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article
Chernobyl
Tuesday, June 04, 2019By Rachel Bauman, Policy Advisor and Kyle Parker, Senior Senate Staff Representative Disaster In the early morning hours of April 26, 1986, during a safety test designed to simulate a power outage, a combination of operator error and inherent flaws in reactor design led to an explosion and fire at Chernobyl Nuclear Power Station’s Reactor 4. The graphite fire burned uncontained for nine days, releasing radioactive particles over most of Europe, contaminating Ukraine and neighboring Belarus most severely. It took nearly two full days for Soviet authorities to begin the evacuation of the approximately 50,000 residents of the nearby city of Pripyat, located just a mile away from the power station. A public admission of the accident only came on the evening of April 28 following diplomatic pressure on the Kremlin from the government of Sweden where, earlier that day, monitors at the Forsmark Nuclear Power Plant north of Stockholm had detected elevated radiation levels and suspected an accident in the Soviet Union. Given the secrecy of the Soviet system, the subjectivity of first-hand accounts, and the breakup of the Soviet Union, some of the why and how of what happened remain controversial. This amusement park in Pripyat was scheduled to open on May 1, 1986, a few days before the disaster. Less than six months after the disaster, construction began on nearby Slavutych, a city to replace Pripyat and house the displaced workers from the Chernobyl Nuclear Power Station and their families. Much work remained to be done to contain and assess the April disaster, not to mention run the remaining three reactors, the last of which ceased to operate only in December 2000. The formal decommissioning process of Reactors 1, 2, and 3 began in 2015 and will continue for decades. To this day, many residents of Slavutych board a special train for the power station’s workers transiting Belarus to enter the Exclusion Zone for work at the plant and nearby storage facilities for spent nuclear fuel. Consequences Thirty-three years after that safety test at Reactor 4 went fatally wrong, the nuclear disaster at the Chernobyl Nuclear Power Station remains the worst in world history, superseding the 1979 partial meltdown of a reactor at the Three Mile Island Nuclear Generating Station in Pennsylvania and eclipsing the meltdown of three reactors at Japan’s Fukushima Daiichi Nuclear Power Plant following damage sustained by a catastrophic tsunami in 2011. The accident at Three Mile Island remains the worst in the history of U.S. commercial atomic energy and ranked a 5 (accident with wider consequences) on the International Atomic Energy Agency’s scale of assessing nuclear and radiological events. Chernobyl and Fukushima are the only two disasters to ever be ranked as a 7 (major accident), the scale’s maximum. Due to the differences in the half-lives of the specific contaminants, a full remediation and resettlement around Fukushima holds far greater promise than around Chernobyl. If radioactive leakage can be fully contained at Fukushima, there is a chance that the area could be declared completely safe for permanent human habitation in less than 100 years. By comparison, the first zone of exclusion immediately surrounding Chernobyl’s Reactor 4 is likely to remain unsafe for permanent habitation for thousands of years. The total human, environmental, and financial cost of the disaster is fraught with obvious political sensitivities, but even in the scientific realm, significant disputes remain. The unprecedented magnitude of the Chernobyl nuclear disaster frustrates efforts to draw a definitive conclusion on the lingering effects of the explosion and fire of 1986. While there is wide agreement that somewhere between 30 and 50 people died in the immediate aftermath as a direct result of the accident, consensus breaks down over estimates of a longer-term assessment of deaths attributable to the radioactive fallout from the disaster. Shortly after the disaster, a zone of approximately 1,000 square miles around Reactor 4 was established, evacuated, and condemned for permanent human habitation. This area—known as the Exclusion or Alienation Zone—has begun the long process of being reclaimed by nature. The area is divided between Zone 1 and Zones 2 and 3. The first zone is the immediate vicinity around the Chernobyl Nuclear Power Station and comprises roughly 15 percent of the total Exclusion Zone. It is also contaminated with transuranium elements that decay over a period of thousands of years, placing this area off-limits indefinitely. Zones 2 and 3 comprise the remaining territory and were largely contaminated with elements that decay much faster. Some of this shorter-term contamination is already gone and the rest could be gone in the coming decades. The Exclusion Zone is as alive as it is hauntingly empty. Forests encroach on what were once fertile fields. Butterflies flutter above concrete cracked open by saplings. Wild horses roam by day and wolves by night, and entropy takes its toll on man-made construction. It almost seems that the flora and fauna suffered more from proximity to humans than they now do from lingering radiation in the contaminated soil—a phenomenon known as the ecological paradox. Containment In those first critical hours after the explosion, when firefighters heroically battled a radioactive blaze, efforts were made to erect temporary barriers around the damaged core of Reactor 4. Those emergency efforts continued once the fire was out, but the hasty construction allowed radiation to continue to escape the confines of the reactor and was structurally unsuitable for containing the deadly transuranium elements inside. In 2018, with the support of the international donor community, Ukraine completed construction on the New Safe Confinement facility designed to safely entomb Reactor 4 for as long as 100 years. Helsinki Commission policy advisor Rachel Bauman inside the structure containing Reactor 4. Support from the West, most notably the United States, is critical to safety. Currently, Western contractors are working with Ukrainian partners to complete the construction of a long-term storage facility for spent nuclear fuel from other reactors across the country. Construction is reportedly on, or slightly ahead of, schedule on this facility that is planned to eliminate Ukraine’s need to contract with Russia for its growing storage needs. Protecting the public from the widely dispersed radioactive particulate found within the Exclusion Zone is the main reason for the establishment of the zone itself as well as the multiple checkpoints encountered when leaving the zone. The most immediate danger to further contamination of habitable areas beyond the Exclusion Zone are wildfires; their smoke disperses contaminated debris into the atmosphere and in the direction of prevailing winds. Ukrainian firefighters have trained regularly with firefighters from the American West as they execute what is not only a domestic priority, but an international responsibility. Other regular challenges to the safe administration of the Exclusion Zone are trespassers pursuing adventure, souvenirs, or wild game. Risks include not only the obvious danger of radiation exposure, but also crumbling construction and poor communications should a rescue be needed. Trespassers also risk the safety of the broader public by inadvertently transporting radioactive materials outside the Exclusion Zone. A final, and enduring, challenge to securing the Exclusion Zone lies with waning public interest and thus political pressure to devoting scarce financial resources to protect this beautiful but contaminated landscape for the long term. The Future Government authorities plan to use Exclusion Zone 1 for dangerous industrial activities such as storing spent nuclear fuel or developing massive solar panel farms designed to replace some of the electricity that was once generated by the power station’s four reactors. The remainder of the Exclusion Zone will serve as a buffer between habitable areas and Zone 1 as well as a unique nature preserve and massive open-air laboratory to study any lingering effects of the disaster. Construction site of a future spent storage facility. As the passage of time has made parts of the Exclusion Zone safer, more and more visitors come to learn about those tragic events of the spring of 1986. Locals are beginning to tap a developing market for nuclear tourism, fueled by politicians, scientists, and thrill-seekers. When leaving the Exclusion Zone and passing through the last checkpoint, travelers are greeted by tour buses, flag-carrying guides, and a roadside kiosk selling cheap t-shirts. Increasing interest in Chernobyl tours, and particularly the photogenic abandoned town of Pripyat, ensure a steady stream of income. The city may no longer generate power, but it continues to generate interest.
