House Majority Leader, Helsinki Commissioners Decry Efforts to Shutter Community Center in HungaryMonday, August 19, 2019
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.
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A Push to Let the U.S. Charge Foreign Officials With BriberyMonday, August 19, 2019
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 ActFriday, August 02, 2019
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).
Hastings and Wicker Condemn Police Crackdown on Russian Pro-Democracy Protesters and Opposition Leader Alexei NavalnyTuesday, July 30, 2019
WASHINGTON—Following violent police crackdowns on protesters during a weekend of pro-democratic demonstrations in Moscow, as well as the arrest of Russian opposition leader Alexei Navalny days before the protest and his subsequent hospitalization, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We condemn the extraordinary use of force by riot police against peaceful protesters in Moscow seeking a free and fair electoral process. Ahead of the upcoming September 8 municipal elections, we hope that the citizens of Russia will be able to exercise their rights to participate freely in the democratic process, including voicing their opinion about the transparency of the system of voting and nomination of candidates. “We also are concerned about the health of opposition leader Alexei Navalny, who was arrested on Wednesday, July 24, and subsequently hospitalized following an unknown ‘allergic reaction.’ We will be monitoring the situation closely.” Last weekend, thousands of Russian people took to the streets of Moscow to protest the exclusion of several opposition candidates from the ballot for upcoming City Duma municipal elections on September 8. On July 24, Russian opposition leader Alexei Navalny was arrested, reportedly for his plans to lead the protests. On Sunday, July 28, Navalny’s spokeswoman Kira Yarmysh announced that Navalny suddenly had been hospitalized while in government custody.
INVASION AND REVISIONMonday, July 22, 2019
By Annie Lentz, Max Kampelman Fellow The Soviet-Afghan War, which lasted for more than nine years, began with the December 1979 invasion following a Soviet-orchestrated coup and the subsequent appointment of Soviet loyalist Babrak Karmal as president of a communist Afghan government. The coup was a direct violation of international law and global norms as Afghanistan was—and remains—a sovereign and independent nation. In June 1981, two Mujahideen insurgent coalitions—one moderate, one fundamentalist—formed to combat Soviet influence over the Democratic Republic of Afghanistan. These new groups contributed to an increase in organized, effective guerilla attacks against Soviet forces, leading to the eventual Soviet withdrawal from the country following their failure to quell the Mujahideen insurgency. Four years earlier, the Soviet Union signed a collection of international agreements—including the Helsinki Final Act—committing to respect the rights of sovereign nations. By signing the Helsinki Final Act, the Soviet Union and 34 other countries pledged to refrain from exercising the threat or use of force, to observe the rights of peoples to self-determination, and to accept international principles of conduct, all commitments that the Soviet Union violated by invading Afghanistan. On July 22, 1981, during the early stages of the Soviet-Afghan war and shortly after the mobilization of the new Mujahideen coalitions, the U.S. Helsinki Commission held a hearing, “Soviet Violation of Helsinki Final Act: Invasion of Afghanistan,” to examine how the Soviet invasion of Afghanistan was not only a violation of international law but also of the terms of the Helsinki Final Act. Then-Chairman Rep. Dante Fascell chaired the hearing, saying, “The Soviet invasion has clearly undermined the spirit and intentions of the principles embodied in the Final Act. Most importantly the invasion of this formerly independent state has severely damaged the international climate and has done great harm to East-West relations.” Rep. Don Bonker, then-Chairman of the House Subcommittee on Human Rights and International Organizations, noted, “There is hardly a single international agreement, treaty, rule of law, custom or civilized behavior that the Soviets have not violated during their bloody occupation and suppression of the Afghan population.” He went on to urge the Reagan administration to use U.S. allies to convince the Soviets that an independent Afghanistan was in the best interest of all parties. Prior to the Helsinki Commission hearing, the international community’s response to the Soviet Union had been growing more severe. On top of escalating sanctions and embargoes which exasperated tensions from the Cold War, in 1980, the U.S. led a boycott of the Summer Olympics hosted in Moscow. In 1984, the Soviet Union did the same to the Summer Olympics in Los Angeles. The retaliatory actions continued through the end of the war, deepening the strain between the U.S. and the Soviet Union. Despite the signing of the Geneva Accords (1988), an international agreement aimed to resolve the situation in Afghanistan, the Mujahideen refused to accept the terms and continued fighting until Soviet forces (or the Soviet military) withdrew in 1989. The conflict resulted in upwards of two million civilian casualties and forced 5.5 million Afghans to flee as refugees. The failure of Soviet forces to win the war or quell the Mujahideen insurgency is thought to have contributed to the collapse of the Soviet Union. The failure to win the Cold War proxy battle having an extensive impact on Soviet politics and the perceived legitimacy of the Soviet government. The Soviet-Afghan War left the Afghan government in ruins. It would take years for significant progress to be made, and even then, the deteriorated state of the government and the economy left the country susceptible to extremist groups. In 1999 the United Nations Security Council adopted Resolution 1267 to combat terrorist entities in the country, including the Taliban, which can trace its origins to the aftermath of the Soviet-Afghan War. Unfortunately, the UN’s efforts proved insufficient, allowing for the rise of Al-Qaeda and other extremist groups. For the past few decades, the Helsinki Commission has worked closely to promote human rights and security in Afghanistan, holding hearings to support the country’s progress and recovery. The Commission has also worked to ensure the U.S. upholds its own international commitments. The Russian Government remembers the conflict differently. The Kremlin is using the 30th anniversary of Soviet troop withdraw for political gains, passing legislation this year to subsequently justify the conflict. Such legislation continues Vladimir Putin’s trend of historical revisionism and deepens the divide between the Kremlin’s political narrative and history.
