Title

Representatives Keating and Fitzpatrick Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act

Thursday, July 18, 2019

WASHINGTON—Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act. The CROOK Act will establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad.

“Russia and other authoritarian states have weaponized corruption, and exposing and countering that malign influence needs to be a priority. For too long, Russian President Vladimir Putin and other Russian politicians and oligarchs have acted with impunity, manipulating U.S. and European financial systems to move and disguise their ill-gotten gains. Their illicit funds are being used to control key economic sectors, fund political parties and organizations that advance Russian interests, and manipulate political processes and policies. The CROOK Act will help prevent Russian and other forms of kleptocracy from eroding democracy, security, and rule of law,” said Rep. Keating.

“To counter the weaponization of corruption, the United States must double down on its work to promote the rule of law abroad. However, opportunities for the establishment of the rule of law are rare and success requires that the United States act quickly when reformers come to power and seek to root out corruption. The United States also must take a whole-of-government approach to ensuring that resources are being used effectively and that different U.S. Government agencies are not acting at cross-purposes,” said Rep. Fitzpatrick.

The anti-corruption action fund established in the legislation will be funded by 5 percent of fines and penalties imposed pursuant to actions brought under the Foreign Corrupt Practices Act (FCPA). This way, a portion of the monies obtained under the enforcement of the FCPA will be recycled back into further international anti-corruption work.

The legislation also establishes several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce, the designation of embassy anti-corruption points of contact, and a consolidated online platform for easy access to anti-corruption reports and materials.

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. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441) and the Rodchenkov Anti-Doping Act (H.R. 835).

All House Helsinki Commissioners are original cosponsors of the bill. This includes Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), and Helsinki Commissioners Rep. Steve Cohen (TN-09), Rep. Robert Aderholt (AL-04), Rep. Sheila Jackson Lee (TX-18), Rep. Richard Hudson (NC-08), and Rep. Gwen Moore (WI-04). Rep. John Curtis (UT-03), Rep. Tom Suozzi (NY-03), and Rep. Tom Malinowski (NJ-07) are also original cosponsors  of the legislation.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
Relevant countries: 
Leadership: 
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    Mr. Speaker, I rise to introduce a bipartisan resolution which condemns the brutal murder of Northern Ireland defense attorney Rosemary Nelson and calls on the British Government to launch an independent inquiry into Rosemary's killing. The resolution also calls for an independent judicial inquiry into the possibility of official collusion in the 1989 murder of defense attorney Patrick Finucane and an independent investigation into the general allegations of harassment of defense attorneys by Northern Ireland's police force, the Royal Ulster Constabulary (RUC). I am pleased that Mr. Gilman, Mr. King, Mr. Crowley, Mr. Payne, and Mr. Menendez are original sponsors of this resolution.   Mr. Speaker, Rosemary Nelson was a champion of due process rights and a conscientious and courageous attorney in Northern Ireland. She was the wife of Paul Nelson and the mother of three young children: Christopher (13), Gavin (11), and Sarah (8). Her murder was a cowardly act by those who are the enemies of peace and justice in Northern Ireland. Her death is a loss felt not just by her family and friends, but by all of us who advocate fundamental human rights.   I first met Rosemary Nelson in August, 1997, when she shared with me her genuine concern for the administration of justice in Northern Ireland. She explained how, as an attorney, she has been physically and verbally assaulted by RUC members and how the RUC sent messages of intimidation to her through her clients. Many of her clients were harassed as well. Notwithstanding these threats, Rosemary Nelson still carried an exhaustive docket which included several high profile political cases. She became an international advocate for the rule of law and the right of the accused to a comprehensive defense and an impartial hearing. She also worked hard to obtain an independent inquiry into the 1989 murder of defense attorney of Patrick Finucane. For this, Rosemary Nelson was often the subject of harassment and intimidation. For her service to the clients, on March 15, 1999, Rosemary Nelson paid the ultimate price with her life, the victim of a car bomb.   Last September, 1988, Rosemary testified before the subcommittee I chair, International Operations and Human Rights. She told us she feared the RUC. She reported that she had been “physically assaulted by a number of RUC officers” and that the RUC harassment included, “at the most serious, making threats against my personal safety including death threats.” She said she had no confidence in receiving help from her government because, she said, in the end her complaints about the RUC were investigated by the RUC. She also told us that no lawyer in Northern Ireland can forget what happened to Pat Finucane, nor can they dismiss it from their minds.   She said one way to advance the protection of defense attorneys would be the establishment of an independent investigation into the allegations of collusion in his murder. Despite her testimony and her fears, the British government now wants to entrust the investigation of Rosemary Nelson's murder to the very agency she feared and mistrusted most, the RUC. Instead, I believe that in order for this investigation to be beyond reproach, and to have the confidence and cooperation of the Catholic community that Rosemary Nelson adeptly represented, it must be organized, managed, directed and run by someone other than the RUC. It just begs the question as to whether or not we can expect a fair and impartial investigation when the murder victim herself had publicly expressed deep concern about the impartiality of RUC personnel.   Mr. Speaker, the major international human rights groups, including Amnesty International, Lawyers Committee for Human Rights , British/Irish Human Rights Watch Committee for the Administration of Justice, and Human Rights Watch have all called for an independent inquiry. Param Cumaraswamy, U.N. Special Rapporteur on the independence of judges and lawyers, who completed an extensive human rights investigative mission to the United Kingdom last year, has also called for an independent inquiry of Rosemary Nelson's murder. At our September 29, 1998 hearing, Mr. Cumaraswamy stated that he found harassment and intimidation of defense lawyers in Northern Ireland to be consistent and systematic. He recommended a judicial inquiry into the threats and intimidation Rosemary Nelson and other defense attorneys had received. It's hard not to wonder if the British government had taken the Special Rapporteur's recommendations more seriously, Rosemary Nelson might have been better protected and still with us today. I express my heartfelt condolences to the Nelson family and I urge my colleagues to support the following resolution.