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briefing
Curbing Corruption through Corporate Transparency and Collaboration
Wednesday, May 29, 2019The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing examined these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists discussed how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists also discussed the lessons that the United States can draw from the British experience. John Penrose, M.P., U.K. Prime Minister’s Anti-Corruption Champion, explained the reputational risks associated with money laundering in the U.S. and U.K. financial markets to the rules-based system. Penrose explained the British approach of establishing a beneficial ownership registry, saying, “What we are trying to do in the U.K. is we are trying to set up something which will effectively create a global norm to say let’s all have some kind of a register about who owns and controls these companies. We’re not asking for the moon. As I said, we don’t need to know everybody who owns a piece of every company. We just need to know who the controlling minds and the controlling interests are.” Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead at the British Embassy in Washington, covered the issues the U.K is facing with their beneficial ownership policy. Kitt explained, “One challenge we have is feedback to financial institutions on suspicious activity reports. Often, financial institutions will submit suspicious activity reports and they don’t hear any feedback as to actually what was the utility of that, how useful was that.” Even considering the difficulty the policy has experienced, Kitt maintained, “It’s not just a talking shop; it delivers. And… it’s assisted in identifying and restraining in excess of £9 million. So, the results are palpable.” Mark Hays, Anti-Money Laundering Campaign Leader at Global Witness and the sole American panelist, reflected on his company’s investigations into corruption: “Simply put, if the U.S. wants to continue to show this leadership we need to match the U.K.’s efforts in establishing some modicum of disclosure for beneficial ownership transparency for companies.” Hays continued, “If we don’t, not only will we be failing to live up to this leadership test, but we will put ourselves at greater risk for becoming a haven for bad actors and their ill-gotten gains.” Nate Sibley, Research Fellow for the Kleptocracy Initiative at the Hudson Institute, spoke to how the UK’s policies could transfer to the U.S. Sibley described a House Financial Services Committee bill, “introduced by Representative Carolyn Maloney called the Corporate Transparency Act,” that ensures companies disclose beneficial owners. He went on to explain that the bill “would create a private beneficial ownership register. So not a public one like they have in the U.K., but one that was accessible only to law enforcement, under very strict and controlled circumstances.” Sibley outlined the ways that the U.S. federal system changes the prospect of the registry logistics, but maintained that it would still work in the U.S.
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briefing
Shady Shipping
Friday, May 24, 2019Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event examined what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists also discussed the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists recommended practical steps the United States and non-governmental organizations can take to counter TBML. David Luna, President and CEO of Luna Global Networks, shared his insights on the dark side of globalization and how it fits into the TBML paradigm. Luna outlined the need to increase understanding of the networks between illicit commerce and money laundering across legal and illegal means through convergence crimes. He spoke to the methodologies of “cleaning dirty money” utilized by kleptocrats, criminal organizations, and terrorist groups, while expressing the importance of tracing money and the value of goods to expose illicit crimes. Luna cited a 2015 World Economic Forum report to support his points, which estimated the value of transnational criminal activities between 8-15 percent of Gross Domestic Product, even by conservative standards, totaling around 80 trillion in the US market. John Cassara, retired Special Agent of the U.S. Department of the Treasury, spoke about the confusion surrounding TBML, both in understanding and enforcement. He explained that TBML is the largest method of money laundering because of excess ways to commit it: customs fraud, tax evasion, export incentive fraud, evading capitol controls, barter trade, and underground financial systems. Cassara explained how money is transferred under the noses of customs enforcement by undervaluing or overvaluing an invoice of an otherwise legal trade. Cassara asked, “If our highly trained police force can’t catch this, what about the rest of the world?” Lakshmi Kumar, Policy Director at Global Financial Integrity, described the difficulty with tracking TBML, both domestically and internationally. She outlined how domestic policy and law complicates internal tracking, while the lack of consistent transnational collaboration and information sharing complicates international tracking. Kumar spoke to the components of the trade chain and how hard it is to watch all the mechanisms with due diligence. Explaining the role of banks, Kumar noted that 80 percent of all international trade occurs through open account trading, in which banks aren’t involved or able to offer oversight. This allows for trade profits to be separated into various accounts, tricking the customs and enforcement agencies to enforce a lower level of taxation on the profits and the freights and allowing for TBML. In summary, even with world class law enforcement, the U.S. legal and financial frameworks needs to catch up in order to adequately combat TBML.
