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Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky Sanctions

Monday, May 11, 2020

WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name.

The letter reads in part:

“In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality...

“It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation...

“It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.”

The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit.

In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation.

However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name.

The full text of the letter can be found below:

Dear Mr. Secretary,

As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible.

Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality.

Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation.

Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.

Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area.

Sincerely,

Benjamin L. Cardin                                                       Roger F. Wicker
Ranking Member                                                          Co-Chairman

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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Working from a fifth-floor conference room, the team had a hard time identifying homes or local businesses officially owned by any of the hundreds of Russian oligarchs on the Swiss government’s list of sanctioned people. They struggled with Cyrillic names and often couldn’t make sense of the 300-page list, said Heinz Tännler, the financial director for the Canton, or state, of Zug. They also struggled with the implications for the local economy, added Mr. Tännler, who worries that sanctions have jeopardized his canton’s reputation as a safe place for foreign investment. “This is a very difficult time, especially for the Canton of Zug,” he said. In the end, the officials found exactly one company out of the roughly 30,000 registered in Zug that they believed was owned or controlled by a sanctioned individual. Zug’s slow start is emblematic of the country as a whole. Switzerland has pledged to punish Russia for its invasion of Ukraine. 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Switzerland’s government has rejected that kind of criticism, stressing that its adoption of EU sanctions marks a historic shift and that it is doing everything possible to hunt down blacklisted assets. “It is clear that the sheer volume of the sanctions against Russia and Belarus, as well as the speed with which they were adopted, creates certain challenges for implementing authorities, in Switzerland and elsewhere,” said a SECO spokeswoman. Western sanctions have increasingly been used to squeeze Russia since 2014, when it annexed Crimea. Since then, Mr. Putin and a tight circle of allies have been exploiting gaps in the global financial system to evade blacklists and hide wealth overseas. Despite Switzerland’s status as a global financial hub, the country’s regulators are hamstrung by limited resources—SECO had just 10 officials fully dedicated to sanctions until recently, when the government hired five more. Their work is also frustrated by an old structural problem: The business of registering companies remains a hive of secrecy, making it difficult to identify ultimate ownership of assets, according to Western diplomats. Swiss bankers and transparency campaigners say billions of dollars of Russian clients’ assets have been transferred to the names of spouses and children in recent years—a phenomenon that accelerated in the run-up to the war, they say. The Gateway The Putin regime’s presence in Zug can be traced to the early days of his presidency, and a ceremony in the canton’s sprawling art nouveau palace, Theatre Casino. While Russia’s military was bombing the restive republic of Chechnya, Mr. Putin was awarded the 2002 “Zug Peace Prize” by the Nuclear Disarmament Forum, an organization of influential local businessmen that has since disbanded. The meeting, attended by business and political leaders close to the Kremlin and serenaded by the Russian National Orchestra, heralded the flourishing of Russian commodity trading in the town, according to local politicians. Many oligarchs have businesses in Zug that remain untouched by sanctions. They include Mr. Abramovich, the largest shareholder of Evraz PLC, a Russian steelmaker and mining company that has a trading arm in the canton. Evraz was sanctioned in the U.K., where it traded on the London Stock Exchange, but hasn’t been sanctioned in Switzerland or the EU, even though Mr. Abramovich has. Not far from Zug, in Winterthur, is the headquarters of Sulzer AG , an engineering company that is 48.8%-owned by Russian billionaire Viktor Vekselberg, who is sanctioned by the U.S. and the U.K. When Poland sanctioned Sulzer’s operations, the Swiss embassy in Warsaw unsuccessfully lobbied the Polish government to reverse the move, according to a Polish