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Behind new law, the FBI is getting into anti-doping, but not everyone wants the help
The Washington Post
Rick Maese
Friday, April 09, 2021

Behind a new law it intends to wield like a “massive hammer,” the FBI is viewing this summer’s Tokyo Olympics as the first opportunity to expand its efforts to probe corruption in sporting events around the world. But given the reception the law received internationally when it was signed in December, the Summer Games instead might test whether U.S. investigators can expect cooperation or resistance from their global counterparts.

The Rodchenkov Anti-Doping Act gives American prosecutors the ability to pursue anyone who conspires to cheat in major sporting events. Even before the law passed, Joseph Gillespie, the FBI’s unit chief overseeing transnational threats, launched the Sport and Gaming Initiative, focusing more attention and resources on investigating sports-specific crimes. He said investigators have met with Department of Justice officials and begun outreach with foreign law enforcement agencies and sports organizations to discuss ways to better police sports internationally.

“We have this massive tool where it’s a codified thing that we can use to go after people,” Gillespie said. “You see lots of legislation come in, and sometimes it’s very loose and vague and not very expansive. This particular one, because of the elements, their definition of a major international sports competition, it’s quite expansive.”

Born out of the Russia doping scandal, the law easily passed through Congress last year. But some international sports officials felt the United States was granting itself gratuitous powers, expanding its jurisdiction to any international sports event that includes an American athlete, is broadcast in the United States or features a sponsor that does business in the United States.

The World Anti-Doping Agency railed against the bill, warning jurisdictional issues will complicate and undermine existing anti-doping efforts.

The Tokyo Olympics could provide the first glimpse of how the law might be implemented, revealing the willingness of U.S. authorities to apply it, the level of cooperation they’ll receive from outside agencies and the hurdles inherent with enforcing extraterritorial laws.

“These types of laws are helpful in terms of creating some kind of definition of the crimes. But their bark is often way worse than their bite,” said Mark A. Drumbl, director of the Transnational Law Institute at the Washington and Lee School of Law. “You can’t bring a case if you don’t have evidence. Without the transfer of people, information, witnesses, it leads to nothing.”

The bill’s namesake, Grigory Rodchenkov, the whistleblower who helped expose the depths of the Russian scandal, said it will be needed in Tokyo, where Russia has been formally barred but dozens of Russian athletes will be allowed to compete as “neutral athletes from Russia.” In an email to The Washington Post, he said Russians “keep using doping as a weapon to test whether the international community will ever hold them to account.”

“The Rodchenkov Act is now the ‘doping sword of Damocles’ hanging over the heads of the doping orchestrators who know that sooner or later they will be punished,” he said. “I do firmly believe that this law, and the U.S. Department of Justice and FBI, will bring a new day of real change, deterrence and justice to world sport.”

‘Absolutely inevitable’

Unique in the sports world, the Rodchenkov Act could be similar in practice to other extraterritorial laws, such as the RICO Act. The law equates doping with a form of fraud, victimizing athletes, sponsors and audiences who expect clean and fair competition. While the courts have helped define the reach and limits of other transnational laws, Congress tried to make the scope and reach of the Rodchenkov Act immediately clear.

Paul Massaro, a policy adviser for the Helsinki Commission and a key architect of the legislation, has a background in anti-corruption, finance and trade and wanted a law that was practical and gave authorities proper guidance. In other sports-related cases — the FIFA investigation, for example — prosecutors have had to hunt for applicable pieces of the RICO and Travel acts. This law codifies the anti-doping crimes.

“It is the real deal,” Massaro said. “It has real teeth, and we expect real enforcement. We expect real deterrence, and we have the capacity to do so. We’ve seen exactly this happen with all sorts of extraterritorial criminal law.”

Massaro and Rodchenkov appeared this week on the “Helsinki on the Hill” podcast, one of the rare times Rodchenkov, the former head of Russia’s national anti-doping laboratory who now lives incognito in the United States, has spoken publicly. In the interview, he likened doping to a cancer that has metastasized over several years and said the world has “no remedy, no tool, no cannon or rifle to kill everything at once.”

“Look, why Rodchenkov Act was inevitable? Because sport corruption and crime, they have close-link relations,” he said. “And if you take a helicopter view, what would we have in sport, we have several issues. It’s betting/gambling, sexism and doping. The first two issues, there are criminal laws and criminal things. So it was absolutely inevitable to bring criminal law enforcement into sport.”

Passing a law and enforcing one are different matters. Extraterritorial criminal laws require cooperation at almost every level, Drumbl said, and even if the U.S. law is clearly defined, American authorities might need foreign support to vigorously pursue investigations.

“Without the cooperation of other states — if the harm occurred somewhere else, if the information you need is somewhere else, if the wrongdoers are somewhere else — it’s just going to be hard in a practical, logistical sense to bring a case,” he said. “You need a lot of cooperation for this to work in a legal system. That’s the stuff that law makes more complicated. It’s not just politics. You’ve got to adhere to a whole set of standards.”

Gillespie, too, says the FBI has had lengthy discussions with entities such as Interpol and the Council of Europe’s Network of National Platforms, in which more than 30 countries work together to probe sports competition. Known as the Group of Copenhagen, the multinational entity has relationships with organizations such as FIFA and the International Olympic Committee, and the FBI was among the agencies on-site at the 2019 Women’s World Cup, aiding real-time investigative efforts.

“We need to increase our rapport and cooperation with the sporting organizations, those integrity elements,” Gillespie said. “And so to a certain extent, we have to kind of drop the FIFA in the past. That happened. We’re done. We’re not coming at you. We want to work with you to make sure that doesn’t happen within those organizations.”

It’s not clear how much international sports organizations will welcome American authorities. WADA met with U.S. lawmakers last year to point out what it sees as problems with the legislation, and a spokesman said the organization’s position has not changed.

“WADA as well as several governments and international sports organizations remain concerned that the Act could have a number of negative unintended consequences for the fight against doping in sport around the world,” WADA’s James Fitzgerald said in an email. “WADA continues to be ready and willing to assist the U.S. authorities in devising how best to implement the positive aspects of the Act without destabilizing the harmonized global anti-doping system.”

Massaro said U.S. authorities won’t necessarily need the aid of organizations such as WADA to bring charges against bad actors. He notes that the Russian scandal unfolded under the watch of WADA and the IOC yet Russian athletes are still allowed to compete internationally.

“The necessity will be minimal,” he said, “and honestly, in my opinion, it should be kept to a minimum. These organization are compromised, and they are part of the problem.”

A test in Tokyo

The FBI has been active in sports investigations in the past, but in establishing the Sport and Gaming Initiative last year, Gillespie said the agency was realigning resources, educating field offices and firming up relationships with sports organizations. In addition to international doping, he said, the FBI will have an interest in potential match-fixing and gambling-related crimes. He added the college sports arena could be especially vulnerable to corruption.

He wants domestic and international leagues to know the FBI intends to be active in this space and hopes the network of extraterritorial laws discourages wrongdoers. He said the Justice Department’s Organized Crime and Gang Section has indicated an interest in pursuing cases built off the Rodchenkov Act. Justice Department officials did not respond to requests to comment.

“Obviously, the application of it will be key,” Gillespie said of the new law. “The first couple of cases that come under it are going to be very key for setting a precedent on the interpretation of it.”

It’s not clear what the FBI presence might be at the Tokyo Games. At the Women’s World Cup, the Group of Copenhagen operated a mini command post, which included the FBI and other agencies, and Gillespie said, “We want to see if we can apply that towards the Olympics and these other major institutions.

“We feel that it would be a good selling point for the International Olympic Committee for them to advertise that there’s an integrity element as part of those Games,” he said. “… We’ll have to present that under the international umbrella because they may be fearful of us coming at them directly.”

With competition schedules scuttled and training upended during the coronavirus pandemic, drug testing has been inconsistent throughout the sports world for more than a year, ramping up fears that the Tokyo Games will be ripe for abuse. Massaro said these Olympics amount to a “very, very serious test” and everyone will be looking to see if the United States is serious about assuming a role as a global watchdog.

“If Russia is going to test the waters and do in Tokyo what they’re doing in Ukraine right now — testing the Biden administration by heating up conflict — they’ll want to test it in Tokyo, and we’ll have to be ready to push back with this law,” Massaro said.