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press release
Helsinki Commission to Hold Briefing on UK Anti-Corruption Policies
Wednesday, May 22, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: CURBING CORRUPTION THROUGH CORPORATE TRANSPARENCY AND COLLABORATION The British Model Wednesday, May 29, 2019 9:00 a.m. Rayburn House Office Building Room 2128 Live Webcast: www.facebook.com/HelsinkiCommission The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing will examine these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists will discuss how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists will also discuss the lessons that the United States can draw from the British experience. Opening remarks will be provided by John Penrose, M.P., the U.K. Prime Minister’s Anti-Corruption Champion. The following panelists also are scheduled to participate: Mark Hays, Anti-Money Laundering Campaign Leader, Global Witness Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead, British Embassy Washington Nate Sibley, Research Fellow, Kleptocracy Initiative, Hudson Institute
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press release
Helsinki Commission and House Financial Services Committee Announce Joint Briefing on Trade-Based Money Laundering
Friday, May 17, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, in partnership with the House Financial Services Committee, today announced the following joint briefing: SHADY SHIPPING Understanding Trade-Based Money Laundering Friday, May 24, 2019 9:30 a.m. Rayburn House Office Building Room 2360 Live Webcast: www.facebook.com/HelsinkiCommission Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through the use of trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event will examine what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists will also discuss the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists will recommend practical steps the United States and non-governmental organizations can take to counter TBML. The following panelists are scheduled to participate: John Cassara, Special Agent, U.S. Department of the Treasury, retired Lakshmi Kumar, Policy Director, Global Financial Integrity David Luna, President and CEO, Luna Global Networks
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press release
Chairman Hastings on Upcoming Meeting Between President Trump and Prime Minister Orban
Sunday, May 12, 2019WASHINGTON—Ahead of Monday’s meeting between U.S. President Donald Trump and Hungarian Prime Minister Viktor Orban, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “Thirty years after Central European nations threw off the mantle of communism and oppression, I recall the unwavering support of the United States for the democratic aspirations of their citizens, and the warm welcome Hungary received when it joined the ranks of self-governing, free nations. I echo Secretary’s Pompeo’s message, delivered in Central Europe in February: Upholding democracy in each and every country is vital to human freedom. “President Trump must urge Prime Minister Orban to end Hungary’s anti-Ukraine policy at NATO, resolve concerns about the relocation of the Russian International Investment Bank to Budapest, ensure that Hungary’s ‘golden visas’ are not used to evade U.S. sanctions, and address document security problems to ensure the integrity of the visa waiver program. In addition, the president must prioritize meaningful democratic change in Hungary and encourage the Hungarian Government to repeal the 2017 and 2018 laws curtailing freedom of speech, assembly, and association.” U.S. authorities have identified at least 85 criminals who fraudulently obtained Hungarian passports to enter or attempt to enter the United States. At an April 2019 Helsinki Commission briefing, Dalibor Rohac of the American Enterprise Institute noted that the chairman of the International Investment Bank has long-standing ties to Russian intelligence agencies, raising concerns that the relocation of the bank from Moscow to Budapest could provide a platform for intelligence-gathering operations against U.S. allies. In April, U.S. Special Representative to Ukraine Kurt Volker visited Budapest and urged Hungary to end its anti-Ukraine policy in NATO. In February, during a visit to Slovakia, Hungary, and Poland, U.S. Secretary of State Mike Pompeo said, “Every nation that raises its voice for liberty and democracy matters, whether that’s a country that’s as big as the United States and with as large an economy as we have in America, or a smaller country. They’re each valuable. Each time one falls, each time a country – no matter how small – each time it moves away from democracy and moves towards a different system of governance, the capacity for the world to continue to deliver freedom for human beings is diminished. And so I would urge every country, no matter its size . . . to stay focused, maintain its commitment.”
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article
Climate Disruption
Monday, April 15, 2019By Cade Stone, Max Kampelman Fellow The OSCE was founded on a commitment to cross-border cooperation in the face of indiscriminate regional threats, in pursuit of comprehensive security, and in mutual acknowledgement of the need for sovereignty and stability. Today, as the earth’s climate continues to change, global environmental issues are increasingly tangible security concerns. Climate change stands to magnify both the internal challenges faced by OSCE participating States and the external pressure of mass migration out of critically unstable regions—a redoubled “migrant crisis” in the mold of 2015. “Climate change is having far-reaching effects on agricultural productivity and food security,” warned UN Migration Director General William Lacy Swing on World Food Day 2017. “It is among the main reasons for the record numbers of people compelled to migrate from rural areas to towns and cities around the world.” The UN Food and Agriculture Organization (FAO) estimates that a large share of migrants come from rural areas where more than 75 percent of the world’s poor and food insecure depend on agriculture and natural resource-based livelihoods. As agricultural yields dwindle, water supplies shrink, and threatened regions become less habitable, poor populations will suffer most immediately and most critically. As atmospheric and oceanic temperatures rise, mounting evidence suggests that natural disasters will become increasingly catastrophic. Displacement rates in disaster-prone areas will increase, along with the costs of crippled infrastructure and lost productivity. In 2015, according to the FAO, there were already 244 million international migrants, 40 percent more than in 2000. Nineteen million people were internally displaced because of natural disasters. An average of 26 million were displaced annually by climate or weather-related disasters between 2008 and 2015. In a changing global climate showing no signs of reversal, these trends stand only to worsen. It is at this intersection of climate change and migration that the OSCE region may be most immediately threatened. During the 2015 migrant crisis, millions of displaced people fled to Europe from the same regions that now face the greatest risk of further instability; migration flows may surge once more as environmental pressures mount. Stable governments and populations rely on access to vital resources and are thus deeply imperiled by the threat of widespread drought, crop failure, flooding, and other disruptions that climate disruption portends. By this measure, any of the “staging” areas for migrants in North Africa, as well as their origin nations throughout Africa and the Middle East, are already politically fragile. The OSCE has gradually begun to mobilize around the pressing security reality of a changing climate. In the wake of the latest UN Climate Report, Nilza de Sena, chair of the OSCE Parliamentary Assembly’s Economic and Environmental Committee, warned that the effects of climate change are close and potentially disastrous and urged bold action to “accelerate decarbonization and intensify the discussion on the expansion of renewable and sustainable energy and maximizing energy efficiency.” The OSCE also has joined the Environment and Security (ENVSEC) Initiative, a sweeping multi-agency program established to examine the security risks posed by climate change, particularly in Eastern Europe, South Eastern Europe, the South Caucasus, and Central Asia. Crucially, the effort treats climate change as a threat multiplier inherent to future national and international security agendas. Its “Climate Change and Security” report analyzed credible domestic security concerns for OSCE member nations, including competition for scarce resources, increased social tension and conflict, loss of trade, and infrastructural damage. The analysis has yet to account for the compounding effects the external pressures of increased migration will inflict, as the same climate shocks ripple across more fragile regional neighbors. Climate disruption and subsequent migration imperils the whole of the OSCE and calls for a defense of its most foundational commitments, from sovereign equality to territorial integrity to interstate cooperation. Action must be taken to prepare for the security crisis on Europe’s doorstep, both in domestic planning and investment abroad. The UN Food and Agriculture Organization calls for massive investment in rural development to bolster opportunity, resiliency, and stability. It has developed Sustainable Development Goals to address the structural drivers of migration and shepherd responsible growth in migrant source countries. Increased investment in infrastructure, ensuring reliable access to resources, and redoubled diplomatic conflict resolution will help stem the instability and conflict that displaces vulnerable populations. Further, the Center for Climate and Security promotes a Responsibility to Prepare framework for European leaders to elevate the institutional awareness and responsiveness to climate insecurity, both in migration hotspots and on Europe’s doorway. ENVSEC’s Climate Change and Security report proposes a portfolio of actionable items to better brace OSCE project nations, many of which can and should be implemented broadly across Europe, including raising public urgency, encouraging cross-sectoral policy integration, and incorporating increased cross-border cooperation on climate projections and vulnerability assessments. Finally, the United States’ withdrawal from the Paris Climate accords need not preclude it from climate leadership within the OSCE. It remains uniquely poised to help foster the vital regional cooperation needed to meaningfully address these challenges. European security was shaken by the migration crisis of 2015. Political stability across the continent was undermined and fringe populist forces emboldened in its wake. Unless concerted, collective action is taken quickly, the coming waves of climate migration could make past surges look like ripples. The U.S. and OSCE have both a mandate and responsibility to lead.
