Title

Hastings: Petty Parochialism Denies OSCE Vital Leadership During Global Crisis

Tuesday, July 14, 2020

WASHINGTON—Following yesterday’s failure of OSCE representatives to renew the mandates of four leadership positions—the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the Office for Democratic Institutions and Human Rights—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement:

“We are in trouble when petty parochialism denies us vital leadership in the midst of a global crisis. Now more than ever, reliable multilateral institutions are needed to forge solutions during and after the current pandemic. 

“Azerbaijan, Tajikistan, Turkey, and other OSCE participating States who have blocked consensus on extending dedicated public servants should be ashamed of themselves. History will show the folly of abandoning essential leadership for cooperation.”

Negotiations to renew each mandate collapsed in part in response to the written objections of Azerbaijan, Tajikistan, and Turkey, and the subsequent withholding of consensus by other participating States. Even efforts to devise interim extensions failed, leaving vital OSCE leadership positions vacant during an unprecedented global crisis.

The failure highlights the unwillingness of some OSCE participating States to live up to their stated commitments to democratic institutions, the rule of law, media pluralism, and free and fair elections. Leaving key leadership roles unfilled drastically weakens the OSCE’s ability to hold countries accountable for their actions and undermines the principles of the Helsinki Final Act. 

The Organization for Security and Cooperation in Europe (OSCE) is the world’s largest regional security organization. It spans 57 participating States reaching from Vancouver to Vladivostok. The OSCE sets standards in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, the OSCE undertakes a variety of initiatives designed to prevent, manage, and resolve conflict within and among the participating States.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • Hastings and Cardin Condemn Mob Attack on Budapest Community Center

    WASHINGTON—Following Wednesday’s mob attack on Aurora, a small Jewish community center that provides office space to civil society groups in Budapest, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Sen. Ben Cardin (MD) issued the following statements: “Wednesday’s mob attack on Aurora is an alarming escalation of violence toward minorities and civil society groups in Hungary. This second attack by paramilitary-style extremists in less than a month sends a frightening message: Authorities cannot, or will not, protect you,” said Chairman Hastings. “A decade ago, far-right extremists in Hungary orchestrated dozens of violent attacks, murdering six Hungarians including five-year-old Robert Csorba. The Government of Hungary must not allow such a tragedy to occur again.” “The Hungarian Government may boast of a ‘zero-tolerance for anti-Semitism’ policy abroad, but in reality, in Budapest they traffic in anti-Semitic tropes, honor fascist-era leaders and ideologues, and stoke hatred of migrants and Muslims,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance. “Actions speak louder than words. I hope that available photographs of the mob will aid law enforcement in the investigation and prosecution of the perpetrators, and I commend the district’s newly elected mayor for visiting Aurora and seeking to ensure its safety.” Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to small civil society groups including the Roma Press Center, migrant aid, and Pride Parade organizers. In Wednesday’s attack, the mob burned a rainbow flag and branded a para-military logo onto the premises. On September 26, the center also was attacked and vandalized by extremists. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. Over the past two years, Hungarian authorities have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech. Hungary also adopted amendments to its "law on aiding illegal migration" that make handing out know-your-rights leaflets punishable by up to one year in prison. In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” The bill was proposed by the far-right wing party Jobbik. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs. Between 2008 and 2010, at least six people were murdered, many others were injured, and whole communities were terrorized in a series of attacks by right-wing extremists.  Maria Balog was shot in her own home in a middle-of-the-night raid that also wounded her 13-year-old daughter. Jeno Koka was shot as he got in his car to go to work. Five-year-old Robert Csorba and his father were killed by sniper fire while attempting to escape an arson attack on their home.

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  • Remembering Rep. Elijah E. Cummings and His Global Legacy in the Security Sector

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Cummings’ goal was to increase the number of people of color and women in flag officer rank by focusing on military recruitment, retention, and promotion.  The 2011 MLDC final report, “From Representation to Inclusion: Diversity Leadership for the 21st-Century Military,” proposed 20 recommendations to develop policy goals and metrics to manage and sustain diversity at the U.S. Department of Defense.  Following the release of the report, Rep. Cummings, Sen. Cardin, and other Members of Congress held a 2012 Congressional Military Diversity Forum with MLDC Chairman General Lester Lyles, where the general raised the urgency of implementing the report’s recommendations to maintain force levels in concert with increasing diversity in the United States. Helsinki Commission efforts—including legislation by Helsinki Commission Chairman Rep. Alcee Hastings and Sen. Cardin on the incorporation of women in combat divisions and on increasing diversity in the intelligence and national security workforces—have complemented and built upon Rep. Cummings’ work. Rep. Cumming’s efforts also were integral to the 2013 launch of the Mission Critical: Inclusive Leadership for the Security Sector program, led by the German Marshall Fund and supported by Helsinki Commission leadership.  Findings from the MLDC underpin the initiative, which brought together militaries, Members of Congress, staff of the Department of Defense, other government officials and experts from Europe and the United States to review and take stock of diversity and inclusion best practices in the security sector. “There must be an assigned and qualified individual on the command level to oversee military issues including discrimination, racial profiling, and hazing. 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Then-German Federal Minister of Defense Ursula von der Leyen stressed the value of religious diversity in the armed forces, sharing how she was working to get the Bundeswehr’s military chaplaincy to include Jewish rabbis and Muslim imams instead of only the traditional Protestant and Roman Catholic chaplains.  Tjorven Bellmann of the German Federal Ministry of Foreign Affairs raised the importance of recruitment methods that appeal to young people from diverse backgrounds. He also noted that discrimination in the military remains a barrier for racial minorities, women, LGBT+, and other groups.  Nida Ansari, a State Department detailee to the Helsinki Commission, discussed U.S. Government inclusion efforts around faith communities. Ursula von der Leyen’s elevation to the Presidency of the European Commission offers hope for highly-placed advocacy of inclusive policies and concrete strategies beyond the security sector and broader dissemination of practices shared during Mission Critical. Congressman Cummings’ vision of a more inclusive security sector, and more inclusive societies generally, at home and abroad will not soon be forgotten.  Signs of progress include examples like General Lori Robinson, whose distinguished career included serving as the first woman to command a major Unified Combatant Command when she led United States Northern Command (USNORTHCOM) and the North American Aerospace Defense Command (NORAD) from May 2016 to May 2018.  The rarity of her example, however, only underlines the work that Mr. Cummings well knew was still required. With special thanks to Leah Perry, former Professional Staff Member, House Oversight Committee, for her assistance in providing background information for this article. 

