Cardin and Wicker on April 15 Sanctions Against RussiaFriday, April 16, 2021
WASHINGTON—In response to President Biden’s Executive Order on harmful foreign activities of the Russian government and subsequent Treasury sanctions designations, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Sen. Roger Wicker (MS) issued the following statements: “The Biden administration is holding Russia to account for its malign activities in a direct and transparent manner,” said Chairman Cardin. “I applaud the president for taking bold action in response to Russia’s cyberattacks, election interference, its occupation of Crimea, the war it started in eastern Ukraine, and overall human rights abuses and weaponization of corruption. The president should continue to be frank with Russia about the consequences for their actions. We will need to stay the course and continue to use the Magnitsky Act and executive authority to further contain this dangerous regime.” “I welcome all efforts to hold Vladimir Putin accountable for his violence at home and abroad, but this package leaves much to be desired,” said Sen. Wicker. “Instead of the bold action needed to change the Kremlin’s behavior, yesterday’s sanctions represent the latest in a series of incremental steps that exact minimal costs and will have minimal effect. The longer we wait to impose real consequences for Moscow’s bad acts, the longer the Russian people will continue to suffer under Putin’s brutal authoritarian regime.” On April 15, Treasury sanctioned 16 individuals and entities that attempted to influence the 2020 U.S. presidential elections on behalf of the Government of Russia. Along with the European Union, United Kingdom, Canada, and Australia, Treasury also designated five people and three entities in connection with Russia’s occupation of Crimea and human rights abuses there. Under the authority of a new Executive Order issued by President Biden, Treasury implemented new restrictions on the purchase of Russian sovereign debt as well as targeted sanctions on technology companies engaged in malicious cyber activities against the United States.
Russian Whistleblower Dr. Rodchenkov Discusses Rodchenkov Anti-Doping Act’s Impact as Tool against Corruption at Upcoming Tokyo OlympicsFriday, April 09, 2021
WASHINGTON—Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory who blew the whistle on Russia’s state-sponsored doping scheme, spoke out for the first time about the impact of the Rodchenkov Anti-Doping Act (RADA) during the latest episode of Helsinki on the Hill, the Helsinki Commission’s monthly podcast. Dr. Rochenkov called into the interview on a secure line from an undisclosed location to protect his safety and well-being. He discussed the blatant corruption that exists within the World Anti-Doping Agency (WADA), the International Olympic Committee (IOC), and the larger world of international sport. “Immediately and now, [the Rodchenkov Act] is a game changer… those people who were part of [the] conspiracy, they will tighten their security because of fear,” said Dr. Rodchenkov. “I know people who are core of the doping system...they are very clever. They are very good. Now they have some sort of Damocles sword above their heads. It’s absolutely different feelings and style of life. You were untouchable and not vulnerable before. Now you are [the] victim.” The upcoming Tokyo Olympics, slated to take place in late July after a one-year postponement, will be the first international athletic event since the passage of the Rodchenkov Anti-Doping Act (H.R. 835) last December, which established criminal penalties on individuals involved in doping fraud conspiracies affecting major international competition. The law empowers the U.S. Department of Justice for the first time to investigate and prosecute these rogue agents who engage in doping fraud, provide restitution to victims, and protect whistleblowers from retaliation. Passage of the bipartisan legislation was spearheaded by then-Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. Dr. Rodchenkov emphasized the role of whistleblowers in exposing those complicit to the system, since by criminalizing sports doping as corruption, whistleblowers are now protected under U.S. witness protection laws. “Whistleblowers are of the paramount activity for the future fight against doping,” he said. Sen. Whitehouse has lauded Dr. Rodchenkov’s own courage as a whistleblower. “Thanks to Dr. Rodchenkov, we have a clear understanding of how Russia weaponized doping fraud as a tool of foreign policy. After his visit to the Helsinki Commission three years ago, we decided to take action against the brazen corruption of Russia and other authoritarian states,” Sen. Whitehouse said. “The new law bearing Dr. Rodchenkov’s name is an important tool for cracking down on global corruption in international sports and addressing the economic, security, and human rights issues caused by these crimes.” In 2018, Dr. Rodchenkov met with Helsinki Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States could contribute to the international effort to counter doping fraud.
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Behind new law, the FBI is getting into anti-doping, but not everyone wants the helpFriday, 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.
Helsinki Commission Leaders Commemorate International Roma Day with Senate and House ResolutionsThursday, April 08, 2021
WASHINGTON—Ahead of International Roma Day on April 8, Helsinki Commission Chairman Sen. Ben Cardin (MD), commission leaders the late Rep. Alcee L. Hastings (FL-20) and Sen. Roger Wicker (MS), and House Foreign Affairs Committee Chair Rep. Gregory Meeks (NY-04) introduced resolutions in the U.S. Senate and the U.S. House of Representatives celebrating Romani American heritage. Chairman Cardin, Sen. Wicker, and Rep. Meeks issued the following joint statement: “Romani people have been part of every wave of European migration to the United States from the colonial period to today. They enrich the fabric of our nation and strengthen the transatlantic bond. “Through this resolution, we celebrate Romani culture and pay tribute to our shared history. We applaud the efforts to promote transnational cooperation among Roma launched at the historic First World Romani Congress on April 8, 1971.” In addition to recognizing and celebrating Romani American heritage, these resolutions support International Roma Day, recognized around the world on April 8, and the robust engagement of U.S. diplomats in International Roma Day activities throughout Europe. The resolutions also commemorate the destruction of the Romani camp at Auschwitz when, on August 2-3, 1944, Nazis murdered between 4,200 and 4,300 Romani men, women, and children in gas chambers in a single night, and commend the U.S. Holocaust Memorial Museum for its critically important role in promoting remembrance of the Holocaust and educating audiences about the genocide of Roma. Chairman Cardin serves on the United States Holocaust Memorial Council, the governing board of trustees for the United States Holocaust Memorial Museum. Former Helsinki Commission Chairman Hastings, who died on April 6, was a longtime champion of Roma rights. In addition to regularly meeting with Roma from across Europe, he supported efforts in Romania to address the legacy of Roma enslavement; criticized the mass expulsions of Roma from France, fingerprinting of Roma in Italy, and destruction of the historic Romani neighborhood Sulukule in Istanbul; and condemned proposals to restrict births of Roma in Bulgaria and racist violence against Roma wherever it occurred. Rep. Hastings supported the work of the U.S. Holocaust Memorial Museum in its scholarship and education about the genocide of Roma and the museum’s acquisition of the unique Lety concentration camp archives. The Organization on Security and Cooperation in Europe works with national and local governments, civil society and international organizations to promote equal opportunities for and the protection of the human rights of Roma.
Helsinki Commission Leaders Mourn Death of Former Chairman Alcee L. HastingsTuesday, April 06, 2021
WASHINGTON—Following the death of former Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) earlier today, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Helsinki Commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “Alcee Hastings was a fighter and an incredible survivor. He never gave up—not when facing racism as a young man in the Jim Crow south, not when defending civil rights as a lawyer and jurist, not when championing human rights worldwide as chairman of the Helsinki Commission, and not in his long battle with pancreatic cancer,” said Chairman Cardin. “Alcee was committed to ensuring that America’s foreign policy reflects our enduring commitment to democracy, that fundamental freedoms are protected at home and abroad, and that all people can live in a society that is safe, inclusive, and equitable. Even as we mourn his passing, we celebrate a life well lived and a world made better by his service. Alcee was not just a colleague; he was a dear friend. Myrna and I extend our sympathies to his family at this difficult time.” “As chairman of the Helsinki Commission, Alcee Hastings was a powerful partner in advocating for the United States, human rights, democracy, and international cooperation,” Sen. Wicker said. “He broke barriers on the international stage as the first American elected to lead the OSCE Parliamentary Assembly while championing the interests of his constituents in Washington. Even as he battled cancer, he was never distracted or deterred from his public service. Gayle and I extend our deepest condolences to his family, friends, and staff during this difficult time.” “Roxanne and I are deeply saddened by the passing of Congressman Hastings,” said Rep. Wilson. “I will always treasure our time working together on the Helsinki Commission and I am grateful for his friendship and service to his country.” Rep. Hastings, who most recently chaired the Helsinki Commission in the 116th Congress, joined the commission in 2001. In 2007, he became the first African American to lead the Helsinki Commission. Rep. Hastings remains the only American to have ever served as President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA), where he also was the former Special Representative on Mediterranean Affairs. Rep. Hastings' Obituary at Legacy.com
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It's time to abolish the federal death penaltyTuesday, March 30, 2021
In July 2020, the Trump administration ended a 17-year moratorium on the federal death penalty. By the time the president exited the White House on Jan. 20, 2021, 13 inmates had died at the hands of a federal executioner in the span of just six months. There are many reasons to end the federal death penalty. It does not serve as an effective deterrent to violent crime, capital cases are expensive to litigate, like our larger judicial system, it is rife with racial inequity and once it is rendered, it is irrevocable, no matter how unjust. Perhaps most importantly, the United States has publicly and repeatedly committed to preserving human rights and fundamental freedoms for all people, through our membership in the Organization for Security and Cooperation in Europe and elsewhere. The death penalty simply cannot be reconciled with these promises to value and protect democracy, the rule of law and impartial justice. By eliminating the federal death penalty, Congress can demonstrate that the United States is once again a nation that lives up to our values and our promises to make the world better and lead by example — an opportunity met with derision by the last administration. No other human rights concern is raised more consistently with the United States by our European allies than the death penalty, which our closest friends compare to torture. According to the European Union, the death penalty is “the ultimate cruel, inhuman and degrading punishment.” Nearly every other country in the OSCE region — even Russia and Turkey — has repealed or established moratoria on capital punishment. Among the OSCE’s 57 participating States, only two still impose a judicial sanction of death: the United States and Belarus. Outside the OSCE region, our company among those that impose the death penalty is no better. According to Amnesty International, the world’s leading executioners include China and Iran. U.S. allies like Australia and South Korea have rejected the death penalty. The values gap between America and our allies has consequences. For example, other NATO members will not send criminal suspects here if they face capital punishment. Last October, the United States secured the long-sought extradition from Britain of two alleged ISIS terrorists only once the U.S. Department of Justice finally agreed not to pursue a sentence of death. Ending the death penalty should be part of comprehensive justice reform in the United States and part of our current reckoning with racial inequality. More than half of the states across our nation have abolished the death penalty or halted executions. Most recently, Virginia legislators voted in February to end the death penalty. Upon introducing the legislation, Gov. Ralph Northam noted racial disparities and cited the case of Earl Washington, a man who came nine days away from being executed but was cleared by DNA evidence not available at his trial. Washington was eventually pardoned by then-Gov. Jim Gilmore — most recently the U.S. Ambassador to the OSCE — who saved an innocent man from irreparable injustice. Now it is time for Congress to end the death penalty at the federal level. Rep. Alcee L. Hastings chaired the U.S. Commission on Security and Cooperation in Europe in the 116th Congress and is a cosponsor of H.R. 262, the Federal Death Penalty Prohibition Act. From 2004 to 2006, Rep. Hastings served as president of the OSCE Parliamentary Assembly.