government official and the Swiss department of foreign affairs. Sulzer said Poland’s decision was wrong given that Mr. Vekselberg is just a minority shareholder and neither owns nor controls the company. Sulzer isn’t sanctioned anywhere else, a spokesman said. Representatives for Mr. Abramovich and Evraz didn’t reply to requests for comment. The SECO spokeswoman said the agency is in close contact with the U.K. authorities about sanctions, but “is not bound by their assessment.” A spokesman for the department of foreign affairs said that under Swiss law the government can assist Swiss companies abroad, and that sanctioning Sulzer’s Polish subsidiaries threatened jobs and hurt Sulzer clients. U.S. and European officials say they are counting on the Swiss government to find which companies and homes in Switzerland belong to sanctioned Russian oligarchs and freeze them. Switzerland’s history of financial secrecy, enshrined in its law, can make it exceedingly difficult to identify who owns what. Under Swiss legal precedent, lawyers can still open a company on behalf of a client and claim attorney-client privilege to block authorities from uncovering that person’s identity. That, officials say, hinders them from finding more companies whose accounts should be frozen under sanctions. It is also an obstacle for banks with small compliance teams. Swiss business registries don’t require firms to list true owners, which are often hidden by opaque companies in Switzerland held by trusts in financial havens, a loophole exploited by businessmen from Russia and elsewhere eager to mask the true ownership of their assets, according to Swiss opposition politicians and advocates for financial reform. “A Swiss lawyer hides the name of the beneficial owner in his vault, and there’s no way the Swiss authorities can get to the name,” said Mark Pieth, a former head of the Organization for Economic Cooperation and Development’s bribery division now at the Basel Institute on Governance. “The government has deliberately tied its own hands behind its back.” EuroChem Trusts came into play earlier this year when Switzerland, following the EU’s lead, sanctioned Andrey Melnichenko, one of Russia’s richest oligarchs and a longtime Swiss resident. On March 9, the EU added Mr. Melnichenko’s name—No. 721—to its blacklist, describing him as part of the “closest circle of Vladimir Putin ” and involved in businesses vital to the government. It mentioned a meeting he attended in Moscow with Mr. Putin in the first hours of Russia’s invasion of Ukraine, along with 35 other oligarchs. In Italy, police seized his sailing yacht, the world’s largest. Left untouched was EuroChem AG, a company founded by Mr. Melnichenko in 2001 that grew into one of the world’s top producers of fertilizer, with revenue last year of $10.2 billion. Based in a small glass tower in Zug nicknamed the Dallas Building, the company is deeply entwined in the supply chains of Europe’s largest chemical giants. The day before the sanctions were announced, the tycoon disclaimed his interest in a Cyprus trust that held the company, according to a document signed by EuroChem’s chief financial officer. That left Mr. Melnichenko’s wife, Aleksandra, a former Serbian pop star, as the trust’s sole beneficiary. “Given that Mr. Melnichenko no longer owns, holds or controls any funds and economic resources of EuroChem Group…neither EuroChem Group nor any member of EuroChem Group are subject to EU asset freeze measures,” stated a document viewed by The Wall Street Journal. EuroChem lawyers also wrote to SECO that the company wouldn’t provide economic resources to Mr. Melnichenko or pay dividends to his wife. On March 28, SECO rendered its judgment: EuroChem didn’t need to have its assets or bank accounts frozen. Officials in Zug followed suit. Mr. Tännler, the canton’s financial director, bridled at criticism that local officials aren’t looking hard enough. “I think people know that we did a good job, that we did what we can do,” he said. He washed his hands of the EuroChem decision. “SECO made a determination that EuroChem is clean,” Mr. Tännler said. The European Commission in June countered that decision, ruling that Ms. Melnichenko was unduly benefitting from her husband and should be sanctioned. Switzerland then followed suit, blacklisting her but leaving EuroChem untouched. Credit Suisse, which needs to answer to tougher U.S. regulators because of its U.S. dollar business, has frozen the accounts EuroChem held at the bank. A spokesman for the couple said Mr. Melnichenko considers the sanctions against him unjust. “The formal justifications are nonsense,” said the spokesman, who denied that Mr. Melnichenko is a member of Mr. Putin’s inner circle or provides substantial revenue to the Russian government. Ms. Melnichenko has appealed to the Council of the European Union, saying the sanctions against her have complicated EuroChem’s ability to sell fertilizer, “leading to the famine and death of millions of people.”