Representatives Keating and Fitzpatrick Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) ActThursday, 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.
OSCE Representative on Freedom of the Media Harlem Desir to Appear at Helsinki Commission HearingWednesday, July 17, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: STATE OF MEDIA FREEDOM IN THE OSCE REGION Thursday, July 25, 2019 3:00 p.m. to 5:00 p.m. Capitol Visitor Center Room HVC-210 Live Webcast: www.youtube.com/HelsinkiCommission Journalists working in the 57 participating States of the Organization for Security and Cooperation (OSCE) are facing increased risks to their lives and safety. According to a new report released the Office of the Representative for Freedom of the Media, in the first six months of 2019, two journalists have been killed and an additional 92 attacks and threats—including one bombing, three shootings, and seven arson attacks—have targeted members of the media. In his first appearance before Congress, OSCE Representative for Freedom of the Media Harlem Desir will assess the fragile state of media freedom within the OSCE region. Mr. Desir also will address the number of imprisoned media professionals as well as the violence, threats, and intimidation directed toward female journalists. The hearing will explore the threat posed by disinformation and online content designed to provoke violence and hate. Following the hearing, at 5:00 p.m. in Room HVC-200, the Helsinki Commission will host a viewing of the documentary, “A Dark Place,” which details the online harassment of female journalists working in the OSCE region.
Delegation Led by Co-Chairman Wicker Demonstrates U.S. Commitment to Countering Kremlin Aggression and Preserving Stability in EuropeWednesday, July 10, 2019
WASHINGTON—From July 4 to July 8, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) led the largest bipartisan, bicameral U.S. delegation in history to the 2019 OSCE Parliamentary Assembly (OSCE PA) Annual Session in Luxembourg. The participation of 19 members of Congress showed the deep U.S. commitment to European security and to countering Kremlin aggression and anti-democratic trends across the 57-country OSCE region. “The size of our delegation for this Parliamentary Assembly is a clear demonstration of the importance that the Americans place on this institution and its mission,” said Sen. Wicker ahead of the official opening of the event, which brought together approximately 300 parliamentarians from North America, Europe, and Central Asia. Sen. Wicker, who also serves as a vice-president of the OSCE PA, was joined in Luxembourg by House Majority Leader and former Helsinki Commission Chairman Rep. Steny Hoyer (MD-05); Helsinki Commissioners Sen. Ben Cardin (MD), Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Richard Hudson (NC-08), and Rep. Gwen Moore (WI-04). Other participants included Sen. John Cornyn (TX), Sen. Rick Scott (FL), Rep. Chris Smith (NJ-04), Rep. Tom Cole (OK-04), Rep. Val Demings (FL-10), Rep. Jeff Duncan (SC-03), Rep. Garret Graves (LA-06), Rep. Tom Graves (GA-14), Rep. Andy Harris (MD-01), Rep. Billy Long (MO-07), Rep. Gregory Meeks (NY-05), and Rep. Lee Zeldin (NY-01). In the opening plenary, Rep. Hoyer, a founder of the OSCE PA, reminded the delegates of the OSCE’s commitment to human rights, fundamental freedoms, and democratic governance. Rep. Moore then spearheaded the passage of a resolution on protecting and engaging civil society that was originally introduced by Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20). The assembly also adopted a second U.S. initiative on educating children to avoid human trafficking introduced by Rep. Smith, who serves as OSCE PA Special Representative on Human Trafficking Issues. Fourteen of the 16 amendments proposed by the U.S. delegation were adopted, including those holding the Kremlin accountable for the collapse of the Intermediate-Range Nuclear Forces Treaty; criticizing Moscow for abusing INTERPOL diffusions to harass Kremlin critics abroad; expressing concern about the overreliance of European countries on Russia for energy supplies; and seeking to protect those who report hate crimes from retaliation. During the annual session, Sen. Wicker and Rep. Smith co-hosted a presentation to raise awareness and encourage reporting of efforts to entice children into being trafficked. Sen. Cardin, who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, hosted a discussion on best practices to combat hate in society. Prior to attending the annual session, Co-Chairman Wicker convened the first-ever Helsinki Commission hearing held outside of the United States. In Gdansk, Poland, senior U.S. civilian and military leaders briefed members of Congress on their approaches to enhancing security in the region. High-level defense officials from Lithuania, Poland, Finland, Sweden, and Estonia also provided regional perspectives on the evolving security environment in and around the Baltic Sea. Hearing participants included Lt. Gen. Stephen M. Twitty, Deputy Commander, United States European Command; Douglas D. Jones, Deputy Permanent Representative, United States Mission to NATO; Raimundas Karoblis, Minister of National Defense, Republic of Lithuania; Maj. Gen, Krzysztof Król, Deputy Chief of the General Staff of the Polish Armed Forces; Janne Kuusela, Director-General, Defense Policy Department, Ministry of Defense of the Republic of Finland; Jan-Olof Lind, State Secretary to the Minister for Defense, the Kingdom of Sweden; and Kristjan Prikk, Permanent Secretary of the Ministry of Defense, the Republic of Estonia. The hearing underscored America’s commitment to security in the Baltic Sea region and its unwavering support for U.S. friends and allies.
The Helsinki Process: A Four Decade OverviewFriday, June 28, 2019
In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.