Senator Ben Cardin Returns to Lead Helsinki CommissionWednesday, March 24, 2021
WASHINGTON—The Presiding Officer, on behalf of the Vice President, yesterday announced the appointment of Sen. Ben Cardin (MD) as chair of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, throughout the 117th Congress. "For 45 years, the Helsinki Commission has tirelessly defended human rights and democratic institutions at home and abroad. It has promoted the enduring value of multilateralism and fought to ensure that the United States lives up to our core values, remaining a beacon of hope to those who are oppressed. However, the most trying time in our history may be ahead of us,” said Chairman Cardin. Over the past year, the world has suffered the crippling impact of COVID-19, which has disproportionately affected our most vulnerable citizens and allowed some governments to exploit the pandemic to limit fundamental freedoms. Racist violence has once again reared its ugly head in many OSCE participating States, including our own. Corruption threatens peace, prosperity, and human rights across the region, and the Kremlin remains intransigent in its overt violence against its neighbors as well as its covert attempts to undermine democratic institutions elsewhere. These challenges may seem daunting, but my fellow commissioners and I will always fight to promote human rights and fundamental freedoms, encourage tolerance within societies, battle corruption, and defend the principles of liberty and sovereignty.” Chairman Cardin has been a Helsinki Commissioner since 1993 and previously chaired the commission in the 111th and 113th Congresses. He is an outspoken champion for human rights and throughout his career in public service has advocated for accountability and transparency measures to promote good governance and to combat corruption. Since 2015, Chairman Cardin has served as the Special Representative on Anti-Semitism, Racism, and Intolerance for the OSCE Parliamentary Assembly. Chairman Cardin is the lead author of the Sergei Magnitsky Human Rights Accountability Act, a law that imposes sanctions on Russian individuals and entities responsible for the death of Russian lawyer, Sergei Magnitsky, as well as individuals who commit gross violations of human rights against rights defenders in Russia. He also authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges to individuals worldwide who commit gross violations of human rights against rights defenders and dissidents, and leaders who commit acts of significant corruption. Most recently, Chairman Cardin and Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act, which would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. Chairman Cardin also is one of the lead authors of Section 1504 of the Dodd-Frank Act, also known as the Cardin-Lugar Energy Security Through Transparency Act. The provision requires extractive companies listed on U.S. stock exchanges to disclose, in their SEC filings, payments made to governments for oil, gas and mining. Revenue transparency increases energy security and creates U.S. jobs by reducing the operating risk U.S. companies face. It also provides information so that people in resource-rich countries can hold their leaders accountable for the money made from their oil, gas and minerals.
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Corruption Is a National Security Threat. The CROOK Act Is a Smart Way to Fight It.Tuesday, March 23, 2021
Not long ago, America’s greatest adversaries were bound together by communist ideology. Today, they most often are defined by political corruption—authoritarian leaders using the levers of government to enrich themselves and ward off political opponents. Corrupt leaders cling to power through patronage networks and exploit rule-of-law jurisdictions, like the United States, to conceal and protect their stolen assets. These leaders are also accustomed to using strategic corruption as a tool of foreign policy. Corruption has its most perverse effects on the people who are forced to live under it. Corruption undermines democracy, hollows out the rule of law, and prevents the efficient and fair delivery of government services, as evidenced in the scandals affecting certain pandemic response efforts. Corruption also fuels the rise of authoritarian opportunists who seek to exploit social divisions, restrict freedom, and use public office for personal gain. Corruption also poses a wider threat to American democracy and prosperity, and to the prosperity of our allies. Almost every major transnational threat—such as human trafficking, black markets, and terrorism—is inextricably linked to corruption. Slowly but surely, the fight against corruption is gaining momentum worldwide. In Russia, corruption exposed by activist Alexei Navalny has sparked mass protests against a political elite that systematically steals from them. In the past three years alone, outrage against corruption has fueled protests in 32 countries. Despite these encouraging signs, opportunities to root out corruption remain rare—and when they arise, the window for action closes quickly. To have maximum impact in this fight, the United States needs to be ready to assist anti-corruption reformers on short notice. Seizing Opportunities for Reform The United States currently spends about $115 million a year on global anti-corruption programs. To put this in perspective, we spend $9.5 billion annually on global health assistance programs. Unfortunately, many of the funds we put toward anti-corruption efforts get trapped in multi-year technical programs that are unable to respond nimbly to sudden opportunities for governance reform. Scholars and practitioners have demonstrated that rapid action is crucial to making corruption reforms stick. When the rare window for reform opens, reformers must act quickly and boldly to capitalize on public momentum and prevent old-guard cronies from reasserting their influence. If the United States does not compete in these environments, fledging reformers will have an even harder time succeeding, and authoritarian kleptocrats will gain ground. The United States needs to be proactive in developing strategic relationships and agile programs that will keep us relevant in moments of historic opportunity. Last month, we introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act to upgrade America’s anti-corruption efforts by targeting kleptocracy at the source. The CROOK Act would create an anti-corruption action fund to help activists leverage public sentiment to achieve lasting reform, without any additional cost to taxpayers. The fund would be financed through a $5 million surcharge on entities found liable for $50 million or more in criminal fines and penalties under the Foreign Corrupt Practices Act (FCPA). Based on data from the last 10 years, this bill would put an additional $16 million per year toward global anti-corruption work. Funds would continue to accrue until a historic window of opportunity opens, at which point funds would be rapidly deployed to help establish the rule of law. Imagine if the United States had been able to inject more anti-corruption resources into Ukraine after the Revolution of Dignity in 2014, or Armenia after the 2018 Velvet Revolution, or Malaysia after its 2018 election. If the United States had been ready with an anti-corruption action fund, we could have dramatically amplified the work of courageous reformers to establish lasting change, and ultimately make the United States more secure. Leveraging FCPA fines and penalties to fight global anti-corruption is a long-overdue shift. The FCPA, passed in 1973, makes it illegal for a U.S. business to pay a bribe abroad and collects enormous fines and penalties every year—often in the billions of dollars. Yet historically, these fines have gone exclusively to the U.S. Treasury rather than being recycled into anti-corruption efforts. On issues like human trafficking and child pornography, the U.S. government already uses some money collected from perpetrators to aid victims and help fight the crimes committed against them. It is time for a similar approach to fighting corruption. Enhancing FCPA Enforcement The FCPA represents America’s commitment never to export corruption abroad. This draws a stark contrast with kleptocratic powers like China, a nation that exports corruption skillfully and aggressively through its Belt and Road Initiative. Regrettably, vigorous enforcement of the FCPA—though fully legal—has been a sticking point with some allies, who falsely claim it is a means to line American pockets. The CROOK Act would undercut these claims by redirecting a portion of fines and penalties collected to help U.S. partners fight corruption. The CROOK Act would also rebut a longstanding critique of the FCPA: that the U.S. unfairly targets private companies for offering bribes rather than targeting the source of demand for those bribes among foreign officials. The CROOK Act would create a more holistic approach by helping establish rule-of-law structures that would restrain officials from seeking bribes, resulting in a more level playing field for American businesses. The world’s most prominent anti-corruption advocates have all endorsed the CROOK Act, including Transparency International USA and the Financial Accountability and Corporate Transparency (FACT) Coalition. Like much of the legislation that has emerged from the U.S. Helsinki Commission on which we serve, this bill enjoys bipartisan support in both the House and the Senate. Fighting corruption is an imperative for the United States. As a beacon of liberty and the rule of law, it is our duty and the purest expression of our values. It is also a highly practical form of soft power that advances our national security. Allocating the right resources for this fight is a small price to pay for advancing good governance abroad and creating a more stable world. Passing the CROOK Act would be decisive step in the right direction.