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  • Lawmakers call for crackdown on financial ‘enablers’ after Pandora Papers revelations

    A bipartisan group of lawmakers plans to introduce legislation this week that for the first time would require trust companies, lawyers, art dealers and others to investigate foreign clients seeking to move money and assets into the American financial system. The bill’s sponsors cited the findings of the Pandora Papers investigation, the result of a sweeping international collaboration published this week that exposed how the global elite conceal their wealth in tax havens that increasingly include the United States. Stories by The Washington Post and the International Consortium of Investigative Journalists (ICIJ) showed that little-known trust companies in Sioux Falls, S.D., established nearly 30 trusts holding assets connected to people or companies accused of corruption, human rights abuses or other wrongdoing in some of the world’s poorest communities. The investigation also found that King Abdullah II of Jordan secretly used offshore companies to purchase three properties in Malibu and revealed the use of two offshore trusts by an art dealer, now deceased, who was accused by U.S. prosecutors of trafficking in looted Cambodian artifacts. The proposed law, known as the Enablers Act, would amend the 51-year-old Bank Secrecy Act, by requiring the Treasury Department to create basic due-diligence rules for American gatekeepers who facilitate the flow of foreign assets into the United States. Banks are already required to investigate their clients and sources of wealth, but trust companies, lawyers, investment advisers, accountants, art dealers, public relations firms and other professionals have been excluded from due-diligence rules — a loophole regularly criticized by financial crime experts and international watchdogs. The proposed legislation, experts say, represents the most significant change of anti-money-laundering rules since 9/11. “If we make banks report dirty money but allow law, real estate, and accounting firms to look the other way, that creates a loophole that crooks and kleptocrats can sail a yacht through,” Rep. Tom Malinowski (D-N.J.), co-sponsor of the proposed bill and co-chair of the Congressional Caucus against Foreign Corruption and Kleptocracy, said on Wednesday. “Our bill closes that loophole and encourages the administration to move in the same direction.” Malinowski called on the White House to support the legislation, co-sponsored by Reps. Steve Cohen (D-Tenn.), co-chair of the bipartisan Commission on Security and Cooperation in Europe; Joe Wilson (R-S.C.), ranking member of the commission; and Maria Elvira Salazar (R-Fla.), a member of the caucus. “All around the world, countries are being looted and the most vulnerable people victimized by their elites,” Cohen said. “These kleptocrats then launder that money to the West, where they enjoy the high life — spending the money on luxury cars, penthouses, jets and opulent parties. Some also spend it on intervening in our democracy … working to undermine the rule of law. In order to fight corruption, we must curb the enablers.” If passed, the law would give the Treasury Department until December 2023 to create anti-money-laundering rules for the gatekeeper industries. A new national security task force would oversee the effort. After 9/11, banks — criticized for serving and shielding terrorists, drug traffickers and dictators — shored up their due-diligence practices. Financial crime experts say that such measures encouraged wrongdoers to find other financial gatekeepers, including the U.S. trust industry. “Global criminals, kleptocrats, dictators, they’re going to look for new ways to launder their money and we’re going to try to close them down, but the gap right now is just massive — we basically left our financial defenses wide open,” said Paul Massaro, a congressional anti-corruption adviser who helped work on the proposed legislation. In South Dakota, now considered a top destination for global wealth, trust companies oversee more than $360 billion in assets, state data shows. The Post and the ICIJ investigation identified a series of international clients who moved their assets into trusts in South Dakota in recent years, including a Colombian textile mogul implicated in an international scheme to launder drug proceeds and a Brazilian orange juice executive accused of colluding to underpay local farmers. “Regulating professional enablers is how the United States could stop being the world’s top offshore financial haven, begin treating dirty money as a leading national threat and start demonstrating how democracies can deliver against corrupt adversaries and powerful special interests,” said Josh Rudolph, a member of the National Security Council staff in the Obama and Trump administrations who recently published an analysis on the role of financial gatekeepers. The proposed legislation comes as new information surfaces about Abdullah’s steps to contain the impact of the Pandora revelations before the articles about him were published. Newly filed U.S. federal disclosure forms show that Abdullah hired a law firm and a crisis management public relations company after learning that his use of shell companies to purchase luxury properties costing more than $106 million was about to become public. The moves reflect apparent concern about the potential fallout both in Washington and in Jordan, where there has been scant coverage of the Pandora stories and at least one news outlet said it was contacted by the Jordanian intelligence service and told to take down an article about the Abdullah revelations. The forms were filed by DLA Piper, a law firm hired by Abdullah, to comply with laws requiring U.S. firms to disclose when they have been hired to represent a foreign government. A letter attached to the filing shows that the DLA Piper was hired at an hourly rate of $1,335 to represent Abdullah “related to potential defamation and other legal remedies associated with inquiries and/or articles concerning His Majesty.” A lawyer for DLA Piper did not immediately respond to a request for comment. The firm was quoted in The Post as well as news stories saying that Abdullah had not misused aid money and that his use of offshore companies was driven by security concerns. A second federal filing shows that Abdullah and DLA Piper also hired Stripe Theory, an Atlanta-based consulting and public relations firm that describes itself online as a provider of strategic marketing advice “when your brand is on the line.” Craig Kronenberger, listed on the letter as an executive at Stripe Theory, did not respond to an email sent to his company address requesting comment.​​ On Sunday, The Post and the ICIJ broke the story about Abdullah’s property purchases in the United States. All told, 150 media partners contributed to the Pandora Papers, which revealed the financial secrets of 35 current and former world leaders and more than 330 politicians and public officials with assets around the world, including in the United States. “If we are serious about fighting dictatorship, we need U.S. professionals to do the most basic due diligence — no American should be accepting money from Chinese Communist Party operatives, Iranian mullahs, Russian oligarchs or others,” Wilson said. “The Enablers Act is a critical national security measure.”

  • Chairman Cardin on Impact of Pandora Papers

    “This unprecedented investigation should further drive the need for transparency and delving deeper into such international transactions.” WASHINGTON—Following the release of the Pandora Papers, Helsinki Commission Chairman Sen. Ben Cardin (MD), author of the Sergei Magnitsky Human Rights Accountability Act and the Global Magnitsky Human Rights Accountability Act, issued the following statement: “The Pandora Papers are a wake-up call for anyone who cares about the future of democracy. The sheer scale of questionable financial flows entering the United States from abroad is astonishing and warrants further review. Kleptocrats from dictatorships and struggling democracies have stolen untold sums and potentially have laundered them through our country and those of our allies. “Such activity poses a direct threat to U.S. national security by hollowing out the rule of law abroad and threatening to do the same at home. It is more important than ever that we increase transparency of such transactions, purge dirty money from our system, and ensure that the United States of America denies kleptocrats safe haven. Our nation must continue to stand with the victims of kleptocracy. This means tackling the problem of the enablers of kleptocracy.” The Pandora Papers represent the largest investigation ever into the true workings of the offshore economy. They reveal how “the United States, in particular, has become an increasingly attractive destination for hidden wealth.” These investigations on the hidden wealth of foreign dictators, their associates, and other corrupt officials include documents from 206 U.S. trusts in 15 states and Washington, D.C., and 22 U.S. trustee companies. South Dakota, in particular, was singled out for criticism. Lawyers also have been central to creating the offshore system, which is behind the ability to transfer illicit wealth anonymously and easily. Three hundred politicians and public officials from more than 90 countries and territories are identified in the Pandora Papers. Two members of Putin’s inner circle and individuals listed on the Navalny 35 list of human rights abusers and kleptocrats, Konstantin Ernst and Gennady Timchenko, used offshore companies and enablers to engage in a $230 million sweetheart real estate deal, and received hundreds of millions of dollars in suspicious “loans,” respectively. Azerbaijan’s kleptocratic ruling family, the Aliyevs, used offshore companies and enablers to obtain $700 million worth of real estate in London. Chinese Communist Party politician Feng Qiya used an offshore company and enablers to trade U.S. stocks with $2 million worth of illicit funds. The Helsinki Commission recently held a public briefing on the enablers of kleptocracy, examining how they put U.S. national security at risk and how they could effectively be regulated.

  • Helsinki Commission Regrets Closure of OSCE Observer Mission at Russian Checkpoints Gukovo and Donetsk

    WASHINGTON—In light of yesterday’s termination of the activities of the OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk on the Russian-Ukrainian border, 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: “By forcing the closure of the OSCE Observer Mission on Ukraine’s border, despite clear and continued support from other OSCE States for the mission, the Kremlin is once again trying to blind the international community to the reality of its aggression against Ukraine.  The mission regularly observed and reported suspicious movements at the border. “Rather than blocking OSCE instruments, Russia needs to cease its war against Ukraine, including reversing its illegal occupation of Crimea.”    The OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk was intended to build confidence through increased transparency by observing and reporting on the situation at the international border between Ukraine and Russia. Russia had previously imposed severe restrictions on the observer mission, including limiting movement and prohibiting the use of binoculars or cameras.  Despite these limitations, the mission reported on the movements of more than 24 million people since beginning operations in 2014. It observed more than 100 Russian convoys, along with individuals in military apparel and thousands of other vehicles, crossing the uncontrolled border.

  • Helsinki Commission Leadership Condemns Russian Obstruction of OSCE Human Rights Work

    WASHINGTON—In response to Russian intransigence blocking the annual OSCE Human Dimension Implementation Meeting (HDIM), 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 are extremely disappointed that the HDIM failed to start this week as planned, due solely to Russian intransigence blocking the meeting. The Kremlin has reached a new low in its efforts to undermine the OSCE’s work to promote human rights and democracy. “Russia clearly fears criticism of its worsening human rights record and fraudulent elections from the OSCE, other OSCE participating States, and civil society. The HDIM, through its thorough review of states’ human rights records and its inclusion of civil society, is a crown jewel of the OSCE’s human rights work. “We urge Russia to change its position and we expect the HDIM to be held in accordance with the agreement adopted in Helsinki in 1992 by the heads of state of all OSCE participating States—including Russia—that established the HDIM. For our part, we will continue to speak out when we see human rights violations, including in the Russian Federation.” The OSCE Human Dimension Implementation Meeting is the region’s largest annual human rights conference, and typically brings togethers hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to engage in a comprehensive review of the participating States’ compliance with their human rights and democracy-related commitments. The meeting is held in Warsaw, Poland, where the OSCE’s Office for Democratic Institutions and Human Rights is headquartered.

