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U.S. Lawmakers Seek to Criminalize Doping in Global Competitions
The New York Times
Rebecca R. Ruiz
Tuesday, June 12, 2018

United States lawmakers took a step on Tuesday toward criminalizing doping in international sports, introducing a bill in the House that would attach prison time to the use, manufacturing or distribution of performance-enhancing drugs in global competitions.

The legislation, inspired by the Russian doping scandal, would echo the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials to gain a business advantage. The statute would be the first of its kind with global reach, empowering American prosecutors to act on doping violations abroad, and to file fraud charges of a different variety than those the Justice Department brought against top international soccer officials in 2015.

Although American leagues like Major League Baseball would not be affected by the legislation, which would apply only to competitions among countries, it could apply to a league’s athletes when they participate in global events like the Ryder Cup, the Davis Cup or the World Baseball Classic.

The law would establish America’s jurisdiction over international sports events, even those outside of the United States, if they include at least three other nations, with at least four American athletes participating or two American companies acting as sponsors. It would also enhance the ability of cheated athletes and corporate sponsors to seek damages, expanding the window of time during which civil lawsuits could be filed.

To justify the United States’ broader jurisdiction over global competitions, the House bill invokes the United States’ contribution to the World Anti-Doping Agency, the global regulator of drugs in sports. At $2.3 million, the United States’ annual contribution is the single largest of any nation. “Doping fraud in major international competitions also effectively defrauds the United States,” the bill states.

The lawmakers behind the bill were instrumental in the creation of the 2012 Magnitsky Act, which gave the government the right to freeze financial assets and impose visa restrictions on Russian nationals accused of serious human rights violations and corruption. On Tuesday, the lawmakers framed their interest in sports fraud around international relations and broader networks of crime that can accompany cheating.

“Doping fraud is a crime in which big money, state assets and transnational criminals gain advantage and honest athletes and companies are defrauded,” said Sheila Jackson Lee, Democrat of Texas, who introduced the legislation on Tuesday. “This practice, some of it state-sanctioned, has the ability to undermine international relations, and is often connected to more nefarious actions by state actors.”

Along with Ms. Jackson Lee, the bill was sponsored by two other congressional representatives, Michael C. Burgess, Republican of Texas, and Gwen Moore, Democrat of Wisconsin.

It was put forward just as Russia prepares to host soccer’s World Cup, which starts Thursday. That sporting event will be the nation’s biggest since the 2014 Sochi Olympics, where one of the most elaborate doping ploys in history took place.

The bill, the Rodchenkov Anti-Doping Act, takes its name from Dr. Grigory Rodchenkov, the chemist who ran Russia’s antidoping laboratory for 10 years before he spoke out about the state-sponsored cheating he had helped carry out — most notoriously in Sochi. At those Games, Dr. Rodchenkov said, he concealed widespread drug use among Russia’s top Olympians by tampering with more than 100 urine samples with the help of Russia’s Federal Security Service.

Investigations commissioned by international sports regulators confirmed his account and concluded that Russia had cheated across competitions and years, tainting the performance of more than 1,000 athletes. In early 2017, American intelligence officials concluded that Russia’s meddling in the 2016 American election had been, in part, a form of retribution for the Olympic doping scandal, whose disclosures Russian officials blamed on the United States.

Nations including Germany, France, Italy, Kenya and Spain have established criminal penalties for sports doping perpetrated within their borders. Russia, too, passed a law in 2017 that made it a crime to assist or coerce doping, though no known charges have been brought under that law to date.

Under the proposed American law, criminal penalties for offenders would include a prison term of up to five years as well as fines that could stretch to $250,000 for individuals and $1 million for organizations.

“We could have real change if people think they could actually go to jail for this,” said Jim Walden, a lawyer for Dr. Rodchenkov, who met with the lawmakers as they considered the issue in recent months. “I think it will have a meaningful impact on coaches and athletes if they realize they might not be able to travel outside of their country for fear of being arrested.”

The legislation also authorizes civil actions for doping fraud, giving athletes who may have been cheated in competitions — as well as corporations acting as sponsors — the right to sue in federal court to recover damages from people who may have defrauded competitions.

Ms. Jackson Lee cited the American runner Alysia Montaño, who placed fifth in the 800 meters at the 2012 Summer Olympics. Two Russian women who placed first and third in that race were later disqualified for doping, elevating Ms. Montaño years later. “She had rightfully finished third, which would have earned her a bronze medal,” Ms. Jackson Lee said, noting the financial benefits and sponsorships Ms. Montaño could have captured.