Helsinki Commission Leaders Commemorate International Day Against Racial DiscriminationFriday, March 19, 2021
WASHINGTON—Ahead of the International Day for the Elimination of Racial Discrimination on March 21, 2021, U.S. Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02), and Sen. Ben Cardin (MD) released the following statements: “Events of the past year have highlighted the harsh reality of what it means to be Black in America and in many countries around the world. We must do more to address the global violence plaguing communities of color and dismantle the ideologies and structures that reinforce racial hierarchies,” said Rep. Hastings. “I have been greatly encouraged by the stand youth have been taking against racism with the hopes that their efforts will lead to a future where skin color, gender, religion, and other characteristics are no longer a determinant of one’s value or access to rights, protections, and opportunities.” “Every person deserves equal protection under law, regardless of race, color, or creed,” Sen. Wicker said. “I stand with those who are working to end the blight of racial discrimination in every country.” “We have witnessed terrible tragedies prompted by racism,” said Rep. Wilson. “The global community has a responsibility to root out discrimination and remove barriers to equal education, employment, and political participation.” “The COVID-19 pandemic has further exposed long-standing racism both at home and abroad. As the OSCE Parliamentary Assembly’s Special Representative on Anti-Semitism, Racism, and Intolerance, I am actively cooperating with our European partners to strive for peace, equality and equity,” said Sen. Cardin. “Impactful U.S. legislation, such as the End Racial and Religious Profiling Act of 2021 I recently introduced that would prohibit law enforcement from discriminatory profiling, will bring us closer to breaking the cycle of systemic racism. I am pleased that my ERRPA legislation has passed the House as part of the George Floyd Justice in Policing Act, which is now under consideration in the Senate. I urge my colleagues to join me in commemorating this important day that reminds us that the fight for justice is far from over.” The International Day for the Elimination of Racial Discrimination is observed annually on March 21, following the UN General Assembly’s 1966 recognition of the deaths of 69 demonstrators who were killed by police when protesting apartheid in South Africa on March 21, 1960. The Helsinki Commission has hosted youth leadership initiatives and racial justice efforts, including a joint meeting with the European Parliament on combating racism and systemic discrimination and an event highlighting the world’s biggest data set of hate crime statistics, compiled by the OSCE’s Office of Democratic Institutions and Human Rights for participating States, civil society, and international organizations.
Helsinki Commission Leaders on Intelligence Report Outlining Foreign Attempts to Influence 2020 ElectionThursday, March 18, 2021
WASHINGTON—Following the release of a U.S. intelligence report outlining foreign efforts to influence the 2020 U.S. elections, including by the Kremlin, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “The Kremlin wants to sow uncertainty, chaos, and disorder in the United States and uses weapons of influence and disinformation to strike when we are most divided and vulnerable,” said Rep. Hastings. “International election observers noted earlier reports of foreign actors engaged in disinformation campaigns designed to degrade public confidence in the U.S. electoral process. Although the 2020 elections were free and fair, we cannot be complacent. We must strengthen our society and institutions against further attacks on our sovereignty.” “The Kremlin’s mobilization of bots, trolls, and agents of influence to exploit pre-existing divisions in American society and further polarize discourse will not stop with our most recent elections,” said Rep. Wilson. “America’s best defense will continue to be informed citizens, continued vigilance from the U.S. intelligence community, and sanctions and other punishments on those who seek to undermine our institutions.” “Reports of the Kremlin’s efforts to influence our elections and undermine faith in our democracy are troubling,” said Sen. Cardin. “We must be vigilant against such threats, not only in the United States, but wherever Putin attempts to strike next. Working with allies around the globe to bolster our defenses against malign disinformation campaigns is vital to safeguard our foreign policy and security interests.” On March 16, the Office of the Director of National Intelligence released an unclassified version of a report assessing the scope of foreign threats to the 2020 U.S. elections. The intelligence community assessed that Russian president Vladimir Putin authorized “influence operations aimed at denigrating President Biden's candidacy and the Democratic Party, supporting former President Trump, undermining public confidence in the electoral process and exacerbating sociopolitical divisions in the United States.” The campaign, implemented by various Kremlin entities, focused on the use of proxies tied to Russian intelligence who peddled influence narratives in media and within the Trump administration. In September 2020, the Treasury Department imposed sanctions on one of the individuals mentioned in the report, Ukrainian parliamentarian Andriy Derkach. The report notes no attempts to interfere in technical aspects of the voting process.
Hudson, Veasey Condemn Ongoing Imprisonment of American Trevor Reed in RussiaTuesday, March 16, 2021
WASHINGTON—In response to the ongoing imprisonment of U.S. citizen Trevor Reed in Russia, Rep. Richard Hudson (NC-08) and Rep. Marc Veasey (TX-33) issued the following joint statement: “Trevor Reed is not a political bargaining chip; he is a human being loved by family and friends. He already has suffered needlessly through pre-trial detention, a sham trial, and more than a year of his unjust prison sentence. The United States will not stand by quietly while Trevor—and all of those wrongly jailed by Russian authorities—suffer the consequences.” American citizen and U.S. Marine Corps veteran Trevor Reed traveled to Moscow in May 2019 to visit his girlfriend. In August, he was detained by police after a party and accused of endangering the lives of the police officers by grabbing them and causing their vehicle to swerve on the way to the police station. No one was injured, video evidence and witness testimony did not corroborate the accusation, and Reed’s defense team was not given access to additional video footage recorded inside the police car and police station. After spending a year in custody, in July 2020 Reed was sentenced to nine years in a prison camp—the single longest prison sentence handed down in more than 20 years for such a charge. In February 2021, a Moscow court postponed hearing his appeal indefinitely. In early March, Reed was taken from his cell by authorities and held incommunicado in an unknown location for more than a week. Officials provided no explanation to his family or to the U.S. Embassy upon his return. The Kremlin has a history of jailing U.S. citizens on spurious and politically motivated charges. In June 2020, another U.S. citizen, Paul Whelan, was sentenced to 16 years in a maximum-security prison by a Russian court. He originally was arrested in Moscow in December 2018, where he planned to attend a wedding, and spent the intervening 18 months in pre-trial detention.
The Ongoing Importance of the Work of the U.S. Helsinki CommissionTuesday, March 16, 2021
Madam Speaker, I rise today to discuss the work of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission and its continued importance in addressing challenges in our country and abroad. For over four decades, the Helsinki Commission has championed human rights, democracy, and comprehensive security across the 57 North American, European, and Central Asian countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE). As Chair of the Helsinki Commission during the 116th Congress, I worked with my House and Senate colleagues to continue the Commission's longstanding efforts to monitor participating States compliance with the Helsinki Accords. The importance of election observation in our country and abroad, restorative justice, the safety of journalists, and the global impact of George Floyd's tragic death on racial justice efforts were just some of the issues the Commission addressed last Congress, in addition to our continued focus on Russia, Ukraine, the Balkans and continued democratic development in the region. As we continue our work of the 117th Congress, I invite you to review the report: "Retrospective On The 116th Congress'' at https://www.csce.gov/international-impact/retrospective-116th-congress and http://www.csce.gov/sites/helsinkicommission.house.gov/files/116th%20Congress%20Report%20Final.pdf. This report summarizes the Commission's activities, as well as recommendations critical for the continued promotion of democracy and U.S. national security. Madam Speaker, I look forward to continuing this critically important work during the 117th Congress.
U.S. Election Practices: An International PerspectiveTuesday, March 16, 2021
Madam Speaker, this chamber recently passed H.R. I, the "For the People Act,'' significant legislation making it easier for American citizens to vote in U.S. elections and improve transparency and accountability in our election process. The White House also recently announced a new executive order to assist this effort. These are positive developments that I welcome and support, but, as we all know, not everything regarding the conduct of elections can be done at the federal level. Unfortunately, many state legislatures are now undertaking efforts that would make it more difficult for eligible Americans to participate in the electoral process and vote. As Chair and in the leadership of the Helsinki Commission, I have supported the positive steps we are trying to take on this issue, yet I remain deeply concerned about those who want to move our country backward. Perhaps it would help our debate to look at the conduct of the 2020 U.S. elections from an international perspective, including the conduct of elections in conformity with international commitments first proposed and advocated by the United States more than 30 years ago. The United States has been one of five countries thus far where the OSCE Parliamentary Assembly has observed elections during the unprecedented challenges of the pandemic, and a German parliamentarian reported on its findings on February 26. He did not point fingers at us and accuse. He mentioned the positive as well as the negative. He is clearly a friend who cares, as most of the OSCE observers undoubtedly were. As a previous election observer in the OSCE region, I can also attest, that the code of conduct makes it is extremely unlikely that the OSCE election observation could be steered in support of any particular agenda other than better democracy. I therefore want to commend to my colleagues the full OSCE Final report "United States of America General Elections, 3 November 2020, ODIHR Limited Election Observation Mission," which can be found at https://www.osce.org/files/f/documents/7/7/477823_2.pdf. It offers an important perspective on our elections from persons who rightly care about the process, not the result. They have observed not only our elections since 2002 but elections in dozens of other countries on a regular basis. The issues raised in the report are the same issues we Americans debate here in Washington, in our state capitals and through the media. I take the conclusions and recommendations, including criticisms, in this election observation report seriously. It serves as a helpful guide on what next steps we should take to improve our electoral system. I believe our election officials and state legislators should read this report; indeed, I recommend it to any American who cares about his or her country. It is a broad snapshot of our entire, complex electoral system. Several of the priority recommendations in the report deal with voting rights and voter identification. Specifically, it says that "authorities should review existing measures to further reduce the number of unregistered voters, including addressing burdensome procedures and obstacles faced by disadvantaged groups.'' It also says that "states should make every effort to ensure that voter identification requirements are equally accessible to all voters.'' It also makes specific recommendations regarding specific groups of American citizens. We do not need to agree about every conclusion and recommendation in this report to take it seriously. It is a contribution to our debates from a unique perspective. Moreover, our acceptance of international observation serves a useful function in our foreign policy. OSCE election observation has encouraged practices giving voters a real choice in numerous other countries, many of which were once repressive, one-party communist states but are now our friends and even, in some cases, allies. The United States initiated this effort with the OSCE and contributes significantly to election observation missions elsewhere, providing the expertise that comes with our experience. If we are to encourage other governments to take this effort seriously and implement recommendations, we need to set the example ourselves. Unfortunately, several U.S. states greatly restrict or even prohibit international observation. This is something which must change as we prepare for mid-term elections in 2022 and general elections in 2024.