  • Helsinki Commission Digital Digest September 2021

  • Enabling Kleptocracy

    Modern dictatorship relies on access to the West. Lawyers, lobbyists, accountants, real estate professionals, consultants, and others help kleptocrats launder their money and reputations—and exert undue influence in democracies—in exchange for dirty money. Without the energetic assistance of these gatekeepers, kleptocrats could not move their money to western democracies and would be forced to live under the repressive systems they have created. This public briefing brought together four experts on the enabling industry to discuss the various types of enablers, how they compromise democracy, and how they can best be regulated, with an emphasis on potential legislative responses. Modern dictatorship relies on access to the West. Lawyers, lobbyists, accountants, real estate professionals, consultants, and others help kleptocrats launder their money and reputations—and exert undue influence in democracies—in exchange for dirty money. Without the energetic assistance of these gatekeepers, kleptocrats could not move their money to western democracies and would be forced to live under the repressive systems they have created. At this briefing, four experts on the enabling industry came together to discuss the various types of enablers, how they compromise democracy, and how they can best be regulated, with an emphasis on potential legislative responses. Helsinki Commission Senior Policy Advisor Paul Massaro opened the briefing by explaining that currently only banks are required to do due diligence on the source of funds; no other industries are similarly regulated, which allows them to accept and launder dirty money with impunity. Massaro explained that actions in the 116th Congress abolished anonymous shell companies and made it harder to launder money; now, it is necessary that we curb the enablers. Lakshmi Kumar, policy director at Global Financial Integrity, focused on the real estate market. According to a recent GFI report, more than $2 billion of laundered money flows through the real estate market each year, with 80 percent from foreign sources spread across more than 26 countries. The majority comes from high net worth and politically connected individuals who rely on an “arsenal” of enablers to help guide them through the process of laundering money. These enablers include lawyers, real estate agents, real estate developers, and investment advisors who generally are either directly complicit or willfully blind. “The absence of rules and regulations around these enablers is what creates this environment,” Kumar said. Journalist Casey Michel highlighted the case study of Teodorin Obiang, the son of Equatorial Guinea’s authoritarian leader, who came to the United States to launder millions of dollars in illicit funds. An American lawyer, Michael Berger, helped him circumvent U.S. anti-money laundering efforts. Josh Rudolph, malign finance fellow at the German Marshall Fund, presented several policy options for tackling money laundering in the United States and highlighted three sectors of focus for the U.S. Treasury Department’s efforts: investment fund advisors, real estate professionals, and the art industry. He offered a blueprint for the Biden administration to counter such enablers by requiring legal professionals, company formation agents, accountants, and covert PR and marketing firms to comply with anti-money laundering rules, as well as by repealing exemptions for real estate professionals, sellers of yachts and planes, as well as crypto and other currency businesses. Transparency International’s Co-Founder Frank Vogl discussed the transactional nature of U.S. and Western foreign policy. Vogl explained that major banks found to launder money in the U.S. most often receive small fines, settle out of court, and go without the punishment of any executives in the matter. Money laundering fines have simply become the cost of doing business. Vogl also expressed the need to investigate legal finance, specifically the bond market, which allows millions to flow to authoritarian regimes. He also argued that more money should flow towards enforcing existing laws, rather than just passing new laws. Asked how money laundering and kleptocracy hurt Americans in a tangible way, Kumar responded that the rental and lease market in the U.S. is impacted negatively by kleptocrat real estate purchases. Michel added that oligarchs’ investments into the Rust Belt and other economically depressed areas in the U.S. were purely to hide money from international investigators and have led to the implosion of the broader economic base in the region. On the question of how to keep anti-money laundering efforts bipartisan, Vogl and Rudolph agreed that the problem is bipartisan at heart and should be viewed as the national security threat that it is. Finally, asked if the world bank, IMF, and other international financial institutions enable kleptocracy, Frank Vogl answered in the affirmative and called for higher transparency among international financial institutions to effectively tackle money laundering and kleptocracy.

  • The Russian election was supposed to shore up Putin’s legitimacy. It achieved the opposite.

    Electoral precinct 40, located in a charming historic area a few minutes’ walking distance from the Kremlin, is among the few in Moscow that can be trusted to count votes honestly. Ever since I first voted here at the age of 18, the official tallies have always reflected the actual votes cast. In Moscow’s 2013 mayoral election, the candidate who won the precinct was anticorruption campaigner and opposition activist Alexei Navalny. Local Muscovite pride may be one factor in this honesty; the presence of independent electoral commission members in the precinct may be another. So when I came to vote here on Sunday, and then stayed overnight to observe the count, I was certain that I would get a glimpse of the real sentiments of Russian voters. To be clear: It wasn’t an honest election. Opponents of the Kremlin, including all Navalny supporters, had been preemptively disqualified from the ballot through various bans imposed by the regime. But I did expect to see an honest count of the votes that were cast. I was proven right. The official vote tally from Precinct #40 showed the three top spots on the party list ballot divided among the Communists, Vladimir Putin’s United Russia and the liberal Yabloko party, the only genuine opposition group allowed to take part in this election. (Their shares were 27, 20 and 19 percent, respectively.) The Communist vote, usually low in Moscow, was boosted this time by support from the Navalny team, which urged voters to pick any candidates on the ballot who don’t represent United Russia — a tactic, known as “Smart Voting,” that aims to demonstrate how minimal support for the ruling party really is. On the single-member ballot (where voters choose among individual candidates rather than parties), Yabloko’s Sergei Mitrokhin won handily with 35 percent; the pro-regime candidate eked out just 14 percent. The overall official results announced next morning — both for Moscow and for Russia as a whole — might as well have come from a different country. The authorities solemnly announced that United Russia had retained its two-thirds supermajority in parliament — even though most polls (including those from government pollsters) showed support for the party in the high 20s. The rest of the seats will be filled by officially approved “opposition” parties that always end up supporting Putin’s most important initiatives. Predictably, not a single genuine opposition candidate — among the few allowed on the ballot in the first place — was actually allowed to win. This time around — in addition to traditional rigging methods such as organized voting by state employees and military conscripts, “carousel” multiple voting, and plain ballot-stuffing — the regime deployed a rather specific brand of electronic voting. When used in genuine democracies, electronic voting usually produces an outcome almost immediately. But in this election, tabulating the results took hours longer than counting traditional paper ballots — and the final result flipped at least eight Moscow districts from the opposition to United Russia. “The story with electronic voting fraud … reminds me of the switched urine samples at the 2014 Sochi Olympics,” noted political analyst Maria Snegovaya. “It was done clumsily and crudely — and by the same people, the FSB [Federal Security Service]. It seems this is the only way they can work.” In contrast to 2011, when a patently fraudulent parliamentary election brought tens of thousands of people into the streets, this time no major protests followed. Indeed, none were expected. Navalny’s arrest, and an unprecedented crackdown on opposition supporters earlier this year — with 11,000 detentions and more than 100 criminal cases against participants of pro-democracy rallies — has left Russian civil society subdued and demoralized. But this silence is deceptive. The respite for the regime will almost certainly prove to be only temporary. Recent protests and public opinion trends point to an unmistakable rise in general fatigue with one-man rule that is now stretching into its third decade. Major political change in Russia is notoriously difficult to predict — suffice it to mention the (unpredicted) political upheavals of 1905, 1917 or 1991 — but it seems likely that brewing anti-regime sentiment will burst out into the open in the spring of 2024 if Putin attempts to remain in power, in violation of the constitutional term limit he unlawfully overturned last year. It is an incontrovertible logic of history that in countries where governments cannot be changed at the ballot box, they are often changed on the streets. Russia has seen this herself, as have other countries in our post-Soviet neighborhood. It is no news to anyone that there are no real elections in Putin’s Russia. Yet international reaction to last weekend’s sham vote has been strong on both sides of the Atlantic. Lawmakers in the U.S. Congress and in the European Parliament have stated that it “severely weakens the legitimacy” of Putin’s rule. Whatever remains of that legitimacy will be finally shed in the event of Putin’s illegal prolongation of his mandate beyond 2024. European Union lawmakers have already hinted at a formal nonrecognition of any such action in the new strategy toward Russia adopted earlier this month. The year 2024 will be an important test — both for Russian society’s tolerance to autocratic rule, and for the West’s adherence to the rule of law not just in words but in practice. It’s now time to start preparing for that moment.

  • Helsinki Commission Briefing to Examine How Western Enablers Support Kleptocrats

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: ENABLING KLEPTOCRACY Wednesday, September 29, 2021 1:00 p.m. Register: https://bit.ly/3kwlHbz Modern dictatorship relies on access to the West. Lawyers, lobbyists, accountants, real estate professionals, consultants, and others help kleptocrats launder their money and reputations—and exert undue influence in democracies—in exchange for dirty money. Without the energetic assistance of these gatekeepers, kleptocrats could not move their money to western democracies and would be forced to live under the repressive systems they have created. This public briefing will bring together four experts on the enabling industry. They will discuss the various types of enablers, how they compromise democracy, and how they can best be regulated, with an emphasis on potential legislative responses. The following panelists are scheduled to participate: Lakshmi Kumar, Policy Director, Global Financial Integrity; Author, Acres of Money Laundering: Why U.S. Real Estate is a Kleptocrat’s Dream Casey Michel, Journalist; Author, American Kleptocracy: How the U.S. Created the World's Greatest Money Laundering Scheme in History Josh Rudolph, German Marshall Fund, Malign Finance Fellow; Author, Regulating the Enablers: How the U.S. Treasury Should Prioritize Imposing Rules on Professionals Who Endanger National Security by Handling Dirty Money Frank Vogl, Co-Founder, Transparency International, Partnership for Transparency Fund; Author, The Enablers – How the West Supports Kleptocrats and Corruption - Endangering Our Democracy  