  • HELSINKI COMMISSION TO REVIEW NEW WAYS TO FIGHT FOREIGN BRIBERY

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  • Co-Chairman Wicker Statement on Developments in Northern Syria

    WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) today issued the following statement on reports that Turkey has launched an attack on Kurdish troops in northern Syria: “Kurdish troops bravely fought alongside Americans and our other allies to defeat the ISIS caliphate. The small deployment of special operators we had in northern Syria supported the fight against extremism and protected our partners. We should continue to stand by our Kurdish friends and oppose Turkey’s invasion. Those who support the United States deserve nothing less. Otherwise, we undermine our country’s interests in the region and our credibility around the world.”

  • Chairman Hastings on Yom Kippur Shooting outside German Synagogue

    WASHINGTON—Following yesterday’s shooting outside of a synagogue in Halle, Germany, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I am heartbroken to hear about the shooting near a synagogue in Germany where Jewish worshippers gathered to observe Yom Kippur. I stand in solidarity with the two innocent lives lost and the families and worshippers who were impacted by this senseless act of violence and hatred. As we commemorate the one-year anniversary of the Pittsburgh synagogue tragedy later this month, we must do more across borders to address these common challenges together.”

  • Chairman Hastings Leads Bipartisan Delegation to Tunisia, Israel, and Morocco

    WASHINGTON—From September 28 to October 6, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) led a bipartisan, bicameral U.S. delegation to Tunisia, Israel, and Morocco to assess the state of security, human rights, and democracy in the Middle East and North Africa. The delegation concluded with the OSCE Parliamentary Assembly (PA) Autumn Meeting in Marrakech, Morocco, where the strong U.S. presence demonstrated the consistent and bipartisan commitment of the United States to security and cooperation in the OSCE and neighboring Mediterranean regions. “As a Member of Congress, I spent decades traveling to the Middle East and North Africa,” said Chairman Hastings, who formerly served President of the OSCE PA as well as the OSCE PA Special Representative to the Mediterranean Partners for Cooperation. “This trip was an occasion to revisit long-standing relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today.” Chairman Hastings was joined on the delegation by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS); Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Helsinki Commissioner Rep. Emanuel Cleaver, II (MO-05), and Rep. Andy Harris (MD-01). In Tunisia, the delegation met with Interim President Mohamed Ennaceur, who noted that that the gravest threat facing his nation is the economic and social despair afflicting many young people. Members also held roundtable discussions with civil society groups and local and international election observers, who provided an assessment of the September 15 presidential election and prospects for country’s upcoming legislative election and presidential run-off. In Israel, the delegation met with both Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Members also met with civil society to assess possible threats to the rule of law impacting both Israelis and Palestinians, and with Christian leaders to explore interreligious relations and the mediating role Christian churches play in the Holy Land. During the OSCE PA Autumn Meeting, Chairman Hastings and other members of the delegation discussed ways to maximize cooperation with OSCE Mediterranean Partners in areas ranging from migration and human trafficking, to tolerance and non-discrimination, to energy and water, all in the context of good governance and democratic institutions. “In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the OSCE Mediterranean Partners, particularly through support for, and observation of their electoral processes,” said Chairman Hastings during the meeting. Co-Chairman Wicker, who serves as a vice-president of the OSCE PA and as the 2019 Head of the U.S. Delegation to the OSCE PA, chaired a session focusing on regional and national perspectives of cooperation across North Africa and the African continent. In Morocco, members also met with the Algerian, Moroccan, and Ukrainian delegations to the OSCE PA; OSCE PA President George Tsereteli; and OSCE PA Secretary General Roberto Montella.