Ten-Member Congressional Delegation Demonstrates Ongoing U.S. Engagement With the OSCEFriday, March 05, 2021
By Bob Hand, Senior Policy Advisor Approximately 270 parliamentarians from across the OSCE region gathered virtually from February 24 – 26 for the OSCE Parliamentary Assembly’s Winter Meeting, the first statutory meeting of the Assembly held since the COVID-19 pandemic limited inter-parliamentary diplomacy to online gatherings. The ongoing impact of COVID-19 on security, the economy, the environment and the human rights and democratic development of the 57 OSCE States remained the focus of the annual gathering. Supported by the U.S. Helsinki Commission, the U.S. Delegation remained actively engaged, fielding a bicameral, bipartisan delegation of 10 Members of Congress who participated remotely in the debates. Sen. Ben Cardin (MD) served as Head of the U.S. Delegation. The OSCE Parliamentary Assembly (PA) is an independent institution of the Organization for Security and Cooperation in Europe (OSCE) created in 1991 for parliamentarians to complement the inter-governmental work of the 57 participating States. Unlike other OSCE bodies, countries are represented based on population rather than each having a single seat at the table (the United States has the largest representation with 17 seats), and decision-making is based on a majority vote rather than consensus. The Annual Session each summer is the principal gathering, with a Winter Meeting in February and an Autumn Meeting in October to initiate and conclude the year’s work. Despite a busy congressional schedule, the members of the U.S. Delegation successfully raised critical country, issue, and institutional concerns, including the attempted poisoning and incarceration of Alexei Navalny, Russian aggression in Ukraine, the brutal crackdown in Belarus and corruption and authoritarian tendencies elsewhere in the OSCE region. Active U.S. engagement demonstrates the depth of U.S. commitment to European security, and reflects the importance of the OSCE PA as a vehicle for advancing U.S. interests and building support on issues like human trafficking, attacks on the media, manifestations of anti-Semitism, racism and intolerance, as well as country-specific concerns. Such a large delegation of Members of Congress reflected the diversity of opinion in the United States, setting an example of openness and honesty for others to follow, deflecting accusations of double standards on U.S. performance, and strengthening the message on human rights concerns in other countries where the Members of Congress can and do express a united view. Improvising Engagement Amid Pandemic Since 2002, Winter Meetings have been held in Vienna, Austria to facilitate direct interaction among parliamentarians, OSCE officials, and diplomatic representatives of the OSCE participating States. The Winter Meeting also allows the Assembly’s general committees to discuss work for the coming year. The outbreak of the COVID pandemic in early 2020 forced the cancellation of the Annual Session scheduled for July in Vancouver and the Autumn Meeting scheduled for October in San Marino. Without rules dealing with such situations, the OSCE PA Secretariat maintained inter-parliamentary engagement by organizing a dozen or more inter-parliamentary web dialogues from April into November to substitute for the traditional gatherings. While no replacement for traditional meetings, these unofficial events provided needed continuity and contact among delegates. First the first time in the history of the OSCE PA, no annual declaration was adopted, but the then-Assembly President George Tsereteli provided summaries of the web debates on relevant issues, a record of dialogue even in the midst of pandemic. The OSCE PA resumed election observation where possible and responded to political impasse within the OSCE itself by issuing a “Call for Action” urging a reaffirmation of the organization’s once common purpose. For 2021, the OSCE PA has been seeking to resume its regular meeting schedule, although conditions still required the Winter Meeting to be held remotely. Five sessions were scheduled during hours that best accommodated participants across some 16 time zones, from Vancouver to Ulaanbaatar. At the meeting of the Heads of Delegation, known as the Standing Committee, it was announced that the 2021 Annual Session would be unable to be held in person as planned in Bucharest, Romania, in early July. As a result, the Standing Committee amended the Assembly’s rules of procedure to allow statutory meetings to go forward online, including permitting elections for OSCE PA officers and other decisions to be handled remotely. Maintaining Focus on Substantive Issues and Concerns Beyond scheduling and procedures, the Standing Committee also looked at substance. Following reports from current OSCE PA President Peter Lord Bowness (United Kingdom), Secretary General Roberto Montella (Italy), and OSCE PA Special Representatives appointed to address particular concerns, there were heated exchanges between Azerbaijan and Armenia regarding Nagorno-Karabakh, as well as on Russian aggression against Ukraine and the brutal crackdown on protesting opposition in Belarus—issues that would be raised repeatedly throughout the meeting. Sen. Cardin, attending not only as Head of Delegation but also as Special Representative on Anti-Semitism, Racism and Intolerance, delivered a report on his activities, as did Rep. Chris Smith (NJ-04), who serves as the Special Representative on Human Trafficking Issues. “The coronavirus pandemic has created an unprecedented health crisis in the OSCE region, exacerbated by pre-existing inequities and disproportionately impacting people of color. Heightened anti-Asian discrimination, anti-Semitic conspiracy theories, and violent attacks targeting diverse populations have followed… My report details a response to these developments, as well as the global racial justice movement spurred by the tragic death of George Floyd.” Sen. Ben Cardin (MD), Head of U.S. Delegation, U.S. Helsinki Commission Rep. Smith noted, “Traffickers did not shut down during the pandemic—they simply adapted their methods. Meanwhile, vulnerable people were made even more vulnerable by both the virus and its deleterious impact on the global economy… As we worked to address these challenges, it was crucial to have information and recommendations based on real, concrete data.” The Joint Session of the General Committees effectively served as the opening plenary. President Bowness opened the session with a defense of principled-based dialogue, and guest speakers included Ann Linde, Sweden’s foreign minister and this year’s OSCE Chair-in-Office, as well as Helga Schmid (Germany), the OSCE’s new Secretary General. The chairperson outlined plans for 2021, asserting that the she will “prioritize the comprehensive concept of security across all three dimensions,” namely the Security, Economic and Human Dimension, which she argued “contributes to making the OSCE truly unique.” The Secretary General expressed her hopes to provide needed support for the organization and its mission, and she credited the OSCE PA for bringing emerging security issues into the OSCE debate. Sen. Cardin thanked the Assembly and its parliamentarians for their expressions of concern and support for the United States in light of efforts to delegitimize the November 2020 presidential elections and the related violent mob attack on the U.S. Capitol in January 2021. He also expressed support for the comments of Lord Bowness and the priorities announced by the Swedish Chair-in-Office, including to have the Human Dimension Implementation Meeting in 2021. “We must challenge those who are seeking to weaken the OSCE or aren’t living up to their commitments. That’s our priority as parliamentarians … and we must as parliamentarians support the mission of the OSCE and help strengthen it through our actions and our capitals,” he said. Finally, speaking on behalf of Rep. Alcee Hastings (FL-20), who was unable to attend, Sen. Cardin asked the Swedish chair about how the OSCE can engage Armenia and Azerbaijan in order to address outstanding issues and encourage a return to the Minsk Group settlement process to achieve a sustainable resolution of the conflict. Taking a Closer Look at the Security, Economic and Human Dimensions of OSCE Following the Joint Session, each of the three General Committees heard from OSCE officials in their respective fields, or dimensions, of OSCE work. Presenters included the ambassadors serving as chairs of the counterpart committees of the OSCE’s Permanent Council and the head of the OSCE’s Special Monitoring Mission in Ukraine. The three committees also heard from their respective rapporteurs on plans for drafting substantive reports that will be the basis of further activity at the Annual Session. Rep. Richard Hudson (NC-08), who chairs the General (First) Committee on Political Affairs and Security, noted the myriad of security and political issues confronting the OSCE during the past year, including the war in Ukraine, conflict in Nagorno-Karabakh, and political turmoil in countries of concern like Russia, Belarus, and most recently Georgia. “Our engagement with critical issues in the OSCE space has been consistent and impactful,” he concluded. Speaking during the session, Acting U.S. Assistant Secretary of State Phil Reeker called the erosion of the European security environment the “biggest challenge we face today in the organization” and highlighted U.S. plans for the Forum for Security Cooperation (FSC) during its four-month chairmanship. The Acting Permanent Representative of the United States to the OSCE and FSC chair, senior diplomat Courtney Austrian, was present for the discussion. Sen. Roger Wicker (MS) took the floor during subsequent debate to condemn Russian violations of Helsinki Principles in its aggression in Ukraine. He said that “Moscow must withdraw proxies in eastern Ukraine” and “respect Ukraine’s territorial integrity,” asserting that relevant sanctions will remain in place until that happens. Rep. Steve Cohen (TN-09) also responded to an intervention on youth and drugs by a delegate from Belarus, arguing that citizens need to be given greater freedom if young people are to feel a commitment to the country. Three other Members of Congress participated in the session of the General (Second) Committee on Economic Affairs, Science, Technology and the Environment, which covered issues ranging from corruption to climate change. Rep. Brian Fitzpatrick (PA-01) focused on addressing corruption. “It should come as no surprise to anyone … that legislatures have one of the most important roles to play in combating corruption—that of establishing a transparent and accountable legal and financial framework that empowers law enforcement officials and is maximally resistant to fraud,” he said. Sen. Sheldon Whitehouse (RI) said that the United States “is back” in efforts to combat climate change and noted recent U.S. legislation designed to address shell companies that support a global dark economy by sheltering “assets of thieves.” Rep. Gwen Moore (WI-04) spoke about the devastating impact of the pandemic on women in the healthcare industry as well as