  • Black Sea Security Summit

    On the heels of the 2022 NATO Summit in Madrid, on July 1 the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, convened its first-ever multilateral dialogue among key regional allies and partners on Black Sea security. At this historic event on the shores of the Black Sea, members of the U.S. Congress, senior-level government officials from the region, and key international partners came together in a roundtable format to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation.   Co-chaired by Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania, the summit featured a timely and collaborative exchange exploring major themes pertaining to regional security challenges: confronting Russian aggression and the relevance of the Black Sea to Euro-Atlantic security. The co-chairs were joined by senior-level regional government officials and a bipartisan delegation of members of both the U.S. Senate and the U.S. House of Representatives, including Sen. John Cornyn, Rep. Joe Wilson, Rep. Richard Hudson, Rep. Ruben Gallego, Rep. John Garamendi, Rep. Robert Aderholt, and Rep. August Pfluger. Other participants included: Romania Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania State Secretary Simona Cojocaru, State Secretary and Chief of the Department for Defense Policy, Planning and International Relations, Ministry of Defense of Romania MP Pavel Popsescu, Member of the Romanian Parliament; Chair, Defense Committee MP Ana Cătăuță, Member of the Romanian Parliament Ukraine Deputy Minister Oleksandr Polishchuk, Deputy Minister of Defense of Ukraine MP Alexander Goncharenko, Member of the Ukrainian Parliament Bulgaria Deputy Minister Yordan Bozhilov, Deputy Minister of Defense of Bulgaria Ambassador Radko Vlaykov, Ambassador of Bulgaria to Romania MP Kaloyan Ikonomov, Member of the Bulgarian Parliament; Chair, Bulgaria – USA Friendship Group Georgia First Deputy Minister Lasha Darsalia, First Deputy Minister of Foreign Affairs of Georgia Ambassador Nikoloz Nikolozishvili, Ambassador of Georgia to Romania Turkey Ambassador Füsun Aramaz, Ambassador of Turkey to Romania NATO Deputy Secretary General Mircea Geoană, Deputy Secretary General of NATO U.S. European Command Major General Jessica Meyeraan (USAF), Director of Exercises and Assessments, U.S. European Command Relevance of the Black Sea to Euro-Atlantic Security During the summit, participants underscored the importance of security in the Black Sea littoral in the face of Russian aggression. Deputy Secretary General of NATO, General Mircea Geoanӑ, emphasized the importance of the Black Sea to Euro-Atlantic security, stating that the region reflects “broader competition between revisionist and brutal and aggressive Russia and our democratic world.” According to General Geoanӑ, NATO is committed to supporting Ukraine through military, financial, and humanitarian means and providing security in the Black Sea littoral that reestablishes freedom of movement, shipping, and navigation. Bulgarian Deputy Minister of Defense, Yordan Bozhilov noted that the Russian invasion of Ukraine “has far-reaching destabilization implications at the regional level and beyond,” including the resulting energy and food crises. Georgian First Deputy Minister of Foreign Affairs, Lasha Darsalia, emphasized the political, economic, and security importance of the Black Sea region to Georgia and highlighted increased security in the region as an opportunity to increase “international cooperation and connectivity.”  He recalled Georgia’s support for Ukraine in the face of Russian aggression, characterizing the invasion of Ukraine as another step in Russia’s malign attempt to control the Black Sea region. U.S. Representative August Pfluger stressed the importance of the Black Sea region to energy security in the pursuit of decreasing dependence on Russian energy. Confronting Russian Aggression Throughout the summit, participants called for increased unity to confront Russian aggression. Ukrainian Member of Parliament, Alexander Goncharenko, requested a stronger NATO and US presence in Ukraine, after powerfully highlighting Ukrainian bravery in the face of Russian hostility. In reference to Russia’s weaponization of Ukrainian grain supply and the expansion of NATO, Gonchareko stated, “It is very good that the free world is finally uniting, but we must show strength. The first place we must show strength is in the Black Sea, as a humanitarian mission, to save millions of people. Thousands are killed in Ukraine, but millions will die from starvation.” Turkish Ambassador to Romania Füsun Aramaz underscored her country’s support of Ukrainian sovereignty. She acknowledged the common security goals of all participants at the summit and desires close alignment with NATO, but warned against over-militarization of the region, citing a potential to violate the Montreux Convention. “More vessels at sea or more fighter aircraft in the air alone do not mean more deterrence or stronger defense,” she stated. U.S. Major General Jessica Meyeraan of the United States European Command explained that the United States is supporting Ukraine by increasing understanding of Ukrainian security assistance requirements and “collaborating across over 40 nations to understand how we can quickly and effectively satisfy those security cooperation requirements.” Minister Aurescu explained that the projects that maintain regional security structures are the result of bilateral relationships between the United States and various littoral states and are essential in the face of Russian aggression and illiberalism that has resulted in regional and global crises. He also called to “increase the scale and visibility of the U.S. presence in the region,” beyond just a military presence through the creation of a multifaceted strategy based on strategic resilience. Rep. Hudson noted that “NATO stands ready” in the face of increasing threats in the region. In addition, Rep. Gallego emphasized the importance of deterrence by denial, clarifying that this sort of offensive is only possible through a completely integrated defensive approach.

