawling Athenian league and Sparta’s opposing empire, Athens faced a dilemma between its ally Corcyra and Corinth, a powerful member of the Spartan alliance. As chronicled by classical historian Donald Kagan in his On the Origins of War: And the Preservation of Peace, Corcyra called on Athens for protection, but Athens was anxious to intervene lest it precipitate a ruinous great-power war with Sparta, which was increasingly fearful that Athens, the rising force in Greece, would eclipse Spartan power. Yet Athens worried that abandoning Corcyra would undermine its alliances and invite Spartan aggression. As a compromise, Athens deployed a mere 10 ships out of its vast 400-ship fleet to join the Corcyraeans in the hopes that it would be enough to deter Corinth’s advancing 150-ship armada. However, as Kagan notes, Athens’s symbolic deployment was not strong enough to deter Corinth—much less defeat it—but too aggressive to completely assuage Spartan fears about Athenian ambitions. In the ensuing Battle of Sybota, the Corinthian armada destroyed the combined Corcyraean-Athenian fleet, launching a spiral of events that led to the devastating Peloponnesian War. As the United States deliberates with its partners and allies to craft countermeasures against Kremlin aggression, the West should avoid its own 10-ship trap. In some ways, NATO’s 2008 Bucharest summit decision is an example, where the alliance promised eventual membership to Georgia and Ukraine without a concrete pathway. This compromise left Georgia and Ukraine vulnerable while stoking the Kremlin’s strategic anxieties. The recently departed Columbia University political scientist Robert Jervis considered such problems in his international relations theory classic Perception and Misperception in International Politics. Jervis weighed deterrence against a “spiral” model, which posited that counterescalating in response to perceived escalation could provoke the opposite of the intended response. An attempt at deterrence could instead be viewed as further provocation. While deterrence preaches strength and resolution, the spiral model generally counsels conciliation. However, Jervis theorized that while the deterrence and spiral models are often presented as opposing, generalizable theories, their usefulness varies with the circumstances. He surmised that deterrence is applicable between two powers with genuinely incompatible positions, and the spiral model best applies to disputes between status quo powers where their perceived incompatibility is mostly illusory. One exercise Jervis suggests is to interrogate evidence that the second power is not engaged in revisionist aggression. In this case, a charitable reading of Russian actions suggests that Russia’s grievances are oriented to the security situation on its borders—the “belt of Russia’s vital interests.” In this interpretation, Russia’s historical influence along its borders need not be a cause for alarm on its own, much less for war. Indeed, if arms limitations and codes of conduct represent an acceptable compromise to defuse the present crisis without sacrificing the freedom or sovereignty of the states on Russia’s border, this is worth pursuing. However, which vital interests necessitate Russian dominion over its periphery? Although Russia’s perceptions of insecurity may be real, it is demonstrably not materially insecure, with a large, full-spectrum, and sophisticated military that is arguably the most powerful in Europe. Russia’s neighbors are far weaker, Western states largely disarmed after the Soviet Union’s dissolution, and remnant Allied forces remained in Western Europe in compliance with the NATO-Russia Founding Act, even as Russia has significantly militarized. And Russia’s economic fortunes are far better served by peace and integration with the West, not conflict. However, the stability and integrity of European security architecture as enshrined in the Helsinki Final Act remain fundamental to U.S. national security. Any countenance of the Kremlin’s broader abrogation of that framework and the restoration of a new Yalta Conference would reverse decades of peace and prosperity—and likely drive continental militarization that would only compound Russian security anxieties and conflict. It appears the West and the Russian regime’s positions are indeed incompatible. In response, the United States and its allies must be wary of the 10-ship trap. Although caution is often a virtue in national security and foreign policymaking, a moderate response to the enormity and notoriety of Russia’s belligerence would likely neither protect Ukraine nor satisfy Russian imperial appetites. Broad economic sanctions on their own are likely to be sufficient to forestall an invasion; and token, light deployments behind NATO’s high walls while Ukraine burns will inflame Kremlin paranoia without arresting or appreciably punishing Russian militarism. Negotiations and diplomacy should be given the time to work, and any kind of durable solution is unlikely to completely satisfy either party. However, the United States and its allies should undergird these talks with serious and significant measures to prevent another, greater war in Ukraine before it begins. As in Corcyra, half measures are unlikely to ameliorate the crisis and may only exacerbate them. What, then, do full measures look like? The critical factors here are speed and plausibility: steps that not only can be taken quickly but that Russia will believe Washington will carry through. Although economic sanctions have been broadly regarded as useful tools in this regard, most measures being envisioned are likely already baked into Russian calculations or may not have an immediate effect. In addition, the United States—and Europe, if it is willing—should significantly curtail Russian energy imports and aim to wean Russian hydrocarbons from European markets entirely—perhaps even going so far as to employ Defense Production Act authorities to stockpile and potentially surge liquefied natural gas and other fuel alternatives to Central and Eastern Europe. Boosting other energy sources on a strategic scale could also accompany this approach. Moscow must be convinced that military aggression will only dramatically increase and complicate what it believes are its existing security vulnerabilities. Toward that end, the United States and Europe could begin studying withdrawal from the NATO-Russia Founding Act, and planning can begin in earnest for repositioning heavy forces in Europe in the event of a wider Russian war. NATO can signal that new European applications for NATO membership would be welcomed and expediently ratified (perhaps even pre-ratified in some form), particularly from Sweden and Finland, should Russia go through with its militaristic gambit. Washington could also consider scenarios to provide aspirants—Ukraine, Georgia, and potentially the Nordics—with bilateral treaty guarantees prior to NATO accession. In Corcyra, the compromise of 10 Athenian ships only served to anger Corinth and Sparta as well as fed beliefs that war was not only necessary but an urgent enterprise. Against the colossal coercive symbolism and military reality posed by the Russian buildup—and the even greater weight of the Kremlin’s demands—the United States and Europe should prepare responses to match the moment. Michael Hikari Cecire is a senior policy advisor at the U.S. Helsinki Commission. 

  • Helsinki Commission Marks One-Year Anniversary of Navalny’s Imprisonment

    WASHINGTON—Ahead of the one-year anniversary of Alexei Navalny’s arrest on January 17, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: “In the past year, while Alexei Navalny has remained unjustly imprisoned, the Kremlin has doubled down on its absurd persecution of his anti-corruption organizations as ‘extremist,’” said Chairman Cardin. “Nevertheless, Mr. Navalny’s colleagues, friends and allies, in the face of grave threats, continue to risk their own freedom to expose Putin’s thuggery across Russia.” “Putin would not have gone to the trouble to imprison Alexei Navalny unless he perceived a serious threat to his power,” said Co-Chairman Cohen. “Mr. Navalny and his team across Russia were instrumental in revealing the ill-gotten gains of Putin and his cronies. This tells you all you need to know about why they are a target.” “During his imprisonment, Alexei Navalny has used his own suffering to call attention to the plight of the hundreds of other political prisoners in Russia,” said Sen. Wicker. “We have not forgotten him or others who are persecuted for their beliefs, and we look forward to a Russia in which they finally are free.” “Despite the Kremlin’s attempts to push Alexei Navalny out of public view and prevent him from challenging Putin, we will not stop calling for his release,” said Rep. Wilson. “Russians who challenge Putin should not have to fear for their safety in their own country.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and was arrested at the airport. In February, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. Previous time served under house arrest reduced his prison time to two years and eight months. In June, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations, essentially outlawing these groups and criminalizing their activity. In September, Russian authorities opened a new probe against Navalny and his closest associates for creating and directing an “extremist network.” This, combined with other ongoing criminal investigations, could lead to additional jail time for Navalny and threaten those associated with his organizations, many of whom have been forced to flee Russia.