on small business, and she expressed concern about risks to supply chains and business ties to both China and Russia. Three Members of Congress also participated in of the General (Third) Committee on Democracy, Human Rights and Humanitarian Questions. Rep. Cohen asserted that human rights has reclaimed its place in U.S. foreign policy, and emphasized human rights in concerns in Russia, Belarus, and Hungary. He expressed particular concern about the poisoning and recent arrest of Russian opposition figure Alexei Navalny and called for Belarus to release political prisoners and to hold elections with OSCE observers. Rep. Marc Veasey (TX-33) took the floor in a later debate, responding to a report on the OSCE’s observation of the U.S. general elections in November 2020. He stressed the need for U.S. states that currently prohibit or restrict international observation to consider a more open approach and concluded that “our election officials and state legislators should read this report,” along with “any American who cares about his or her country. It is a broad snapshot of our entire electoral complex system that we have here.” Rep. Robert Aderholt (AL-04) raised concerns about discriminatory restrictions on religious assembly during the pandemic, as well as on the diminishing free media environment in many participating States. “Press freedom in the OSCE region has continued to decline as some governments are using economic, legal, and extra-legal tools to silence independent media and also to bolster loyal outlets and dozens of journalists are imprisoned in the OSCE region,” he said. “We’ve seen that in Russia, we’ve seen that in Belarus, we’ve seen that in Turkey, detaining scores of journalists in recent national protests.” There was one side event held in conjunction with the Winter Meeting, organized by the Norwegian Helsinki Committee in cooperation with the Lithuanian Mission to OSCE. Seven panelists in two sessions highlighted how international instruments—such as the Moscow Mechanism, Magnitsky-like legislation, the International Criminal Court, the European Court of Human Rights, and the promotion of a universal criminal jurisdiction—could increase accountability of state actors, support Belarus’ democracy movement, and deny financial safe havens to Russian kleptocrats. Belarusian opposition leader Sviatlana Tsikhanouskaya and Boris Nemtsov Foundation for Freedom chairman Vladimir Kara-Murza were among the event panelists. Assessing the Effort The virtual three-day, five-session Winter Meeting could not replace an in-person gathering in Vienna, a point frequently made by the parliamentarians themselves. However, it did allow for a resumption of constructive debate in the general committees and interaction among parliamentarians and other OSCE institutions, paving the way for a return to more traditional work as the year progresses. The need to cancel the Annual Session planned for July in Bucharest was a major disappointment, but the adoption of rules governing such emergency situations now permit some continuity of effort.
Helsinki Commission Leaders Welcome Sanctions on Russian Officials Implicated in Crimes against NavalnyWednesday, March 03, 2021
WASHINGTON—Following Tuesday’s announcement that the United States will impose sanctions on seven senior Russian figures implicated in Alexei Navalny’s poisoning and imprisonment, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02) and Sen. Ben Cardin (MD) issued the following statements: “Our actions signal that we continue to stand with the Russian people,” said Rep. Hastings. “The United States will always defend those like Mr. Navalny who battle against the oppression of their fellow citizens, fight for basic freedoms, and offer a path to democracy.” “The Kremlin’s attacks on Mr. Navalny are meant to serve as a warning to any Russian who dares to defy Putin,” said Sen. Wicker. “The United States will not tolerate such threats against the human rights and fundamental freedoms of the Russian people without imposing serious consequences to deter Putin and his criminal regime.” “The Kremlin will insist that sanctions are anti-Russian. On the contrary, there is nothing more anti-Russian than authorities who cheat, harm, and steal from their fellow citizens,” said Rep. Wilson. “These sanctions provide a concrete check on the bad acts of Putin’s flunkies.” “Only in a free Russia can justice truly be served. Sanctioning perpetrators of the crimes against Mr. Navalny is a necessary first step,” said Sen. Cardin. “We must make it clear that the United States and our allies will not tolerate attempts by the Kremlin to silence its critics—whether through assassination, imprisonment, or harassment.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the Russian FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and immediately was arrested. On February 2, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that the European Court of Human Rights deemed arbitrary and unreasonable. Previous time served under house arrest reduced his prison time to two years and eight months. Navalny is likely to serve the remainder of his sentence at one of Russia’s most notorious penal colonies in the Vladimir region, about three hours east of Moscow.
Hastings and Cardin on Report that Saudi Crown Prince Approved Khashoggi Killing, New State Department “Khashoggi Ban”Friday, February 26, 2021
WASHINGTON—Following the release of a report indicating that Saudi Arabia's Crown Prince Muhammad bin Salman approved an operation in Istanbul, Turkey to capture or kill Saudi journalist Jamal Khashoggi, and the announcement by the U.S. State Department of a new policy to impose visa restrictions on individuals who directly engage in serious, extraterritorial counter-dissident activities on behalf of a foreign government, Helsinki Commission leaders Rep. Alcee L. Hastings (FL-20) and Sen. Ben Cardin (MD) issued the following statements: “The report released today confirmed what we already knew—that the brutal murder of Jamal Khashoggi was orchestrated at the highest levels of the Saudi Government,” said Rep. Hastings. “Too often, the world turns a blind eye to the risks journalists take simply by doing their jobs. Now we must push for accountability and justice, not only for Mr. Khashoggi but for every member of the media who has been targeted for revealing the truth. I commend the State Department for enacting a new global policy bearing Jamal Khashoggi’s name to impose visa restrictions on those who engage in extraterritorial attacks on journalists or activists. Defending press freedom is essential to a democratic and prosperous society.” “Jamal Khashoggi’s brutal, targeted killing will no longer be hidden under diplomatic cover. I commend President Biden for putting human rights at the center of U.S. foreign policy and for publicly releasing the details surrounding this horrific murder,” said Sen. Cardin. “I urge President Biden and his administration to apply Global Magnitsky sanctions on all those found responsible for the brutal murder of Mr. Khashoggi. I authored the Global Magnitsky Act to ensure accountability for individuals responsible for gross violations of human rights wherever they may occur. America’s strength is in our values. We must defend human rights and hold abusers accountable. Now is the time to send a clear signal that extrajudicial killings are universally unacceptable and that no one is above the law.” In 2020, the U.S. Helsinki Commission held a hearing to examine the troubling trend of violence against journalists, and review implementation of international press freedom commitments undertaken by the United States. In 2019, the OSCE Representative on Freedom of the Media testified before the U.S. Helsinki Commission on the state of media freedom in the OSCE region.
Chairman Hastings Introduces LITE Act to Foster Shared Values, Restore Faith in Democratic Institutions on Both Sides of the AtlanticThursday, February 18, 2021
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) on Thursday reintroduced the Leadership Institute for Transatlantic Engagement (LITE) Act to strengthen ties with U.S. allies, protect democratic institutions, and support visionary leadership on both sides of the Atlantic. The legislation was originally introduced in March 2020. “Dramatic disparities in wealth, health, employment, education, and justice are leading some to question whether democracy can deliver on its promise of freedom and opportunity for all,” said Chairman Hastings. “By helping leaders ensure that laws are equitable, transparent, and enforced; elections are free and fair; and the same protections, rights, and laws are extended to all in their constituencies, we can restore faith in democratic institutions on both sides of the Atlantic.” LITE would further codify transatlantic leadership exchanges and knowledge-building activities to equip Western policymakers with legislative, communications, conflict resolution, and other leadership tools to strengthen democratic institutions in their societies as well as the transatlantic relationship. It complements President Joe Biden’s initiatives to address racial equity and discrimination, as well as to reengage with America’s European allies. Recognizing the rapid and ongoing demographic change on both sides of the Atlantic, LITE also focuses on inclusive and intergenerational solutions to current challenges and would empower individuals across generations and from diverse backgrounds with the knowledge, skills, opportunity, and access to fully participate in their democracies. In addition, LITE would assist in community reunification by helping leaders develop strategies to build resilience against the exploitation of community grievances that can lead to dangerous divisions in society. During the 116th Congress, the Helsinki Commission, under the leadership of Chairman Hastings, organized multiple initiatives to promote inclusive democracies, including a September 2019 hearing on the state of diversity and inclusion in Europe. In December 2019, the commission convened a hearing on public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance. In February 2020, the Helsinki Commission hosted more than 30 young legislators from OSCE participating States and partner countries to discuss the role of young people in peace and security efforts and forge a transatlantic network for political action to address emerging human rights and security challenges. For more than a decade, the Helsinki Commission has convened U.S. and European policymakers with the State Department and other partners under the banner of the Transatlantic Minority Political Leadership Conference and Transatlantic Inclusion Leaders Network to support increased political representation in Western democracies. In November 2019, the State Department, in cooperation with the Helsinki Commission, launched a new transatlantic democracy program for youth, “On the Road to Inclusion.” The program empowers young people to collaborate across diverse social, cultural, religious, and generational differences to promote positive change through democratic practices. Representatives Gregory Meeks, Gwen Moore, Steve Cohen, and Sheila Jackson Lee are original cosponsors of the bill.