  • Helsinki Commission Leaders Blast So-Called Election Results in Russia

    WASHINGTON—Following the sham State Duma elections in Russia, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “From barring opposition candidates to stuffing ballot boxes and manipulating vote totals, there is ample evidence that these parliamentary elections may be the most blatantly fraudulent of them all. The Kremlin once again has demonstrated its utter disregard for the norms and values it purports to respect,” said Chairman Cardin. “Contrary to their international obligations, Russian authorities inexcusably restricted the number of international observers to the point that the OSCE was unable to monitor this election according to its long-established methods. Compounded with the fact that no election is free or fair if the principal opposition figures are kept off the ballot, as in this case, these elections will provide not a shred of legitimacy to those who take their seats in the Duma.” “Citizens cannot freely choose who represents them when opposition candidates are banned from running, poll workers stuff ballot boxes, and last-minute electronic ‘vote counting’ pushes Kremlin-preferred candidates over the top,” said Co-Chairman Cohen. “With each election, fewer and fewer opportunities remain for dissent in Russia, demonstrating Putin’s growing insecurity about his ability to stay in power unassisted.” “Moscow’s intimidation of local workers and businesses has left U.S. companies tainted for doing business in Russia,” said Sen. Wicker. “The moral cost of doing business in Russia increases with every day that Putin and his cronies bully their opponents into submission to maintain political power.” “Despite the lack of international observers, independent observers in-country bravely documented violations exposing the Kremlin’s machinations and the illegitimacy of this weekend’s election,” said Rep. Wilson. “The people of Russia deserve a vote that counts and a government that doesn’t stack the deck in its own favor.” The State Duma elections took place from September 17 – 19, 2021. Ahead of the election, many critics of the Kremlin were barred from running; in June 2021, a Moscow court ruling banned Alexei Navalny’s Anti-Corruption Foundation and associated organizations as “extremist” groups. As voting took place, photos and videos from live-stream camera feeds captured violations including officials stuffing ballot boxes and people being given multiple ballots. At the end of the vote count in Moscow, non-United Russia candidates who had been consistently leading lost at the last minute after thousands of “delayed” electronic ballots changed the results. On September 17, under threat of criminal prosecution of its staff in Russia, Google removed the Smart Vote app, a tool created by Navalny’s team to help voters identify candidates with the best chance to defeat a United Russia party candidate. Google also blocked access to two documents on Google Docs that included lists of Smart Vote endorsements on the grounds that the documents were “illegal” in Russia. Apple removed the Smart Vote app in Russia as well, claiming it had to follow Russian laws about “illegal” content. On September 18, at the Russian government’s request, YouTube blocked a video that included names of recommended candidates for Navalny’s Smart Vote initiative. The OSCE’s Office for Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly chose not to observe the Russian elections due to severe restrictions Moscow placed on the number of international observers that would have left the OSCE unable to conduct a complete observation consistent with its usual methodology and standards.

  • Congress takes aim at kleptocracy

    A bipartisan group of lawmakers is gearing up to make 2021 the year Congress has the bipartisan support necessary to pass sweeping legislation to fight kleptocracy. On Sept. 10, Reps. Steve Cohen, the U.S. Helsinki Commission cochair, and the committee’s ranking member, Joe Wilson, introduced the Counter-Kleptocracy Act. The legislation consolidates seven bipartisan bills that aim to tackle corruption and illicit financial flows, all of which lawmakers introduced in the past year. The Counter-Kleptocracy Act now has 17 bipartisan cosponsors. It includes legislation enabling the administration to name and shame kleptocrats banned from the U.S. and creates a public website documenting the amount of money stolen by corrupt officials in each country, among other initiatives. The game plan is to leverage the bipartisan support for the bills in the House and Senate, and to include the bills in the National Defense Authorization Act this year or next. Several of the measures have already been added to the most recent version of the House bill. Three decades after the end of the Cold War, many lawmakers in Washington recognize that, rather than adopting democratic norms and practices, corrupt officials and kleptocrats from abroad have influenced the U.S. political system and undermined national security by funneling money stolen from their own citizens into the U.S. With this in mind, fighting kleptocracy is becoming one of the standout issues that Republican and Democratic lawmakers agree about tackling. “We’ve never had more momentum on this than we have now,” said Paul Massaro, a senior policy adviser at the U.S. Helsinki Commission, who has been advocating for anti-corruption efforts in Congress for a decade. “If you told national security experts in 2014 or 2015 that corruption is a national security threat, you would get blank looks. Now Congress and the president are calling it a national security threat.” The Biden administration released a memorandum establishing the fight against corruption as a core national security interest in June. Members of Congress say they wholeheartedly agree with that assessment. “From my experience as a former CIA case officer and from my work on the House Foreign Affairs Committee, it is very clear that corruption at home and abroad is a national security threat,” said Rep. Abigail Spanberger, one of the bill’s cosponsors. Rep. Katie Porter, another cosponsor, added that anti-corruption efforts at home can help advance U.S. interests abroad. “Americans know that corruption makes government less representative, less transparent, and less responsive to people’s needs. That’s true everywhere there is government corruption, including in many countries where it poses a threat to our foreign policy and national security goals,” Porter said. Experts say former President Trump’s administration played a crucial role in highlighting the dangers of kleptocracy and raising awareness about corruption. “I think one of the reasons that we’ve seen enormous momentum in Washington is that the U.S. had a very unique experience over the past several years with a president who was so saturated in and benefited significantly from these types of pro-kleptocracy or kleptocratic services,” said Casey Michel, an adjunct fellow at the Hudson Institute's Kleptocracy Initiative and author of the book American Kleptocracy. “Trump was one of the first global leaders to emerge from one of these pro-kleptocracy industries. That is, the American luxury-real-estate industry and its marriage with anonymous shell companies,” Michel added. What’s more, it’s becoming apparent that global kleptocracy affects the lives of the people that Congress members represent. When Ukrainian oligarch Ihor Kolomoisky laundered millions of dollars through real estate in Cleveland, for example, it stymied economic growth in the area, Michel says. “They used all of this looted wealth and bought up commercial real estate, factories, and manufacturing plants that were really the life blood of these small communities, and they left these buildings to rot,” Michel said. “So instead of being a revitalization campaign and bringing jobs back, they are just dead weight.” Meanwhile, the rise of illiberalism and anti-democratic regimes from Hungary to Venezuela has also played a role in calling attention to illicit financial flows, lawmakers argue. “With authoritarianism on a troubling rise around the globe, the United States must do everything humanly possible to root out foreign corruption and kleptocracy—which is the preferred fuel of a tyrant’s rise to, and hold on, power,” said Rep. Emanuel Cleaver. “The Counter-Kleptocracy Act is critical to America’s national security and the defense of democracy-loving nations across the world,” Cleaver added. Sen. Marco Rubio, a member of the Senate Foreign Relations Committee, also introduced bills included in the Counter-Kleptocracy Act because of concern for rising authoritarianism. “As corrupt regimes worldwide seek to undermine the rule of law, the Justice for Victims of Kleptocracy Act of 2021 represents a step in the right direction in order to hold kleptocrats accountable,” Rubio said, referring to a bill that would create a public Justice Department website documenting the amount of money stolen by corrupt officials in each country and recovered by the U.S. In general, U.S. counter kleptocracy initiatives fall into three categories. Some work to push dirty money out of the U.S. financial system by enforcing beneficial ownership transparency or requiring lawyers, lobbyists, accountants, real estate agents, and other gatekeepers to verify the source of their clients’ income. Advocates say more efforts are needed on this front, including legislation imposing gatekeeper requirements. Other efforts aim to bolster the rule of law and tackle corruption abroad by abolishing tax havens and making it more difficult for corrupt individuals to use anonymous shell companies based in foreign jurisdictions. Another category of anti-corruption efforts, led in large part by the Justice Department and the Treasury Department’s Office of Foreign Assets Control, include dismantling kleptocratic networks by issuing sanctions, visa bans, or indictments. The legislation in the Counter-Kleptocracy Act focuses largely on these latter efforts. For example, the Foreign Corruption Accountability Act authorizes visa bans on foreign nationals who use state power to engage in acts of corruption and the Revealing and Explaining Visa Exclusions for Accountability and Legitimacy Act enables the executive branch to reveal the names of human-rights abusers and kleptocrats banned from the U.S. Sen. Ben Cardin, who introduced two of the initiatives in the Counter-Kleptocracy Act, noted that the bills have support in the Senate. “I am proud that two of my initiatives, the Combating Global Corruption Act and the Transnational Repression Accountability and Prevention Act, have been included in the Counter-Kleptocracy Act. A third, the Countering Russian and Other Overseas Kleptocracy Act, is also moving in the House. All three bills have momentum in the Senate as well,” Cardin said. “By passing these pieces of legislation, we create the tools and authorities necessary to confront modern dictatorship.” Cohen, who introduced the package, also said he’s counting on his colleagues to back the initiative. “All seven of these bills are bipartisan and they are good bills,” Cohen said. “I don’t know of a single member of Congress who publicly supports corruption or kleptocracy. Does that mean there won’t be pushback? Maybe not. I have been surprised before. But I hope that my colleagues in Congress will recognize how important this bill is and lend their support.”