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press release
Wicker and Cardin Introduce Legislation to Defend U.S. Citizens and Diplomatic Staff from Political Prosecution in Turkey
Tuesday, April 09, 2019WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019 (S. 1075) to address the ongoing wrongful detentions of U.S. citizens and diplomatic staff by the Government of Turkey. U.S. Senate Democratic Whip Dick Durbin (IL), who has actively supported efforts to secure the release of political prisoners around the world, is an original co-sponsor of the legislation, along with Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), and Sen. Chris Van Hollen (MD). “More than two and a half years have passed since Serkan Gölge, an American citizen, was detained in Turkey. Since then, we have witnessed the sham convictions of two Americans, including Pastor Andrew Brunson, and one local employee of the U.S. government on baseless terrorism charges. At least two other local staff of our consulate in Istanbul continue to face similar politically-motivated convictions without credible evidence of wrongdoing,” said Sen. Wicker. “Turkish authorities should immediately cease this harassment of our citizens and personnel. The bipartisan measure we are introducing today puts Turkey on notice that it can either quickly resolve these cases and free our citizens and local staff or face real consequences. Turkey is a valuable NATO ally—I expect it to start acting like one.” “The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” said Sen. Cardin. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases. Officials in the Erdogan regime responsible for these crimes must be held accountable under Global Magnitsky standards for their ongoing injustices. I am eager to begin restoring constructive cooperation between our countries, but we simply cannot do so while these innocent men languish in wrongful and prolonged detention.” “These arbitrary arrests are yet another example of Turkey’s deteriorating democracy and respect for human rights under autocrat President Erdogan,” said Sen. Durbin. “That Erdogan continues to jail a U.S. citizen and Turkish staff that work for our consulates, not to mention prop up Venezuela’s Nicolas Maduro, warrant greater action by the Trump Administration.” “Erdogan’s government continues to undermine the rule of law in Turkey, including by targeting American citizens and locally-employed U.S. diplomatic staff. I’m proud to join this bipartisan effort to hold senior Turkish officials who are knowingly responsible for the wrongful detention of or politically-motivated false charges against American citizens and U.S. local employees at our diplomatic posts accountable,” Sen. Rubio said. “The Turkish government must live up to its commitment and act like a NATO ally if they wish to continue to be treated like one.” “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Sen. Tillis, co-chair of the Senate Human Rights Caucus. “This bipartisan legislation will impose sanctions on those responsible for the wrongful imprisonments of American citizens and diplomatic staff, and I hope progress will be ultimately made through the release of Serkan Gölge and other U.S. citizens currently imprisoned in Turkey.” “Turkey’s blatant disregard for the rights of American citizens and diplomatic staff within their country is unacceptable. This legislation makes clear to Turkey that we will not accept the status quo. I urge the Senate to take up this bill immediately, so we can levy swift sanctions on senior Turkish officials and apply some serious pressure to get Turkey to release these wrongfully detained Americans and diplomatic staff,” said Sen. Van Hollen, co-chair of the Senate Foreign Service Caucus. The bill would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the wrongful detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. It further calls on President Trump to urge Turkey to restore due process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same politically-motivated prosecution and indefinite detention. U.S. citizen and NASA scientist Serkan Gölge is one of several American citizens, including Pastor Andrew Brunson, who were caught up in the sweeping government-led purge that followed the 2016 coup attempt in Turkey. Brunson was convicted on fabricated terrorism charges and released in October 2018 but Gölge remains in jail serving a five-year sentence because of a similar conviction. He has been in jail since July 2016. Since early 2017, Turkish authorities have targeted three veteran Turkish employees of U.S. consulates in Turkey on trumped-up national security charges that appear to stem in part from routine contacts they maintained as part of their professional responsibilities. All three men have worked as locally employed staff of the United States Government in Turkey for more than three decades. A Turkish court in January 2019 convicted Hamza Ulucay, who was imprisoned since February 2017, on terrorism charges without any credible evidence of wrongdoing. He was sentenced to four and a half years in jail, but released on time served. Two other local staff from the U.S. Consulate General in Istanbul, Metin Topuz and Mete Canturk, remain in custody or under house arrest on similar trumped-up charges. After 18 months in jail, Metin had his first court hearing last month. The court adjourned his trial until May 15. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. In the months prior to the hearing, Helsinki Commission leaders raised these cases in letters to President Erdogan and President Trump.