Co-Chairman Wicker on Release of 2018 Report on International Religious FreedomWednesday, June 26, 2019
WASHINGTON—Following the release of the 2018 Report on International Religious Freedom by U.S. Secretary of State Mike Pompeo and Ambassador at Large for International Religious Freedom Sam Brownback, a former chairman of the Helsinki Commission, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “This report shows that some of the worst government violators of religious freedom in the world continue to be in Eurasia, including Russia, Tajikistan, and Turkmenistan. I am concerned that these OSCE participating States have not made any progress in implementing their commitments to ensure freedom of religion. “One exception where the situation has improved is Uzbekistan. I hope the final version of the country’s new religion law will demonstrate the commitment of President Mirziyoyev and his government to advancing religious freedom reforms. I would not want a situation in which the new law retains the most problematic elements of current law. That would put Uzbekistan at risk of remaining on the Special Watch List or even once again being designated as a Country of Particular Concern. “The Government of Uzbekistan must also keep its promise to formally work with international experts, including the OSCE Office of Democratic Institutions and Human Rights, to ensure its religion law complies with Uzbekistan’s international commitments.” In October 2018, Co-Chairman Wicker urged the Government of Uzbekistan to formally request that the OSCE Office of Democratic Institutions and Human Rights conduct a legal review of Uzbekistan’s draft religion law. He repeated the call during a December 2018 Helsinki Commission hearing with Ambassador Brownback. Following last year’s International Religious Freedom Report, Secretary of State Pompeo designated OSCE participating States Tajikistan and Turkmenistan as Countries of Particular Concern. Turkmenistan has been designated as a CPC since 2014 and Tajikistan since 2016. Pompeo further designated Uzbekistan and Russia for the Special Watch List, for continuing religious freedom violations. For Uzbekistan, the designation upgrades the country’s ranking in recognition of progress made under the regime of President Mirzoyoyev. Uzbekistan was a CPC from 2006 to 2017. Russia was designated for the Special Watch List for the first time. As OSCE participating States, these countries repeatedly have committed themselves to respecting religious freedom. The annual State Department International Religious Freedom Report details religious freedom in every country. The report includes government policies violating religious belief and practices of individuals and religious groups, and U.S. policies to promote religious freedom around the world. Following the release of the annual report, the Secretary of State has 90 days to submit updated designations for the Countries of Particular Concern and the Special Watch List.
Helsinki Commission Convenes Historic Field Hearing in Poland to Examine Regional Security ConcernsWednesday, June 26, 2019
WASHINGTON—For the first time in its 43-year history, the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, will convene outside of the United States for a field hearing to underscore America’s commitment to security in the Baltic Sea region and its unwavering support for U.S. friends and allies. At this historic hearing, held less than 80 miles from Russia’s border, senior U.S. civilian and military leaders will outline America’s collaborative approach to enhancing security in the region. High-level officials from states including Lithuania, Poland, Finland, Sweden, and Estonia will provide regional perspectives on the evolving security environment in and around the Baltic Sea. BALTIC SEA REGIONAL SECURITY A Field Hearing of the U.S. Commission on Security and Cooperation in Europe Tuesday, July 2, 2019 3:00 p.m. CET The Artus Court Gdańsk, Poland Watch Live: www.youtube.com/HelsinkiCommission Panel I: Mr. Douglas D. Jones, Deputy Permanent Representative, United States Mission to NATO Lt. Gen. Stephen M. Twitty, Deputy Commander, United States European Command Panel II: Minister Raimundas Karoblis, Minister of National Defense, Ministry of National Defense of the Republic of Lithuania Major General Krzysztof Król, Deputy Chief of the General Staff of the Polish Armed Forces, Republic of Poland Director-General Janne Kuusela, Director-General, Defense Policy Department, Ministry of Defense of the Republic of Finland State Secretary Jan-Olof Lind, State Secretary to the Minister for Defense, Ministry of Defense of the Kingdom of Sweden Permanent Secretary Kristjan Prikk, Permanent Secretary of the Ministry of Defense, Ministry of Defense of the Republic of Estonia Other panelists may be added. Against the backdrop of the location of the first battle of World War II, panelists will discuss regional maritime threats—including Kremlin aggression—and possible responses; the current effectiveness of NATO’s deterrent posture in the Baltics; the transatlantic security architecture; and hybrid and emerging threats. Members of the media must register in advance at https://form.jotform.com/91692541401958 to attend this hearing. Preregistration closes at noon CET on Friday, June 28, 2019.
Co-Chairman Wicker, Sen. Sinema Introduce Legislation to Fight Illicit Tobacco TradeTuesday, June 25, 2019
WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Sen. Kyrsten Sinema (AZ) today introduced the Combating the Illicit Trade in Tobacco Products Act (CITTPA) in the Senate. The bill was introduced by Helsinki Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Richard Hudson (NC-08) in the House in March as H.R.1642. “The illicit tobacco trade supports political corruption, organized crime, and terrorism worldwide. Our bill would take aim at this source of financing from these bad actors and the governments that enable them,” said Co-Chairman Wicker. “We’re combatting the illicit tobacco trade to protect Arizonans, strengthen our economy, and disrupt terrorist and criminal organizations who profit from such illegal activity,” said Sen. Sinema. The Combatting the Illicit Trade in Tobacco Products Act (CITTPA) would improve the U.S. Government’s ability to identify and deter those engaging in the trade of illicit tobacco. The bill would: Enable the United States to deter countries involved in the illicit trade in tobacco, and better assist its allies. The bill grants the Department of State the authority to withhold U.S. foreign assistance from those countries knowingly profiting from the illicit trade in tobacco or its activities. In countries where the government is working to stop these trafficking efforts, the Department of State would be able to provide assistance for law enforcement training and investigative capacity. Help the United States target individuals assisting in the illicit tobacco trade. It authorizes the President of the United States to impose economic sanctions and travel restrictions on any foreign individual found to be engaged in the illicit tobacco trade, and requires the president to submit a list of those individuals to Congress. Provide better information on countries involved with the illicit tobacco trade. The legislation requires the Department of State to report annually on which countries are determined to be a major source of illicit tobacco products or their components, and identify which foreign governments are actively engaged and knowingly profiting from this illicit trade. In July 2017, the Helsinki Commission held a hearing on illicit trade in tobacco products, which included testimony from academia, public health advocacy, and industry.