  • Co-Chairman Cohen, Ranking Member Wilson Introduce Counter-Kleptocracy Act

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Counter-Kleptocracy Act. The legislation consolidates seven bipartisan counter-kleptocracy bills led by members of the Helsinki Commission and the Caucus against Foreign Corruption and Kleptocracy during the 117th Congress. “Kleptocracy threatens national security and human rights. It underpins every global challenge we face today. From climate change and COVID to organized crime and human trafficking, corruption either causes or exacerbates the problem. The United States should do all it can in facing down kleptocratic regimes.  I am happy to support President Biden’s proclamation that countering corruption is a ‘core U.S. national security interest’ by sponsoring the Counter-Kleptocracy Act,” said Co-Chairman Cohen. “Corruption is the lifeblood of dictators and the authoritarian system they seek to export. Foreign corruption is seeping into democratic systems, undermining them from within, and it is high time we treat corruption like the pressing national security threat that it is. The Counter-Kleptocracy Act—which includes seven bipartisan bills and represents the efforts of a large group of bipartisan and bicameral members—will finally provide the authorities and transparency we need to counter this threat,” said Rep. Wilson. The Counter-Kleptocracy Act includes the following counter-kleptocracy bills: Revealing and Explaining Visa Exclusions for Accountability and Legitimacy (REVEAL) Act (H.R. 4557, S. 2392), introduced by Co-Chairman Cohen & Rep. Steve Chabot (OH-01), and Helsinki Commission Chairman Sen. Ben Cardin (MD) and Commissioner Sen. Marco Rubio (FL)—Enables the executive branch to reveal the names of human rights abusers and kleptocrats banned under Immigration and Nationality Act section 212(a)(3)(c) for “potentially serious adverse foreign policy consequences,” a major provision for banning bad actors. Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4806, S. 2010), introduced by Co-Chairman Cohen and Rep. Wilson, and Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Chairman Cardin—Establishes priorities of U.S. engagement at INTERPOL, identifies areas for improvement in the U.S. government’s response to INTERPOL abuse, and protects the U.S. judicial system from abusive INTERPOL notices. Combating Global Corruption Act (H.R. 4322, S. 14), introduced by Rep. Tom Malinowski (NJ-07) and Rep. María Elvira Salazar (FL-27), and Chairman Cardin and Sen. Todd Young (IN)—Creates a country-by-country tiered reporting requirement based on compliance with anti-corruption norms and commitments. Leaders of those countries in the lowest tier will be considered for Global Magnitsky sanctions. Foreign Corruption Accountability Act (H.R. 3887), introduced by Rep. John Curtis (UT-03) and Rep. Malinowski—Authorizes visa bans on foreign persons who use state power to engage in acts of corruption against any private persons and publicly names them. Foreign Extortion Prevention Act (H.R. 4737), introduced by Rep. Sheila Jackson Lee (TX-18) and Rep. Curtis—Criminalizes bribery demands by foreign officials. Golden Visa Accountability Act (H.R. 4142), introduced by Rep. Adam Kinzinger (IL-16) and Rep. Malinowski—Creates a U.S.-led database to prevent the abuse of investor visas allowing foreign corrupt officials to move around the world freely and covertly and enjoy ill-gotten gains. Justice for Victims of Kleptocracy Act (H.R. 3781, S. 2010), introduced by Rep. Malinowski and Rep. Curtis, and Helsinki Commissioners Sen. Richard Blumenthal (CT) and Sen. Rubio—Creates a public Department of Justice website documenting the amount of money “stolen from the people” by corrupt officials in each country and “recovered by the United States.” Helsinki Commissioners Rep. Brian Fitzpatrick (PA-01), Rep. Emanuel Cleaver, II (MO-05), Rep. Richard Hudson (NC-08), Rep. Marc Veasey (TX-33), Rep. Ruben Gallego (AZ-07), and Rep. Gwen Moore (WI-04) are original cosponsors of the legislation, along with Rep. Malinowski, Rep. Curtis, Rep. Jackson Lee, Rep. Salazar, Rep. Marcy Kaptur (OH-09), Rep. French Hill (AR-02), Rep. Katie Porter (CA-45), Rep. Anthony Gonzalez (OH-16), Rep. Abigail Spanberger (VA-07), and Rep. Dean Phillips (MN-03). The Counter-Kleptocracy Act has been endorsed by the following organizations: Academics Stand Against Poverty, Accountability Lab, Africa Faith and Justice Network, Anti-Corruption Data Collective, the Anti-Corruption Foundation (founded by Alexey Navalny), Centre for the Study of Corruption – University of Sussex, Citizens for Responsibility and Ethics in Washington (CREW), Crude Accountability, EG Justice, Estonian American National Council, Financial Accountability and Corporate Transparency (FACT) Coalition, Free Russia Foundation, Freedom House, Global Financial Integrity, Human, Rights First, Integrity Initiatives International, International Coalition Against Illicit Economies (ICAIE), Joint Baltic American National Committee, Jubilee USA Network, Never Again Coalition, Open Contracting Partnership, Oxfam America, Public Citizen, Repatriation Group International, The ONE Campaign, The Sentry, Transparency International USA, Ukrainian Congress Committee of America, and UNISHKA Research Service.

  • Cardin, Shaheen, Johnson, and Portman Issue Joint Statement on 30th Anniversary of Ukraine Independence

    WASHINGTON–Ahead of today's 30th anniversary of Ukraine’s independence, Helsinki Commission Chair Sen. Ben Cardin (MD) yesterday issued the following joint statement with fellow Senate Foreign Relations Committee members Sen. Jeanne Shaheen (NH), Chair of the Senate Foreign Relations (SFRC) Europe and Regional Security Cooperation Subcommittee and a member of the Helsinki Commission; Sen. Ron Johnson (WI); and Sen. Rob Portman (OH): “This is an important milestone for Ukraine, marking three decades since an independent Ukraine rose from the ashes of the Soviet Union’s collapse. Over the years, Ukraine has faced immense challenges in its effort to build a more prosperous future for its people, from rooting out corruption to defending its territorial integrity against an increasingly aggressive Russia. Despite these struggles, the progress made in Ukraine on urgent governance reforms are undeniable, and we, a bipartisan group of lawmakers in the U.S. Senate, congratulate our partners for staying the course. “The U.S. stands in solidarity with Ukraine as it continues to build a democratic, accountable government that is responsive to the needs of its people. We join the rest of free world in rejecting Russia's territorial claim on Crimea and condemning their ongoing assault on Ukraine's territorial integrity in the Donbas region.  We are encouraged by President Zelenskyy’s commitment to continue pro-democratic measures that will empower Ukraine and facilitate its entry to NATO and the EU, which is in the best interests of Ukraine, our transatlantic community and U.S. national security. As Ukraine celebrates 30 years of independence, the U.S. reaffirms its support for our partners’ determination to ensure a free, democratic future for all its citizens.”

  • The Passing of Sergei Kovalev

    Mr. COHEN. Madam Speaker, I rise today as the Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission) to remember the great Russian human rights activist Sergei Kovalev and to include in the Record an opinion column by Vladimir Kara-Murza from Wednesday's Washington Post. MOSCOW--"Our opposition was not political; it was moral incompatibility with the regime,'' Sergei Kovalev, a leading figure in the Soviet dissident movement, explained in an interview for a documentary I made in the early 2000s. "At some point you realize that it is shameful to remain silent.'' Last week, Kovalev died in his sleep at the age of 91. His funeral on Friday was attended by thousands of Muscovites who filed past his casket at the Sakharov Center, an institution named for his friend and mentor, Andrei Sakharov, and designated by Vladimir Putin's government as a ``foreign agent.'' Several Western countries sent their diplomats to pay respects. No Russian government official attended. Perhaps it was better this way. I doubt Kovalev would have appreciated hypocritical gestures of condolence from a regime led by a KGB officer who has brought back many of the authoritarian practices Kovalev spent his life fighting. Like many in the Soviet dissident movement, Kovalev joined the human rights struggle from the academic world. A successful biophysicist and head of a laboratory section at Moscow State University, he had a PhD and more than 60 research papers to his name. But he could not remain silent in the face of a resurgent totalitarianism of the Brezhnev era that saw both domestic repression and aggressive posturing abroad. For Kovalev, the defining moments were the show trial of writers Andrei Sinyavsky and Yuli Daniel and the Soviet invasion of Czechoslovakia, both in the second half of the 1960s. His activism brought his scientific career to an end, of course. From then on, Kovalev dedicated his life to documenting, publicizing and confronting abuses committed by his government against his fellow citizens. A founding member of the Initiative Group for the Defense of Human Rights in the USSR--the first human rights group in the country--and the Moscow chapter of Amnesty International, Kovalev served as the editor of the Chronicle of Current Events, the samizdat news bulletin that reported on human rights violations throughout the Soviet Union. During Kovalev's subsequent trial on charges of "anti-Soviet agitation,'' the KGB tried to prove the slanderous nature of the Chronicle's reporting--but ended up confirming its accuracy. Not that it changed the outcome: Kovalev was sentenced to seven years of imprisonment followed by three years in internal exile. His trial was held behind closed doors with a preselected "audience.'' Sakharov tried, unsuccessfully, to enter the courtroom and ended up standing outside the door throughout the trial. At the very same time, in Oslo, Sakharov's wife, Elena Bonner, was accepting his Nobel Peace Prize, which he dedicated to "all prisoners of conscience in the Soviet Union and in other Eastern European countries''--including Kovalev, whom he mentioned by name. The collapse of communist regimes in Eastern Europe saw many former dissidents go into politics to help steer their countries toward democracy. Poland's Lech Walesa and Czechoslovakia's Vaclav Havel were only the best-known examples. In Russia, to its chagrin, this was more the exception than the norm--but Sergei Kovalev was among those exceptions. Four times he was elected to the Russian parliament. He was also Russia's first human rights ombudsman, co-wrote the human rights clauses in the constitution and served as Russia's representative on the U.N. Human Rights Commission and the Parliamentary Assembly of the Council of Europe. Throughout it all, he stayed true to the principles that had defined his dissident period. He sought to make politics moral and never compromised his conscience. With the start of Russia's military campaign in Chechnya, he tried to use his position to prevent bloodshed--including by personally leading negotiations that saved the lives of more than 1,500 hostages during a terrorist siege in the summer of 1995. But while President Boris Yeltsin had genuine respect for Kovalev, he chose advice from elsewhere. When it became clear that the war would not stop, Kovalev resigned his official positions and sent Yeltsin a sharply worded open letter. The president responded personally, thanking Kovalev for his service and expressing sympathy for his motivation. This was a different Russia. Kovalev spent the last part of his life as he did the first: in opposition to a regime increasingly intolerant of domestic dissent and increasingly aggressive toward others. While Russia still had a real parliament, Kovalev remained a member--voting against Putin's confirmation as prime minister in 1999 and warning of a coming "authoritarian police state led by . . . the well-preserved Soviet security services'' in early 2000. That was a time when many in Russia and in the West were still harboring illusions about Putin. When legal opposition politics became all but impossible, Kovalev returned to being what he knew best, a dissident. His last public appearance, earlier this year, was at a virtual event commemorating Sakharov's centennial. Kovalev described himself as an idealist--an indispensable quality in a seemingly hopeless struggle against a ruthless authoritarian system. The main lesson from Kovalev and his fellow dissidents was that one can choose not to remain silent even in the most difficult circumstances. And that, in the end, the struggle might not be as hopeless as it seems.