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in the news
The U.S. must stand up to Erdogan and his politically motivated detentions
Tuesday, April 09, 2019Last fall, Americans rejoiced as the pastor Andrew Brunson, a North Carolina native, returned home after spending more than two years in Turkish prisons on baseless terrorism and espionage charges. A combination of congressional pressure and targeted sanctions on Turkish officials sent a clear message to President Recep Tayyip Erdogan that the United States would not tolerate his using Brunson as a pawn to extract political concessions. Faced with mounting political and economic costs, Erdogan caved. Sadly, the pastor’s release did not put an end to Erdogan’s hostage-taking. Today, the Turkish government continues to hold at least one American citizen and two Turkish employees of the U.S. government on false charges. Erdogan plans to inflict misery on these innocent people until he gets what he wants out of the United States — whether that is a green light to attack Kurdish strongholds in northern Syria, taking legal action against Fethullah Gulen and his followers in the United States, or U.S. acquiescence to Turkey’s purchase of a Russian air defense system. Such attempts at extortion are all the more galling coming from Turkey, an important NATO ally that is not acting like one. American citizen and NASA physicist Serkan Golge is serving a five-year prison sentence for alleged involvement in terrorism, despite no credible evidence of wrongdoing. Turkish police have also used false terrorism charges to detain three longtime Turkish employees of U.S. consulates in the country: Hamza Ulucay, Metin Topuz, and Mete Canturk. Golge and Topuz are in solitary confinement, where they have spent up to two-and-a-half years with only an hour of fresh air per week. Ulucay was released earlier this year after being held for nearly two years. Canturk remains under house arrest, and his family is subject to travel bans and regular police check-ins. These men are all innocent. Not only have they lost irreplaceable time with their families, but the physical and psychological toll of their ordeal also means they may never be the same once they regain their liberty. The United States did not tolerate the politically motivated detention and mistreatment of a U.S. citizen in the case of Pastor Brunson. We should not tolerate those acts now with Golge or longtime U.S. government employees. As the United States increased pressure on Turkey over Brunson, it simultaneously tried to cut a deal with Erdogan for the freedom of the other detainees. By now, it is abundantly clear that no amount of coaxing will secure their freedom. Any negotiation over their fate would only reward Erdogan’s bad behavior. As with Brunson, only stiff political and economic pressure will work. This week, I introduced the bipartisan Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019, which would require the president to impose sanctions on all senior Turkish officials responsible for these wrongful detentions, including barring them from travel to the United States and freezing any assets they have here. The bill further calls on President Trump to urge Turkey to restore due-process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same sort of politically motivated prosecution and indefinite detention endured by our citizens and consulate personnel. The United States has a particular moral obligation to protect our own citizens. Golge’s wrongful imprisonment at the hands of the Turkish government cannot stand. We also have moral obligations to our local staff overseas. Thousands of citizens of other countries work at U.S. government facilities around the globe, lending their diverse expertise to critical U.S. missions, often at great risk to themselves and their families. The credibility of the United States is at stake in the eyes of these courageous individuals who place their trust and safety in our hands. The fate of their colleagues in Turkey weighs heavily on the minds of our consular staff, as it does on our national conscience. No effort should be spared until they are free.
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in the news
U.S. senators introduce bill to sanction Turkish officials over detentions
Tuesday, April 09, 2019Two U.S. senators on Tuesday introduced a bipartisan bill requiring the imposition of sanctions on Turkish officials responsible for the detentions of U.S. citizens and local consulate staff in Turkey, a statement on the legislation said. The bill, introduced by Republican Senator Roger Wicker and Democrat Ben Cardin, also calls on President Donald Trump to urge Turkey to respect for the fundamental freedoms, saying thousands were victims of politically-motivated prosecution. “The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” Senator Cardin said in the statement. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases.” The detention of U.S. consulate workers and American citizens is one of many issues dividing NATO allies Ankara and Washington, also at loggerheads over Syria policy and Turkey’s planned purchase of Russian missile defenses. Their detentions prompted Washington in October 2017 to suspend all non-immigrant visa applications from the country, triggering a reciprocal move from Ankara that contributed to a deep crisis in bilateral ties. The bill introduced Tuesday would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the “wrongful” detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. Turkey has detained tens of thousands of people following a failed coup in July 2016, saying they were linked with the network of Fethullah Gulen, a U.S.-based Islamic cleric blamed by Ankara for orchestrating the putsch. U.S. pastor Andrew Brunson was among those jailed in the aftermath of the coup. He was released last October. “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Republican Senator Thom Tillis, one of six original sponsors of Tuesday’s bill. Serkan Golge, a dual Turkish-U.S. citizen, was found guilty of being a member of an armed terrorist organization earlier this year and sentenced to seven years, six months in prison. Three other Turkish citizens who were working at the U.S. consulates in Turkey have been under investigation or jailed over similar charges. A Turkish court last month ruled that one of the consular workers, Metin Topuz, a translator and fixer in Istanbul, should remain in jail until his trial resumes in June.
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briefing
Developments in Hungary
Tuesday, April 09, 2019At this Helsinki Commission briefing, Susan Corke, Senior Fellow and Director of the Transatlantic Democracy Working Group at the German Marshall Fund; Melissa Hooper, Director of Human Rights and Civil Society at Human Rights First; and Dalibor Rohac, Research Fellow at the American Enterprise Institute explored recent developments in Hungary, including issues related to the rule of law and corruption. “Every nation that raises its voice for liberty and democracy matters, whether that’s a country that’s as big as the United States and with as large an economy as we have in America, or a smaller country. They’re each valuable. Each time one falls, each time a country – no matter how small – each time it moves away from democracy and moves towards a different system of governance, the capacity for the world to continue to deliver freedom for human beings is diminished. And so I would urge every country, no matter its size . . . to stay focused, maintain its commitment.” – Secretary of State Michael R. Pompeo, February 12, 2019 Mr. Rohac discussed Hungary’s measurable decline on various indicators of good governance and the rule of law; patterns of politically organized corruption; and the implications of developments in Hungary for the United States. He observed that Hungary has experienced a steady erosion of freedom, the rule of law, and quality of governance according to virtually any indicator, including the assessments of the World Bank, the Heritage Foundation, and the Cato Institute. He noted that the Heritage Foundation’s index of economic freedom places the protection of property rights in Hungary in the mostly unfree territory. This stems in part from the seizure of pension fund assets as well as the concentration of ownership in the hands of Fidesz-connected oligarchs. The same index notes a marked decline in government integrity measures, placing Hungary into the oppressed territory on those sub- indices, with a score dramatically worse than in 2009. While Mr. Rohac observed that corruption is a problem across central Europe and across post-communist countries, Hungary’s case is notable for the extent to which corruption has been embedded into the political