Chairman Hastings Introduces Initiatives to Promote Rights and Recognize Achievements of People of African DescentThursday, February 18, 2021
WASHINGTON—As the United States celebrates Black History Month and the world continues to highlight the International Decade for People of African Descent, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) introduced two pieces of legislation on Thursday focused on promoting the rights of people of African descent and recognizing their achievements and invaluable contributions to society. The African Descent Affairs Act of 2021 would establish a U.S. strategy to protect and promote the human rights of people of African descent worldwide. “We have seen a sharp increase in racism, anti-Semitism, xenophobia and other forms of prejudice and discrimination across the globe,” said Chairman Hastings. “Global racial justice movements have drawn attention not only to the problem, but also to opportunities to join efforts with countries around the world to develop and implement global and national solutions.” The African Descent Affairs Act, originally introduced in 2019, seeks to facilitate the full and equal participation of people of African descent in society; promote knowledge of and respect for the diverse heritage, culture, and contributions of people of African descent; and strengthen and implement legal frameworks that combat racial discrimination by: Developing an Office of Global African Descent Affairs within the U.S. State Department to develop global foreign policy and assistance strategies beyond the African continent; Creating a State Department fund to support antidiscrimination and empowerment efforts by civil society organizations; Requiring annual State Department human rights reports to include a section on discrimination faced by people of African descent; Creating similar initiatives at the United States Agency for International Development. A related resolution recognizes the achievements and contributions of people of African descent and Black Europeans in the face of persistent racism and discrimination. It encourages the European Union (EU), European governments, and members of civil society and the private sector to work with African descent communities to implement national strategies to address inequality and racism. “While the presence of Blacks in Europe can be traced to enslavement, colonization, military deployments, voluntary or forced migration, the movement of refugees and asylum seekers, or educational and other professional exchanges and even before the time of the Egyptians, the story of Europeans of African descent and Black Europeans still remains largely untold,” said Chairman Hastings. “The system has rendered many of their past and present contributions to the very fabric of Europe unseen or forgotten, which is unacceptable.” The resolution urges the United States to take a number of steps to improve the situation of people of African descent in Europe by supporting: EU-wide anti-racism and inclusion strategies, including implementation of the EU’s first Anti-racism Action Plan and the adoption of national strategies in all 27 EU Member States; A Joint U.S.-EU Action Plan on Racial and Ethnic Equality and Inclusion, as well as other multilateral efforts to address racial inequality and combat racial discrimination, including efforts of the OSCE, Council of Europe, United Nations and their parliamentary assemblies; The active promotion of racial and ethnic representation and participation at all levels of national, regional, and local government, in addition to other measures. Chairman Hastings originally introduced the resolution, which was co-sponsored by the late Rep. John Lewis, in March 2019. “It is my hope that when we gather in the years to come to review the efforts of the United Nations designated International Decade for People of African Descent, we will not only speak of how our efforts resulted in our respective nations publicly recognizing the injustices and long-term impact of slavery and colonialism, but also of how our societies reconciled these issues in a manner that ensured equal opportunity, access, and justice for all people of African descent,” said Chairman Hastings. Both initiatives align with President Biden’s recent executive orders on racial equality and justice. Over the past decade, the Helsinki Commission has drawn attention to continuing issues of racism and discrimination on both sides of the Atlantic, most recently through a September 2020 hearing on reinforcing U.S.-EU parliamentary coordination to promote race equity, equality, and justice following the June 19, 2020 adoption of the European Parliament resolution on the anti-racism protests following the death of George Floyd. Representatives Gregory Meeks, Gwen Moore, Steve Cohen, Sheila Jackson Lee, and Bobby Rush are original cosponsors of the bill.
Cardin, Wicker Introduce Bill to Counter Corruption and Promote Good GovernanceThursday, February 04, 2021
WASHINGTON—U.S. Senator Ben Cardin (D-Md.) and Senator Roger Wicker (R-Miss.), incoming Chair of the U.S. Helsinki Commission and Co-Chair, respectively, have re-introduced legislation that would elevate the federal government’s anti-corruption activities. S.158, the Countering Russian and Other Overseas Kleptocracy Act, or CROOK Act, would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries and streamline work strengthening the rule of law abroad. “Vladimir Putin and other kleptocrats around the world seek to undermine democracy and hollow out the rule of law for their own personal gain. This bipartisan legislation would provide the authority and resources required to fight back against these reprehensible regimes,” said Senator Cardin, a senior member of the Senate Foreign Relations Committee. “Countering corruption and promoting good governance is a national security priority.” “There is no better indicator of the need to confront corruption around the world than Vladimir Putin’s disgraceful actions against democratic activist Alexei Navalny,” Senator Wicker said. “By targeting individual wrongdoers, this legislation would help to counter the influence of corrupt actors on the world stage, whether they be from Russia, China, or Venezuela. Any steps we can take to crack down on illegal practices and strengthen the rule of law are welcome.” The anti-corruption action fund established in the Cardin-Wicker legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law. For example, Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. S.158 also would establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials.
The harrowing tale of Bill Browder—how an American-born businessman became an enemy of the Russian state, how he has to live in constant fear, never knowing if the long arm of the Kremlin will snatch him, or kill him—is its own kind of daily terror. But what Browder’s story tells us about the way Vladimir Putin operates, and what he might want from this country, should scare us all.
William Browder took his family on vacation in July, though he won't say where because that is one of those extraneous bits of personal information that could, in a roundabout way, get him bundled off to a Siberian prison or, possibly, killed. For eight years, he's been jamming up the gears of Vladimir Putin's kleptocratic machine, a job that seems to often end in jail or death, both of which he'd very much like to avoid. He'll concede, at least, that his leisure travels took him from London, where he lives, through Chicago, where he changed planes. As he walked through a terminal at O'Hare, he got a call from a New York Times reporter named Jo Becker.
"Do you know anything," she asked, "about a Russian lawyer named Natalia Veselnitskaya?"
Browder stopped short. "Yes," he said. "I know a lot about her."
One of the most important things he knew was that Veselnitskaya had spent many dollars and many hours trying to convince Washington that Browder is a criminal. More than a decade ago, Browder was the largest individual foreign investor in Russia, managing billions in his hedge fund. Then, in 2009, one of his attorneys was tortured to death in a Moscow jail after exposing a massive tax fraud committed by Russian gangsters. His name was Sergei Magnitsky, and Browder has spent the years since trying to hold accountable anyone connected to Sergei's death. The most significant way is through the Sergei Magnitsky Rule of Law Accountability Act, a 2012 U.S. law that freezes the assets and cripples the travel of specific Russians, many of whom have allegedly laundered millions of dollars in the West.
The Kremlin hates that law. Putin's hold on power requires the loyalty of dozens of wealthy oligarchs and thousands of complicit functionaries, and their loyalty, in turn, requires Putin to protect the cash they've stashed overseas. Putin hates the law so much that he retaliated by banning Americans from adopting Russian children—yes, by holding orphans hostage—and has said that overturning the Magnitsky Act is a top priority.
That's where Veselnitskaya comes in. As a lawyer, she represented a Russian businessman trying to recover $14 million frozen by the Magnitsky Act. More important, she was involved in an extensive 2016 lobbying and public-relations campaign to weaken or eliminate the act, in large part by recasting Browder as a villain who conned Congress into passing it. That was not empty political spin for an American audience: The Russians really do want Browder in prison. In 2013, a Russian court convicted him in absentia (and Sergei in his grave) of the very crime Sergei uncovered and sentenced Browder to nine years in prison. Later, it got worse. In April 2016, Russian authorities accused Browder of murdering Sergei—that is, of killing the person on whose behalf Browder had been crusading, and who the Russians for seven years had insisted was not, in fact, murdered.
The campaign was oafish yet persistent enough that Browder thought it wise to compile a 26-page presentation on the people behind it. Veselnitskaya appears on five of those pages.
"I've been trying to get someone to write this goddamned story," Browder told Becker on July 8. "She's not just some private lawyer. She's a tool of the Russian government."
But why, Browder wanted to know, was Becker suddenly interested?
"I can't tell you," she said. "But I think you'll be interested in a few hours."
Browder flew off to the place he won't name, switched on his phone, and scrolled to the Times website. He drew in a sharp breath.
He exhaled. F***.
Donald Trump Jr. told the Times that the June 9, 2016, meeting had been about adoptions, which demonstrated either how out of his depth he was or how stupid he thought reporters were. If Veselnitskaya had been talking about adoption, she of course had been talking about the Magnitsky Act.
Which meant she'd also been talking about Bill Browder.
He read the story again, closely. Browder wasn't sure what the implications were. But if he'd known about it in real time—that the staff of a major-party presidential candidate was listening intently to those who accuse him of murder and want him extradited and imprisoned—he would have been terrified.
"Putin kills people," Browder said to me one afternoon this autumn. "That's a known fact. But Putin likes to pretend that he doesn't kill people. So he tends to kill people he can get away with killing."
Browder did not say this as if it were a revelation. (And technically it's an allegation that Putin has people killed, albeit one so thoroughly supported by evidence and circumstance that no one credibly disputes it.) Rather, he told me that by way of explaining why he was telling me anything at all: The more often and publicly he tells the story of Sergei Magnitsky, the less likely he'll be to get poisoned or shot or tossed out a window, which has happened to a number of Putin's critics. If anything does happen to him, he reasons, the list of suspects would be short.
He spoke softly, methodically, though with great efficiency; not scripted, but well practiced. We were in the conference room of his offices in London. Afternoon light washed through a wall of windows, threw bright highlights onto his scalp, sparked off the frame of his glasses. Browder is 53 years old, medium build, medium height, medium demeanor, and was wearing a medium-blue suit. He does not look like a threat to Russian national security, which the Kremlin declared him to be 12 years ago. Still, there is a hint of steel, something hard and sharp beneath all of the mediumness; if he confessed that he'd served in the Special Forces, it would be a little surprising but not shocking.