  • Cohen, Wilson, Whitehouse, and Wicker Introduce GOLD Act

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02), along with Helsinki Commissioner Sen. Sheldon Whitehouse (RI) and Helsinki Commission Ranking Member Sen. Roger Wicker (MS), this week introduced the Guaranteeing Oversight and Litigation on Doping (GOLD) Act in the House of Representatives and the Senate. The bills would enable doping fraud—a violation of the Rodchenkov Anti-Doping Act—to also activate charges under the U.S. criminal anti-money laundering and racketeering statutes. Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26), sponsors of the Rodchenkov Act, also are among the original co-sponsors of the GOLD Act in the House of Representatives. The introductions follow comments from athletes expressing concern that this year’s Olympic Games—like many in the past—already have been marred by doping.   “Some of our athletes at the Olympic Games in Tokyo suspect that there has been performance-enhancing doping going on. One nation with a history of doping was disqualified from participating under its own flag because of past violations. We need better enforcement of anti-doping rules to make sure the Olympics are clean and that athletes are winning based on their own capabilities and training,” said Co-Chairman Cohen. “It is outrageous that clean athletes must continue to face doped athletes in international competition, but it isn’t surprising. No serious deterrent currently exists to stop the networks that engage in doping fraud, so doping continues unabated and remains a powerful asymmetric tool for authoritarian states like Russia to undermine the rule of law. Enforcement of the Rodchenkov Anti-Doping Act would put an end to this,” said Rep. Wilson. “The Olympics inspire us with remarkable feats of athleticism and a shared commitment to fair play. But doping schemes undermine the spirit of the games, and help kleptocrats like Putin burnish their image on the world stage.  That's why we need to extend the reach of the Rodchenkov Act, which I helped pass into law to tackle international doping. The GOLD Act will help law enforcement use our new anti-doping law to protect the integrity of international sport,”  said Sen. Whitehouse. “The United States needs to be ready to address doping fraud. Athletes have already expressed concern about possible doping at the Tokyo Olympics, and next year’s Beijing Olympics are not likely to be better given the corrupt nature of the Chinese Communist Party,” Sen. Wicker said. “The GOLD Act would pick up where the Rodchenkov Act left off, expanding the reach of the law by acknowledging that doping never happens in a vacuum. The corrupt officials and human rights abusers who engage in doping fraud also engage in money laundering, drug trafficking, computer hacking, racketeering, and more.” “The Rodchenkov Anti-Doping Act will finally hold Russia and other authoritarian actors to account for their state-run fraud. We should also closely examine the administrators and officials of the International Olympic Committee, World Anti-Doping Agency, and the various international sport federations, some of whom have allegedly enabled or engaged in doping fraud. The GOLD Act will make the Rodchenkov Act even broader and more powerful, and I look forward to the first indictment,” said Rep. Jackson Lee. “This week, Americans and the world are watching as Olympic athletes, who spent countless hours preparing, compete on the biggest world stage. It is critical that we do all we can to ensure they know that their effort is not tainted by someone working to rig the system. Being the largest sovereign contributor to the World Anti-Doping Agency (WADA), the United States must make certain that WADA is enforcing the rules and regulations in international competitions. The GOLD Act will strengthen the Rodchenkov Anti-Doping Act, and provide assurance to American competitors that their competition is clean and fair and that defrauded athletes may receive justice,” said Rep. Burgess. Helsinki Commissioner Rep. Richard Hudson (NC-08) and Rep. Tom Malinowski (NJ-07) also are original cosponsors of the GOLD Act. In December 2020, the Rodchenkov Anti-Doping Act became law. This groundbreaking extraterritorial criminal authority redefined doping as fraud and enables U.S. law enforcement to pursue corrupt administrators, officials, doctors, coaches, and other structural perpetrators of doping anywhere in the world. On July 21, the Helsinki Commission held a hearing on enforcement of the Rodchenkov Act at the Tokyo Olympics.

  • Helsinki Commission Summer 2021 Digital Digest

  • Co-Chairman Cohen, Ranking Member Wilson Introduce TRAP Act In House

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02) yesterday introduced the Transnational Repression Accountability and Prevention (TRAP) Act in the U.S. House of Representatives. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse. The legislation was introduced by Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) in the Senate in May 2021. “Using the legal system and INTERPOL to harass political opponents is becoming far too common,” said Co-Chairman Cohen. “Russia, Azerbaijan, Kazakhstan, Tajikistan, and Turkey frequently issue meritless INTERPOL requests that violate key provisions of INTERPOL’s constitution, subjecting international travelers to unnecessary inconvenience. The TRAP Act cracks down on the misuse of these tools to prevent autocrats from harassing their own citizens overseas.” “Dictators are increasingly pursuing political opponents and dissidents across borders. Through surveillance, harassment, and even assassination, these autocrats are attempting to build a world safe for authoritarianism—where speaking out against brutal regimes might destroy your life,” said Rep. Wilson. “It is imperative that we fight back. INTERPOL abuse is one of the worst forms of this transnational repression and I am pleased to introduce the TRAP Act with other Helsinki Commission leaders to curb it.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and are used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. One notable example of autocratic leaders using this power to harass their political enemies occurred in Rwanda. Paul Rusesabagina, a staunch critic of the Rwandan government, was arrested while traveling through Dubai after Rwanda asked INTERPOL to issue a Red Notice. Rusesabagina was then returned to Rwanda on false terrorism charges. Turkey’s government also has abused INTERPOL to target Enes Kanter, an NBA basketball player, who lives in the United States. Kanter is an outspoken member of a religious group that largely opposes the Turkish President. Original co-sponsors of the bipartisan bill include Helsinki Commissioners Rep. Emanuel Cleaver, II (MO-05), Rep. Brian Fitzpatrick (PA-01), Rep. Ruben Gallego (AZ-07), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Sheila Jackson Lee (TX-18), Rep. Tom Malinowski (NJ-07), and Rep. Peter Meijer (MI-03) also are original co-sponsors. 

  • OSCE SHDM on Digital Technology and Human Rights

    OSCE Conference on Risks and Opportunities Posed by Digital Technologies On July 12 and 13, 2021, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the third Supplementary Human Dimension Meeting (SHDM) of the year, titled "Digital Technologies and Human Rights - Opportunities and Challenges." The virtual conference included representatives from 45 OSCE participating States; a dozen OSCE missions and institutions, including the OSCE Parliamentary Assembly; more than 140 academic, national, and non-governmental human rights institutions; and international organizations like the Council of Europe, European Union, and the United Nations. Digital technologies affect human rights, gender equality, and the rule of law, and in her opening remarks, Swedish Foreign Ministry Director-General for Political Affairs Elinor Hammarskjöld stressed the nexus between digital technologies and Swedish OSCE Chairpersonship-in-Office (CiO) priorities. The COVID-19 pandemic underscored how the digital divide disproportionately affects women and girls, she explained, and stressed the threat that widespread use of digital technologies can pose to fundamental freedoms if used indiscriminately by authorities. Panelists highlighted opportunities for digital technologies to benefit societies and human rights defenders, as well as dangers they can pose to human rights. Maia Rusakova, associate professor of sociology at St. Petersburg State University, warned that data collection technologies have facilitated online recruitment by human traffickers. However, facial recognition, artificial intelligence, and tracking blockchain financial transactions and social media activity could play a role in combatting the digital threats of human trafficking.  Susie Alegre, an associate at the human rights NGO Doughty Street Chambers, highlighted how cutting-edge data collection can raise awareness of threats to human rights, support investigations, facilitate positive social change, and support human rights defenders. Examples include Data 4 Black Lives, eyeWitness to Atrocities, Forensic Architecture, and Bellingcat. Elif Kuskonmaz, a lecturer at the University of Portsmouth, cautioned that misuse of facial recognition technology could pose threats to peaceful assembly and freedom of speech, and that it could be exploited to wrongfully detain citizens. To prevent such abuse, she recommended that participating States adopt adequate legal frameworks concerning the collection, use, storage, and sharing of personal data. She urged all participating States to review the Council of Europe's Convention 108+, which addresses personal data collection in a national security context. Other panelists explored the capacity of artificial intelligence systems to reinforce existing structural inequalities through algorithms and the subsequent human rights implications. Civil Society Concerns about Government Use—or Abuse—of Digital Technology Civil society participants shared human rights concerns related to governmental use of digital technologies. Many urged the OSCE to call out repressive behavior and help participating States establish adequate legal protections against misuse. Several urged the United States and the European Union to target sanctions against the worst offenders. Many participants also took the opportunity to raise human rights concerns directly with government officials, and alleged misuse of data collected by government agencies to persecute human rights defenders, social activists, and their families.  For example, civil society activists from Kazakhstan accused the government of conducting digital surveillance and censorship on NGOs and activists, and they complained that mandatory “security certificates” allow the government to monitor and block use of non-government-controlled social media sites such as Facebook, YouTube, and Instagram. Other NGOs raised concerns about Spain's treatment of protesters in Catalonia, Greece's treatment of Turks in Western Thrace, and Russia’s occupation of Ukraine, including Crimea. A German NGO called for the abolition of facial recognition technology due to its use by law enforcement to profile specific ethnic groups and minorities, including Roma and Sinti.  Civil society participants also expressed concerns over participating States’ use of digital technology to target dissent by deploying spyware against individuals, spreading misleading government-sponsored content, and silencing protest groups and democratic movements. Several NGOs argued that their governments exploited conditions imposed by the pandemic to use surveillance camera footage, geolocation data, and contact tracing as part of a domestic surveillance campaign to discourage public political dissent. Participants highlighted how technology has been used to spread racist messaging, including the racist abuse of English football players following the recent Union of European Football Associations Euro 2020 matches. Many voiced their dismay that social media companies do not hold accountable individuals who spread racist content. Participants recommended that social media companies implement more robust algorithms to detect racist remarks.  Participating States Respond Several participating States addressed the use of technology. The European Union recognized the importance of addressing human rights abuses that arise from the misuse of digital technologies. Turkey responded by touting its 2016 law on data protection and emphasizing its multiculturalism. The Holy See responded that it is necessary to improve education in proper use and effects of technology. The Holy See also called for international regulations to guarantee the protection of human rights and fundamental freedoms, including the right to private personal electronic communication.