system, centralized, connected to the ruling party, and has served as a mechanism of political patronage and political mobilization. “[T]here is something special about the nexus of legal patronage and graft and authoritarianism. The two cannot be separated.” Panelists also described something of a paradox. On the one hand, the Orban government has exploited EU funds to build its corrupt oligarchy. Tax and procurement-related irregularities have been cited by the EU anti-corruption agency OLAF as the source of millions in suspect deals involving Orban’s family and friends, many of which also involve Russian state actors. On the other hand, the EU – precisely because it is not a federal government but depends on the consent of the EU member states – has limited ability to rein in this corruption and hybrid forms of governance. Mr. Rohac asserted that this embrace of crony authoritarianism by Hungary is a direct threat to U.S. interests in the region as well as to the West’s interests more broadly. He rejected the notion that competing for positive influence in the region means we should not hold our allies to high standards. He suggested that such a view is enormously detrimental because it’s precisely the authoritarianism, the graft, and the cronyism that opens the way for foreign revisionist powers to enter Hungary and influence the country, pulling it away from the West. “The U.S. stood by Central European nations as they liberated themselves from communism in the 1990s, in the 90s when they joined the ranks of self-governing free nations of the West,” he observed. “The idea that the U.S. should now either be silent or cheerleader for policies that are now driving Hungary away from the West strikes me as a particularly misguided one.” Ms. Corke described the concerns about trends in Hungary and other countries in the Euro-Atlantic region which led to the formation of a bipartisan group, the Transatlantic Democracy Group, focused on democratic erosion and the need for U.S. leadership. She joined with 70 signers for NATO’s 70th anniversary on a declaration to reaffirm commitment to democracy. Ms. Corke is sometimes asked, “why is your group so concerned about Hungary? It’s a small country. Why are you so concerned about Central European University?” She observed that Central European University is a joint American-Hungarian institution and Victor Orban’s campaign against it is a highly symbolic move against a vital institution founded to promote the transatlantic values of democracy, openness, and equality of opportunity and was therefore a direct challenge to the United States. She concluded that Moscow is using Hungary and other NATO members as backdoors of influence, and that Hungary’s centralized, top-down state has enabled an increasingly centralized, top-down system of corruption. Ms. Corke also suggested that a lesson learned from recent developments in the region is that transparency is a necessary, but alone insufficient, condition to fight corruption. She asserted that the concept of a linear progression of democracy is outdated and new approaches to supporting civil society are needed. In addition, Ms. Hooper stated that while the Obama-era policy of limited high-level engagement precluded some of the Hungarian government’s controversial actions, it did not appear to motivate fundamental change. The Trump-era policy of transactional engagement devoid of values has fared no better, she said, and the U.S. should therefore re-examine its policy toward Hungary. First, the United States should reinvest in democracy promotion. Second, the United States should announce publicly that it is reintroducing support for civil society in the region, and specifically in Hungary, due to a decline in the government’s ability to or interest in protecting democratic institutions. Third, Congress should be more vocal and pointed in expressing its concern and even alarm in Hungary’s antidemocratic movement and should support for individuals such as journalists or other members of watchdog organizations that are targeted by government campaigns or blacklists. Finally, the United States should not shy away from applying targeted sanctions, such as the Global Magnitsky law, when clear lines are crossed. When visa bans were used against some officials in 2014, they had an impact in Hungary. Background materials available for the briefing included panelist biographies; Department of State materials including statements by Secretary Michael Pompeo and U.S. Ambassador to Hungary David Cornstein; recent Helsinki commission statements and publications; and the United States Holocaust Memorial Museum FAQs on the Holocaust in Hungary.
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press release
Helsinki Commission Briefing to Explore Recent Developments in Hungary
Tuesday, April 02, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEVELOPMENTS IN HUNGARY Tuesday, April 9, 2019 10:00 a.m. Longworth House Office Building Room 1539 Live Webcast: www.facebook.com/HelsinkiCommission At this Helsinki Commission briefing, panelists will explore recent developments in Hungary, including issues related to the rule of law and corruption. The following panelists are scheduled to participate: Susan Corke, Senior Fellow and Director, Transatlantic Democracy Working Group, German Marshall Fund Melissa Hooper, Director of Human Rights and Civil Society, Human Rights First Dalibor Rohac, Research Fellow, American Enterprise Institute
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press release
Jackson Lee and Hudson Introduce Legislation to Fight Illicit Tobacco Trade
Friday, March 08, 2019WASHINGTON—Representatives Sheila Jackson Lee (TX-18) and Richard Hudson (NC-08) today introduced the Combating the Illicit Trade in Tobacco Products Act (CITTPA) in the House of Representatives. Both Rep. Jackson Lee and Rep. Hudson serve on ad hoc committees of the OSCE Parliamentary Assembly, which facilitates interparliamentary dialogue to advance human rights, military security, and economic cooperation in Europe, Central Asia, and North America. “The illicit trade in tobacco underpins some of the gravest transnational threats to the United States and our allies. Illicit tobacco trafficking is not a victimless offense; it facilitates other, more heinous crimes including money laundering and trafficking in weapons, drugs, antiquities, diamonds, counterfeit goods, and—worst of all—human beings,” said Rep. Jackson Lee. “Cigarette smuggling is not just an economic issue, it’s a public safety issue. Illegal cigarettes help finance organized crime and terrorism. Smuggled cigarettes are also more likely to end up in the hands of children and teens. The Combatting the Illicit Trade in Tobacco Products Act will give the United States better tools and more information to combat this dangerous activity,” said Rep. Hudson. The Combatting the Illicit Trade in Tobacco Products Act (CITTPA) would improve the U.S. Government’s ability to identify and deter those engaging in the trade of illicit tobacco. The bill would: Provide better information on countries involved with the illicit tobacco trade. The legislation requires the U.S. Secretary of State to report annually on which countries are determined to be a major source of illicit tobacco products or their components, and identify which foreign governments are actively engaged and knowingly profiting from this illicit trade. Enable the United States to deter countries involved in the illicit trade in tobacco, and better assist its allies. The bill grants the U.S. Secretary of State the ability to withhold U.S. foreign assistance from those countries knowingly profiting from the illicit trade in tobacco or its activities. In countries where the government is working to stop these trafficking efforts, the Secretary of State would be able to provide assistance for law enforcement training and investigative capacity. Help the United States target individuals assisting in the illicit tobacco trade. It authorizes the President of the United States to impose economic sanctions and travel restrictions on any foreign individual found to be engaged in the illicit tobacco trade, and requires the president to submit a list of those individuals to Congress. The Helsinki Commission organizes U.S. delegations to OSCE PA annual sessions and other meetings, as well as official delegations to participating States and other OSCE meetings to address democratic, economic, security, and human rights developments. The commission also convenes public hearings and briefings with expert witnesses on OSCE-related issues. In July 2017, the Helsinki Commission held a hearing on illicit trade in tobacco products, which included testimony from the academic community, the public health advocacy community, and industry.