Representatives Cohen and Chabot Introduce Kleptocrat Exposure ActMonday, June 24, 2019
WASHINGTON—Helsinki Commissioner Rep. Steve Cohen (TN-09) and Rep. Steve Chabot (OH-01) today introduced the Kleptocrat Exposure Act. The act will provide the Secretary of State the authority to publicly reveal the names of individuals and their immediate family members who are subject to U.S. visa bans as a result of human rights abuses, corruption, and other malign activity. “Global criminals and corrupt autocrats—or kleptocrats—seek to spend their ill-gotten gains in the United States, where they can indulge in luxury, pursue positions of influence, and exploit the rule of law, which protects their stolen wealth. Our country should not be a shelter for these corrupt individuals,” said Rep. Cohen. “Corrupt elites in Russia, and around the world, fear exposure. They thrive off of secrecy to continue to keep their corruption going. It is time to sound the alarm about who these bad actors are and shield American citizens from these crooks,” said Rep. Chabot. Many kleptocrats already have been prohibited from traveling to the United States on the grounds of their engagement in malign activity. However, under current law, these and future visa bans are confidential. If made public, this information would further protect the United States and its allies by exposing these kleptocrats. Chairman of the Helsinki Commission Rep. Alcee L. Hastings (FL-20), Ranking Member of the Helsinki Commission Rep. Joe Wilson (SC-02), Helsinki Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Brian Fitzpatrick (PA-01), and Rep. John Curtis (UT-03) are original cosponsors of the legislation.
Russia's Counterproductive CounterterrorismWednesday, June 12, 2019
Russia’s counterterrorism approach, which is problematic in both conception and execution, makes Moscow an ill-suited partner with the United States in this field, experts told the U.S. Helsinki Commission at a hearing on June 12, 2019. The hearing closely examined the development, history, and repercussions of the Kremlin’s approach to counterterrorism under Vladimir Putin, including Moscow’s attempts to present itself as a regional and global leader on this issue. Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistant Secretary of Defense; Rachel Denber, Deputy Director, Europe and Center Asia Division, Human Rights Watch; and Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College of the National Defense University. In his opening statement, Rep. Richard Hudson (NC-08), who chaired the hearing, noted concerns expressed by many, including the U.S. Director of National Intelligence, about Russia’s attempts to assume the mantle of leadership in the counterterrorism sphere, through efforts that include placing Russian nationals in senior counterterrorism positions in international organizations. Rep. Hudson further expressed concern regarding overly broad use of “terrorism” and “extremism” labels by the Kremlin and authoritarian regimes across Central Asia, in contravention of their commitments to human rights Rep. Hudson was joined by other Helsinki Commissioners. Sen. Cory Gardner (CO) underscored the inherently destabilizing nature of Russia’s counterterrorism policies and practices and recalled legislation he has introduced that would require the Department of State to formally determine whether Russia should be designated a state sponsor of terrorism. Rep. Robert Aderholt (AL-04) raised questions regarding Russia’s role in the downing of Malaysia Airlines flight 17 over eastern Ukraine and whether such an action amounts to state-sponsored terrorism, as well as the impact of Russia’s counterterrorism policies on its Muslim population. Rep. Brian Fitzpatrick (PA-01) drew upon his experience in the Federal Bureau of Investigation to highlight the challenges of sharing investigative techniques and best practices for fighting terrorism with Russia, as opposed to other countries in the region. Dr. Omelicheva discussed how the Kremlin has increasingly prioritized fighting terrorism, both as a policy and as a political theme. She described how punitive measures, rather than a focus on socioeconomic improvement to address root causes of radicalization, have long been a preferred method of Russia’s military and security services for addressing terrorism. She also noted that some Central Asian states have copied the Kremlin’s heavy-handed methods. Ms. Denber noted the broad criminal code Russian authorities inappropriately apply—under the guise of fighting terrorism—to persecute people “inconvenient” to the Kremlin. She discussed in detail other domestic applications of Russia’s counterterrorism criminal laws, including monitoring and storing of Russian citizens’ internet metadata, as well as labeling groups like Jehovah’s Witnesses as extremist organizations. Russia’s counterterrorism policies may well have alienated segments of Russia’s Muslim population and led individuals to join extremist organizations such as the Islamic State and Hizb ut-Tahrir, Ms. Denber stated. Dr. Carpenter asserted that active U.S.-Russia counterterrorism cooperation runs counter to U.S. interests and values—highlighting Russia’s penchant for claiming to be fighting extremism while actually punishing dissidents, notably individuals in Crimea critical of the ongoing occupation of the peninsula. “A single mother was recently imprisoned on extremism charges because she had posted comments critical of Russia’s annexation of Crimea on her social media feed,” he said. Dr. Carpenter’s experience in government led him to conclude, “Russia approaches counterterrorism from the position of counterintelligence;” when Russia cooperates, it is with the aim of eliciting information rather than pursuing common solutions. Using Syria as an example, he emphasized how Russian leadership does not think in win-win terms when it comes to counterterrorism, even when the U.S. does. “Moscow will be happy, of course, to host dozens of international conferences, and will periodically suggest that a solution is within reach. But at the end of the day, its interests are best served when Iran, Hezbollah and Assad are in power to make mischief in the region, because that’s when Russia’s influence with the Europeans, with Israel, and the Gulf States is at its peak,” he said. Dr. Omelicheva added to these comments with an overview of lessons the Russian government has learned in past failed counterterrorism operations, including the Dubrovka Theater hostage crisis of 2002 and Beslan school siege of 2004. “The key lesson that the government learned was that they have to have sufficient force to secure the perimeter of the counterterrorism operation, that they need to be able to constrain the freedom of movement, the freedom of mass media, and other types of freedom.”