  • Remarks to the Mediterranean Forum

    Autumn Meeting of the OSCE PA *NOTE: As prepared for delivery* Before arriving in Morocco, I led a bicameral and bipartisan Congressional delegation to Tunisia and Israel. While in these countries, my colleagues and I held high-level exchanges with national leadership, civil society, religious leaders, and others to assess the current state of regional security, human rights and democracy. As a Member of Congress, I spent decades traveling to the Middle East and North Africa.  I was never more proud of that engagement, than when I served as President of the Parliamentary Assembly and its  Special Representative to the Mediterranean Partners for Cooperation. This trip was an occasion to revisit longstanding relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today. Our delegation arrived in Tunisia and Israel at sensitive political moments. Tunisia held its second democratic presidential election ever on September 15 and will follow in the coming weeks with its third-ever free legislative election and a presidential run-off. In Israel, the country’s second national election this year on September 17 once again delivered an ambiguous result, touching off a flurry of government formation negotiations with no end in sight. In Tunis, my colleagues and I met with Interim President Mohamed Ennaceur. I commended him for leading his country through a historic peaceful transition of power following the death of President Beji Caid Essebsi earlier this year. When I asked about the most serious existential threat facing Tunisia, he had a bracing assessment: that the gravest threat is the economic and social despair afflicting so many youth. We should heed President Ennaceur’s words and commit ourselves during this meeting of the Parliamentary Assembly to discussing ways to restore hope and opportunity for the youth in our societies. Early next year, I intend to do my part to respond to the call of President Ennaceur and others by hosting young parliamentarians from throughout the OSCE region and the Partners for Cooperation in Washington for a seminar that empowers our future leaders. I look forward to sharing details with your delegations in the near term. While in Tunisia, our delegation also held roundtables with civil society groups and local and international election observers. I was encouraged by the bold commitment of these groups to preserving and advancing the gains Tunisia has made since 2011 in respect for the rule of law, democracy, and fundamental freedoms. I remain concerned, however, that the ongoing imprisonment of one of the leading presidential candidates could undermine confidence in the democratic process. In Israel, our delegation met both with Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Both leaders were candid in their assessments of the impasse in the peace process. While no clear opportunities emerged, I was affirmed in my belief that parliamentary diplomacy bridges divides. Prime Minister Netanyahu shared his sobering assessment of the global threat posed by Iran and the existential danger it poses to the people of Israel. I hope we will discuss ways of addressing this matter during our debates in the coming days. During a roundtable with Israel-based civil society, we heard warnings about possible threats to the rule of law impacting both Israeli citizens and Palestinians. In a separate meeting with the leaders of major Christian denominations, including Greek Orthodox Patriarch of Jerusalem Theophilos III, we explored interreligious relations and the mediating role Christian churches play in the Holy Land. In Luxembourg this summer, this assembly passed a resolution I authored on the importance of integrating and protecting civil society engagement in the work of the OSCE and this Assembly. Our meetings with such groups in Tunis and Jerusalem confirms the value of consulting local activists in our work as parliamentarians at home and abroad. In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the Mediterranean Partners, particularly through support for- and observation of their electoral processes.

  • Safe and Dignified Return

    In July, nearly 300 parliamentarians from the 57 OSCE participating States met for the OSCE Parliamentary Assembly (PA) 2019 annual session in Luxembourg, where they addressed in a final declaration the wide range of issues of current concern to the organization. Of these issues, none received more attention than those relating to human rights and humanitarian questions; the relevant section of the declaration contained more than 180 paragraphs. Leading subjects of concern included the treatment of investigative journalists, manifestations of discrimination and intolerance in society, gender inequality, and efforts to stifle dissent. The text also focused heavily on migration, including the rights of refugees. During the consideration of a final text for adoption, Rep. Sheila Jackson Lee (TX-18), who has been active in representing the United States at OSCE PA meetings in recent years and serves on the OSCE PA’s Ad Hoc Committee on Migration, proposed an amendment underlining the importance of the right of safe return of refugees. Her amendment, co-sponsored by other members of Congress and by parliamentarians from Cyprus, Georgia, Ireland, Italy, and North Macedonia, made clear that returns should not only be safe, but also voluntary and dignified. The adopted text, included in the Luxembourg Declaration, reads as follows: “The OSCE Parliamentary Assembly underlines that the right of voluntary, safe and dignified return for refugees and internally displaced persons to their homes and properties must be guaranteed;” The concept of voluntary return is at the heart of binding international law on refugees. The 1951 Convention Relating to the Status of Refugees states, “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The convention originally was restricted to people who became refugees because of “events occurring in Europe before 1 January 1951.” The 1967 Protocol Relating to the Status of Refugees, which removed the convention’s time and geographic restrictions, maintains the binding “non-refoulement” obligation. There are only a few exceptions on “grounds of national security or public order” and only after “due process of law.” According to the Guiding Principles on Internal Displacement, presented in 1998 by the United Nations Secretary General’s Representative on Internally Displaced Persons, “Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.” The principles are not legally binding on governments, but they are the point of reference for how a government should respond to internally displaced persons.

  • INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)

    Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki Commission—a congressional watchdog for human rights and democracy in Europe and Eurasia—I am frequently reminded of the new opportunities that technology and globalization present for human rights defenders around the globe. For those struggling to defend their liberty and human dignity, our interconnected world brings with it the possibility of sharing information, coordinating action, and demonstrating solidarity across thousands of miles in fractions of a second. It means that truth is more capable of piercing the veil of enforced ignorance erected by the world’s most repressive states Technology also further empowers dissidents in exile to connect with, and influence the foot soldiers of freedom who march on in their homelands. But with these new openings for liberty come novel approaches to repression. Authoritarian and autocratic regimes are appropriating agile, 21st century technology to prop up sclerotic systems of brutality and corruption. Technological developments have provoked greater feelings of insecurity in these brittle regimes and propelled them to extend their repression far beyond their borders, sometimes reaching into the refuge of democratic societies where political opponents, independent journalists, and civil society activists operate in safety. Madam Speaker, I recently introduced bipartisan legislation to tackle these emerging challenges with my friend and Helsinki Commission Ranking Member, Representative JOE WILSON of South Carolina We are confident that this legislation, supported by the bicameral leadership of the Helsinki Commission and other leaders on human rights, will place the United States on course to lead the free world in holding the line against these modern manifestations of political persecution, or what some have called ‘‘transnational repression.’’ The Transnational Repression Accountability and Prevention Act—or TRAP Act—is designed to counter one key instrument in the autocrat’s 21st century toolkit politically-motivated abuse of the International Criminal Police Organization, more commonly known as INTERPOL. INTERPOL is a legitimate and potent tool for international law enforcement cooperation—one that the United States relies on heavily to bring criminals to justice and thwart threats to security around the globe. Sadly, autocrats have recognized the potential for repression in INTERPOL’s worldwide communications system that ties into the law enforcement agencies of its 194 member countries. The Helsinki Commission regularly receives credible reports from human rights defenders, journalists, political activists, and businesspeople who have fallen victim to the efforts of corrupt regimes to ensnare them using INTERPOL’s system of international requests for arrest and extradition, known as Red Notices and Diffusions. These are the modern-day ‘‘traps’’ addressed by the TRAP Act. Because of these notices, innocent individuals live in fear of traveling mternationally and have been detained, had their bank accounts closed, and, sometimes, been returned into the hands of the very regimes from which they escaped. Madam Speaker, our legislation opens three new fronts agamst the threat of INTERPOL abuse. First, it clearly states that it is the policy of the United States to use our influence in INTERPOL to advance specific reforms that increase transparency and accountability for those that abuse the system while helping the organization to live up to its stated obligations to uphold international human rights standards and resist politicization It further establishes that the United States will use its diplomatic clout to confront countries that abuse INTERPOL and work to ensure the freedom of movement and ability to engage in lawful commerce of victims of this abuse the world over. Second, the TRAP Act exerts oversight over the United States’ internal mechanisms to identify, challenge, and respond to instances of INTERPOL abuse. The bill requires the Departments of Justice, Homeland Security, and State—in coordination with other relevant agencies—to submit to Congress an assessment of the scope and seriousness of autocratic abuse of INTERPOL, an evaluation of the adequacy of the processes in place domestically and at INTERPOL to resist this abuse, and a plan for improving interagency coordination to confront this phenomenon. Third, and perhaps most importantly, the TRAP Act places strict limitations on how the United States Government can use INTERPOL notices in legal or administrative proceedings that could interfere with the freedom or immigration status of individuals in our country. We have been deeply concerned by reports that some authorities in this country have improperly cited INTERPOL notices from autocratic countries to detain individuals and place them in danger of being returned to the very countries from which they fled. The TRAP Act will make crystal clear that autocratic regimes cannot use INTERPOL notices to weaponize the U.S. judicial system against their political targets. Madam Speaker, these measures are critical to restricting the freedom that some autocratic regimes have enjoyed to harass, persecute, and detain their political opponents around the world. Authoritarian and autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, Azerbaijan, and Venezuela must be called out by name and held to account for their repeated manipulation of legitimate law enforcement tools for petty political ends. Madam Speaker, I would also like to place the TRAP Act in the context of the other work that the U.S. Helsinki Commission has done to address the grave threat of transnational repression and malign influence by authoritarian regimes. The Countering Russian and Other Overseas Kleptocracy—or ‘‘CROOK’’ Act, the Kleptocrat Exposure Act, and the Rodchenkov Anti-Doping Act have all been the result of a focus by Commissioners and Commission staff on developing a bipartisan congressional response to the existential threat of global authoritarianism. We can no longer sit idly by, content that those who wish to do us harm are on the other side of the world. In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies. 

  • 2019 Human Dimension Implementation Meeting

    From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission

  • Helsinki Commission Leaders Introduce Transnational Repression Accountability and Prevention (TRAP) Act

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4330) in the House of Representatives. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) introduced the TRAP Act (S. 2483) in the Senate on Tuesday. The legislation addresses politically-motivated abuse of the International Criminal Police Organization (INTERPOL) by autocracies. “Today’s autocrats don’t simply try to silence journalists, activists, and other independent voices at home. They also hunt them down in their places of refuge abroad,” said Chairman Hastings. “Such repressive regimes even manipulate INTERPOL—a legitimate and potent tool for international law enforcement cooperation—to trap their targets using trumped-up requests for detention and extradition. The United States must act to prevent this flagrant abuse and protect those who fight for freedom, human rights, and the rule of law." “Instead of facing consequences for their serial abuse of INTERPOL, autocratic states like Russia and China have instead jockeyed for senior positions in the organization,” said Co-Chairman Wicker. “The United States and other democracies should impose real costs for this global assault on the rule of law. This legislation would ensure that the United States remains at the forefront of defending the vulnerable against the long arm of state repression.” “The Transnational Repression Accountability and Prevention Act continues the tradition of U.S. leadership in combating INTERPOL abuse, holding perpetrators accountable, and advancing necessary reforms within the U.S. Government and INTERPOL to respond to this threat,” said Rep. Wilson. “This legislation makes it clear that the United States stands on the side of freedom for those who defy repression, resist corruption, and defend human rights wherever they seek refuge and a voice.” “Autocratic regimes are increasingly exporting their repression overseas, including to our own country. The United States must respond more forcefully to these attacks against the rule of law and deter the serial abuse of INTERPOL by repressive governments,” said Sen. Cardin. “This legislation is critical to establishing stronger protections for dissidents and other independent voices whom these regimes wish to apprehend in the United States on politically motivated charges.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Following reports that U.S. immigration authorities have cited such politically-motivated INTERPOL requests to detain some individuals and consider removing them from the United States, the TRAP Act formally codifies strict limitations on how INTERPOL requests can be used by U.S. authorities. The TRAP Act further declares that it is the policy of the United States to pursue specific reforms within INTERPOL and use its diplomatic clout internationally to protect the rights of victims and denounce abusers. The bill requires the Departments of Justice, Homeland Security, and State, in consultation with other relevant agencies, to provide Congress with an assessment of autocratic abuse of INTERPOL, what the United States is doing to counteract it, and how to adapt United States policy to this evolving autocratic practice. The State Department would also be required to publicly report on the abuse of INTERPOL in its annual Country Reports on Human Rights to create a transparent, public record of these violations of the rule of law. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original co-sponsors of the legislation include Helsinki Commission members Sen. Marco Rubio (FL), Sen. Cory Gardner (CO), Sen. Sheldon Whitehouse (RI), Rep. Steve Cohen (TN-09), Rep. Brian Fitzpatrick (PA-01), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. John Curtis (UT-03), Rep. Sheila Jackson Lee (TX-18), and Rep. Tom Malinowski (NJ-07) are also original co-sponsors.