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  • 1999: A Critical Year for Belarus

    Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution.   Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. 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Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government.   The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. 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The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. 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Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.

  • 1999: A Critical Year for Belarus

    Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution.   Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. 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Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government.   The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law, beginning with the allowance for an independent judiciary and bar.   With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international community should make clear that the legitimacy of Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. The United States must make support for those committed to genuine democracy a high priority in our civic development and NGO assistance.   I applaud and want to encourage such entities as USIS, the Eurasia Foundation, National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to encourage the development of a democratic political system, free market economy and the rule of law in Belarus. The United States and the international community should strongly encourage President Lukashenka and the 13th Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such dialogue. The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG. There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue between the government, the opposition and NGOs; free and fair elections, including a new election law that would provide for political party representation on electoral committees and domestic observers; unhindered opposition access to the state electronic media; a better functioning, independent court system and sound training of judges; and the examination and resolution of cases of politically motivated repression.   Mr. Speaker, there is a growing divide between the government and opposition in Belarus, thanks to President Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.

  • Bosnia, Croatia, Macedonia and Serbia: Electoral and Political Outlook for 1999

    Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia is poor due to poor economic conditions and the continued displacement of certain populations.  The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall – have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republika Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, the state, is important in that the United States wants to support only those that successfully implement the Dayton Accords. 

  • The Ombudsman in the OSCE: An American Perspective

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  • The Status of Human Rights in Russia

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    Senior Advisor to the Commission, E. Wayne Merry, chaired this briefing which was part of a series by the Commission on the subject of religious liberties within the OSCE region. This series was prompted by a perceived developing problem of restrictions on religious liberties in several participating states to the OSCE. At the time, the Commission was devoting most of its attention to the countries that that traditionally had a much more tolerant view toward religious minorities, such as those in Western and Central Europe. Participants in this briefing included Francesca Binda, Karen Gainer, and Paul Rowland, all with the National Democratic Institute (NDI) and International Republican Institute (IRI) personnel Eric Jowett and Kent Patton.