  • Russia sent troops near Ukraine and to Kazakhstan. The U.S. is watching and waiting

    Transcript   SCOTT SIMON, HOST: The Biden administration is heading into an intense week with Russia. The U.S. has already condemned the massing of tens of thousands of Russian troops along the border with Ukraine. But the White House seems to be taking a different approach to Russian involvement in the former Soviet Republic of Kazakhstan. NPR's Michele Kelemen explains. MICHELE KELEMEN, BYLINE: First, a word on why Kazakhstan matters to the U.S. Senator Ben Cardin, who chairs the U.S. Commission on Security and Cooperation in Europe, puts it this way. BEN CARDIN: It does bridge between Russia and China, Asia and Europe. It really is one of the key locations. It is a country that's rich in resources. It's a country that has a critical location from a security point of view, from a counterterrorism point of view. KELEMEN: U.S. companies are heavily invested in Kazakhstan's energy sector, and the U.S. saw the country as a relatively stable, though not a democratic partner. Cardin, who was speaking via Skype, says he was disappointed to see Kazakhstan's president invite in troops from the Collective Security Treaty Organization, a group of ex-Soviet states led by Russia. CARDIN: When Russia sends troops, they rarely remove those troops. And it's not what the Kazakhs need. It's not what the people need in that country. KELEMEN: The latest turmoil started with protests over gas prices and corruption. But some major cities also saw mobs taking over government buildings. And experts point to another layer of conflict, an attempt by the country's president, Kassym-Jomart Tokayev, to sideline other government elites linked to Kazakhstan's longtime ruler, Nursultan Nazarbayev. And in that complex picture, the U.S. has little leverage, according to Emma Ashford of the Atlantic Council. EMMA ASHFORD: Even if we wanted to intervene, even if there was a clear side upon which we thought we could intervene - which I don't think there is - we just don't have that much leverage in Kazakhstan. We have limited ties in the country, and they're almost all commercial in the energy sector. KELEMEN: She thinks the U.S. needs to be cautious and not feed into Russian conspiracies. ASHFORD: We know that Vladimir Putin in particular, you know, the Russian government, has this historical tendency to see American fingers in every pot - you know, American action in every protest in the post-Soviet space. And even though that's not true, I think we should probably avoid giving the impression that we're going to get more involved. KELEMEN: Secretary of State Antony Blinken has been on the phone with his counterpart in Kazakhstan, calling on authorities to protect the rights of peaceful protesters and raising questions about why the government felt the need to invite in Russian-led troops. (SOUNDBITE OF ARCHIVED RECORDING) ANTONY BLINKEN: It would seem to me that the Kazakh authorities and government certainly have the capacity to deal appropriately with protests, to do so in a way that respects the rights of the protesters while maintaining law and order. So it's not clear why they feel the need for any outside assistance. So we're trying to learn more about it. KELEMEN: For now, those Russian troops seem to be focused mainly on protecting key infrastructure. And Blinken is reluctant to conflate the situation in Kazakhstan with Ukraine, where Russia has seized territory and is threatening to take more. (SOUNDBITE OF ARCHIVED RECORDING) BLINKEN: Having said that, I think one lesson in recent history is that once Russians are in your house, it's sometimes very difficult to get them to leave. KELEMEN: Regional experts say if Kazakhstan's president is able to reinforce his political power in the midst of this crisis, he will be indebted to Moscow. Michele Kelemen, NPR News, Washington.

  • Helsinki Commission Cautions Russia Against Dissolving Russian Human Rights Organization Memorial

    WASHINGTON—As the latest court proceedings conclude for Russian human rights group Memorial International, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “The Kremlin continues to twist Russia’s so-called justice system to punish civil society, opposition politicians, and independent media who dare to speak out against the abuses of Putin’s regime. The United States should raise the stakes and impose concrete consequences on any officials who support such vindictive action against the Russian patriots who defend the human rights of their fellow citizens.” In a December 17, 2021 letter, Chairman Cardin, Co-Chairman Cohen, Sen. Wicker, Rep. Wilson, and Helsinki Commissioner Sen. Sheldon Whitehouse (RI) urged President Joe Biden to sanction 17 Russian officials and associates involved in the harassment and prosecution of Memorial and its leadership. “The United States has a moral duty to prevent this attack on universal rights and freedoms,” they said. “Publicly sanctioning the Russian officials involved in the attack on Memorial and their enablers would be an effective way to support pro-democracy forces in Russia and deter perpetrators.” In November 2021, Russia’s Supreme Court notified Memorial that the General Prosecutor’s office was suing to dismantle the organization for alleged violations of Russia’s “foreign agent” laws. In a November 17 statement, the Helsinki Commission expressed concern about the organization’s potential dissolution, noting, “We continue to see an alarming increase in attacks on civil society, opposition politicians, and independent media in Russia. Now the Kremlin actively seeks to dismantle Memorial, a respected network of organizations dedicated to revealing and preserving the history of Soviet repression and fighting for political prisoners in Russia today. Memorial’s efforts to defend truth and human rights are essential and must be protected for generations to come.” Memorial, established in the final years of the Soviet Union by dissidents including Andrei Sakharov, is one of the most respected and enduring human rights groups in the region. Its local chapters focus on preserving the truth about Soviet repressions, particularly under Stalin, and honoring the memories of those lost. Memorial also maintains a comprehensive database of current political prisoners in Russia and continues to advocate for the rights of the people of Russia, especially in the North Caucasus. The Helsinki Commission has convened numerous events featuring Memorial representatives.  