Hastings and Wicker Condemn Recent Arrest of Ivan GolunovMonday, June 10, 2019
WASHINGTON—Following the recent arrest of investigative journalist Ivan Golunov by Russian authorities, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Journalism remains a dangerous profession in Russia, especially for reporters like Ivan Golunov who investigate corruption at the highest levels of government. His arrest proves once more that Russian authorities don’t simply fail to protect investigative journalists; they actively seek to muzzle them by alleging criminal behavior and even resorting to brute physical force.” Golunov, of the Latvia-based Russian news outlet Meduza, was arrested on drug charges on June 6 in Moscow—a common tactic used by Russian authorities to target journalists and dissidents. In the hours after his arrest, he was denied numerous rights enshrined in Russian statutes, including a phone call to friends and family, an attorney, and a meal. He also allegedly was beaten while in custody, and faces up to 20 years in prison. According to the 2019 World Press Freedom Index, Russia ranks 149 out of 180 countries in media freedom based on an evaluation of pluralism, independence of the media, quality of the legislative framework, and safety of journalists.
Helsinki Commission Hearing to Examine Russia’s Approach to CounterterrorismWednesday, June 05, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S COUNTERPRODUCTIVE COUNTERTERRORISM Wednesday, June 12, 2019 10:30 a.m. Rayburn House Office Building Room 2255 Live Webcast: www.youtube.com/HelsinkiCommission The Kremlin actively seeks to present Russia as a global leader in the practice of counterterrorism and countering extremism. However, Moscow’s policies and practices in this area may be problematic at best and counterproductive at worst. Witnesses will offer expert views on how the Kremlin’s counterterrorism approach has evolved over time; its effectiveness; the extent to which it complies with Russia’s commitments to uphold human rights and fundamental freedoms; regional implications; and whether Kremlin actions dovetail—or not—with U.S. interests. The following witnesses are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement; former U.S. Deputy Assistant Secretary of Defense for Russia; former National Security Council Director for Russia Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College, National Defense University; author, “Russia’s Regional and Global Counterterrorism Strategies” and “Russia’s Counterterrorism Policy: Variations on an Imperial Theme”
Curbing Corruption through Corporate Transparency and CollaborationWednesday, May 29, 2019
The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing examined these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists discussed how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists also discussed the lessons that the United States can draw from the British experience. John Penrose, M.P., U.K. Prime Minister’s Anti-Corruption Champion, explained the reputational risks associated with money laundering in the U.S. and U.K. financial markets to the rules-based system. Penrose explained the British approach of establishing a beneficial ownership registry, saying, “What we are trying to do in the U.K. is we are trying to set up something which will effectively create a global norm to say let’s all have some kind of a register about who owns and controls these companies. We’re not asking for the moon. As I said, we don’t need to know everybody who owns a piece of every company. We just need to know who the controlling minds and the controlling interests are.” Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead at the British Embassy in Washington, covered the issues the U.K is facing with their beneficial ownership policy. Kitt explained, “One challenge we have is feedback to financial institutions on suspicious activity reports. Often, financial institutions will submit suspicious activity reports and they don’t hear any feedback as to actually what was the utility of that, how useful was that.” Even considering the difficulty the policy has experienced, Kitt maintained, “It’s not just a talking shop; it delivers. And… it’s assisted in identifying and restraining in excess of £9 million. So, the results are palpable.” Mark Hays, Anti-Money Laundering Campaign Leader at Global Witness and the sole American panelist, reflected on his company’s investigations into corruption: “Simply put, if the U.S. wants to continue to show this leadership we need to match the U.K.’s efforts in establishing some modicum of disclosure for beneficial ownership transparency for companies.” Hays continued, “If we don’t, not only will we be failing to live up to this leadership test, but we will put ourselves at greater risk for becoming a haven for bad actors and their ill-gotten gains.” Nate Sibley, Research Fellow for the Kleptocracy Initiative at the Hudson Institute, spoke to how the UK’s policies could transfer to the U.S. Sibley described a House Financial Services Committee bill, “introduced by Representative Carolyn Maloney called the Corporate Transparency Act,” that ensures companies disclose beneficial owners. He went on to explain that the bill “would create a private beneficial ownership register. So not a public one like they have in the U.K., but one that was accessible only to law enforcement, under very strict and controlled circumstances.” Sibley outlined the ways that the U.S. federal system changes the prospect of the registry logistics, but maintained that it would still work in the U.S.
Shady ShippingFriday, May 24, 2019
Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event examined what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists also discussed the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists recommended practical steps the United States and non-governmental organizations can take to counter TBML. David Luna, President and CEO of Luna Global Networks, shared his insights on the dark side of globalization and how it fits into the TBML paradigm. Luna outlined the need to increase understanding of the networks between illicit commerce and money laundering across legal and illegal means through convergence crimes. He spoke to the methodologies of “cleaning dirty money” utilized by kleptocrats, criminal organizations, and terrorist groups, while expressing the importance of tracing money and the value of goods to expose illicit crimes. Luna cited a 2015 World Economic Forum report to support his points, which estimated the value of transnational criminal activities between 8-15 percent of Gross Domestic Product, even by conservative standards, totaling around 80 trillion in the US market. John Cassara, retired Special Agent of the U.S. Department of the Treasury, spoke about the confusion surrounding TBML, both in understanding and enforcement. He explained that TBML is the largest method of money laundering because of excess ways to commit it: customs fraud, tax evasion, export incentive fraud, evading capitol controls, barter trade, and underground financial systems. Cassara explained how money is transferred under the noses of customs enforcement by undervaluing or overvaluing an invoice of an otherwise legal trade. Cassara asked, “If our highly trained police force can’t catch this, what about the rest of the world?” Lakshmi Kumar, Policy Director at Global Financial Integrity, described the difficulty with tracking TBML, both domestically and internationally. She outlined how domestic policy and law complicates internal tracking, while the lack of consistent transnational collaboration and information sharing complicates international tracking. Kumar spoke to the components of the trade chain and how hard it is to watch all the mechanisms with due diligence. Explaining the role of banks, Kumar noted that 80 percent of all international trade occurs through open account trading, in which banks aren’t involved or able to offer oversight. This allows for trade profits to be separated into various accounts, tricking the customs and enforcement agencies to enforce a lower level of taxation on the profits and the freights and allowing for TBML. In summary, even with world class law enforcement, the U.S. legal and financial frameworks needs to catch up in order to adequately combat TBML.