  • Deterioration of Religious Liberty in Europe

    This briefing addressed the persisting question of problems of religious liberty and the patterns of discrimination against religious minorities and other belief groups that had developed in a number of countries in the OSCE region in the aftermath of the Cold War. Efforts of improving religious liberty in former communist countries were discussed, as well as the need for spending time and attention on countries farther west, like France, Belgium, and Austria, in which concern for religious minorities was also expressed. Witnesses testifying at the briefing – including Willy Fautre, Director of Human Rights without Frontiers and James McCabe, Assistant General Counsel of Watchtower Bible and Tract Society – examined the multi-tiered system that European countries employ regarding religion, and the different statuses and treatment of citizens based on where their religion falls within this system. The issues faced by minority religious associations, like being targeted by fiscal services, were also topics of discussion.

  • Belarus Opposition Leaders

    The Commission examined Belarus’ political situation under President Lukashenka, who, on the day of the briefing, had locked the diplomatic corps out of their residences. The briefing explored the development of what some call a dictatorship in Belarus after the fall of the Soviet Union that brought Soviet sentiment back into the political scene. The witnesses - Professor Yury Khadyka and Professor Stanislav Bogdankevich - highlighted the struggle for human rights in Belarus after 1991, when anti-communist rhetoric became a popular national value and during which personal freedom did not was excluded. They also addressed the lack of economic progress under Lukashenko, which goes unnoticed by Western governments.  

  • Status of the Russian Religious Law

    Congressman Chris Smith and other lawmakers criticized the Russian Federation law on freedom of conscience and religious organizations signed by Boris Yeltsin for the threats it posed to religious liberty for minority religious faith. The scope of the law, including the terms of its formal implementations regulations and its actual implementation on the ground were topics of discussions. Those who testified at the briefing provided their insights on this law, its status at the time, and their perspective of developments in Russia in light of the law. Dr. James Billington, a distinguished author and Russian scholar, spoke to the decline in the standard of living and social services that the Russian people had suffered in the post-Soviet era. Another witness, Dr. Anatoly Pchelintsev, Director of the Christian Legal Center of the Institute on Religion and Law in Moscow, attributed the existence of the law to the tide of nationalist and Communist movements that were on the rise in Russia.

  • Bosnia

    During this briefing, Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia has slow and challenging due to poor economic conditions and the continued displacement of certain populations. The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall - have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republica Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, they state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.

  • Status of Religious Liberty for Minority Faiths in Europe and the OSCE

    The purpose of this hearing, which the Hon. Christopher H. Smith chaired, was to discuss the reality of disturbing undercurrents of subtle, but growing, discrimination and harassment of minority religious believers, as opposed to discussing the widespread documentation of torture and persecution of practitioners of minority faiths. In a number of European countries, government authorities had seemed to work on restricting the freedoms of conscience and speech in much of their governments’ actions. For example, in Russia, on September 26, 1997, President Boris Yeltsin signed the law called “On Freedom of Conscience and on Religious Associations,” which blatantly violated agreements of the OSCE which the former U.S.S.R. helped to initiate. Through use of witnesses, then, attendees of this hearing, namely commissioners, gained a deeper understanding of the religious liberty violations within OSCE member countries and insight into how to best influence governments to adhere more closely to internationally accepted human rights standards.

  • OSCE Human Dimension Implementation Meeting

    The purpose of this briefing, which Helsinki Commission Chief of Staff Michael Hathaway presided over, was to provide information to the public about the U.S.’s approach to the OSCE Human Dimension Implementation Meeting, as well as to hear from two highly respected non-governmental organizations regarding issues that they believed should have been taken up in Warsaw. At the point of the briefing, already established issues at Warsaw included freedom of religion, media, association on assembly, the prevention of torture, international humanitarian law, tolerance and non-discrimination, national minorities, and the plight of the Roma. The aim in mind was to encourage improved implementation of human dimension obligations by OSCE member states. Participants in this hearing included State Department Secretary Rudolph Perina, and Holly Cartner and Adrian Karatnycky with Human Rights Watch and Freedom House, respectively.