  • Defending Ukraine, Deterring Putin

    The Kremlin has dramatically increased its military activities and capabilities in and around Ukraine, leading to predictions that the regime may be preparing for an aggressive military operation in the coming months. Russian military movements have sufficiently concerned U.S. and allied observers that CIA Director William Burns was personally dispatched to Moscow to telegraph U.S. concerns. Secretary of State Antony Blinken also has added to a chorus of alarm, and Ukrainian Foreign Minister Dmytro Kuleba has described Russia’s movements as preparations for an invasion. On December 7, President Biden held a two-hour phone call with Russian President Vladimir Putin over the apparent buildup. The Helsinki Commission, including Co-Chairman Rep. Steve Cohen (TN-09) and Commissioner Rep. Marc Veasey (TX-33),  convened a virtual briefing to evaluate the Russian regime’s actions and capabilities near Ukraine and assess potential options for U.S. and Western countermeasures to deter aggression and preserve Ukrainian sovereignty.  Panelists included Dr. Andrew Bowen of the Congressional Research Service, Robert Lee of Kings College London, Dr. Mary Vorotnyuk of the Royal United Services Institute, and Katsiaryna Shmatsina of the European Values Center for Security Policy in Prague. The discussion was moderated by Helsinki Commission Senior Policy Advisor Michael Hikari Cecire. Cecire began the discussion by describing the apparent urgency of the situation on Ukraine’s border, noting that more than 100,000 Russian troops and heavy offensive equipment had amassed in a potential war footing, in addition to thousands more troops already in states of high readiness and propositioned in and around Ukrainian territory. Dr. Andrew Bowen described the strategic environment in which the buildup is occurring, and noted that Russian political leadership has asserted that it regarded the presence of NATO and Western military and political influence on its border as a red line. Although Ukraine has no immediate likelihood of joining NATO, the Russian regime may regard Ukraine’s growing independent capabilities and partnerships with the West as indicative of a graduate deterioration of its own relative security position. As such, its military buildup may be intended to either compel a diplomatic accommodation with the West to forestall Ukraine’s continued Western path, or, if necessary, launch military operations to do so through the use of force. Dr. Bowen noted that Congress has played a significant role in supporting activities to bolster Ukraine’s defenses, including through the provision of lethal aid, and has also supported efforts to reinforce NATO’s Eastern flank in response to Russia’s aggressive actions. Robert Lee focused on Russian military capabilities currently arrayed at Ukraine’s border. He noted that tens of thousands of troops had been mobilized from Russia’s other geographic combatant commands and deployed to Ukraine’s border, including significant heavy offensive weaponry and specialized assets. According to some assessments, total Russian deployments may represent as much as two-thirds of its total combat power to in and around the Ukraine theater, suggesting a nationwide military mobilization and all the preparations for a major invasion. While the preponderance of Russian offensive assets suggests that it may have the capabilities in place for any number of offensive scenarios, including a move on Kyiv, it is not necessarily a foregone conclusion that the Kremlin has any intent to seize and hold territory. The Kremlin’s intent may be just to destroy or significantly degrade Ukraine’s military and undermine its broader strategic situation to achieve its aims. However, Russia also has activated some 100,000 additional reserve forces, which may be employed for a number of scenarios. Responding to a question from Co-Chairman Cohen, Lee observed that it was hard to determine the likelihood of a renewed Russian invasion, but that the risk is certainly greater than it has been at any point since the conflict began in 2014, and that the capabilities are all in theater for war. Co-Chairman Cohen also asked if the buildup today was proportionally similar to past buildups in 2014-2015, which was the last time Russian forces semi-overtly invaded Ukraine in large numbers. Lee replied that the current buildup is much more significant, though it is also true that the Ukrainian military is more capable today than it was in the past. Co-Chairman Cohen then inquired about past Russian casualties, which Lee described as being in the “hundreds” at least, though exact figures were not made publicly available. Co-Chairman Cohen then reiterated the gravity of the situation, and the seriousness with which he and the U.S. government was taking the issue. Cecire then introduced Dr. Maryna Vorotnyuk, who also made the point that the Russian regime’s full intentions were obscure, and not entirely knowable. However, she noted that the array of capabilities that the Kremlin has assembled on Ukraine’s border is suggestive, as are the demands the Kremlin has made in combination with the military buildup. On the latter point, she noted that there was an internal logic to Moscow linking its threatening posture over Ukraine with its demands with the West, because Russia’s war on Ukraine could be regarded as a kind of proxy war against the West as a whole. In a more comprehensive way, Russian demands seek a revised security architecture that would effectively undermine the sovereignty of Ukraine as well as other non-NATO states like Georgia, giving Russia free rein over its periphery. While this may be a nonstarter for the West, Dr. Vorotnyuk noted that Russia likely would settle for an accommodation from the West that would reduce Western involvement in the region and leave Ukraine and other countries weak and vulnerable to Russian pressure. While some may find such a route appealing, she noted, such a response would not likely lead to a more constructive Russia, and could even invite more aggression as Moscow’s intent was never solely about or limited to Ukraine. As such, it is important for the West to remain resolute in defending and advocating for Ukraine’s sovereignty. Katsiaryna Shmatsina spoke about Belarus’ role in the broader calculus. She recalled how, after Belarusian protests were being crushed by the regime, EU diplomatic leaders asked how Belarus might be used as an appendage of Russian strategic power. She noted that this appears to be the case in the ongoing episode with Ukraine, with the hybrid migrant crisis at the Belarusian border, the mooted possibility that Russian forces might use Belarusian territory to attack Ukraine, and the solidarity Russia has showed with the regime in Minsk through the flights of nuclear-capable bombers—suggesting that Belarus is not merely a side act, but a key element of Russian strategy in the region. For his part, Belarusian President Lukashenko has been severely weakened by the protests and his subsequent reliance on Russian support, leaving him nowhere else to turn and cementing Belarus’s place in the Kremlin’s alliance system and regional strategy. Shmastsina counseled that the situation in Belarus should merit greater international attention, particularly from the West, because it is inseparable from the ongoing military buildup in and around Ukraine and another aspect of Russia’s broader campaign against the West. Rep. Veasey noted that in a past visit to Ukraine, the assessment was that Russia was not necessarily interested in taking and holding territory and asked whether this view was still accurate. Dr. Vorotnyuk replied that this was very likely the case, but ultimately that the likely Russian aim was to permanently weaken Ukraine and be able to “veto” its alignments with the West. Particular territorial objectives could also be under consideration, such as a land corridor from the Donbas to Crimea—both of which Russia already holds—or a particular city, such as Odesa, and its port access to the Black Sea. Rep. Veasey then asked why Ukraine, but not Georgia, was being targeted in this way. Lee responded that Georgia no longer threatens to retake the Russia-held separatist regions of Abkhazia and South Ossetia by force, and that Ukraine is a much larger country with a more capable military and economic capacity, which holds a unique place in Russia’s historical narrative. Rep. Veasey then raised the issue of corruption, which continues to be seen as a major issue in Ukraine as compared to, for example, Georgia, and asked whether this is a serious problem. Dr. Vorotnyuk noted that it was a major issue, but that it is not a justification for Russian aggression, and that Western assistance with Ukraine is very much helping to address issues like corruption and democratic governance. Related Information Panelist Biographies

  • Helsinki Commission Welcomes Passage of Trap Provision in 2022 National Defense Authorization Act

    WASHINGTON—Helsinki Commission Chairman Sen. Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) today welcomed the passage of the Transnational Repression Accountability and Prevention (TRAP) provision as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2022. “By co-opting and undermining the rule of law to harass and intimidate dissidents and political opponents, corrupt regimes threaten our national security,” said Chairman Cardin. “Our provision will make it U.S. policy to fight exploitation of INTERPOL, including by naming and shaming member states that abuse its mechanisms. This amendment will protect the United States, our allies, and all those fighting or fleeing authoritarian regimes from extraterritorial and extrajudicial abuse.” “We’ve seen time and again how corrupt dictators take advantage of INTERPOL to intimidate and harass those who expose their immoral deeds, even after they have fled their homes and their country in search of safety,” said Co-Chairman Cohen. “The TRAP provision will protect these dissidents and ensure that our own institutions are not used against us—or them.” “There is no reason for any democracy, especially the United States, to be forced to play a part in authoritarian regimes’ blatant abuse of INTERPOL Red Notices,” said Sen. Wicker. “I am pleased Congress has taken action to name publicly the abusers, such as Russia and China, and prevent American law enforcement from having to do the dirty work of these repressive autocrats.” “INTERPOL should enable us to crack down on criminals worldwide,” said Rep. Wilson. “Instead, the criminals have taken over the institution, using it to target those who oppose them. The TRAP provision will protect the United States from this abuse and ensure that we do everything we can to restore the rule of law to INTERPOL.” “Increasing transparency and accountability at INTERPOL underscores the bipartisan commitment of the United States Senate to push back against countries, large or small, seeking to distort legitimate law enforcement cooperation to instead pursue political opponents or personal vendettas,” said Sen. Bob Menendez (NJ), Chairman of the Senate Foreign Relations Committee. “This new provision will strengthen protections for human rights defenders, political dissidents, and journalists, and pave the way for the international community to join the United States in pressing for reforms and standing against the abuse of INTERPOL Red Notices by China and Russia, among others.” The Transnational Repression Accountability and Prevention (TRAP) Act was introduced in 2021 in the Senate by Sen. Wicker and Chairman Cardin and in the U.S. House of Representatives by Co-Chairman Cohen and Rep. Wilson. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States name the worst abusers of INTERPOL and examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse.