It was late September, and Donald Trump had been president for 248 days. In the weeks after the election, Browder was "worried and confused." Trump has a creepy habit of praising Putin, but he'd also surrounded himself with Russia hard-liners like General James Mattis, Nikki Haley, and Mike Pompeo—secretary of defense, ambassador to the United Nations, and director of the CIA, respectively. Browder war-gamed the Magnitsky Act but didn't see any way that Trump could kill it—Congress would have to repeal the law—only a chance that he might refuse to add more names to the target list. (Five people were added to the list last January, bringing the total to 44.) He figured the same was true with the Global Magnitsky Human Rights Accountability Act, which President Obama signed shortly before leaving office, expanding the targeted-sanctions tool to human-rights abusers worldwide. The Russians hate that law, too, because having "Magnitsky" in the title reminds the entire planet where the standard was set and by whom.
The first months of the new administration unspooled, spring into summer. Trump's flirtation with Putin persisted, but with no practical effect. "The Russians got nothing," Browder said. Congress, in fact, imposed its own sanctions on Russia for meddling in the 2016 election, cutting Trump out of the loop entirely. "I watch this like a hawk," Browder said, "and so far they've gotten nothing. There's not a single piece of Russian policy that's gone Putin's way."
But then, in July, the Times reported that Veselnitskaya had met with Trump Jr., Jared Kushner, and Paul Manafort, Trump's campaign manager at the time, in June 2016. That shifted the calculus. "America has been my staunchest ally," Browder said. "It wasn't an assumption but a question: Had they flipped my biggest ally?"
That was still an open question when we met in London. Much more had been reported about Trump and Russia. Other contacts and communications were known, and details kept evolving, an endless, sloppy churn of information. There was more, too, about the meeting with Veselnitskaya, which happened two weeks after Trump secured the nomination: It was attended by eight people in all, including Rinat Akhmetshin, who is usually described as a former Russian military-intelligence officer, though that generously assumes that any Russian spook is ever fully retired from the spy game. Browder has another PowerPoint presentation on him. Additionally, Manafort's notes on the meeting reportedly mentioned Browder by name.
This is all bad. "They were in a meeting to discuss Bill Browder, the Magnitsky Act, and how to get the Magnitsky Act repealed," he said. "Now, what [the Russians] were offering in return, we don't know. But if it had just been a courtesy meeting, only one of [the Trump team] would have showed up."
Maybe no one will ever know what, if anything, the Russians offered. But there's no doubt what they wanted, and how badly. In a four-page memo prepared for the meeting by Veselnitskaya (and later obtained by Foreign Policy), the Magnitsky Act was inspired by "a fugitive criminal" who ripped off the Russian treasury and then went on a worldwide publicity tour to, apparently, cover it up. "Using the grief of the family of Magnitsky to his own advantage, Browder exposes them as a human shield to distract attention from the details of his own crime," she wrote. Passage of the Magnitsky Act, moreover, marked "the beginning of a new round of the Cold War."
That is an assertion as grandiose as it is belligerent. And yet it is not wholly inaccurate. To understand why the Kremlin is so perturbed, it helps to understand Bill Browder. In many ways, he is the Rosetta Stone for decoding the curious relationship between the Trumps and the Russians.
Browder's grandfather Earl was a communist. He started as a union organizer in Kansas and spent some time in the Soviet Union in the 1920s, where he married a Jewish intellectual and had the first of his three sons, Felix. The family moved to Yonkers in 1932, where Earl became secretary general of the Communist Party USA. He ran for president twice, in 1936 and 1940, and Time magazine put him on its cover in 1938 above the headline COMRADE EARL BROWDER. His fortunes fell in 1941, when he was convicted of passport fraud. His four-year sentence was commuted after 14 months, and he was released into relative obscurity until the 1950s, when he was harassed by the House Un-American Activities Committee.
Bill's grandmother steered her boys away from politics and toward academics, in which they wildly overachieved. Felix enrolled at M.I.T. at the age of 16, graduated in two years, and had a Princeton Ph.D. in math when he was 20. He met his wife, Eva, at M.I.T., a Jewish girl who'd fled Vienna ahead of the Nazis and spent her teenage years in a tenement with her impoverished mother.
Felix and Eva had two boys. Their first, Thomas, took after his father: University of Chicago at 15, doctoral student in physics at 19. Their second, Bill, did not. He liked to ski and smoke and drink. He got kicked out of a second-tier boarding school and barely got into the University of Colorado, which was fine with him because it was a notorious party school. By his account, he spent his formative years rebelling against everything his leftist-intellectual family held sacred.
"Rejecting school was a good start, but if I really wanted to upset my parents, then I would have to come up with something else," he wrote in his 2015 book, Red Notice: A True Story of High Finance, Murder, and One Man's Fight for Justice. "Then, toward the end of high school, it hit me. I would put on a suit and tie and become a capitalist. Nothing would piss off my family more than that."
He started studying, transferred to the University of Chicago, got into a two-year pre-MBA program at Bain & Company, in Boston. He parlayed that and an essay about Comrade Earl Browder—from communist to capitalist in two generations!—into a seat at Stanford. Out of genealogical curiosity, he began thinking about Eastern Europe. "If that's where my grandfather had carved out his niche," he wrote, "then maybe I could, too." He got a job with a consulting firm and moved to London in August 1989. Three months later, the Berlin Wall fell and the Soviet Union crumbled. Eastern Europe was wide open for business.
His first account was consulting for a Polish bus manufacturer that was bleeding cash. It was miserable work in a miserable little city, but while he was there his translator explained the financial tables in the local newspaper. With the fall of communism, nationalized companies were being privatized and their stocks were offered at fire-sale prices: A company with $160 million in profits the previous year had a stock valuation of only $80 million.
Browder invested his entire savings, $2,000, in Polish stocks. He eventually walked away with $20,000. He'd found his niche.
By 1993, he was in Moscow, investing in staggeringly undervalued stocks: He invested $25 million and turned a $100 million profit. With money that good and almost no Western competition, Browder, in 1996, raised enough cash to open his own fund, Hermitage Capital.
Over the next decade, Hermitage did exceptionally well. The downside, though, was that the economy wasn't transitioning from communism to capitalism so much as it was devolving into gangsterism. Corruption was endemic. A handful of oligarchs looted and swindled at their leisure. Browder countered by positioning himself as an activist shareholder; he and his staff would piece together who was ripping off what, name names, try to impose a modicum of order on a lawless system.
When Vladimir Putin rose to power, Browder believed he was a reformer eager to purge the kleptocracy. In 2003, for example, Putin arrested the country's richest man, oil magnate Mikhail Khodorkovsky, charged him with fraud, and displayed him in a cage in a courtroom until his inevitable conviction. In the context of the time, many critics saw the ordeal as a capricious show trial orchestrated by an authoritarian thug.
Not Browder. "I would trust Putin any day of the week," he told The Washington Post in early 2004. "It's like being in a lawless schoolyard where there's bullies running around and beating up all us little people, and then one day a big bully comes along and all the little bullies fall into line. That's what the state is supposed to be—the big bully."
But Putin, he discovered, wasn't pushing for good corporate governance. He was taking over the rackets. Putin put Khodorkovsky in a cage for the same reason Vito Corleone put a horse's head in Jack Woltz's bed: to send a message. Oligarchs could steal, but they had to pay tribute.
Oligarchs no longer needed to be named and shamed; they needed to be kept in line and to keep earning. At that point, an activist shareholder like Browder became an expensive nuisance. Browder was kicked out of the country on November 13, 2005.
For a while, he thought the Russian bureaucracy had made a mistake by canceling his visa, confusing him with someone else, perhaps, or misfiling some paperwork. He enlisted the help of British diplomats—Browder had been a British citizen since 1998—to no avail. There had been no mistake. Browder had been declared a threat to Russian national security.
Hermitage Capital remained in business, though, its office run by Browder's staff while he oversaw operations from London. But in Moscow, the pressure only increased. In June 2007, security forces raided Hermitage and the office of the law firm it employed. They carted away computers and files and, interestingly, all the corporate seals and stamps. At first, none of that made sense.
But then Sergei Magnitsky, a 36-year-old Muscovite who handled tax matters for Hermitage, started digging around. He eventually discovered three of Hermitage's holding companies had been used by Russian gangsters to swindle $230 million in tax rebates. It was a straight-up robbery of the Russian treasury. The scam wasn't unheard of, except the amount was perhaps the largest such tax fraud ever uncovered in Russia.
Browder and his staff reported the theft to the authorities and the media in the summer of 2008. They even named suspects, including some of the security officials who'd earlier been involved in the office raids. Nothing happened. Then, a few months later, on November 24, 2008, Sergei was arrested at his home.
He was held for nearly a year in various prisons, overrun with rats and damp with sewage. According to complaints Sergei wrote, he was fed porridge infested with insects and rotten fish boiled into mush. He contracted pancreatitis and gallstones but was refused treatment. Yet he was repeatedly told he would be released if he would recant his allegations and, instead, implicate Browder as the mastermind of the tax scam. He refused every time.
Almost a year after he was arrested, desperately ill, Sergei was handcuffed to a bed rail in an isolation cell. Eight guards beat him with rubber truncheons. A little more than an hour later, he was dead.