  • Rodchenkov Anti-Doping Act won't keep Tokyo clean - lawyer

    July 21 (Reuters) - The Rodchenkov Anti-Doping Act (RADA) is essential to restoring integrity to international sports and protecting clean athletes but won't be able to keep the Tokyo Games clean, a Helsinki Commission hearing in Washington was told on Wednesday. RADA, which was signed into law last December, allows the United States to prosecute individuals for doping schemes at international events involving American athletes, sponsors or broadcasters. The July 23-Aug. 8 Tokyo Olympics will be the first major test of this new law named after Grigory Rodchenkov, a former laboratory head who turned whistleblower and helped expose Russia's state-sponsored doping. The RADA bill empowers prosecutors to seek fines of up to $1 million and jail terms of up to 10 years. "Sadly, RADA will not make the Tokyo games clean. They will not be clean, that much I guarantee," Jim Walden, attorney for Rodchenkov, told the hearing. "The first nine years of my career I spent battling organised crime families in New York as a federal prosecutor. As resilient as the Mob proved to be, it pales in comparison to the deeply entrenched corruption in international sports." According to Walden, RADA is essential to restore integrity to international sports and protect clean athletes because "the current system is corrupt, purposefully ineffective, and deeply conflicted". Walden said Congress could super-size RADA's impact if it uses its oversight authority to ensure the FBI and Justice Department have a complete plan and allocate sufficient resources to bring cases. He also said a second imperative would be to withhold funding for the World Anti-Doping Agency until more transparency and Executive Committee comprised primarily of former clean athletes and anti-doping scientists are achieved. Edwin Moses, emeritus chair of the U.S. Anti-Doping Agency (USADA), told the hearing the "win at all costs" culture in sports is alive and well. Moses said the state-sponsored doping of the Russians competing at the 2014 Sochi Olympics was shocking, but even worse was a "lack of repercussions" that he described as a nightmare realized and one that we have not yet woken from. According to Moses, USADA is deeply committed to the effective utilization of RADA and will actively assist putting it in place and demonstrating its success. "This law protects the U.S. financial investment in international competition; stops corrupt actors that organize and facilitate doping fraud; compensates clean athletes who have been defrauded; and protects whistleblowers and clean athletes," said Moses. "The Rodchenkov Act is a strong deterrent to those that look to corrupt sport, on a global scale and ultimately a powerful detection mechanism."

  • Ranking Member Joe Wilson on July 2021 Congressional Delegation

    Mr. Speaker, this month, I was grateful to participate in a Congressional delegation of the OSCE Parliamentary Assembly led by Senator Roger Wicker and Senator Ben Cardin. It was inspiring to see the extraordinary economic advances of Estonia and Bulgaria. In Tallinn, Estonia, we were welcomed by the dynamic Prime Minister, Kaja Kallas, and the dedicated Foreign Minister, Eva-Maria Liimets. While in Tallinn, we learned that Russian diplomats had been expelled in April across the Baltics to join the protest of the Czech Prime Minister, Andrej Babis, exposing the irrefutable evidence that two Russian GRU agents were behind the 2014 ammunition depot explosion at Vrbetice, which killed two persons. The same two Russian agents named by the Czech Republic are suspected by British authorities for poisoning former Russian double agent Sergei Skripal and his daughter in England in 2018. The Czech Republic has correctly demanded Russia pay for damages.