  • HELSINKI COMMISSION DIGITAL DIGEST JUNE 2022

  • Helsinki Commission to Convene Black Sea Security Summit in Constanta, Romania

    WASHINGTON—On the heels of the 2022 NATO Summit in Madrid, on July 1 the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, will convene its first-ever multilateral dialogue among key regional allies and partners on Black Sea security. At this historic event on the shores of the Black Sea, members of the U.S. Congress, senior-level government officials from the region, and key international partners will come together in a roundtable format to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation. BLACK SEA SECURITY SUMMIT A Roundtable Dialogue Hosted by the Commission on Security and Cooperation in Europe Friday, July 1, 2022 1:00 p.m. (UTC+3) Constanța Art Museum Constanța, Romania Watch Live: https://youtu.be/DZskl6-k6No The Black Sea Security Summit plenary will feature a timely and collaborative exchange across two sessions exploring major themes pertaining to regional security challenges: Session 1: Confronting Russian Aggression Session 2: Relevance of the Black Sea to Euro-Atlantic Security The Black Sea Security Summit will be chaired by Helsinki Commission Ranking Member Sen. Roger Wicker (MS), who will be joined by a bipartisan delegation of members of both the U.S. Senate and the U.S. House of Representatives. Regional participants include: Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania State Secretary Simona Cojocaru, State Secretary and Chief of the Department for Defense Policy, Planning and International Relations, Ministry of Defense of Romania Minister Oleksii Reznikov, Minister of Defense of Ukraine First Deputy Minister Lasha Darsalia, First Deputy Minister of Foreign Affairs of Georgia Deputy Minister Yordan Bozhilov, Deputy Minister of Defense of Bulgaria Ambassador Füsun Aramaz, Ambassador of Turkey to Romania Ambassador Radko Vlaykov, Ambassador of Bulgaria to Romania MP Alexander Goncharenko, Member of the Ukrainian Parliament MP Kaloyan Ikonomov, Member of the Bulgarian Parliament; Chair, Bulgaria – USA Friendship Group Deputy Secretary General Mircea Geoană, Deputy Secretary General of NATO Major General Jessica Meyeraan (USAF), Director of Exercises and Assessments, U.S. European Command Members of the media must email stuparsa@state.gov in advance to attend this event. Preregistration closes Thursday, June 30, at 12:00 p.m. (UTC+3).

  • Helsinki Commission Applauds European Commission Recommendation to Grant Ukraine and Moldova Candidate Status

    WASHINGTON—Following the European Commission’s recommendation that Ukraine and Moldova be granted EU candidate status, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We applaud the historic decision of the European Commission to recommend EU candidate status for Ukraine and Moldova. All countries have the sovereign right to choose their own alliances and determine their own foreign policies. The people of Ukraine and Moldova have long cherished the dream of integration with the Euro-Atlantic West. The European Commission’s recommendation rewards their persistent efforts to pursue these aspirations, even in the face of relentless Russian aggression.  “The people of Georgia also have sacrificed much for their European identity over several decades, despite Russian warmongering and the challenges of painful reforms. They have demonstrated that they can rise to the challenge if and when the path is clear.  We believe they too should be offered an equally concrete roadmap to EU membership.  “Ahead of this week’s European Council meeting, we encourage our European friends to grant all three countries candidate status. The path to liberal democracy is never without occasional setbacks and detours, and always in need of vigilance, careful effort, and compromise. We believe candidate status will give all three countries a fighting chance in their common European dream.” On June 17, the European Commission recommended that Ukraine, Moldova, and Georgia be provided pathways to EU membership and that Ukraine and Moldova be conferred candidate status with conditions. On June 23 – 24, the European Council will make its final decision regarding the three countries’ pending applications for EU membership.