  • Russian Military Buildup to be Scrutinized at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: DEFENDING UKRAINE, DETERRING PUTIN Thursday, December 16, 2021 10:00 a.m. Register: https://bit.ly/3DHAGWu The Kremlin has dramatically increased its military activities and capabilities in and around Ukraine, leading to predictions that the regime may be preparing for an aggressive military operation in the coming months. Russian military movements have sufficiently concerned U.S. and allied observers that CIA Director William Burns was personally dispatched to Moscow to telegraph U.S. concerns. Secretary of State Antony Blinken also has added to a chorus of alarm, and Ukrainian Foreign Minister Dmytro Kuleba has described Russia’s movements as preparations for an invasion. On December 7, President Biden held a two-hour phone call with Russian President Vladimir Putin over the apparent buildup. The Helsinki Commission will convene a briefing to evaluate the Russian regime’s actions and capabilities near Ukraine and assess potential options for U.S. and Western countermeasures to deter aggression and preserve Ukrainian sovereignty. The briefing will include U.S. and international experts on Russian military capabilities and Eurasian security. The following panelists are scheduled to participate: Dr. Andrew Bowen, Analyst in Russian and European Affairs, Congressional Research Service Dr. Maryna Vorotnyuk, Expert on Black Sea security; Associate Fellow, Royal United Services Institute Katsiaryna Shmatsina, Belarusian analyst on Eurasian politics and security; Visiting Fellow, European Values Center for Security Policy in Prague Robert Lee, Expert on Russian military capabilities; PhD candidate, Kings College London

  • Uniting Against Corruption

    At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax formally launched the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy.  The launch immediately preceded President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries committed to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, welcomed the formation of the alliance at the kickoff event. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Inter-Parliamentary Alliance Against Kleptocracy to Unite Political Leaders in Transatlantic Battle Against Corruption

    BRUSSELS, LONDON, WASHINGTON—At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax will formally launch the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy.  The launch immediately precedes to President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries will commit to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, will welcome the formation of the alliance at the kickoff event. UNITING AGAINST CORRUPTION Launch of the Inter-Parliamentary Alliance against Kleptocracy Tuesday, December 7, 2021 11:00 a.m. ET Register: https://bit.ly/3IsbbvY “Countering corruption—a clear national security threat—is one of the three pillars of the upcoming Summit for Democracy. For me, it is an essential aspect of the meeting,” said Chairman Cardin. “It isn’t enough that the United States prioritizes the fight against corruption. To curb this global scourge, democracies must work together. I welcome the formation of the Inter-Parliamentary Alliance against Kleptocracy, which will help harmonize our approaches to countering corruption and closing our systems to dirty money.” The Inter-Parliamentary Alliance against Kleptocracy is an alliance of legislative groups committed to countering the threat of global corruption. The new alliance will focus on fighting kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Because the fight against foreign corruption spans the globe, the alliance will enable members and staff to share perspectives and coordinate efforts to confront the growing threat of authoritarian corruption. The alliance will hold periodic events, sponsor informal roundtables and briefings with leading experts, and coordinate initiatives across borders. “Nothing gets under the skin of dictators more than democracies working together—and confronting corruption is the best way to align ourselves with public sentiment in their countries. This parliamentary alliance will help ensure that lawmakers from the world’s democracies are working together to pass and enact laws against amassing and hiding illicit wealth,” said Rep. Tom Malinowski (NJ-07), Co-Chair of the U.S. Caucus against Foreign Corruption and Kleptocracy. “Corruption is at the heart of all human rights abuse. Journalists are silenced and civil society is attacked because these individuals threaten to expose the corruption that underpins all strongmen,” said Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), a member of the U.S. Caucus against Foreign Corruption and Kleptocracy. “By uniting with our allies to root out corruption, we take aim at the very essence of authoritarianism. That is why the Inter-Parliamentary Alliance against Kleptocracy is so important. Corruption is global by nature. But if all democracies close their doors to it, we can succeed.” “Corruption is the new communism. It is the uniting force of dictators and the system they seek to export. And like communism, the USA needs to join together with its allies to defeat it. I am pleased to welcome the establishment of the Inter-Parliamentary Alliance against Kleptocracy, which will unite democratic allies against the corruption of Russian oligarchs, CCP princelings, Venezuelan thugs, and Iranian mullahs,” said Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02). “We have been seeing autocrats like Viktor Orbán successfully undermining European democracy for years from within, with increasing support from their experienced counterparts in Russia and beyond. If they close their ranks, all democratic parties need to do the same. This is not a fight that a single actor can win alone,” said MEP Daniel Freund of Germany, Co-Chair of the EU Parliament Anti-Corruption Intergroup. “Kleptocrats are destroying democracy and undermining the European Union. With this alliance we can stop European autocrats like Viktor Orbán and could be a powerful tool to influence not only national legislation but agreements on fighting corruption, transparency, accountability and criminal cooperation between the EU and the US. We should keep this alliance open for national lawmakers as well within the EU, allowing for example the devoted members of the Hungarian opposition parties also to join and commit themselves to such a noble cause. We have to fight together and we will fight together,” said MEP Katalin Cseh of Hungary, Member of the EU Parliament Anti-Corruption Intergroup’s leadership bureau. “Dirty money is at the root of many evils. From drug smuggling to terrorism, from money laundering to human trafficking, and from fraud to corruption. But if we can follow the money then we can start to put a stop to all manner of heinous crimes. That's why the launch of the Inter-Parliamentary Alliance on Kleptocracy represents a powerful moment as the world's democracies come together for the fight against illicit finance,” said UK MP Margaret Hodges, Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “The movement of illicit finance is a global problem that requires a global solution.  The harm caused to global security and democracy is facilitated by lack of coordination between different legislatures, and I am delighted to be part of the Inter-Parliamentary Alliance on Kleptocracy.  I look forward to working with colleagues across the world to ensure that we give Kleptocrats nowhere to hide,” said UK MP Kevin Hollinrake, Vice Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “It is not enough that America fight dictators – our friends and allies must also fight them. By working together to reject blood money, we can successfully deny dictators and their cronies access to our markets. I am thrilled about the formation of the Inter-Parliamentary Alliance against Kleptocracy. This international alliance of like-minded kleptocracy fighters will ensure that killers and thugs have no safe haven,” said Rep. Maria Elvira Salazar (FL-27), a founding member of the U.S. Caucus against Foreign Corruption and Kleptocracy. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Human Rights Seminar Returns to the OSCE with a Focus on Women and Girls