Before Sergei was killed, Browder had been lobbying anyone he could think of to pressure the Russians into releasing his accountant. One of the agencies he approached in the spring of 2009 was the U.S. Helsinki Commission, an independent federal agency in Washington that monitors human rights in 57 countries, including Russia.
Kyle Parker, one of the Russia experts there, wasn't interested. He knew who Browder was—the money manager who'd championed Putin, the guy who'd made the rounds of Western capitals a few years earlier trying to get his visa restored. He assumed that's what Browder was still after. "Not gonna be able to make it," he e-mailed a colleague scheduling the meeting. "Unless much has changed, I see this meeting as info only and would not support any action on our part."
He eventually met with Browder, though, and he listened to the story of Sergei. Parker understood, but it didn't seem especially uncommon. "I was thinking: Why is Bill trying to suck us into a pissing match between competing criminal groups?"
Parker didn't even include Sergei in a 2009 letter to Obama highlighting the commission's most pressing concerns.
After Sergei had been killed, Browder went back to the Helsinki Commission.
Parker told him how sorry he was. He told him that he cried when he heard Sergei was dead, that he read about it through teary eyes on the Metro, riding the Red Line home to his wife and kids. He said he was going to help.
"Here you have this Russian hero almost of a literary quality in Sergei Magnitsky," Parker told me. "He wasn't a guy who went to rallies with a bullhorn and protested human-rights abuses in Chechnya. He was a bookish, middle-class Muscovite. I see Sergei metaphorically as that Chinese guy standing in front of the tanks, but with a briefcase. He provided an example for all the other Russians that not everybody goes in for the deal, not everybody is corrupt, not everybody looks the other way when people are swindled."
What Browder wanted was some form of justice for Sergei, though what form that would take was unclear. He'd researched his options for months. The Russians weren't going to prosecute anyone—officially, Sergei died of heart failure. There was no international mechanism to hold Russian nationals criminally accountable in another country. "Eventually," Browder said, "it became obvious that I was going to have to come up with justice on my own."
He outlined a three-pronged approach. One was media, simply getting Sergei's name and his death and the reasons for it into the public consciousness. He talked to reporters, and he produced a series of YouTube videos, short documentaries on the people allegedly involved in Sergei's death.
The second was tracing the money. "They killed him for $230 million," Browder said, "and I was going to find out where that money went." It was parceled out to dozens of people, tucked away in Swiss accounts and American real estate and Panamanian banks, some of it held by proxies; part of it allegedly ended up in the account of a Russian cellist who happened to be a childhood friend of Putin's. By mining bank transfers and financial records, Browder and his staff have accounted for much of it, including $14 million allegedly laundered by a Cypriot company into Manhattan property. (The Justice Department froze those funds in 2013 but settled with the company, Prevezon, last summer for $5.9 million. Prevezon's owner, a Russian named Denis Katsyv, is represented by Natalia Veselnitskaya. The case did not allege that he had any role in Magnitsky's death.)
The final prong was political. Browder had heard about an obscure regulation that allows the State Department to put visa restrictions on corrupt foreign officials. But in the spring of 2010, the Obama administration was attempting to normalize relations with Russia—a "reset," as Obama famously put it. People die horrible deaths every day, and it's terrible and it shouldn't happen. But Russia is also a large country with a significant sphere of geopolitical influence and a lot of nuclear weapons. In that context, a dead middle-class tax lawyer wasn't relevant.
But what if, Parker suggested, they went to Congress? What if the legislature, rather than the administration, took action?
That was also a long shot. Getting any law passed is difficult, let alone one the administration opposes. But Browder told Sergei's story to congressional committees and individual senators and congressmen, and he kept telling it until the Sergei Magnitsky Rule of Law Accountability Act was passed by both houses of Congress and signed into law 11 days before Christmas 2012.
The act originally named 18 Russians, including bureaucrats implicated in the original scam; investigators Sergei had accused of being involved and getting a cut of the $230 million; jailers who tormented him; and two alleged killers. As more of the stolen money was traced, more names were added to the list. Everyone on it is banned from entering the United States and, more damaging, cut off from the American banking system. That has a ripple effect: Legitimate financial institutions all over the world monitor the Treasury Department list of sanctioned individuals and are loath to do business with anyone on it. "That's what people hate about it the most," Browder said. "It makes you a financial leper."
And that matters to Putin, Browder maintains, because the Russians on the list are not independently wealthy, like, say, Bill Gates or Richard Branson. "They're dependently wealthy," he said. "They're dependent on Putin." If the deal is that corrupt Russians can keep their cash in return for their loyalty, the Magnitsky Act is an enormous thorn in Putin's side. If he can't protect anyone's pilfered money, what's the point of loyalty? Putin surely understands that, because he was so transparently rattled: Taking orphans hostage is not the reasoned reaction of a man merely annoyed.
Browder initially wanted to call the law the Justice for Sergei Magnitsky Act. But Parker never took to that. "Banning some corrupt officials from coming here isn't even close to justice," he said. "But it's a legislative monument to Sergei Magnitsky until one day Russia builds a stone monument to him. Because I have no doubt he'll be seen as the Russian patriot and hero that he was."
Not quite three weeks after the Times broke the story of Veselnitskaya lobbying the Trump campaign to get rid of the Magnitsky Act, Browder testified before the Senate Judiciary Committee about, primarily, how Russian operatives wield influence and frame their propaganda. Eight years after he'd started targeting a handful of Russian crooks, Browder was suddenly very relevant to a much larger political storm.
He flew home to London after he testified but had to return to the United States in early August. He checked in at an airline counter in Heathrow but was told there was a problem with his visa. He'd been flagged by Interpol, which had issued a red notice on him. It's basically an international arrest warrant, and it was the fourth requested by the Russians for Browder. Technically, a member nation is supposed to extradite him to the country that asked for the notice. But the British, along with other sensible Western nations, stopped taking Russia's attempts regarding Browder seriously years ago.
In the end, it was only an inconvenience. But what if he'd been in, say, Finland when that notice popped up? The Finns are fine people, but they also have a 500-mile border with Russia. Would letting Browder go be worth risking an international incident with a bigger, more aggressive neighbor? He can make a reasonable case that, no, he would not be worth it. "I'm very realistic about who's coming to my defense," he said. "I am my defense."
So he's careful. He avoids countries that might be friendly to Putin. Much of the Third World is out. So is Hong Kong. He'd be fine in Japan, but only if he didn't fly over Russian airspace. What if the plane has trouble and makes an emergency landing in Novosibirsk? That's where Khodorkovsky was seized and hauled off to a cage.
Even in London, he's cautious. He won't talk about his family or where he lives. He varies his schedule and his route to work every day. He doesn't eat in the same restaurant twice in succession, or in any restaurant with predictable frequency; Russian agents have reputedly twice poisoned dissidents in London. He told me the British government has rebuffed at least a dozen requests to extradite him, and American intelligence has warned him that Russian agents planned to grab him off the street.
Years ago, a Russian living in London came to Browder's staff with information about certain wealthy, corrupt people in Moscow. He was cagey and shifty and, at first, it seemed like he might be a Russian agent trying to plant false clues. But his information checked out and Browder learned who he really was. His name was Alexander Perepilichnyy, and he was nervous because he believed he was on a Russian hit list.
On November 10, 2012, Perepilichnyy dropped dead in front of his house in Surrey. There was no obvious cause of death—no heart attack or stroke or aneurysm—and an inquest wasn't opened until last June. Perepilichnyy wasn't a well-known dissident, so no one thought to take a hard look when he died. "They got away with it," Browder said, meaning the Russians. "That's a perfect example of why you don't want to be an anonymous guy who drops dead."
So Browder is deliberately not anonymous. He does not live in cloistered fear. When a car service got confused trying to pick him up for a photo shoot—definitely a way to not be anonymous—we took the Tube a few stops, then walked through Kentish Town to the studio. There was no security, just two men wandering around London. He has hobbies that he asked I not name, but none of them are solitary or sedentary. "One thing I can tell you," he said, "with the threat of death hanging over you, you live life to the fullest." He laughed a little.
In this new version of his life, Browder is still most often referred to as a financier, but that's only marginally true. He gave all his investors their money back, and manages only his own now. Justice for Sergei—and aggravating Putin—is his full-time job. His staff of 11 tracks money launderers, deciphering which flunky is fronting for which oligarch, sniffing out the rest of that $230 million. He lobbies other governments to pass their own versions of the Magnitsky Act. The United Kingdom has one, as does Estonia. Lithuania is close, and Canada passed one in October. "Unconstructive political games," Putin told a Canadian interviewer immediately after, orchestrated by "the criminal activities of an entire gang led by one particular man, I believe Browder is his name."
And Putin wasn't finished. A week later, Russia slipped another red notice into Interpol's system. For the second time in three months, Browder was temporarily barred from entering the U.S. It's relentless, Putin clawing at him, thrashing. "Their main objective is to get me back to Russia," he said. "And they only have to get lucky once. I have to be lucky every time."
"Everything Bill's done has cost him tremendously," Parker said. "It's cost him money, restricted his personal freedom. And he didn't have to. He was out of Russia. He could have done what many did and walked away. Bad things happen, right? But here's a guy who's proven whatever he needed to prove to himself. He made his money. Now here's a way to find meaning. It's also a debt of honor."
No, it's more than that. "It's penance," Browder said. Sergei Magnitsky was an ordinary Muscovite who happened to work for an American who annoyed Vladimir Putin. "Sergei was killed because of me. He was killed instead of me." He let that hang there a moment. "So, yeah, it's all penance."
Sean Flynn is a GQ correspondent.
This story originally appeared in the December 2017 issue with the title "Putin Enemy No.1."