Helsinki Commission to Hold Briefing on UK Anti-Corruption PoliciesWednesday, May 22, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: CURBING CORRUPTION THROUGH CORPORATE TRANSPARENCY AND COLLABORATION The British Model Wednesday, May 29, 2019 9:00 a.m. Rayburn House Office Building Room 2128 Live Webcast: www.facebook.com/HelsinkiCommission The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing will examine these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists will discuss how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists will also discuss the lessons that the United States can draw from the British experience. Opening remarks will be provided by John Penrose, M.P., the U.K. Prime Minister’s Anti-Corruption Champion. The following panelists also are scheduled to participate: Mark Hays, Anti-Money Laundering Campaign Leader, Global Witness Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead, British Embassy Washington Nate Sibley, Research Fellow, Kleptocracy Initiative, Hudson Institute
Helsinki Commission and House Financial Services Committee Announce Joint Briefing on Trade-Based Money LaunderingFriday, May 17, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, in partnership with the House Financial Services Committee, today announced the following joint briefing: SHADY SHIPPING Understanding Trade-Based Money Laundering Friday, May 24, 2019 9:30 a.m. Rayburn House Office Building Room 2360 Live Webcast: www.facebook.com/HelsinkiCommission Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through the use of trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event will examine what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists will also discuss the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists will recommend practical steps the United States and non-governmental organizations can take to counter TBML. The following panelists are scheduled to participate: John Cassara, Special Agent, U.S. Department of the Treasury, retired Lakshmi Kumar, Policy Director, Global Financial Integrity David Luna, President and CEO, Luna Global Networks
Mr. McCAIN. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Arizona is recognized.
Mr. McCAIN. I thank the Chair.
Mr. President, in a few minutes my colleague from Maryland, Senator Cardin, will be introducing a bill which I am a cosponsor of, along with a large bipartisan group of our colleagues. I wish to emphasize at the outset that some may characterize this legislation as anti-Russian. In fact, I believe it is pro-Russian. It is pro the people of Russia. It is pro the people who stand up for human rights and democracy in that country which, unfortunately, seems to be sadly deprived of.
This legislation, as my colleague and friend Senator Cardin will describe, requires the Secretary of State, in consultation with the Secretary of the Treasury, to publish a list of each person whom our government has reason to believe was responsible for the detention, abuse, or death of Sergei Magnitsky ; participated in efforts to conceal the legal liability for these crimes; committed those acts of fraud that Magnitsky uncovered; is responsible for extrajudicial killings, torture, or other gross violations of human rights committed against individuals seeking to expose illegal activities in Russia or exercise other universally recognized human rights.
Second, the individuals on that list would become the target of an array of penalties, among them, ineligibility to receive a visa to travel. They would have their current visas revoked, their assets would be frozen that are under U.S. jurisdiction, and U.S. financial institutions would be required to audit themselves to ensure that none of these individuals are able to bank excess funds and move money in the U.S. financial system.
I guess the first question many people will be asking is who was Sergei Magnitsky ? Who was this individual who has aroused such outrage and anger throughout the world? He was a tax attorney. He was a tax attorney working for an international company called Hermitage Capital that had invested in Russia. He didn't spend his life as a human rights activist or an outspoken critic of the Russian Government. He was an ordinary man. But he became an extraordinary champion of justice, fairness, and the rule of law in Russia where those principles, frankly, have lost meaning.
What Sergei Magnitsky did was he uncovered a collection of Russian Government officials and criminals who were associated with the Russian Government officials who colluded to defraud the Russian state of $230 million. The Russian Government in turn blamed the crime on Heritage Capital and threw Magnitsky in prison in 2008.
Magnitsky was detained for 11 months without trial. Russian officials, especially from the Interior Ministry, pressured Magnitsky to deny what he had uncovered--to lie and to recant. He refused. He was sickened by what his government had done and he refused to surrender principle to brute power.
As a result, he was transferred to increasingly more severe and more horrific prison conditions. He was forced to eat unclean food and water. He was denied basic medical care as his health worsened. In fact, he was placed in even worse conditions until, on November 16, 2009, having served 358 days in prison, Sergei Magnitsky died. He was 37 years old.
Sergei Magnitsky's torture and murder--let's call it what it really was--is an extreme example of a problem that is unfortunately all too common and widespread in Russia today: the flagrant violations of the rule of law and basic human rights committed by the Russian Government itself, along with its allies.
I note the presence of my colleague and lead sponsor of this important legislation. I hope in his remarks perhaps my friend from Maryland would mention the latest in the last few days which was the affirmation of the incredible sentence on Mr. Mikhail Khodorkovsky and his associate which is, in many ways, tantamount to a death sentence; again, one of these blatant abuses of justice and an example of the corruption that exists at the highest level of government.