  • TOOLS OF TRANSNATIONAL REPRESSION

    To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. Titled “Tools of Transnational Repression: How Autocrats Punish Dissent Overseas,” this U.S. Helsinki Commission hearing examined INTERPOL abuse among other autocratic practices aimed at suppressing dissent across borders, including surveillance, abduction, and assassination. Commission Co-Chairman Sen. Roger Wicker chaired the hearing and was joined by Commission Ranking Members Sen. Ben Cardin and Rep. Joe Wilson and Commissioners Sen. Cory Gardner, Sen Sheldon Whitehouse, and Rep. Marc Veasey. Co-Chairman Wicker opened the hearing by stating that “the Helsinki Commission is particularly concerned by the politically motivated abuse of Interpol by autocratic states wishing to harass and detain their opponents overseas, often in the hopes of trying them on bogus criminal charges.” While acknowledging INTERPOL as a legitimate and potent law enforcement tool, Sen. Wicker noted that its “broad membership leaves it open to manipulation by authoritarians.” In his opening remarks, Ranking Member Cardin proposed ways to respond to the phenomenon of transnational repression include putting a spotlight on it through the hearing, passing legislation, and enforcing the Magnitsky sanctions. Ranking Member Wilson noted that INTERPOL abuse “is not only imperiling champions of freedom around the world, but undermining the very integrity of INTERPOL and, more broadly, the international system we’ve worked so hard to build.” Witnesses included Alexander Cooley, Director for Columbia University’s Harriman Institute for the Study of Russia, Eurasia, and Eastern Europe and Claire Tow Professor of Political Science at Barnard College; Sandra A. Grossman, Partner at Grossman Young & Hammond, Immigration Law, LLC; Bruno Min, Senior Legal and Policy Advisor for Fair Trials; and Nate Schenkkan, Director for Special Research at Freedom House. They described the roots of transnational repression, salient examples of its use, how INTERPOL systems should be reformed to safeguard the rights of the innocent, and INTERPOL abuse affects the American immigration system. Mr. Cooley recognized that while transnational repression is not a new phenomenon, there is a current upsurge in its use that stems from a global backlash against democratization. He further cited the role of globalization in creating new diaspora communities around the world and the rise of new information technologies as other factors contributing to the increasing incidents of transnational repression. Mr. Schenkkan recommended that the United States and other democratic states work to “blunt the tools of transnational repression,” including through INTERPOL reform, and to “to raise the cost of engaging in transnational repression,” such as by sanctioning its perpetrators. Mr. Min explained Fair Trials’ recommendations for INTERPOL reform, including ways to improve the review process of red notices and diffusions, further integrate due process standards into INTERPOL’s appeal process for red notices and diffusions, and increase the transparency of INTERPOL’s internal decision-making. Ms. Grossman addressed instances in which United States’ Immigration and Customs Enforcement (ICE) used Red Notices to detain or otherwise render immigration determinations against individuals in this country, even though the Department of Justice does not recognize Red Notices as a legitimate basis for arrest. She recommended that the U.S. government take steps to improve the understanding of immigration officials concerning the proper handling of Red Notices. Mr. Cooley, Mr. Schenkkan, and Ms. Grossman all endorsed the Transnational Repression Accountability and Prevention (TRAP) Act introduced by the Commission’s leadership to address the abuse of INTERPOL internationally and the misuse of its communications by U.S. authorities.