The bill would establish a window of seven years for criminal actions and 10 years for civil lawsuits. It also seeks to protect whistle-blowers from retaliation, making it illegal to take “adverse action” against a person because he or she has disclosed information about doping fraud.

Dr. Rodchenkov, who has lived in the United States since fall 2015, has been criminally charged in Russia after he publicly deconstructed the cheating he said he carried out on orders from a state minister.

“While he was complicit in Russia’s past bad acts, Dr. Rodchenkov regrets his past role in Russia’s state-run doping program and seeks to atone for it by aiding the effort to clean up international sports and to curb the corruption rampant in Russia,” Ms. Jackson Lee said, calling Tuesday’s bill “an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.”

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    Mr. CARDIN. Mr. President, I rise today--on International Anti-Corruption Day, as declared by the United Nations--to speak about the Democracy Summit that President Biden is convening today and tomorrow, to which government leaders from 110 countries have been invited. It will also include a range of leading civil society actors, business and labor leaders, civic educators and investigative journalists, philanthropists, and nonprofit leaders as speakers and participants. Undeterred by the Coronavirus pandemic, the Biden administration has organized a global virtual gathering with participants tuning in from six continents. It is an ambitious, even audacious, undertaking. And it comes at a critical time, as the world is now 15 years into a global democratic recession, according to the well-respected watchdog organization Freedom House. In its widely cited annual survey of freedom, it has reported that, in each of the past 15 years, more countries have seen their democracy scores decline than the number of countries whose scores have improved. And last year, during the height of the global pandemic, nearly 75 percent of the world's population lived in a country that saw its democracy score deteriorate last year. For a President who has pledged to put democratic values at the heart of American foreign policy, it is fitting and proper that he should convene the democratic leaders of the world and other relevant parties to plan the revitalization of global democracy. Of course, readers of the annual Freedom House assessment will know that there are not 110 well-functioning, effective democracies in the world and that way too many poorly performing nominal democracies have been invited to this gathering, thus diluting its character. While some conspicuously back-sliding countries, like Hungary and Turkey, have not been invited, there are numerous back-sliding pseudo-democracies, including the current governments of the Philippines and Pakistan, the Democratic Republic of the Congo and Zambia, Bolsinaro's Brazil among others, that unfortunately have been included. Then there is India, which dropped from Free to Partly Free status in Freedom in the World 2021, which contributes significantly to the fact that 75 percent of the world's people last year resided in countries moving away from democracy. Yet the government of Prime Minister Narendra Modi, after its sustained crack down on critics during the past 2 years and the atrocious scapegoating of Muslims, who were disproportionately blamed for the spread of the virus and faced attacks by vigilante mobs, has been invited to the Democracy Summit. Members of the Senate will also know that there has been precious little information sharing with this body about the contours of the summit. There has been no discussion with us about the invitation list or the way forward from this week's summit, which I see as a missed opportunity for the Biden administration. On the other hand, I was proud to be able to participate in a side event convened last Friday morning by the House Democracy Partnership for a discussion with legislators from other countries about the important role that parliaments can and do play in leading their governments to address the enduring and universal problem of corruption. I want to congratulate Representative David Price of North Carolina for his leadership of that important initiative and for convening a productive international exchange of views last week in the run up to the President's gathering. One of the main take-aways from that webinar was that it is always incumbent on the legislatures of the world to press forward with laws that instruct and enable executive branch officials to elevate their work to combat corruption. This is the main topic of my intervention today, to discuss one of the hopeful aspects of the President's Democracy Summit, which is the central role that the battle against corruption is playing in the proceedings and to underscore the leading role that we in the Congress must take to compel further action from our colleagues in the executive branch. History tells us that they will likely not do so on their own. In fact, the history of anti-corruption laws in the United States is replete with fervent opposition from the executive branch, whether during Democratic administrations or Republican, to virtually every measure proposed in the Congress. This was true of the Foreign Corrupt Practices Act of 1977, which barred U.S. companies and their officials from paying bribes in foreign countries. The executive and the business community declared that this would end the ability of American corporations to do business around the world, which turned out not to be true, of course. Indeed, it became in due course a foundational element in the United Nations Convention Against Corruption--UNCAC--and other elements of the international architecture of the battle against corruption. Yet the executive has continued to oppose every measure introduced in Congress to address kleptocrats and human rights abusers, including the original Sergei Magnitsky