I wish to say again I appreciate the advocacy of my colleague from Maryland and his steadfast efforts on behalf of human rights in Russia, Belarus, and other countries. It has been a great honor to work with him and for him in bringing this important resolution to the floor of the Senate.
I ask unanimous consent that at the appropriate time, the Senator from Maryland and I be allowed to engage in a colloquy.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Maryland.
Mr. CARDIN. Mr. President, let me thank Senator McCain, not just for taking time for this colloquy concerning Mr. Magnitsky but for his longstanding commitment to justice issues, human rights issues, and the values the United States represents internationally.
We have had a long, proud, bipartisan, and, most importantly, successful record of promoting basic American values such as democratic governance and the rule of law around the world. Engaging the countries of the Eastern Bloc in matters such as respect for human rights was critical to winning the cold war. We will never know how many lives were improved and even saved due to instruments such as the Helsinki Final Act and the Jackson-Vanik amendment. These measures defined an era of human rights activism that ultimately pried open the Iron Curtain and brought down the Wall. Thankfully, the cold war is over and we have a stronger relationship, both at the governmental and societal levels, with countries in Eastern Europe. But, sadly, internationally recognized rights and freedoms continue to be trampled and, in many cases, with absolute impunity.
With the possibility of Russia's accession to the World Trade Organization, and the Presidents of the United States and Russia meeting in France, ours is a timely discussion.
Last week, I joined my distinguished colleague, the Senator from Arizona, and 14 other Senators from both parties to introduce the Sergei Magnitsky Rule of Law Accountability Act--a broad bill to address what the respected watchdog Transparency International dubbed a ``systematically corrupted country'' and to create consequences for those who are currently getting away with murder.
Actions always speak louder than words. The diplomatic manner of dealing with human rights abuses has frequently been to condemn the abusers, often publicly, with the hope that these statements will be all they need to do. They say oh, yes, we are against these human rights violations. We are for the rule of law. We are for people being able to come forward and tell us about problems and be able to correct things. They condemn the abusers, but they take no action. They think their words will be enough. Well, we know differently. We know what is happening today in Russia.
We know the tragedy of Sergei Magnitsky was not an isolated episode. This is not the only time this has happened. My colleague from Arizona mentioned the Mikhail Khodorkovsky case. Mr. Khodorkovsky is today in prison with even a longer sentence. Why? Because he had the courage to stand up and oppose the corrupt system in Russia and something should be done about it. That is why he is in prison, and that is wrong.
So it is time we do something about this and that we make it clear that action is needed. For too long, the leaders in Russia have said we are going to investigate what happened to Sergei Magnitsky . We think it is terrible he died in prison without getting adequate medical care. As Senator McCain pointed out, here is a person whose only crime was to bring to the proper attention of officials public corruption within Russia. As a result of his whistleblowing, he was arrested and thrown in jail and died in jail. He was tortured. That cannot be allowed, to just say, Oh, that is terrible. We know the people who were responsible. In some cases they have been promoted in their public positions. Well, it is time for us to take action. That is why we have introduced this legislation.
While this bill goes far beyond the tragic experiences of Sergei Magnitsky , it does bear his name, so let me refresh everyone's recollection with some of the circumstances concerning his death. I mention this because some might say, why are we talking about one person? But as the Soviet dictator Joseph Stalin said, ``One death is a tragedy; one million is a statistic.'' I rarely agree with Dictator Stalin, but we have to put a human face on the issue. People have to understand that these are real people and real lives that have been ruined forever as a result of the abuses within Russia.
Sergei was a skilled tax lawyer who was well known in Moscow among many Western companies, large and small. In fact, he even did some accounting for the National Conference on Soviet Jewry. Working at the American law firm of Firestone Duncan, Sergei uncovered the largest known tax fraud in modern Russian history and blew the whistle on the swindling of his fellow citizens by corrupt officials. For that he was promptly arrested by the subordinates of those he implicated in the crime. He was held under torturous conditions in detention for nearly a year without trial or visits from family. He developed severe medical complications which went deliberately untreated, and he died on November 16, 2009, alone in an isolation cell while prison doctors waited outside his door. Sergei was 37 years old. He left behind a wife, two sons, a dependent mother, and so many friends.
Shortly after his death, Philip Pan of the Washington Post wrote:
Magnitsky's complaints, made public by his attorneys as he composed them, went unanswered while he lived. But in a nation where millions perished in the Soviet gulag, the words of the 37-year-old tax lawyer struck a nerve after he died ..... his descriptions of the squalid conditions he endured have been splashed on the front pages of newspapers and discussed on radio and television across the country, part of an outcry even his supporters never expected.
I think Senator McCain and I would agree, there is a thirst for democracy around the world. People in Russia want more. They want freedom. They want accountability. They want honest government officials. They are outraged by what happened to Sergei Magnitsky .
I would point out just last week I met with a leader of the Russian business community who came here and traveled at some risk, I might say. Just visiting me was a risk. We have people from Russia who are being questioned because they come and talk to us. But he said to me that what happened here needs to be answered by the Russian authorities. He understands why we are introducing this legislation.
A year after his death, and with no one held accountable, and some of those implicated even promoted and decorated, The Economist noted:
At the time, few people outside the small world of Russian investors and a few human-rights activists had heard of Mr. Magnitsky . A year later, his death has become a symbol of the mind-boggling corruption and injustice perpetrated by the Russian system, and the inability of the Kremlin to change it.
Regrettably, we know Sergei's case, egregious as it is, is not isolated. Human rights abuses continue unpunished and often unknown across Russia today.
To make this point more clear, let's look at another example far outside the financial districts of Moscow and St. Petersburg in the North Caucasus in southern Russia where Chechen leader, Ramzan Kadyrov, condones and oversees massive violations of human rights, including violations of religious freedom and the rights of women. His militia also violates international humanitarian laws. As of this April, the European Court of Human Rights has ruled against Russia in 186 cases concerning Chechnya, most involving civilians.