    By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE and Dr. Mischa E. Thompson, Director of Global Partnerships, Policy, and Innovation On November 16-17, 2021, for the first time since 2017, the OSCE Office for Democratic Institutions and Human Right (ODIHR) held its annual Human Rights Seminar on preventing and combating violence against women and girls. The event assessed participating States’ implementation of OSCE commitments on preventing and combating violence against women, identified continuing challenges and successes in addressing the problem, and examined opportunities to further engage OSCE institutions and other stakeholders in finding solutions. Given continued efforts by some participating States to block the OSCE’s human rights agenda, including Russia’s successful blockade of the 2021 Human Dimension Implementation Meeting, the return of the Human Dimension Seminar was lauded by Ambassador Ulrika Funered of the Swedish Chair-in-Office (CiO) and Polish Ministry of Foreign Affairs UN Director Pawel Radomski of the incoming Polish CiO.  Noting “the particular importance of regular gatherings in promotion of human rights” and the “unique meetings characterized by meaningful discussions between civil society and participating States,” Director Radomski underlined Poland’s staunch commitment to holding human dimension events during its upcoming 2022 Chairmanship. Other speakers at the hybrid event—hosted in Warsaw, Poland, as well as online—included ODIHR Director Matteo Meccaci; Special Representative of the OSCE Chairpersonship on Gender Liliana Palihovici; and Special Representative of the OSCE Parliament Assembly (PA) on Gender Issues Dr. Hedy Fry. Speakers underscored the prevalence of violence against women in political and public life; violence against women belonging to vulnerable groups, especially migrants, refugees, and persons with disabilities; and the impact of the pandemic on women and girls.  Dr. Fry shared her alarm at recent violence targeting women in politics, from the January 6 violence at the U.S. Capitol that targeted Speaker Nancy Pelosi, to the physical and online violence targeting British parliamentarian Diane Abbott.  She attributed the violence to the “boldness” of women daring to enter spaces traditionally dominated by men and the subsequent efforts by men to silence them.  Dr. Mona Lena Krook, Professor and Chair of the Women & Politics Ph.D. Program at Rutgers University, highlighted the physical and psychological violence targeting women in politics and the subsequent but related dangers of women exiting politics to avoid harm to them and their families.  The work of Edita Miftari, an alumna of TILN, the young leaders program organized by the Helsinki Commission and the German Marshall Fund, was highlighted by Adnan Kadribasic of the Bosnian management consulting company, Lucid Linx.  In discussing the Balkan situation, he observed that female politicians experience discrimination and harassment but do not have reliable mechanisms for redress. Discussion panels and side events focused on the escalation of violence experienced by women during pandemic quarantines, the impact of the pandemic on women returning to the workforce, and strategies to protect migrant and refugee women.  Several speakers raised the intersectional nature of violence against women, including increased violence towards women of color, and special circumstances faced by disabled women.  Representatives of participating States showcased efforts to support women in leadership positions and programs to address violence.  Civil society participants from Central Asian and other countries expressed concern about some participating States using women’s initiatives to cultivate political favor instead of addressing issues of disparities and discrimination.  Others noted that progress had been made but voiced ongoing concern about how the pandemic negatively affected gains made previously in the workforce and in addressing domestic violence.   The event was attended by more than three hundred participants, including representatives from more than 50 OSCE participating States.  Dr. Mischa Thompson attended on behalf of the Helsinki Commission.

  • Helsinki Commission Digital Digest November 2021

  • Dictators, Inc.

    Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. On November 22, 2021 the Commission on Security and Cooperation in Europe hosted a briefing examining the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists discussed the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. Vladimir Milov, a Russian opposition politician and economist, discussed how American companies like Google and Apple could be coerced into succumbing to the Russian government’s censorship demands. He noted that the situation isn’t all bad: Google and Apple had resisted past censorship requests by the Russian government. However, the removal of an app created by Alexei Navalny’s organization to help coordinate protest votes in the 2021 Duma elections was problematic; there was nothing illegal about the content, and tech companies like Apple and Google removed them without communicating a legal explanation for doing so, Milov said. Milov suggested that first, companies should not give in to these types of demands by governments so as not to embolden them, and second, should make such communication with governments public to provide transparency. Matt Schrader, Advisor for China at the International Republican Institute, described how the Chinese Communist Party tries to influence other countries’ political systems by leveraging economic access. He pointed toward the People’s Republic of China’s use of its embassies abroad to form mutually beneficial relationships with businesses and wealthy individuals to influence political discourse and curry support for China. In the United States, for instance, this support can come in the form of lobbying against laws such as the Uyghur Human Rights Act, Schrader said. Another example, Schrader continued, is the film industry. China is a large market, and film companies are denied access to the Chinese market if they produce any films critical of China. Finally, Schrader pointed out the importance of the megaphone of celebrity in combating human rights violations. For example, efforts by U.S. tennis player Serena Williams and other athletes to raise awareness about missing Chinese tennis player Peng Shuai has led to serious discussion about moving the 2022 Beijing Winter Olympics, while the ongoing genocide of the Uyghurs in Xinjiang has not. Karen Sutter, Specialist in Asian Trade and Finance at the Congressional Research Service, focused on the Chinese government’s increased economic pressure on countries, organizations and individuals to conform to China. According to her, the line between the government’s use of its authority and its commercial interest has been blurred. This includes rulings on anti-trust, business licensing, and other matters. “China’s use of economic coercion to push through policy goals is intensifying,” Sutter said, adding that this coercion is not limited to individuals or companies operating in China, creating gaps in public awareness in third countries, and taking away the ability to have public, informed debates on issues related to China. Sutter elaborated on several tools the United States could use to respond to China, including examining Chinese tactics, acknowledging that China benefits from the U.S. interest in its market, and understanding how China uses measures and countermeasures that put American companies in the middle of disputes between the two governments. Sutter continued by explaining that this system of measures and countermeasures as well as the asymmetric access to the economy poses the greatest challenge. Asked whether there is any indication that China’s influence over American enterprises could position China for a military advantage, Sutter pointed toward the issue of dual-use technologies and technological transfer to the Chinese government itself. She questioned whether other countries would backfill such arrangements if the United States imposed restrictions, and then further asked if there was a good way to impose restraints on or consequences for malign Chinese behavior. Schrader added that China sees embeddedness in globalization as a source of power and seeks to position itself to benefit the most it can from technological and scientific innovation. On the question of companies like Apple or Google “decoupling” from Russia and China, Milov responded that these companies would reach a point at which it would no longer be worth it to operate in country. He suggested, however, that companies could operate in Russia without a physical presence and thus limit their exposure to coercion. Sutter added that decoupling is not limited to U.S. companies looking to leave China. Rather, Chinese industrial policy shows attempts towards becoming self-sufficient in the areas of aircraft, semiconductors, medical equipment, and other key areas. In the meantime, Sutter said to end her testimony, the United States and Europe could use the threat of decoupling as leverage. Related Information Panelist Biographies China’s Recent Trade Measures and Countermeasures: Issues for Congress

  • Remembering Sergei Magnitsky

    Madam President, 12 years ago this Tuesday, Russian tax lawyer Sergei Magnitsky died in Moscow at the hands of prison guards who, instead of treating him for the acute illness that his torturous, year-long detention provoked, beat him for over an hour.  He was found dead in his cell shortly thereafter.  His “crime” was exposing the largest tax fraud in Russian history, perpetrated by government officials.  He was 37 years old and left a loving family and many friends. At the Helsinki Commission, which I chair, we had heard of Sergei’s plight months earlier and we were saddened and outraged that such a promising life had been cut short and that so few expected his murderers to be held to any account. Impunity for the murder of journalists, activists, opposition politicians, and now a simple, honest citizen was, and remains, a depressing cliché in Russia under Vladimir Putin’s rule while his regime often ruthlessly punishes people for minor infractions of the law.  For those on the wrong side of the Kremlin, the message is clear — and chilling.  Even the most damning evidence will not suffice to convict the guilty nor will the most exculpatory evidence spare the innocent. The need for justice, in Russia, in this specific case does not diminish with the passage of time.  Moreover, the “doubling down” on the cover-up of Sergei’s murder and the massive tax heist he exposed implicates a wider swath of Russian officials with the guilt of this heinous crime.  It does not need to be this way, however; nor is it ever too late for a reckoning in this case in the very courtrooms that hosted the show trials that ultimately led to Sergei’s death and the obscenity of his posthumous conviction. As somber as this occasion is, there is reason for hope.  Vladimir Putin will not rule Russia forever and every passing day brings us closer to that moment when someone new will occupy his post.  Who that person will be and whether this transition will usher in a government in Russia that respects the rights of its citizens and abides by its international commitments remains unclear.  I hope it does.  A Russian government that returns to the fold of responsible, constructive European powers would increase global security, enhance the prosperity of its own citizens and trading partners, and bring new vigor to tackling complex international challenges such as climate change. Sergei’s work lives on in his many colleagues and friends who are gathering in London this week to celebrate his life and to recognize others, like him, who seek justice and peace in their countries, often facing, and surmounting, seemingly impossible obstacles.  All too often, they pay a heavy price for their courageous integrity. Sergei’s heroic legacy is exemplified in the global movement for justice sparked by his death, and in the raft of Magnitsky laws that began in this chamber and have now spread to over a dozen countries, including allies like Canada, the United Kingdom, and the European Union.  Even as these laws help protect our countries from the corrupting taint of blood money and deny abusers the privilege of traveling to our shores, they also remind those who suffer human right abuses at the hands of their own governments that we have not forgotten them. Sergei Magnitsky is a reminder to all of us that one person can make a difference.  In choosing the truth over lies, and sacrifice over comfort, Sergei made a difference and will never be forgotten. Fifty-five years ago, Senator Robert F. Kennedy addressed the National Union of South African Students and spoke about human liberty.  He spoke about freedom of speech and the right “to affirm one's membership and allegiance to the body politic – to society.”  He also spoke about the commensurate freedom to be heard, “to share in the decisions of government which shape men's lives.”  And he stated that government “must be limited in its power to act against its people so that there may be … no arbitrary imposition of pains or penalties on an ordinary citizen by officials high or low”.  Senator Kennedy went on to say, Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance. Madam President, Sergei Magnitsky stood up for an ideal.  He acted to improve the lot of others.  He struck at injustice.  He was – and remains – a ripple of hope.  On this sad anniversary of Sergei Magnitsky’s murder, let us all recommit ourselves to helping those in Russia, and around the world, who seek their rightful share in the governance of their own countries and who deserve the confidence of doing so without fear of harm.  If we do this, Sergei will not have died in vain. I am confident that one day, there will be a monument in stone and bronze to Sergei in his native Russia.  Until that day, the laws that bear his name will serve as his memorial.