  • The State of Diversity and Inclusion in Europe

    The U.S. Helsinki Commission convened the hearing, “The State of Diversity and Inclusion in Europe: Race, Rights, and Politics” one week ahead of the OSCE’s annual Human Dimension Implementation Meeting (HDIM), which included a focus on hate crimes and Roma populations, and the European Union’s first ever Anti-Racism and Diversity Week held in the European Parliament.    Helsinki Commissioner Representative Gwen Moore (WI-04) chaired the hearing and was joined by Helsinki Commissioners: Chairman Alcee L. Hastings (FL-20), Rep. Steve Cohen (TN-09), Rep. Emanuel Cleaver, II (MO-05), and Rep. Marc Veasey (TX-33).  Against the backdrop of recent European elections that included numerous xenophobic political parties, Chairman Hastings highlighted the importance of the hearing given the rise in prejudice and xenophobic violence in both Europe and in the United States including from far-right extremists.  Rep. Moore reiterated the necessity of the hearing given “numerous reports from Europe of hate crimes and acts of extremism, racial profiling in cities and at borders, and discrimination at work and in the schools, with the OSCE reporting close to 6,000 hate crimes in the region over the last year, and a recent European parliamentary study concluding that people from ethnic or racial minorities in the EU experience higher risks of economic hardship, poorer-quality housing, residential segregation, unemployment, and assault.”  She also raised concerns regarding Americans being impacted by disparate treatment and related violence in Europe, following reports thatU.S. military personnel and diplomats serving in Europe, students studying abroad, and tourists have been the targets of discrimination, including hate crimes. Panel 1 The first panel consisted of Members of the European Parliament who lead the Anti-Racism and Diversity Intergroup: MEP Romeo Franz (Germany), MEP Dr. Pierrette Herzberger-Fofana (Germany), MEP Evin Incir (Sweden), MEP Samira Rafaela (Netherlands), and Coordinator Alfiaz Vaiya of the Intergroup.  MEP Dr. Herzberger-Fofana described how Afro-German victims are often excluded from the discourse on Nazis and the Holocaust, and the need for recognition and restitution, stating, “We owe more to our ancestors than to allow their memories and sacrifices to be erased from the common conscious.”   MEP Franz stated that despite the adoption of anti-discrimination legislation by all EU states, 80 percent of the Roma community lives below their respective country’s poverty line due to anti-gypsyism and institutionalized racism. “Europe was based on that fundamental belief that all people are born equal, regardless the color of the skin, religion, or ethnicity. And that is what must be defended and promoted by its leaders,” said MEP Franz. MEP Incir called for those who believe in equal, democratic societies to stand together to counter global nationalist movements being led by right-wing extremist organizations, while MEP Rafaela discussed the importance of representative politics in preserving democracies and the need to address current tensions in the transatlantic relationship. Mr. Vaiya concluded the first panel, stating, “In a majority of the 28 [EU] member states, we see far-right political parties in government [and] working with the current U.S. administration and other far-right political parties and leaders across the world.”  Mr. Vaiya went on to say, “Jewish people, whether it’s Muslims, whether it’s LGBTI people, whether it’s people who are Roma or black […] The shared threat is the same.  It’s the populism, it’s the racism, it’s the fascism.  It may be specific to each individual community, but we have to understand that threat is together.” Panel 2 The second panel consisted of Councilor Irene Appiah (Hamburg, Germany), Vice-Chair Domenica Ghidei Biidu (Netherlands) of the European Commission Against Racism and Intolerance (ECRI), and MPs Olivier Serva and Daniele Obono (France). Vice-Chair Biidu recognized the U.S. as a partner and peer in combating racism and intolerance and urged the U.S. to engage in counter-populistic rhetoric and hate speech, foster constructive and peaceful relationships with Muslim countries and between Muslim countries and Israel, assist in the fight against anti-Semitism, safeguard irregular migrants, and seek observer status in the plenary meeting of ECRI.  Remarking on the vibrant Afro-descent population in Germany, Councilor Appiah called for Germany and other countries to provide statistical data on minorities and the African diaspora to assist in the fight against racism.  In discussing French diversity resulting from colonialism and African enslavement, MP Obono highlighted the need for statistics on race to address continuing racial disparities.  In addressing continuing disparities between French territories in the Caribbean and France, MP Serva called for teaching of the history of slavery in the French overseas territories, increasing minorities in French media, equality data, and addressing brain drain in the territories.  Other points discussed included complacency from both left and right parties in protecting western democracies, Russian exploitation of societal divisions, including utilizing racial prejudice, to disrupt democracy, and the need to strengthen efforts to address online hate while protecting free speech.  

  • Simulating a Baltic Security Crisis

    By Brittany Amador, Intern On August 29, 2019, U.S. Helsinki Commission personnel, joined by Congressional staff from several relevant offices, participated in a simulated security crisis in the Baltic region centered on the U.S. and NATO response to a hypothetical act of Russian aggression. The event followed the Helsinki Commission’s historic field hearing on Baltic Sea regional security, where members of Congress convened senior Allied and partner leaders from Poland, Lithuania, Estonia, Sweden, and Finland, as well as the United States European Command (EUCOM) and the U.S. Mission to NATO, to better understand current and evolving security threats in the region.  Participants in the simulation. Ambassador (ret.) John Heffern, a former Acting Assistant Secretary of State for Europe and Eurasian Affairs and Deputy Chief of Mission to the U.S. Mission to NATO, led the simulation. Ambassador Heffern, who currently serves as a Distinguished Fellow of Diplomacy and Entrepreneurship at Georgetown University, was assisted in the facilitation of the game by Andrew Carroll, an officer with the United States Air Force who recently completed his Max Kampelman Policy Fellowship at the Helsinki Commission. 2d Lt Andrew Carroll describing the parameters of the simulation. During the three-hour event, attendees played the roles of various regional actors, and debated possible actions in response to realistic scenario inputs. Participants were provided immediate feedback on their strategic decisions, knowing in real time the impact of their simulated actions. The scenario underlined the challenges and opportunities inherent in any response to a security crisis in the Baltic Sea region. Ambassador (ret.) John Heffern explaining tactical movements.