  • Long Shadow of Russian Money Raises Tricky Questions for Swiss Bankers

    January used to be a big month for Swiss bankers and their Russian clients. Many of the Moscow elite had made a tradition of coming to the Alps for the orthodox new year, skiing with their families, then catching up with their financial consiglieri. In St Moritz, one banker recalls how he would book blocks of rooms for his clients. He would entertain them with snow polo, rolling out the charm as they clinked champagne glasses and watched horses charge across a frozen lake. This year he couldn’t tempt a single one. For the best part of a decade, Russian money has coursed through the Swiss banking world. But, as Russia’s relationship with the west has soured in recent years, what was once a source of bumper new profits for Switzerland’s banks has become a financial and reputational risk. In the run-up to Russia’s invasion of Ukraine in February, many wealthy Russians were moving to better safeguard their money from political interference, putting assets in the names of relatives or shifting them to less closely scrutinised jurisdictions, such as Dubai. In its wake, a vast sanitisation operation is under way at Swiss banks, to try and wind down relationships with sanctioned individuals. Neutral Switzerland has matched all of the EU’s punitive financial measures against Russia. More than 1,100 of the Russian elite — including figures such as coal and fertiliser billionaire Andrey Melnichenko and banker Petr Aven, both regular visitors to Switzerland — have become financial personae non gratae in a country many had assumed would keep their fortunes safe. The biggest banks, such as the publicly listed trio of UBS, Credit Suisse and Julius Baer, have declared they will cease all new business in Russia. For critics, though these are weasel words. It is their existing Russian clients that are the problem. No one is expecting many new fortunes to be minted in Russia any time soon. “Switzerland has a terrible history when it comes to Russian dirty money,” says Bill Browder, a longstanding Kremlin critic and a former Russian investor. He is sceptical of how much commitment there is among Swiss bankers to enforcing sanctions. “The Swiss want to be seen as doing something, but they don’t actually want to do anything,” he says. The US Helsinki Commission, an independent US government agency that observes human rights and the rule of law in Europe, agrees. In a report issued in May, it labelled the alpine state and its banks “a leading enabler of Vladimir Putin and his cronies”. The Swiss government responded by calling US secretary of state Antony Blinken in protest. A spokesperson for the Swiss government said president Ignazio Cassis “rejected the [report] in the strongest possible terms”. Like their counterpart in St Moritz, Swiss bankers the FT interviewed for this story all declined to be identified. Many more refused to speak at all. Switzerland’s banking secrecy laws are draconian — talking about clients can earn a lengthy jail term — and talking about Russian clients is even more taboo. “When we were onboarding a lot of these clients [in the 2000s], the entire approach was just very different. And you can’t really say that publicly now,” says one former banker who handled eastern European and Russian clients until retiring two years ago. “These [Russians] were people who had earned so much money, so quickly, that they didn’t know what to do with it. They were basically ideal clients. As long as you had no questions about where that money had come from . . . and, basically, we didn’t.” Quite how much Russian money there is in Switzerland is open to question. In March, the industry body representing Switzerland’s banks, the Swiss Bankers Association (SBA), caused a stir when it released details of a study estimating there was SFr150bn-SFr200bn ($154bn-$205bn) held in accounts for Russian citizens. At the end of last year, the total cash held on behalf of customers by Switzerland’s banks was SFr7,879bn, more half of which was wealth from abroad, according to the SBA. The disclosure prompted hand-wringing in the Swiss media. Commentators, even at conservative outlets such as the newspaper Neue Zürcher Zeitung, asked whether Switzerland should do business with autocratic regimes anywhere in the world any more. But others in the country have defended its economic relationships with Russia. The outspoken finance director of the canton of Zug, an important low-tax centre, said in March it was not his job to “act like a detective” and make judgments on Russian assets. In April, he announced that Zug, home to 37,000 companies, had no sanctioned assets to report back to Bern. Nevertheless, by April, the State Secretariat for Economic Affairs (SECO) announced that it had frozen SFr9.7bn of Russian assets. Authorities have insisted that the amount is proportionate to the scale of asset freezes in other leading financial centres. But Bern has been forced to row back in some cases, and in May it announced it was unfreezing SFr3.4bn of funds. Switzerland cannot freeze funds “without sufficient grounds”, says Erwin Bollinger, a SECO official, who adds that the government has received data on sanctioned accounts at more than 70 of the country’s banks. Direct disclosure by the banks has been patchy. Credit Suisse chief executive Thomas Gottstein told a conference in March that about 4 per cent of assets in his bank’s core wealth management business were Russian — a proportion that would equate to roughly SFr33bn. Meanwhile, UBS, the world’s largest private wealth manager, has disclosed it has $22bn of assets of “Russian persons not entitled to residency in the European Economic Area or Switzerland”, leaving open the question of how much it holds overall. Some 16,500 Russians are permanently resident in Switzerland, and more Russians are accepted for Swiss citizenship than any other nationality, according to the State Secretariat for