  • Confronting Kremlin & Communist Corruption

    The Kremlin and the Chinese Communist Party, as well as other U.S. adversaries, practice kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Kleptocracy now poses the most serious challenge to democratic governance worldwide. President Biden has declared countering corruption a core national security interest and Congress has responded with a series of legislative proposals to fight kleptocracy both at home and abroad. On November 18, the Commission on Security and Cooperation in Europe brought together experts on kleptocracy to examine how the United States can confront foreign corruption. In particular, witnesses discussed the ways that the United States can fortify its system against the taint of corruption and hold kleptocrats to account. The first panel featured testimony by Representatives Tom Malinowski (NJ-07) and María Elvira Salazar (FL-27), while the second panel included witnesses Leonid Volkov, Chief of Staff to Alexei Navalny; Elaine Dezenski, Senior Advisor at the Center on Economic and Financial Power; and Scott Greytak, Advocacy Director at Transparency International. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing, noting that corruption both sustains dictatorships and helps them conduct foreign policy. Corruption also erodes democratic structures from within and creates patronage-based systems in which autocrats pay their cronies to retain power. Chairman Cardin thanked Representatives Malinowski and Salazar for their work on the counter-kleptocracy caucus and highlighted several of the counter-kleptocracy bills currently in the House and the Senate. Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) stressed the importance of going after the enablers of corruption, not just the kleptocrats, saying, “They work with these folks to poison the system, so they are in essence agents of corruption.” He added that the United States needs to clean up its act at home and reinforce its defenses against the national security threat of corruption. Helsinki Commission Ranking Member Sen. Roger Wicker (MS) called corruption a “pernicious foreign policy tool” that undermines and co-opts democratic systems, and highlighted the corruption and abuse of INTERPOL, which he described as being hijacked by mafia states and weaponized to pursue political opponents. China and Russia are the most prolific abusers of the system, he said, pointing towards the TRAP Act as a legislative tool to counter such behavior. Sen. Wicker, who co-leads the Global Magnitsky Reauthorization Act alongside Chairman Cardin, stressed the bipartisan nature of this issue. Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) echoed Sen. Wicker’s statement, adding, “It is not an exaggeration to say that corruption is the new communism.” Rep. Wilson mentioned the six Helsinki Commission counter-kleptocracy bills in the House National Defense Authorization Act (NDAA), underlining the bipartisan nature of the fight against corruption. “To protect American families we must fight corruption,” he said. During the first panel, Rep. Malinowski described fighting corruption as the key to winning the contest between democracy and dictatorship. Corruption is not only a way for autocrats to stay in power, he argued; it also is their greatest weakness. “When we catch them stealing from their people and putting their money in our banks, that is what embarrasses them,” he said. Referencing the six counter-kleptocracy bills currently pending in Congress, Rep. Malinowski suggested the United States. has potent tools to go after corruption. Rep. Salazar testified that corruption is a threat to freedom and human rights. Using Venezuela, Cuba and Nicaragua as examples, Salazar explained how corrupt leaders use stolen funds to finance campaigns that portray them as the saviors of the countries that they actually loot. Salazar pointed towards her work as founding member of the bipartisan Caucus against Foreign Corruption and Kleptocracy (CAFCAK), as well as the importance of the Combating Global Corruption Act, introduced by Chairman Cardin in the Senate, and the bipartisan ENABLERS Act Leonid Volkov began his testimony by describing a natural pathway from corruption to authoritarianism, born out of the necessity to hide crimes by silencing the press and co-opting the courts. He outlined how the Navalny anti-corruption initiative, through hundreds of investigations, found billions of dollars stolen from Russian taxpayers. What stood out, he said, was how successful kleptocrats need to operate in two countries: their home country, where the absence of rule of law allows them to steal, and another country, where the rule of law ensure the safety of their money. Therefore, corruption is a global phenomenon, which also necessitates fighting corruption on both fronts. Volkov endorsed the series of Helsinki Commission anti-kleptocracy bills and asked to “fight this fight together.” Scott Greytak described corruption as the lifeblood of autocrats abroad and pointed toward the Pandora Papers, which revealed that the United States is a leading secrecy jurisdiction for stashing offshore funds. He emphasized the importance of Congress ensuring that the six counter-corruption bills in the House National Defense Authorization Act (NDAA) make it into the final NDAA. Doing so would enhance the U.S. ability to deny kleptocrats access to the financial system and increase transparency. The National Defense Authorization Act (NDAA) is legislation that Congress passes each year to make changes to the policies and organization of United States defense agencies and provide guidance on how military funding can be spent. Greytak also mentioned the Corporate Transparency Act and expressed hope that Congress would ensure that the new Treasury FinCEN rules are in keeping with the spirit of the law. He added that passing the Foreign Extortion Prevention Act (FEPA), which would criminalize foreign officials requesting bribes from American companies, is an important step many of our allies already have taken. Lastly, Greytak emphasized the need to target enablers of kleptocracy in the U.S. via the ENABLERS act, to prevent crimes such as the theft of over $4 billion from the public investment fund of Malaysia, aided and abetted by U.S. law firms. Elaine Dezenski’s testimony focused on China and corruption through the Belt and Road Initiative (BRI). She described the BRI as a geopolitical enterprise through which China seeks to redefine its engagement with more than 140 countries. Because the BRI is designed to undercut normal development, it gets rid of safeguards such as anti-corruption, environmental, and labor standards as well as open and transparent bidding, according to Dezenski. By doing so, it creates long-term dependencies fueled by corruption and debt traps. More than 40 countries are now indebted to China equal to or greater than 10 percent of their GDP, Dezenski said. A slim window exists during which the U.S. can offer clean alternatives to the BRI, alongside increased efforts to educate citizens and support civil society to counter this threat. One key step, said Dezenski, is pivoting critical supply chains out of China and towards allied countries. Another step is taking care not to give domestic infrastructure contracts to foreign kleptocrats’ companies. Finally, countering disinformation and misinformation campaigns is of the essence. Responding to a series of questions from Co-Chairman Cohen, Volkov explained that his organization had to move outside of Russia due to being designated an extremist organization but nonetheless is working to produce content highlighting Russian corruption. On the topic of censorship by Apple and Google during the Duma elections in 2021, Volkov stated that the threat by the Russian regime to imprison employees of U.S. companies should they not go through with the censorship is serious and should not be dismissed. Asked by Rep. Wilson what he saw as Russia’s future in five to 10 years, Volkov explained that Putin is unpopular among Russia’s youth and that many people want change. Putin’s strength lies in his TV propaganda machine, which is less effective at reaching younger, more internet-savvy people, he said. Volkov explained that under Putin, Russia has more political prisoners than the Soviet Union ever had after Stalin and expressed hope that this would lead to cracks in the system and, finally, regime change. On the question of how present-day corruption differs from that of 30 years ago, Scott Greytak explained that corruption is more sophisticated than ever, aided by complex financial vehicles created by Western enablers which make it easier to move money. Responding to a question from Helsinki Commission Member Rep. Ruben Gallego (AZ-07), Greytak explained that although Russian and Chinese corruption are similar, Russia perfected state-run corruption, while China adopted corruption to grow its geo-political influence. Dezenski answered a question on China’s long-term view by explaining that the United States needs to be more strategic about the short-term implications of individual actions and ensure long-term commitment to democratic norms. Because China takes a longer view than the United States, they have outmaneuvered us, Dezenski said. Asked if any projects concerned her most, she answered any projects related to digital infrastructure, due to the risk of authoritarian regimes monitoring and managing communications lines. In addition, Dezenski mentioned projects that would give Beijing military influence, such as strategic ports in the Indian Ocean or the South China Sea. Chairman Cardin thanked the witnesses for their expert testimonies and said he looked forward to consulting with them on several of the points brought up. To end the hearing, the chairman pointed out South Korea as an example of a country that turned around its corruption problem, stating, “We can make change and plant the seeds to enhance the welfare of all the people.” Related Information Witness Biographies Bipartisan Counter-Kleptocracy Legislative Initiatives  Counter-Kleptocracy Measures Included in the House Defense Bill 