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press release
Chairman Hastings Marks One-Year Anniversary of Jan Kuciak’s Murder
Thursday, February 21, 2019WASHINGTON—On the one-year anniversary of the murder of Slovak investigative journalist Jan Kuciak and his fiancée, Martina Kusnirova, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I support and applaud the people of Slovakia who have courageously demonstrated their unwavering support for democracy in the aftermath of this terrible double murder. They have been a stirring example to those citizens across the OSCE region who are fighting to protect a free and independent press. “Whenever journalists are murdered or attacked, there must be a credible investigation and meaningful accountability. The ability of journalists to report the news is nothing less than the right of every person to know the facts and make informed decisions about the issues affecting their lives.” On February 21, 2018, 27-year-old Jan Kuciak and his fiancée, Martina Kusnirova, were shot to death in Kuciak’s apartment. The murder shocked the country and sparked the largest public protests since the 1989 Velvet Revolution. The wave of demonstrations eventually led the Prime Minister, Minister of Interior, and other senior officials to resign. Four people have been arrested in direct connection with the case and the investigation is ongoing. In 2017 and 2018, several other journalists investigating public corruption in Europe and Eurasia were murdered for their work. In a May 2018 briefing, the Helsinki Commission examined the assassinations of investigative journalists throughout Europe and Eurasia—including Kuciak and Daphne Caruana Galizia of Malta—why they are targeted, and how future murders can be prevented. At the most recent OSCE Ministerial Council meeting, in December 2018, the participating States expressed particular concern about the climate of impunity that prevails when violent attacks committed against journalists remain unpunished.
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briefing
Asset Recovery in Eurasia
Wednesday, February 13, 2019Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. This briefing explored approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists discussed best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compared the respective approaches of the three countries. Brian Earl, who worked the Pavlo Lazarenko case for years as a detective in the FBI, spoke of uncovering massive amounts of unexplained assets that were initially generated by fraudulent schemes in Ukraine but were scattered abroad. Earl underscored the importance of a multiparty investigation between authorities from the United States, Ukraine, and Switzerland in unearthing evidence of fraud against Lazarenko. Joint investigative liberty and resources were crucial to asset recovery efforts in the 1990s—resources he said were drastically reduced once attention was turned away from investigating capital flight from former Soviet states to antiterrorism efforts after the September 11 attacks. Professor Kristian Lasslet of Ulster University asked the question of what to do with restituted assets when the government to which the asset belongs may be part of the corruption scheme. Lasslet cited the example of Kazakhstan Two, in which seized assets flowed back into questionable hands by bungled efforts from the World Bank and the Swiss government. He contrasted the case with Kazakhstan One, in which asset recovery was handled well at arm’s length of parties that may be interested in funneling assets back into the cycle of fraud. Sona Ayvazyan of Transparency International Armenia offered optimism in the Armenian government’s renewed approach toward transparency and anticorruption efforts but warned of the serious lack of capacity on asset recovery infrastructure. Though the leadership may be serious about removing corruption, she spoke of a discredited judiciary that poses serious problems for Armenia’s future anticorruption policies. According to Karen Greenaway from the FBI (ret.), civil society and non-governmental societies must reassert their role in the conversation on asset recovery. She highlighted the severe lack in bureaucratic infrastructure for asset recovery in many nations afflicted with corruption—particularly Ukraine. The paradox, she asserted, was between the structure of corruption, which is designed to dissipate large quantities of money very rapidly, and the system to repatriate those assets, which is painfully slow and often lacking in resources.
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press release
Helsinki Commission Briefing to Focus on Asset Recovery In Eurasia
Wednesday, February 06, 2019WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ASSET RECOVERY IN EURASIA Repatriation or Repay the Patron? Wednesday, February 13, 2019 10:00 a.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. Is it possible to ensure that recovered assets actually serve the people from whom they have been stolen? This briefing will explore approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists will discuss best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compare the respective approaches of the three countries. The following panelists are scheduled to participate: Sona Ayvazyan, Executive Director, Transparency International Armenia Bryan Earl, Retired Supervisory Special Agent/Assistant General Counsel, Federal Bureau of Investigation Karen Greenaway, Retired Supervisory Special Agent, Federal Bureau of Investigation Kristian Lasslett, Professor of Criminology and Head of School, Ulster University
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press release
Whitehouse, Wicker, Jackson Lee, Burgess Introduce Rodchenkov Act
Tuesday, January 29, 2019WASHINGTON—One week after the World Anti-Doping Agency (WADA) failed to suspend the Russian Anti-Doping Agency (RUSADA) for missing a crucial December 31, 2018, deadline, Senators Sheldon Whitehouse (RI) and Roger Wicker (MS) and Representatives Sheila Jackson Lee (TX-18) and Michael Burgess (TX-26) today introduced in the Senate and the House the Rodchenkov Anti-Doping Act. The legislation, originally introduced in the 115th Congress, would criminalize international doping fraud conspiracies. “We know from experience that we must meet the bad behavior of Russia’s corrupt government with strength. Anything less they take as encouragement,” said Senator Whitehouse. “That’s why the responses of WADA and the International Olympic Committee to the Russian doping scandal fall woefully short. Now is the time to create stiff penalties for Russia’s cheating and send a signal that Russia and other sponsors of state-directed fraud can’t use corruption as a tool of foreign policy.” “Without Dr. Rodchenkov’s courage, we would still be in the dark about the extent of Russia’s doping fraud. He is now in hiding, fearing that Russian thugs may one day come for him as they did Sergei Skripal in London. Whistleblowers should not be forced to live this way. Dr. Rodchenkov and those other brave individuals who reveal the crimes of authoritarian regimes deserve better,” said Senator Wicker. “Russia’s full-throated defiance of international norms and standards undermines the rule of law and demands the strongest of responses. The Putin regime uses strategic corruption to destabilize peaceful civil society, democratic institutions, and the alliances that have been the foundation of transatlantic peace and prosperity for the past 70-plus years. This long overdue bill would define doping for what it is: fraud. Never again should Russia or any other authoritarian state believe that there will be no legal consequences for committing doping fraud conspiracies,” said Representative Jackson Lee. “WADA’s most recent decision to give Russia a free pass clearly conveys that leaders of international sport governance refuse to uphold the integrity of sport. The current framework has proven ineffective and fundamentally unfit to defend clean athletes and prevent doping fraud. Russia’s state-sponsored doping scandal not only caused damages to clean international athletes, but also resulted in harm to its own athletes. It is time to restore a level playing field by ensuring that the rights of U.S. and all clean athletes are respected. RADA will keep fraud away from competitions that touch the U.S. market and interests, and protect our athletes,” said Representative Burgess. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. Senators Ben Cardin (MD) and Marco Rubio (FL) are original cosponsors of the bill in the Senate. Original cosponsors in the House include Representatives Steve Cohen (TN-09), Richard Hudson (NC-08), Diana DeGette (CO-01), Peter King (NY-03), Alcee Hastings (FL-20), Billy Long (MO-07), Hank Johnson (GA-04), Chris Smith (NJ-04), Gwen Moore (WI-04), Bobby Rush (IL-01), and Paul Tonko (NY-20). In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Senators Cardin and Cory Gardner (R-CO) and Representative Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.