  • What's Next, Mr. Prime Minister? Democracy Hangs in the Balance in Slovakia on Constitution's Fifth Birthday

    Mr. President, 5 years ago, the speaker of the Slovak Parliament, Ivan Gasparovic, described his country's new constitution as `an expression of centuries-old emancipation efforts of the Slovak people to have a sovereign state of their own.' He also spoke of its `supreme binding force.' Since then, the people who present themselves as the guardians of Slovakia's statehood have undermined Slovakia's constitution. This is what they have done. This May, the Ministry of Interior ignored the Constitutional Court's ruling and altered an important referendum on NATO and on the direct election of the President, effectively denying the people of Slovakia their constitutionally guaranteed right to register their views through a referendum. Defending its actions, members of the Prime Minister's party insisted that they acted in conformity with the constitution--as they interpreted it--and that they were justified in placing their views ahead of the ruling of the highest court in the land. The actions of the ruling coalition in the case of Frantisek Gaulieder makes clear that the Meciar government has a profound and fundamental disregard for the constitution of Slovakia. Then there is the case of Frantisek Gaulieder. Frantisek Gaulieder is a member of the Slovak Parliament who was removed from office because he renounced his membership in Prime Minister Vladimir Meciar's party, the Movement for a Democratic Slovakia. On July 25, the Constitutional Court confirmed that the ruling coalition's action which deprived Gaulieder of his seat was unconstitutional and violated Gaulieder's rights. But members of the Prime Minister's coalition again claimed that they, and not the Constitutional Court, have the right to determine what the constitution means, and have declined to act to restore Gaulieder to his seat in Parliament. In short, the `supreme binding force' that Ivan Gasparovic spoke of 5 years ago no longer flows from the constitution, but from the will of Vladimir Meciar. When there are differences of opinion as to what a constitution means, whether those differences arise between branches of government or between the government and its citizens, in a state operating under the rule of law, it is the job of a constitutional court to interpret what the constitution means, not the Prime Minister or Parliament. Although this principle is taken for granted in many parts of Europe, and was established early in American history by the famous Supreme Court case of Marbury versus Madison, it has apparently not yet been accepted in Slovakia. Mr. President, the Slovak Democratic Coalition has moved, four times, to convene a special session of the Parliament in order to implement the decision of the Constitutional Court and restore Frantisek Gaulieder to his seat. Four times, however, Prime Minister Meciar's coalition has boycotted their own Parliament rather than face the following dilemma: restore Gaulieder to his seat--consistent with the Constitutional Court's decision--and risk the chance that others will follow Gaulieder's example and defect from the Prime Minister's party, or vote down the Slovak Democratic Coalition's proposal to restore Gaulieder to his seat and confirm that whatever form of government exists in Slovakia, it is not constitutional democracy, at least not as we understand it. Sooner or later, the Slovak Parliament will reconvene. When it acts, or fails to act, on the Gaulieder question, we will know whether Slovakia is committed to becoming a functioning constitutional democracy. If it is not, what it will become is an isolated State under constant international pressure and scrutiny, cut off from a promising and prosperous future by the arrogance and greed of its own leaders. As Vladimir Meciar is asked in his weekly news show, what next, Mr. Prime Minister?

  • The Meaning of Yeltsin's Veto of Russia's Law on Religion

    This briefing provided an analysis of the events surrounding President Yeltsin's veto of the proposed law on religious organizations in Russia which would have effectively banned the activities of certain religious minority groups including Protestants and Catholics. The bill passed emphatically in both houses of the Russian Parliament, mounting great domestic pressure on the President to approve it. Larry Uzzell of the Keston Institute credits the blocking of the bill to international pressure from both the US and the EU, which were vocal in their opposition. Congress sent several letters to Mr. Yeltsin, including one which was signed by 160 senators and members of the House of Representatives. The discussion in the question and answer period centered around more concrete measures taken by the US Congress to persuade Yeltsin to veto the bill, including economic incentives tied to foreign aid and trade.

  • Russia’s Religion Law

    This briefing addressed Congressional concerns about a draft law regarding religion that was making its way through the Duma. Given that this draft was vetoed by President Yeltsin, the Commission took special care to highlight this act standing for religious freedom and the efforts that were made to respect and adhere to the Russia’s international commitments. Larry Uzzell of the Keston Institute provided an analysis of the events surround President Yeltsin’s recent veto of the proposed law on religious organizations in Russia. The roles of domestic and international influences in this resulting veto were each evaluated. Trends of religious freedom in Russia were also examined in the context of how much progress the defeat of this law would actually make.

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