  • Authoritarian Abuse of INTERPOL

    Mr. WICKER. On November 23, the International Criminal Police Organization, better known as INTERPOL, will begin its annual General Assembly in Istanbul. INTERPOL is a vital global law enforcement network that helps police from different countries cooperate with each other to control crime. Unfortunately, it has also become a tool in the hands of despots and crooks who seek to punish dissidents and political opponents in an effort to turn other countries’ law enforcement against the rule of law. Rooting out this sort of abuse should be the top priority going in to the INTERPOL General Assembly. These abuses make a mockery of Interpol and are threatening its continued existence. INTERPOL's constitution cites the Universal Declaration of Human Rights as the basis for police cooperation. Importantly and significantly, Article 3 of that declaration forbids INTERPOL from engaging in any activities of a political, military, religious or racial character. All 194 member nations have committed to uphold Article 3 and the entire INTERPOL constitution, so it is troubling. As a matter of fact, it's even worse than troubling. It's egregious that INTERPOL chose to host this year's General Assembly in Turkey. A country that has become one of the worst abusers of INTERPOL’s Red Notice and Blue Notice systems. Turkey has repeatedly weaponized INTERPOL to persecute and arrest government critics on politically motivated charges. Journalist Can Dundar is a prime example. Mr. Dundar is one of Turkey's most prominent media personalities and has received international awards for defending freedom of the press. In 2018, Turkey demanded that INTERPOL issue a red notice for Mr. Dundar's arrest. What had he done? He simply criticized his government. He had reported on the Turkish government supplying arms to an Islamist group in Syria. He was charged by a Turkish court with espionage and aiding a terrorist group. The group was never named. And sentenced to 27.5 years in prison in absentia. Thankfully, Germany has refused to extradite Mr Dundar, but this is the sort of thing we see from this year's host of the conference in June of this year. Turkish media reported that INTERPOL had rejected nearly 800 red notices sent by the Turkish government. A Swedish human rights group reported in 2016 after the failed coup in Turkey, that the Turkish government filed tens of thousands of INTERPOL notifications targeting persons who were merely critics and political opponents of the government. Some of these people were stranded in international airports, detained and handed over to Turkey, where they ended up in prison. There are also alarming signs that Turkey is trying to leverage this year's General Assembly to further its own authoritarian goals. This past June, Turkish Deputy Foreign Minister Havel's Saleem Kiran openly asserted that the General Assembly in Istanbul “will be an important opportunity to explain in detail our rightful position regarding our fight against terrorist organizations and our rejected notices.” Translation: Turkey plans to use this high level event to mislead and lie to the international community. They will no doubt try to explain why President Erdogan should be able to hunt down his critics in foreign countries using foreign law enforcement through INTERPOL. This will be a travesty, one that indeed threatens the legitimacy and future viability of INTERPOL. And of course, Turkey is not the only offender we could talk about. Russia, China and Venezuela have routinely misused Interpol to oppress their critics. The case of Bill Browder, a free critic of the Putin regime and advocate for the Magnitsky Act, is probably the most well-known example of such abuse. Vladimir Putin has issued no fewer than eight INTERPOL diffusions seeking to have Bill Browder extradited, none of which thankfully have been obeyed. These abuses should not be allowed to go on. INTERPOL needs protection on behalf of countries that actually believe in human rights - they believe in open dissent and the rule of law. Providing that protection is why I have introduced the Transnational Repression, Accountability and Prevention Act or TRAP Act. This is a bipartisan effort, Mr. President, with four Republican co-sponsors and four Democratic co-sponsors. This bipartisan legislation would fortify U.S. systems against INTERPOL abuse and would require that we use our influence to push for due process and transparency reforms at INTERPOL, American law enforcement should never be doing the work of foreign crooks and dictators. I hope that I can count on my colleagues in this chamber to support this much needed legislation, and I invite my colleagues to be added to the co-sponsor list. Thank you, Mr. President.

  • Helsinki Commission Alarmed by Attempted Liquidation of Memorial

    WASHINGTON—Following last week’s request by Russian prosecutors to liquidate the human rights group Memorial International and the Memorial Human Rights Center, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We continue to see an alarming increase in attacks on civil society, opposition politicians, and independent media in Russia. Now the Kremlin actively seeks to dismantle Memorial, a respected network of organizations dedicated to revealing and preserving the history of Soviet repression and fighting for political prisoners in Russia today. Memorial’s efforts to defend truth and human rights are essential and must be protected for generations to come.” In 2015, the Memorial Human Rights Center was designated a “foreign agent.” This label has been applied in a derogatory way to numerous human rights groups, independent media organizations, and related individuals to stifle or completely stop their work in the country. In 2016, Memorial International, the parent organization of the Memorial Human Rights Center, also was designated a “foreign agent.” On November 11, Russia’s Supreme Court notified Memorial International that the General Prosecutor’s office was suing to dismantle the organization for alleged violations of Russia’s “foreign agent” laws. The Supreme Court hearing is scheduled to take place on November 25. Memorial Human Rights Center will come before the Moscow City Court on November 23 to face liquidation for alleged “justification” of extremism and terrorism in its materials. Memorial, established in the final years of the Soviet Union by dissidents including Andrei Sakharov, is one of the most respected and enduring human rights groups in the region. Its local chapters focus on preserving the truth about Soviet repressions, particularly under Stalin, and honoring the memories of those lost. Memorial also maintains a comprehensive database of current political prisoners in Russia and continues to advocate for the rights of the people of Russia, especially in the North Caucasus. The Helsinki Commission has convened numerous events featuring Memorial representatives.