  • Cardin and Wicker Discuss July 2021 Congressional Delegation in Colloquy

    Mr. CARDIN. Madam President, I take this time to talk about the work of the U.S. Helsinki Commission in a recent opportunity we had to participate in the OSCE Parliamentary Assembly. I am joined on the floor by Senator Wicker, who is the Republican chair of the Helsinki Commission. The two of us have worked together in a nonpartisan, bipartisan manner in regards to the work of the Helsinki Commission. I just want to spend a few minutes, and then I am going to yield the floor and allow Senator WICKER to give his comments. The OSCE, as the chair is fully aware as a member of the Commission, represents the U.S. participation in the Organization for Security and Co-operation in Europe—57 states, which includes all of Europe, all of the former Republics of the Soviet Union, and Canada and the United States. The Commission works on the principle of three buckets: one for political affairs and security, another for economic and environmental progress, and the third on democracy and human rights. But it recognizes—and I think this has been the hallmark of the Helsinki Commission—that you can’t have advancements on political affairs or security or economic or environmental progress unless you make progress on democracy and human rights, that they are interwoven. In the Helsinki Commission, the OSCE is best known for its advancements for basic human rights. So I think of the initiatives that we have had in the Helsinki Commission for dealing with trafficking in humans and the legislation that came out of that and how we led the global response to dealing with trafficking. I think about the efforts we made in regards to tolerance, dealing with anti-Semitism, racism, and intolerance and how we have made progress throughout the entire OSCE region. I think about the issues we did in regards to sanctions against human rights violators so they cannot use our banking system or visit our country, the Magnitsky-type sanctions. All of that came out of the work of the Helsinki Commission. So one of the major arms of our work is the OSCE Parliamentary Assembly, which is the group of parliamentarians who meet every year and have meetings throughout the year to exchange views and to carry out the principles of the Helsinki Final Act. For the last year and a half, we have been compromised because we haven’t had an opportunity to meet in person, and it required us to meet by internet, and we have, but we had a unique opportunity during the last recess period to actually travel and meet with the parliamentarians. We had an OSCE Parliamentary Assembly annual meeting in Vienna. And we had a chance to do this in a hybrid manner. So we were able to travel 12-strong from the U.S. Congress to be at that meeting, and we were joined by five others here in the United States, including our Presiding Officer, to participate in the Parliamentary Assembly, and we were able to advance a lot of very important issues. But I must tell you, we were noticed at this meeting. The U.S. presence was critically important in dealing with some very timely issues. I know that Senator Wickerwill talk about this. He is one of the great leaders of the Parliamentary Assembly. He is Vice-President of the Parliamentary Assembly. We are very proud of the leadership position that he holds. By the way, his election was in Vienna to be the Vice President of the Parliamentary Assembly. We had multiple candidates and several elected to Vice-Presidents, but Senator Wicker led the ballot with the largest number of votes, which I think speaks to his well-thought-of respect among the OSCE parliamentarians. We wanted to make sure that this was a substantive meeting. Quite frankly, the leadership of the Parliamentary Assembly said: Let’s just get in there and get it over with and not bring up anything controversial. But that is not the way we operate. We have to take up current issues. So we took up the issue of tolerance. I was happy to sponsor a resolution that ultimately passed by unanimous vote that speaks to anti-Semitism, racism, intolerance, and the growth of hate in the OSCE region. But we also made sure that we considered the recent elections in Belarus and how unfair those elections were and how Mr. Lukashenko has been acting in a way that is so contrary to the human rights of the people who live there, and the election results there do not reflect the will of the people. We also had a chance to make sure we took up the issues concerning Ukraine. Once again, there was a lot of controversy on why you should bring that up during this meeting. We did. We supported that to make it clear that Russia’s aggression and its occupation of Crimea and its interference in eastern Ukraine will never be recognized as legitimate by the United States or, by that matter, the Parliamentary Assembly, because we responded in all of those areas. I am pleased to tell you that we supported Margareta Cederfelt, who is going to be the President of the OSCE Parliamentary Assembly in Sweden, and we look forward to her visit here in the United States. Richard Hudson, Representative Hudson, will be the chair of the first committee. So we are going to have active participation in the Parliamentary Assembly. We had the chance to visit some other countries. But if I might, I think I am going to yield the floor and give my good friend and the leader of our congressional delegation trip an opportunity to expand on some of the things we were able to do in the OSCE Parliamentary Assembly. With that, I yield the floor. Mr. WICKER. Madam President, I thank my colleague from Maryland, who has been such a leader in the area of human rights and international recognition of the challenges that our world faces today. I do appreciate his leadership and his partnership. We have worked shoulder to shoulder on so many issues. Yes, I proudly rise with him this afternoon to talk about a very valuable series of meetings that our 12-member delegation had in 4 countries in Europe in recent days. This was Republicans and Democrats from the House and Senate, a truly bipartisan and bicameral delegation—a very large delegation—which I think my colleague will agree made a strong statement on behalf of the United States of America and on behalf of the U.S. House and Senate about the way we view European engagement and our partnership and friendship with the 50-plus member countries of the OSCE and their Parliamentary Assembly. We visited Vienna, Austria, for the OSCE Parliamentary Assembly. As Senator Cardin mentioned, we met with great success. Yes, I was reelected to the position of vice president, and I appreciate the support of Democrats and Republicans in the House and Senate in helping me get those votes to receive another three-year term there. Richard Hudson, our colleague from the House of Representatives, has been very active as chairman of Committee No. 1 in the Parliamentary Assembly. He is highly regarded. He was reelected without opposition. So there are two bits of success there. And then the great piece of work, actually, was with regard to Senator Cardin's initiative on the rising hate and intolerance that we are seeing all around the world, particularly among member countries of the Organization for Security and Co-operation in Europe. Senator Cardin actually took the lead in challenging the leadership of the Parliamentary Assembly in saying that issues should be discussed. Even though they weren’t in an immediate, like, three-week crisis mode, they deserved to be brought forward. And Senator Cardin was able to get his resolution considered and passed overwhelmingly, and we made a strong statement on behalf of countering the rising hate and intolerance and countering the use of these things to buttress authoritarianism and to stoke conflict around the world. We also passed a very important resolution about the tragedy, the outrage that has gone on in Belarus. I can tell you, the opposition party leader from Belarus was in this Capitol building just yesterday talking about the importance of support from places like the United States Congress. I can tell you, Madam President, that Senator Shaheen and I are about to send a letter to our colleagues asking any and all of us to join a Freedom Caucus for the Belarusian people, the Belarus Freedom Caucus. We asked the opposition leader, Sviatlana Tsikhanouskaya, to tell us whether that would be helpful. She said the formation of this caucus to support the freedom movement in Belarus would be a strong signal. It would be well received and effective on behalf of the opposition leadership there in Belarus. Then, again, we reiterated our opposition to what Russia has done in Ukraine and particularly to the recent Russian military buildup and ongoing aggression in Ukraine. We did a lot there with the Parliamentary Assembly. We went on to Estonia, met with leadership there—a former President, the current Prime Minister, other leaders. And, also, we had a chance to travel to the very easternmost part of Estonia and actually travel on the Narva River and look right across to Russia and the security guards there, understanding what our Estonian allies are up against with Putin’s Russia staring right across the river at their freedom and democracy. From there, we joined the Three Seas conference in Sofia, Bulgaria. I can tell you, this is a group of Eastern European former Soviet Bloc countries that are striving to be in charge of their own infrastructure and rely less on the Chinese Belt and Road Initiative. I think the fact that 12 Americans showed up, participated, met with Heads of state at that conference made a very strong statement of American support for freedom and for looking westwardly in trying to get their problems solved and their infrastructure needs met. We also had a very meaningful visit to Norway, where we saw some American-Norwegian defense initiatives. I am very proud of the partnership that this Helsinki Commission—our organ of the American OSCE PA—and the way that we joined together to express our support for freedom, for democracy, for the rule of law, for opposing corruption, both at the petty local level and also at the larger State-sponsored level. One other thing before I yield back and let my friend close. Particularly in Bulgaria, but also all during our trip, we were met with hearty thanks for the United States leadership in the global Magnitsky Act. This began as an initiative with Senator Cardin, Senator Lieberman, Senator McCain, and me several years ago directed—during the Obama administration—directed toward individual Russians who had violated human rights and individual liberty in a very outrageous and gross way, allowing us to sanction individuals rather than causing harm to the people of Russia in that case. That has been expanded now to the global level and other countries are adopting this. But I can tell you, when we arrived in Bulgaria, we were met with great thanks from people who are trying to combat lawlessness and corruption at the top level of government. I just have to say, of course, Ben Cardin has been the premier leader in this worldwide effort. It was gratifying to know and to learn firsthand on the ground there in Sofia, Bulgaria, that an initiative that began right here in this U.S. Senate years ago, and continues to this day, is having a beneficial effect on the people all across Europe and particularly in some of the countries that we visited. I yield back to the Senator from Maryland. The PRESIDING OFFICER. The Senator from Maryland. Mr. CARDIN. Madam President, let me again thank Senator Wicker. Thank you for your leadership on so many issues. But on this congressional delegation, for those who are not familiar, it is not easy to put together the type of opportunities to advance American values. And Senator Wicker took the responsibility as the leader of our delegation to make sure that we had the opportunities to advance American values. I thank him for all the effort he put into it. It was certainly extremely successful. I just want to emphasize a few things before closing. One, in Vienna, we did have an opportunity to meet with Rafael Grossi, who is the Director General of the IAEA. That is the International Atomic Energy Agency, which has the responsibility of monitoring the nuclear programs throughout the world. Obviously, it has played a bigger role in regard to the program in Iran, and it was monitoring exactly what was happening in Iran under the JCPOA. They now don’t have the same access, and we had a chance to talk with the Director General as to the challenges with the Iranian program. And I think it was helpful for all of us to understand exactly the role that the IAEA can play in regard to getting us information about what is happening on the ground in Iran. Senator Wicker talked about our visit to Estonia, a strong ally partner, NATO partner. We showed our support by going to Narva, which is on the Russian border. It is a town that has a majority of Russian-speaking Estonians. It is an interesting community. But we could see across the river, very clearly, the Russian patrol boats. We know and heard firsthand of the concern of the Estonians. They saw what happened in Ukraine and they worry that same thing could happen in Estonia with Russian aggression. I must tell you, our presence to reinforce the NATO commitment, I think, was an extremely important message that we gave to the Estonian people. Mr. WICKER. Would the gentleman yield on that point? Mr. CARDIN. I would be glad to yield. The PRESIDING OFFICER. The Senator from Mississippi. Mr. WICKER. If I might add, people in Narva, Estonia, and people in the city across the river have access to each other across a bridge there. And it is clear to the people on the Russian side that their cousins and friends in Narva, Estonia, live a better life and have a better standard of living in this free country, this NATO ally called Estonia, than the Russian cousins and friends have on the other side. I just thought I would add that to the discourse before Senator Cardin moves on to discussing Norway and Bulgaria. Thank you. The PRESIDING OFFICER. The Senator from Maryland. Mr. CARDIN. Madam President, let me move onto Bulgaria very briefly. Senator Wicker did cover Bulgaria. The Three Seas Initiative, I wasn’t that familiar with it before traveling to Bulgaria. It is an initiative by twelve states that are basically part of the Eastern European Coalition, states that are developing democratic institutions and democratic economies after the fall of the Soviet Union. They need to build up their resilience as a collective entity in energy, transportation, and digital infrastructure. The Three Seas Initiative is to attract investment to connect the twelve countries together on infrastructure needs. It is for many reasons. It is for its own economic strength and growth, but also for resiliency against the efforts of China on its Belt and Road Initiative, which is trying to infiltrate these countries and convert their way of economy to more of the Chinese system. The Three Seas Initiative is an effort to have their own independent way of attracting capital. The United States is participating in the Three Seas. We are not a member, but we are participating and providing resources for the fund that is being developed that would be leveraged for these type of investments. While we were in Bulgaria, we had a chance to have bilateral meetings. There were twelve heads of state there. We had bilateral meetings with the President of Poland, Bulgaria, Latvia, and Romania. We had very constructive discussions about what is happening in their country. We raised Helsinki issues with all these countries. Senator Wicker already talked about how we were welcomed by the Bulgarian leadership in regards to the imposition of the Magnitsky sanctions. We are heroes. They feel like they have a second chance to try to develop the type of anti-corruption mechanisms that they desperately need. Our visit to Varna, which is on the Black Sea, was very educational to see how Russia is trying to dominate the Black Sea area and one of the reasons why they are so aggressive in Ukraine and the Crimea. I think that was extremely helpful for us to understand the security risks and how we have to work with our NATO partners to protect the Black Sea area, particularly from the potential aggression—not potential—from the aggression of Russia. Also in Bulgaria, we had a chance to visit a Roma village. It is not my first visit to a Roma village. I have visited over the years. It is a real tragic situation. The Roma population have been in Europe for centuries. They lived in communities for hundreds of years, yet they do not have property rights. They have lived in their homes, and yet they do not have the opportunity to have their homes registered. And at any time, the government can come in and take away their property without compensation. They rarely have reliable utilities. The village we visited did not have water systems, so they had to use outhouses, et cetera. They had limited availability of fresh water. Their utility service is not reliable. And they go to segregated schools. They don’t have the same employment opportunities. So we, once again, will raise the rights of the Roma population as part of our commitment under the Helsinki Commission, and we are following up with the local officials to try to help in that regard. Then, lastly, on our way back, we visited Norway. I learned a lot because I did not know about the pre-positioning program. I know my friend Senator Wicker already knew about this from his Armed Services service, but it is where we pre-position equipment so that we can respond rapidly to a circumstance anywhere in the world. The Norway pre-positioning is actually used to help us in regard to the Middle East and our needs in the Middle East. So it was an extremely, extremely, I think, productive visit to these countries. I think we did carry out our commitment under the Helsinki Commission, and we advanced American values. I think we represented our country well, and we were very well noticed. With that, I yield the floor. The PRESIDING OFFICER. The Senator from Mississippi. Mr. WICKER. Madam President, one other thing that our colleagues might not understand about the OSCE is their role in election observation. As we were leaving Sofia on the morning of July 11, we crossed paths with some other representatives from the OSCE from European countries who were there to observe the parliamentary elections being held in Bulgaria that very day. Also, on the same day, Moldova, another member of the OSCE, was having parliamentary elections.  We have every hope that the results of these elections will be a further resolve in those two nation members to counter the corruption at the highest level, and we want to congratulate both of those member states of the OSCE for free and fair elections in Europe. With that, I thank my colleague. I yield the floor.

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