  • Helsinki Commission Hearing to Probe Autocratic Abuse of Interpol

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: TOOLS OF TRANSNATIONAL REPRESSION How Autocrats Punish Dissent Overseas Thursday, September 12, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission As modern technology has allowed political dissidents and human rights defenders to operate from almost anywhere on the planet, repressive regimes have searched for opportunities to reach those who threaten their rule from afar.  To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. The U.S. Helsinki Commission will convene an expert panel to highlight how autocrats today use INTERPOL and other means such as surveillance, abduction, and assassination to punish dissent overseas. Witnesses will suggest how the United States and other democratic nations can defend against these threats to the rule of law domestically and internationally. The following witnesses are scheduled to participate: Alexander Cooley, Director, Columbia University's Harriman Institute for the Study of Russia, Eurasia and Eastern Europe; Claire Tow Professor of Political Science, Barnard College Sandra A. Grossman, Partner, Grossman Young & Hammond, Immigration Law, LLC Bruno Min, Senior Legal and Policy Advisor, Fair Trials Nate Schenkkan, Director for Special Research, Freedom House Additional witnesses may be added.

  • European Political Leaders to Discuss Diversity and Inclusion in Europe at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE STATE OF DIVERSITY AND INCLUSION IN EUROPE Race, Rights, and Politics Wednesday, September 11, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission Against the backdrop of recent European elections, European political leaders will discuss the state of their democracies and recent efforts to address issues of diversity and inclusion amidst rising prejudice and xenophobic violence, including from far-right extremist groups.  The hearing will also examine the impact of anti-discrimination policies and diversity initiatives aimed at ensuring and protecting equal rights as European countries attempt to balance the economic needs of immigration and other benefits of diverse populations with continuing national identity and security concerns. The following speakers are scheduled to participate: Councilor Irene Appiah (Hamburg, Germany) Vice-Chair Domenica Ghidei Biidu, European Commission against Racism and Intolerance (Netherlands) MEP Romeo Franz (Germany) MEP Pierrette Herzberger-Fofana (Germany) MEP Evin Incir (Sweden) MP Danièle Obono (France) MEP Samira Rafaela (Netherlands)

  • House Majority Leader, Helsinki Commissioners Decry Efforts to Shutter Community Center in Hungary

    WASHINGTON—Following renewed efforts by authorities in Hungary to shutter the Aurora Community Center in Budapest, House Majority Leader Rep. Steny H. Hoyer (MD-05), Helsinki Commission Ranking Member Sen. Ben Cardin (MD), and Helsinki Commissioner Rep. Gwen Moore (WI-04) issued the following statements: “During my visit to Budapest earlier this summer, I saw firsthand the important resources Aurora provides to the community,” said Majority Leader Hoyer. “The latest attempt by Hungarian authorities to shut down Aurora speaks volumes about the country’s shrinking space for civil society. On the thinnest of pretexts, the rule of law in Hungary is being hijacked to serve one party's political interests.” “Aurora nurtures a vibrant community of civil society groups and has become a symbol of independent organizations in Hungary,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly (PA) Special Representative on Anti-Semitism, Racism, and Intolerance. “Unfortunately, such activism is viewed as a threat by those in power, who—through constant legal harassment—are attempting to permanently close Aurora’s doors. Aurora and organizations like it should be protected, not targeted.” “In a time when those who spew hate and divisiveness seem to be ascendant, initiatives like Aurora that build inclusive societies and strengthen democracy are needed more than ever,” said Rep. Moore. “I was honored to visit the center and meet with its president, Adam Schonberger, with my colleagues earlier this year.” Majority Leader Hoyer, Sen. Cardin, and Rep. Moore visited the Aurora Community Center in Budapest in July, en route to the 2019 OSCE PA Annual Session in Luxembourg. Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to other small civil society groups in Budapest, including the Roma Press Center, migrant aid, and Pride Parade organizers. Over the past two years, Hungarian authorities repeatedly have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs.  In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech.  Hungary also adopted amendments to its "law on aiding illegal migration" that makes handing out know-your-rights leaflets punishable by up to one year in prison.  Hungary will hold municipal elections on October 13.