  • REMEMBERING AND HONORING SERGEI MAGNITSKY

    Mr. COHEN. Madam Speaker, today we remember and honor Sergei Magnitsky, the Russian tax lawyer who in 2008 uncovered a massive fraud scheme of hundreds of millions of dollars perpetrated by law enforcement officers. In any normal situation, Mr. Magnitsky would have been praised for his efforts. But this was Putin's Russia, and he was arrested by the very people whose nefarious dealings he exposed. The conditions Mr. Magnitsky faced in prison for almost a year were inhumane, and on November 16, 2009, already weakened and seriously ill, he did not survive the beatings he received from prison guards. Twelve years later, Putin still controls Russia. Throughout the country, hundreds of prisoners of conscience languish behind bars because of their political opinions, their activism, and even their religious beliefs. Thanks to Sergei Magnitsky's determination to stand up for what is right in the face of overwhelming state power, the laws that bear his name ensure they will not be forgotten. His story is the story of many others--not only in Russia, but worldwide. Exposing human rights abuses and corruption carries many risks in many countries. Yet there are many brave people who continue to reveal the truth. The Magnitsky Act has become a living memorial to Sergei Magnitsky's bravery. We in Congress originally passed this legislation to sanction those involved in the death of Mr. Magnitsky. Since then, we have expanded it to cover the world's worst human rights abusers. What began here has spread internationally as the United Kingdom, the European Union, and Canada have all adopted their own Magnitsky sanctions. Many others, such as Japan, Australia, and Taiwan, are considering their own legislation. Magnitsky sanctions have completely changed the nature of the fight for human rights and against corruption. They not only protect our own system against abuse but also provide a measure of justice to those denied it abroad. We will keep encouraging our democratic allies to adopt similar sanctions so that one day there will be no safe haven left for kleptocrats and their blood money. Finding justice for Sergei Magnitsky in Putin's Russia seems more impossible with each passing year. However, we have not forgotten his tragic story and we will never stop calling for accountability for those who imprisoned him and ultimately killed him; those who enabled corruption and abetted murder. We are determined to not let his memory fade. Instead, he will serve as an indelible reminder of all those who suffer under corrupt regimes.

  • Helsinki Commission Recalls Legacy of Sergei Magnitsky

    WASHINGTON—On the 12-year anniversary of the death of Sergei Magnitsky, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: "Sergei Magnitsky’s heroic legacy is exemplified in the global movement for justice sparked by his death,” said Chairman Cardin. “Even as Magnitsky laws help protect the United States and other countries from the corrupting taint of blood money and deny abusers the privilege of traveling to our shores, they also remind those who suffer human right abuses at the hands of their own governments that they are not forgotten." “Finding justice for Sergei Magnitsky in Putin’s Russia seems more impossible with each passing year,” said Co-Chairman Cohen. “However, we have not forgotten his tragic story and we will never stop calling for accountability for those who imprisoned him and ultimately killed him; those who enabled corruption and abetted murder. We are determined to not let his memory fade. Instead, he will serve as an indelible reminder of all those who suffer under corrupt regimes.” “It would have been much easier and much safer for Sergei Magnitsky if he had remained silent—but he was relentless in his desire to expose the truth,” said Sen. Wicker. “In a Russia ruled by Vladimir Putin, Mr. Magnitsky paid for it with his life. We look forward to the day when, in Russia and elsewhere, uncovering corruption is a public service rather than a death sentence.” “Sergei Magnitsky spent the last year of his life in prison because he refused to stop fighting for what was right,” said Rep. Wilson. “In honoring Sergei Magnitsky’s legacy today, we recall the many other political prisoners like him who have endured horrific conditions and even death simply for speaking truth to power. No one should have to experience what he did.” In 2008, Sergei Magnitsky, who advised Hermitage Capital Management in a dispute over alleged tax evasion in Russia, discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious health conditions, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia. In 2010, Helsinki Commission Chairman Sen. Ben Cardin (MD) introduced the Justice for Sergei Magnitsky Act, directing the U.S. Secretary of State to publish a list of individuals involved in Sergei’s detention and death, and enabling the government to deny these individuals entry to the United States and freeze their American assets. The bill was reintroduced in the next Congress as the Sergei Magnitsky Rule of Law Accountability Act. This version covered all individual who commit extrajudicial killings, torture or otherwise egregiously violate the human rights of activists or whistleblowers in Russia. On December 14, 2012, the Magnitsky Act was signed into law, establishing severe consequences for the worst human rights violators in Russia. In 2015, Chairman Cardin introduced the Global Magnitsky Human Rights Accountability Act to expand the authorities established by the original Magnitsky Act to include the worst human rights violators and those who commit significant acts of corruption around the world. It became law in December 2016.

  • Helsinki Commission Briefing to Probe Ties Between Corporations and Dictators

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: DICTATORS, INC. Monday, November 22, 2021 10:00 a.m. Register: https://bit.ly/3qKc5NW Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. This briefing will examine the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists will discuss the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. The following panelists are scheduled to participate:  Vladimir Milov, Russian opposition politician and economist Matt Schrader, Advisor for China, Center for Global Impact, International Republican Institute Karen Sutter, Specialist in Asian Trade and Finance, Congressional Research Service

  • Fifteen Years of the Recommendations of Policing in Multi-Ethnic Societies

    By Nathaniel Haas, Max Kampelman Fellow On November 5, 2021, the OSCE High Commissioner on National Minorities convened a hybrid conference commemorating the 15th anniversary of “Recommendations on Policing in Multi-Ethnic Societies.” The conference focused on continuing challenges and new perspectives related to policing in diverse societies and was attended by more than 200 participants from thirty participating States and civil society, including Helsinki Commission Chairman Sen. Ben Cardin. Helsinki Commission staff Shannon Simrell and Dr. Mischa Thompson also attended. OSCE High Commissioner Kairat Abdrakhmanov opened the meeting, stating, “The Policing Recommendations provide guidance on how to enhance communication and trust between the police and national minority communities, thereby strengthening inter-ethnic relations, as well as increasing the operational effectiveness of the police.” He also noted the importance of the recommendations in assisting policymakers in ensuring police represent the societies they serve. Citing the urgent need to address discriminatory policing following the tragic death of George Floyd, Chairman Cardin said, “Strengthening cooperation between law enforcement and civil society, providing victims assistance, and promoting democracy and equal opportunity must become key aspects of the OSCE effort to address hate crimes and intolerance in the region.” As the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, Chairman Cardin also called attention to the urgent item recently adopted by the OSCE PA calling for an OSCE plan of action to address bias motivated violence, including in policing. Against the backdrop of high-profile cases of discriminatory policing, speakers discussed barriers and solutions to addressing police misconduct, increasing diversity in police forces, strengthening police-community relations, and incorporating minority and gender perspective in policies relating to police recruitment, training, and operations. Recommendations included training law enforcement officers on language and multicultural communications skills and developing inter-ethnic trust building measures to foster better community relations. Other speakers recalled the important role of police in working with communities following terrorist attacks such as the Pittsburgh Tree of Life and Norway attacks, as well as addressing issues of radicalization within police forces.   Several panelists recommended developing targeted outreach and recruiting campaigns to need for ethnic and gender diversity to increase police effectiveness and decrease violence.  Senior Police Advisor Kara Rose of the U.S. State Department’s Bureau of International Narcotics and Law Enforcement Affairs offered examples of U.S. programs addressing implicit and explicit bias in the criminal justice system.  She highlighted gender strategies and programs that promote the protection of women and minorities in law enforcement careers.  Theresa Segovia, Associate Director of the Community Relations Service of the U.S. Department of Justice, discussed her work with religious communities and how working with youth was key to developing strong relations with multi-ethnic communities.  Given the duty of police to protect and serve, speakers also discussed the importance of depoliticizing the police and ways to keep police safe on the job amidst continuing societal tensions.

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