Rule of Law Accountability Act of 2012 and its successor, the Global Magnitsky Human Rights Accountability Act of 2016. This is especially ironic because, since the enactment of the 2016 law, both Republican and Democratic administrations have been utilizing the law frequently and to good effect. Indeed, today, Secretary of State Tony Blinken announced that--on the occasion of International anti-Corruption Day--the Department of State has designated 12 individuals from 7 countries for significant corruption and also named another 18 family members. In five of the designations, the Treasury Department has invoked Global Magnitsky sanctions for their roles in corruption. The Democracy Summit is being built around three principal themes: defending against authoritarianism, promoting respect for human rights, and fighting corruption. Corruption is the means and the method for kleptocratic rulers around the world to steal from their own people and to stash their wealth in safe havens, most often in the democratic Western world. This is directly and intimately connected to the undermining of the rule of law and the repression of human rights in these same countries--which is why I was so pleased to see that, on June 3 of this year, President Biden declared the fight against corruption to be “a core national security interest.” And he directed his National Security Advisor to develop a comprehensive strategy to address the problem. Accordingly, earlier this week, in the run-up to the Democracy Summit, the White House published the first “United States Strategy on Countering Corruption.” The strategy is a 38-page document that describes several major lines of effort in the new strategy. Among the document's commitments are pledges to crack down on dirty money in U.S. real estate, to require certain gatekeepers to the U.S. financial system such as attorneys, accountants, and investment advisers to perform greater due diligence on their prospective clients, and to make it a crime for foreign officials to solicit or accept bribes from U.S. companies. If this strategy is matched with appropriate resources, it has the power to fundamentally change the calculus for kleptocrats and redirect stolen funds back to the original problems they were meant to fund such as fighting the pandemic, countering the effects of climate change, funding economic development and opportunity. We in the Congress can do our part by passing pending legislation that would further strengthen the hand of the U.S. Government in this effort. While there are a number of valuable proposals pending, there are two that I suggest would be the most impactful and necessary. The first is the Combating Global Corruption Act, S. 14, which I introduced and was cosponsored by my Republican friend from Indiana, Mr. Young, which would create an annual global report, modeled in some ways on the Trafficking-in-Persons report, in which the State Department would assess how earnestly and effectively the governments of the world are living up to the commitments they have made in international treaties and covenants. The report would also place the countries of the world in 3 tiers, according to how well they are doing. And for those in the lowest performing tier, likely the governments that are actually kleptocracies, the bill asks that the executive branch assess government officials in those places for possible designation for Global Magnitsky sanctions. The second is the Global Magnitsky Human Rights Accountability Act, S. 93, which I introduced and was cosponsored by my Republican friend from Mississippi, Mr. Wicker, which would permanently reauthorize the existing Global Magnitsky framework and to widen the aperture of the law to encompass more bad actors and actions. Both these measures have been reported favorably and unanimously by the Senate Committee on Foreign Relations, and both are ready for final action by the Senate. As President Biden convenes the Democracy Summit today, with its major focus on the battle against corruption, it would be timely for the Senate to demonstrate our resolve as well. So I hope that my colleagues here in the Senate will agree in the coming days to adopt these two bills, so that we may take them to the House of Representatives, where they also enjoy bipartisan support, and get them onto the desk of President Biden during the coming year. Participating governments in the Democracy Summit, including the United States, are making commitments to strengthen their own democracies in the next 12 months, in advance of a second summit that is envisioned for next December. The American position will be enhanced if we have enacted these laws before then. Mr. President, I ask unanimous consent that selected excerpts of the “United States Strategy on Countering Corruption” be printed in the Congressional Record.

  • Uniting Against Corruption

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

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

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

  • Helsinki Commission Digital Digest November 2021

  • Dictators, Inc.

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

  • Remembering Sergei Magnitsky

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

  • Confronting Kremlin & Communist Corruption

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

  • Helsinki Commission Alarmed by Attempted Liquidation of Memorial

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

  • Authoritarian Abuse of INTERPOL

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

  • Helsinki Commission Recalls Legacy of Sergei Magnitsky

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

  • Helsinki Commission Briefing to Probe Ties Between Corporations and Dictators

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

  • REMEMBERING AND HONORING SERGEI MAGNITSKY

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

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