Migration. Julius Baer has made no direct disclosure of the size or wealth of its Russian client base, though it has said, somewhat elliptically, that the value of assets held by its Moscow-based subsidiary is some SFr400mn. Information from the dozens of other smaller Swiss private banks is even scantier. Even leading industry figures wonder what is being left unsaid. One executive, who for the past two decades has been a senior figure in the private banking world in Switzerland, says he has almost no doubt that the significance of many banks’ close working relationships with sanctioned individuals is being underplayed. “You don’t have dozens and dozens of people employed on your Russia desks if you are not making money in Russia,” he says. Moreover, he adds, many Russian clients have done their business through Swiss banks’ subsidiaries abroad, such as those in Monaco, London or Asia. It is not clear to him whether all these assets have been caught by the Swiss rules. Swiss banks have a legal obligation to record the ultimate beneficial owners of all assets they handle worldwide, but doing so accurately can be tricky in jurisdictions where it is easy for third parties to mask who the owners are. Switzerland’s banks have moved dramatically from the freewheeling approach of previous years, when there was “a run on Russia”, says Thomas Borer, a former leading Swiss diplomat turned consultant, who has worked with prominent Russian clients. He now supports Switzerland’s sanctions policy. “Being militarily neutral does not mean being economically indifferent,” he says. But he argues that Swiss banking culture is still very different from elsewhere in the west. Even the biggest banks, he says, were clinging to relationships with Russian clients as the Ukraine crisis unfolded. The Financial Times revealed that, as late as March, Credit Suisse was asking investors to destroy documents that might expose Russian oligarchs it had done business with to legal risks. One senior relationship manager at a Zurich-based bank agrees. Even as sanctions came in, he says, the dominant approach was to ask, “how can we make this work for the client?” rather than “how do we do this for the government?”. But he defends the approach, saying: “Doing everything you can for your client is a Swiss commitment to excellence. If I was a watchmaker I would want to make the best watches with many complications. And if I was a policeman, then maybe I would want to be the best at catching Russian criminals. But I’m a banker.” There is still legal ambiguity in Switzerland over whether sanctions apply to family members and friends of listed individuals. This has provided a loophole bankers have helped at-risk clients to actively exploit in recent years. Swiss banks have seen “billions” of assets transferred to the names of spouses and children of Russian clients, in a trend that accelerated in the run-up to the war, says one banker. One bank chief executive admitted recently to the FT that there were many “grey areas” in applying sanctions. Part of the problem, he said, was that bank legal departments were struggling to obtain clarity from Bern on which asset transfers were deemed to be evading sanctions and which were not. Many who have been in the industry for a long time decry the new rules they must follow around taking new clients and being certain of the source of their wealth. “Know your customer used to mean just that: do you know the person? Now it is supposed to mean: do you know every little thing about their financial and private life?” says one Geneva-based banker. Many Russians themselves knew the banks were no longer safe havens, particularly since 2018 when Swiss banks began making significant concessions to information sharing on client accounts with other governments. Swiss residency did not protect billionaire Viktor Vekselberg in 2018, for example, when he was targeted by US sanctions; both Credit Suisse and UBS moved to terminate loans with him. The SBA says its members adhere to the highest international standards. Chief executive Jörg Gasser, argues Swiss banks have “no interest in funds of dubious origin” and have rigorous procedures in place to rapidly screen for sanctioned assets. “Swiss banks have been — and still are — very careful and diligent when it comes to accepting client funds,” he says, adding it is important to recognise the huge amount of legitimate business done with Russian entrepreneurs who are not subject to sanctions. For Mark Pieth, emeritus professor of criminal law at the University of Basel and a specialist in white-collar crime, the real story of the past decade is how Switzerland’s lawyers, rather than its bankers, have become the facilitators of hidden foreign money. “Swiss bankers were extremely cosy with Russians in the past,” he says. “Alongside London, this country was the porch for Russians into the west . . . but now I wouldn’t say the problem is so much with the banks — it is all the other intermediaries.” Swiss law gives remarkable sweep to attorney-client privilege, says Pieth, meaning lawyers can refuse to disclose almost anything to the authorities about their clients. The Swiss Bar Association strongly rejects this. “Professional secrecy does not protect against criminal acts,” it says. “Lawyers know the law and know what to do.” One senior industry figure defends the banks’ position unapologetically. He says everybody now wants to know the origins of their luxury jackets. But 10 years ago nobody was asking where they were made, by whom and with what materials. In banking, as in fashion, things have changed, he says, but nobody is haranguing the fashion world in the same way they are criticising banks. Fashion companies, though, have moved with the times and opened up, whereas Switzerland’s banks, for all their insistence on change and compliance, still want to maintain as much of the secrecy surrounding their clients as possible — even at a time of international crisis.  