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press release
Senators Whitehouse and Hatch Introduce Rodchenkov Anti-Doping Act
Wednesday, December 19, 2018WASHINGTON—Helsinki Commissioner Sen. Sheldon Whitehouse (RI) and Sen. Orrin Hatch (UT) today introduced the Rodchenkov Anti-Doping Act. Named for Russian whistleblower Dr. Grigory Rodchenkov, the bipartisan legislation establishes criminal penalties on individuals involved in doping fraud conspiracies affecting major international competitions. Earlier this year, Helsinki Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) introduced the Rodchenkov Anti-Doping Act in the House of Representatives. “To remain a ‘city on a hill,’ America must hold the crooked and corrupt accountable whenever we can. That means forcefully confronting Russia’s use of corruption as a tool of foreign policy,” said Sen. Whitehouse. “In the face of certain retaliation, Dr. Rodchenkov revealed sweeping Russian state-sponsored doping. This bill would create consequences for Russia’s cheating, and send a strong signal that Russia and other sponsors of state-directed fraud and corruption no longer enjoy impunity.” “For too long, internationally agreed upon anti-doping rules have been broken with impunity. Athletes have been defrauded by coordinated, and in some cases state-sponsored, doping fraud schemes that call into question the integrity and fairness central to all competitions,” said Senator Hatch. “This bill is a long overdue step to deter and punish individuals and state actors who would attempt to defraud international competitions through doping.” In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. With the recent decision of the World Anti-Doping Agency to reinstate the Russian Anti-Doping Agency, the matter now appears closed at the international level with no meaningful consequences for the Russian regime or the officials who perpetrated the scheme. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. “I am humbled and honored to see the introduction of the Rodchenkov Anti-Doping Act in the Senate today,” said Dr. Rodchenkov. “I would like to express my deepest gratitude to Sen. Whitehouse, Sen. Hatch, and the Helsinki Commission for their courage and leadership in the protection of whistleblowers who come forward to speak the truth. I believe that this legislation holds the promise to finally protect athletes and international competitions from and corruption and interference that we see continues today. This broad support from Congress is vital to our fight for justice and fairness in the international arena of sport.” In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. In March, Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.
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briefing
All Bets Are Off
Tuesday, December 04, 2018Corruption—including bribery, doping fraud, and match-fixing—permeates international sport. Despite a 2015 FBI investigation into the Fédération Internationale de Football Association (FIFA) that indicted more than twenty-five top FIFA officials and associates for alleged decades-long racketeering, wire fraud, and money laundering, international sport governance bodies remain compromised and U.S. athletes remain vulnerable. Corruption in sport has become an even more pressing concern following the U.S. Supreme Court’s May 14 decision declaring the Amateur Sports Protection Act unconstitutional, unleashing a sports gambling industry in the United States potentially valued at $400 billion. This lucrative and unregulated market may now be susceptible to the same globalized corruption that has come to define international sport. Panelists provided their insights into the structure of international sport, the globalization of sports gambling, and how to protect American sport from the corruption that has swept over the rest of the world.
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press release
Corruption in Sport Focus of Upcoming Helsinki Commission Briefing
Thursday, November 29, 2018WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ALL BETS ARE OFF Gambling, Match-Fixing, and Corruption in Sport Tuesday, December 4, 2018 11:30 a.m. Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission Corruption—including bribery, doping fraud, and match-fixing—permeates international sport. Despite a 2015 FBI investigation into the Fédération Internationale de Football Association (FIFA) that indicted more than twenty-five top FIFA officials and associates for alleged decades-long racketeering, wire fraud, and money laundering, international sport governance bodies remain compromised and U.S. athletes remain vulnerable. Corruption in sport has become an even more pressing concern following the U.S. Supreme Court’s May 14 decision declaring the Amateur Sports Protection Act unconstitutional, unleashing a sports gambling industry in the United States potentially valued at $400 billion. This lucrative and unregulated market may now be susceptible to the same globalized corruption that has come to define international sport. Panelists will provide their insights into the structure of international sport, the globalization of sports gambling, and how to protect American sport from the corruption that has swept over the rest of the world. The following panelists are scheduled to participate: Declan Hill, Professor of Investigations, University of New Haven David Larkin, U.S. lawyer; co-founder of ChangeFIFA Marko Stanovic, Balkan-based former match-fixer Alexandra Wrage, President and CEO, TRACE International; former member of FIFA’s failed Independent Governance Committee
US Sens. Benjamin L. Cardin (D-Md.) and Richard G. Lugar (R-Ind.) expressed their strong support for Iraq’s commitment to make its oil and gas industry more transparent following Iraq’s Jan. 11 announcement that it plans to become an Extractive Industries Transparency Initiative candidate country.
EITI is an international coalition of governments, companies, and others that promotes good governance through publication of oil, gas, and mining revenues, the two Senate Foreign Relations Committee members noted on Jan. 12.
“Corruption remains a significant problem in Iraq,” said Lugar, the committee’s ranking minority member. “As oil and gas is the single largest source of revenue [there], it is important that the revenue generated benefit the people of Iraq and not just a handful of businessmen and officials. By committing to implement EITI, Iraq is creating a foundation for good governance in a sector critical to Iraq’s future stability.”
Cardin said, “This is a significant step toward a greater future for Iraq.” The senator also has promoted EITI as chairman of the Commission on Security and Cooperation in Europe, more commonly known as the US-Helsinki Commission.
“The EITI process has proven to strengthen civil society and increase revenue transparency. By joining this coalition, Iraq’s leaders are committing to transparency that will empower citizens to hold their government accountable,” Cardin maintained.
Iraqi Prime Minister Noori al Malaki announced Jan. 11 that Iraq plans to become an EITI candidate country in February and would implement the initiative in May. With 11% of the world’s total reserves, Iraq would become the largest oil-producing nation to implement the standards, EITI officials said.
At a conference launching Iraq’s effort in Baghdad, Jonas Moberg, who heads EITI’s secretariat, said the country’s implementation of EITI would be important in driving Iraq’s recovery and ensuring that its oil and gas wealth was managed for its citizens’ benefit.
Lugar and Cardin, along with eight other cosponsors, recently introduced S 1700, the Energy Security Through Transparency Act, which aims to increase transparency through public disclosure of oil, gas, and mining payments, and encourage US participation in EITI.