  • A Push to Let the U.S. Charge Foreign Officials With Bribery

    One of the hallmarks of the Foreign Corrupt Practices Act has been that it cannot be used against a foreign official who demands or takes a bribe for helping a company win a contract or retain business. A bill introduced in Congress this month seeks to change that. Called the Foreign Extortion Prevention Act, the legislation would expand the prohibition on bribery to foreign officials who demanded or solicited bribes. The Foreign Corrupt Practices Act’s prohibition on paying bribes abroad is limited to companies in the United States and those acting in this country. It has always excluded the foreign official who takes the bribe, and courts over the years have reaffirmed that. In United States v. Castle, a 1991 decision, the United States Court of Appeals for the Fifth Circuit found that two Canadian officials could not be prosecuted for a conspiracy to violate the F.C.P.A. because Congress exempted foreign officials. In United States v. Hoskins, a 2018 ruling, the federal appeals court in Manhattan held that a foreign national who was never in the United States could not be prosecuted under the foreign bribery law because “Congress did not intend for persons outside of the statute’s carefully delimited categories to be subject to conspiracy or complicity liability.” The bill, which has both Democrats and Republicans as sponsors, would put the prohibition on a foreign official’s accepting a bribe under the federal anti-bribery statute, 18 U.S.C. § 201, rather than the Foreign Corrupt Practices Act. The proposal would also make it a crime for a foreign official “otherwise than as provided by law for the proper discharge of official duty” to demand or accept anything of value for being influenced in the performance of official responsibilities. But putting the prohibition under the federal anti-bribery statute would subject it to the limitations the Supreme Court placed on the law in its 2016 ruling in McDonnell v. United States. That case overturned the conviction of a former governor of Virginia by rejecting a broad reading of what is an “official act.” The justices explained that it must involve “a formal exercise of governmental power that is similar in nature to a lawsuit, administrative determination or hearing.” They found that “merely setting up a meeting, hosting an event or contacting an official — without more — does not count as an ‘official act.’” Favoring a business by arranging meetings or contacting other foreign officials to help it win a contract may not rise to the level of an “official act,” especially if the foreign official who received the bribe did not have the direct authority to decide who should be awarded a contract. So the potential limitations on the federal bribery statute could be read into prosecutions of foreign officials for accepting bribes that violated the F.C.P.A. The F.C.P.A. also contains two defenses that were added in 1988. One is the “local law” defense, which allows a defendant to show that under the written laws and regulations of the place where the bribe occurred that it was not illegal. Another defense permits small “facilitation payments” to obtain routine government action in the country. In both situations, a foreign official could argue that these defenses should preclude liability for accepting a payment. A greater potential issue for the Justice Department if the legislation becomes law is whether a foreign official will be brought to the United States to face a criminal charge. If the person is still in office, a foreign government may be reluctant to send the person to America. But a criminal indictment would most likely limit where the foreign official could travel. The person would need to avoid countries that have an extradition treaty with the United States. The Department of Justice has not been without tools to punish foreign officials who engage in bribery. The money-laundering statute allows a foreign official receiving money through bribery, misappropriation or theft of public funds to be charged with a crime. Federal prosecutors could also use the Travel Act, which prohibits traveling into the United States to engage in bribery. Both statutes, though, require either travel to the United States or a financial transaction using the United States financial system. The new legislation would make it much easier to pursue a foreign official. The Justice Department would not have to show a connection to the United States beyond a payment by an American company. Whether it would result in an increase in prosecutions is a different question. Still, simply charging the official could have the effect of identifying who was responsible in a country for accepting illegal bribes. That should make it easier for American companies and their employees to demand fairness from foreign officials rather than being extorted for payments.

  • Representatives Jackson Lee, Curtis, Malinowski, and Hudson Introduce Foreign Extortion Prevention Act

    WASHINGTON—Rep. Sheila Jackson Lee (TX-18), Rep. John Curtis (UT-03), Rep. Tom Malinowski (NJ-07) and Rep. Richard Hudson (NC-08) today introduced the Foreign Extortion Prevention Act. The legislation, developed with the support of the U.S. Helsinki Commission, will criminalize extortion by foreign officials, enabling the Department of Justice to indict such officials for demanding bribes to fulfill, neglect, or violate their official duties. Currently, only paying or offering a bribe abroad is illegal under U.S. law. “Transnational kleptocrats pose a serious national security threat to the United States. They act as agents of U.S. adversaries, undermining the rule of law internationally and in their own countries, and accessing elite circles and levers of power in democracies through strategic graft and corruption. U.S. prosecutors have been able to indict such individuals under criminal statutes such as wire fraud, mail fraud, and the Travel Act; however, these laws were not designed to tackle the problem of transnational kleptocracy, and each contain deficiencies which make it less than ideal for prosecuting foreign extortion. We cannot leave our prosecutors without the legal tools they need to protect the rule of law,” said Rep. Jackson Lee. “U.S. businesses abroad are regularly targeted by foreign extortionists. Transnational kleptocrats hide under the veneer of officialdom and abuse their power to warp the regulatory environment, attempting to co-opt or eliminate legitimate job-creators and entrepreneurs who follow the rules. The Foreign Extortion Prevention Act would protect U.S. businesses from these individuals by punishing the demand side of bribery. Currently, a business being extorted for a bribe can only say ‘I can’t pay you a bribe because it is illegal and I might get arrested.’ This long-overdue bill would enable them to add, ‘and so will you,’” said Rep. Curtis. “Americans who pay bribes overseas can be prosecuted—with this bill, our prosecutors will be able to go after the foreign officials who demand those bribes. We’re giving the Justice Department a powerful new tool to fight the kleptocracy that impoverishes people and empowers dictators around the world,” said Rep. Malinowski. “Pursuing the extortionists is crucial to ending the entire system of international bribery. Even if a kleptocrat cannot be immediately extradited, a U.S. indictment serves as a play-by-play of the crime committed that can be used to support additional measures—such as sanctions—and can force transnational criminals to think twice before traveling abroad to spend their ill-gotten gains. Moreover, a U.S. indictment can help the forces of the rule of law in other countries to root out corruption by pressuring the domestic government in question to charge the individual,” said Rep. Hudson. The Foreign Extortion Prevention Act will bring U.S. laws in line with international best practices. The Organization for Economic Cooperation and Development (OECD), which maintains the OECD Anti-Bribery Convention—a key international mechanism for fighting foreign bribery—has recognized the importance of criminalizing transnational extortion in a recent report. In addition, countries including the United Kingdom, France, the Netherlands, and Switzerland have already criminalized foreign extortion. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Current and former Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (H.R. 3843), the Kleptocrat Exposure Act (H.R. 3441), and the Rodchenkov Anti-Doping Act (H.R. 835/S.259).

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