  • European Energy Security Post-Russia

    Russia is weaponizing energy to prolong its unlawful invasion of Ukraine. Unfortunately, the sanctions that Europe and the United States have put in place have not been enough to curb Russian aggression thus far and the European Union pays Russia almost a billion euros a day for energy resources—mostly gas— that fund the Russian war machine.  Germany, in particular, has struggled to move away from its dependence on Russian gas. At the start of the Russian invasion of Ukraine, Germany imported 55 percent of its gas from Russia. As of June 2022, Russian gas imports had decreased to 35 percent, with a goal to decrease to 10 percent by 2024, but progress is slow and buying any energy from Russia means that Germany continues to fund their unlawful invasion. Dr. Benjamin Schmitt, Research Associate at Harvard University and Senior Fellow at the Center for European Policy Analysis, pointed to the resurgence of Ostpolitik, a German diplomatic theory which seeks to build relationships and spread good governance through trade. First introduced in the Cold War era, Ostpolitik was put into action once more in the early 2000s by former Chancellor Gerhard Schroeder, who became infamous for lobbying for Kremlin-backed projects in office and for sitting on the board of the Russian state-owned energy company, Gazprom, after leaving office. However, Russia attempted to leverage such projects, including the Nord Stream 1 project and its ultimately bankrupted predecessor, Nord Stream 2, to increase the vulnerability of Western Europe toward Russia. According to Dr. Constanze Stelzenmüller, Senior Fellow at Brookings Institution, domestic political will exists in Germany to diversify energy sources, even if most are wary of making those changes immediately. German polling shows that one-third of Germans are willing to cut off Russian gas immediately, while two-thirds would prefer a slow gradual decrease in gas. Dr. Stelzenmüller explained that if Germany were to immediately cut off Russian gas supplies, it is likely that a recession would affect not only Germany, but also many surrounding Eastern European countries, most of which have less capacity to manage a recession. She stated, “Much of [Germany’s] manufacturing supply chains go deep into Eastern Europe. So, a recession in Germany would absolutely produce a massive, and perhaps worse, recession in our neighboring economies.”  Any actions taken against Russia should ensure that sanctions hit Russia harder than those countries imposing the sanctions. Mr. Yuriy Vitrenko, CEO of Naftogaz Ukraine, and Dr. Schmitt also emphasized the importance of the following recommendations outlined in the REPowerEU plan, the European Commission’s plan to make Europe independent from Russian energy before 2030, and the International Working Group on Russia Sanctions Energy Roadmap: Full European/US embargos on Russian gas. Creation of a special escrow account that will hold net proceeds due to Russia until the Kremlin ceases all hostilities. Diversification of energy dependance away from Russia through energy diplomacy that identifies other potential suppliers, like Qatar. Funding and construction of energy infrastructure around Europe. Termination of Gazprom ownership of all critical energy infrastructure in Europe. Designation of Russia as a state sponsor of terrorism, which would automatically trigger secondary sanctions on any country that imports Russian goods. Sanctioning of all Russian banks. Strengthening of Ukrainian capacity to participate in the energy sector through the creation of modern energy infrastructure during the post-war reconstruction period. Pass the Stop Helping America’s Malign Enemies (SHAME) Act, banning former U.S. government officials from seeking employment by Russian state-owned-enterprises, or Schroederization. Related Information Witness Biographies

  • European Energy Security Focus of Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: EUROPEAN ENERGY SECURITY POST-RUSSIA Tuesday, June 7, 2022 2:30 p.m. Watch live: www.youtube.com/HelsinkiCommission The United States and European allies have largely cut Russia out of the global economy following its full-scale invasion of Ukraine. However, given European reliance on Russian natural gas and oil, sweeping energy sanctions have lagged. The European Union spends nearly a billion euros a day on Russian energy, and several EU Member States are struggling to wean themselves off Russian resources in order to implement a full embargo. This hearing will examine plans to create a Europe that is wholly free from Russian oil and gas. Witnesses will discuss the importance of a robust energy embargo to starving the Russian war machine; options to ensure that Ukraine’s energy needs are met; alternative sources of energy for Europe; and the perspective of Germany, which plays an outsize role as the most powerful economy in Europe and a primary consumer of Russian natural resources. The following witnesses are scheduled to participate: Yuriy Vitrenko, CEO, Naftogaz Ukraine Constanze Stelzenmüller, Senior Fellow, Brookings Institution Benjamin Schmitt, Research Associate, Harvard University; Senior Fellow, Democratic Resilience Program at the Center for European Policy Analysis

  • Helsinki Commission Digital Digest May 2022

  • Why I’m Sad to Be on Russia’s All-Purpose Payback List

    Reading Russia’s latest sanctions list, permanently banning travel to the country by 963 people, saddened me — and not just because my name is on it. It’s a catalogue of hurt from a nation that seems ready to blame everybody but its leaders for its current troubles. The list is very long indeed, running to nearly 100 pages in my printout. Reading so many names, you sense that Russia is deliberately burning nearly all its bridges to the United States. Russia’s ruling elite feels abused by American politicians, business leaders, journalists, judges, think tanks — nearly everyone, it seems. Donald Trump can still visit Moscow, but scores of Republican members of Congress can’t. The list of excluded GOP senators ranges from moderates such as Roy Blunt of Missouri and Mitt Romney of Utah to hard-right stalwarts Ron Johnson of Wisconsin and Tom Cotton of Arkansas. The GOP doesn’t fare much better in the House. Moderates Liz Cheney of Wyoming and Mike Gallagher of Wisconsin can’t tour the Kremlin anymore, but neither can Jim Jordan of Ohio or Marjorie Taylor Greene of Georgia. As for Democrats, forget about it. The sanctions list includes the Democratic House leadership, including Speaker Nancy Pelosi of California, Majority Leader Steny H. Hoyer of Maryland and Democratic Whip James E. Clyburn of South Carolina. The Congressional Progressive Caucus can save its rubles, too. The members of “the Squad” are all banned. So are Pramila Jayapal of Washington state and Ro Khanna of California. It’s the same on the Senate side. Majority Leader Charles E. Schumer of New York and Whip Richard J. Durbin of Illinois: Nyet, nyet.

  • Helsinki Commission on Sanctions Extended by Russia on Commissioners and Staff

    WASHINGTON—After Saturday’s announcement by the Russian foreign ministry that the latest list of Americans permanently banned from traveling to Russia includes all members of Helsinki Commission leadership, the overwhelming majority of commissioners, and nearly 20 current and former commission staff members, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “The Helsinki Commission and our professional staff have worked consistently throughout our history to ensure that all OSCE participating States—including Russia—live up to their commitments to human rights and the rule of law. Clearly our work has made a significant impression on Russian dictator Vladimir Putin and his cronies, if even staff who left the commission years ago are being sanctioned by the regime. With these actions to bar travel to Russia by experts on the country, Putin continues his campaign to isolate Russians from the international community. “We will continue to hold Russia to account for its clear, gross, and uncorrected violations of the Helsinki Final Act, including the war crimes committed during its invasion of Ukraine, its suffocation of free media and civil society domestically, and its egregious attempts to undermine democracy across the OSCE region.”   While this latest list is one of the largest issued by Russia, Chairman Cardin and many other members of the Helsinki Commission had previously been barred from traveling to Russia.

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