So Sergei Magnitsky's case is not an isolated case of abuse by the Russian authorities. There has been a systematic effort made to deny people their basic human rights, including one individual, Natalia Estemirova, who personally visited my office at the Helsinki Commission. She was a courageous human rights defender who was brutally assassinated.
So it is time for Russia to take action. But we cannot wait; we need to take action.
Mr. McCAIN. Will the Senator yield for a question?
Mr. CARDIN. I yield back to my colleague.
Mr. McCAIN. First, I thank my colleague from Maryland for a very eloquent and, I think, very strong statement, to which I can add very little. But isn't it true, I ask my friend, that this Magnitsky case and the Khodorkovsky case, which I would like for us to talk a little bit more about, are not isolated incidents?
In other words, this is the face of the problem in Russia today. As the Senator mentioned, in its annual index of perceptions of corruption, Transparency International ranked Russia 154th out of 178 countries--perceived as more corrupt than Pakistan, Yemen, and Zimbabwe. The World Bank considers 122 countries to be better places to do business than Russia. One of those countries is Georgia, which the World Bank ranks as the 12th best country to do business.
In other words, isn't it true in the Magnitsky case, it is what has been taking place all across Russia, including this incredible story of Khodorkovsky, who was one of the wealthiest men in Russia, one of the wealthiest oligarchs who rebelled against this corruption because he saw the long-term consequences of this kind of corruption and was brought to trial, convicted, and then, when his sentence was completed, they charged him again?
Talk about a corrupt system, isn't it true that Vladimir Putin said he should ``sit in jail,'' and we now know that the whole trial was rigged, as revealed by people who were part of the whole trial? In other words, isn't it true, I would ask my friend from Maryland, that what we are talking about is one human tragedy, but it is a tragedy that is unfolding throughout Russia that we do not really have any knowledge of? And if we allow this kind of abuse to go on unresponded to, then, obviously, we are abrogating our responsibilities to the world; isn't that true?
Mr. CARDIN. I say to Senator McCain, you are absolutely right. This is not isolated. Magnitsky is not an isolated case of a lawyer doing his job on behalf of a client and being abused by the authorities. We have a lot of examples of lawyers trying to do their jobs and being intimidated and their rights violated.
But in Mr. Khodorkovsy's case, we have a business leader who was treated the same way just because he was a successful business leader. Even worse, he happened to be an opponent of the powers in the Kremlin.
So we are now seeing, in Russia, where they want to quell opposition by arresting people who are just speaking their minds, doing their business legally, putting them in prison, trying them, and in the Khodorkovsky case actually increasing their sentences the more they speak out against the regime.
That is how authoritarian they want to be and how oppressive they are to human rights. But I could go further. If one is a journalist in Russia, and they try to do any form of independent journalism, they are in danger of being beaten, being imprisoned, being murdered. It is very intimidating. The list goes on and on.
Mr. McCAIN. Could I ask my colleague, what implications, if any, does the Senator from Maryland believe this should have on the Russian entry into the World Trade Organization?
Mr. CARDIN. Well, it is very interesting, I say to Senator McCain. I just came from a Senate Finance Committee hearing, and we were talking about a free-trade agreement. I am for free-trade agreements. I think it makes sense. It is funny, when a country wants to do trade with the United States, they all of a sudden understand they have to look at their human rights issues.
I think all of us would like to see Russia part of the international trade community. I would like to see Russia, which is already a member of a lot of international organizations, live up to the commitments they have made in joining these international organizations.
But it is clear to me that Russia needs to reform. If we are going to have business leaders traveling to Russia in order to do business, I want to make sure they are safe in Russia. I want to make sure they are going to get the protection of the rule of law in Russia. I want to make sure there are basic rights that the businesspeople in Russia and the United States can depend upon.
So, yes, I understand that Russia would like to get into the WTO. We have, of course, the Jackson-Vanik amendment that still applies. I understand the origin of that law, and I understand what needs to change in order for Russia to be able to join the World Trade Organization.
But I will tell you this: The best thing that Russia can do in order to be able to enter the international trade regime is to clean up its abuses in its own country, to make clear it respects the rule of law; that businesspeople will be protected under the rule of law and certainly not imprisoned and tortured, as in the cases of Mr. Khodorkovsky and Mr. Magnitsky . We do not want to see that type of conduct.
If Russia would do that, if they would reform their systems, then I think we would be a long way toward that type of integration and trade.
Mr. McCAIN. I thank my colleague from Maryland for an eloquent statement about the situation as regards Russia. I thank him, and I can assure my colleague from Maryland that, as we speak, this will provide--and this legislation which he has introduced, will provide--some encouragement to people who in Russia now, in some cases, have lost almost all hope because of the corruption of the judicial system, as well as other aspects of the Russian nation.
We all know that no democracy can function without the rule of law; and if there are ever two examples of the corruption of the rule of law, it is the tragedy of Sergei Magnitsky and, of course, Mr. Khodorkovsky, who still languishes in prison; who, in his words, believes he--by the extension of his prison sentence--may have been given a death sentence.
So I thank my colleague from Maryland.
Mr. CARDIN. Will my colleague yield for just one final comment?
I think the Senator is right on target as to what he has said. I appreciate the Senator bringing this to the attention of our colleagues in the Senate.
I will respond to one other point because I am sure my colleague heard this. Some Russian officials say: Why are we concerned with the internal affairs of another country? I just want to remind these Russian officials, I want to remind my colleagues here, that Russia has signed on to the Helsinki Final Act. They did that in 1975, and they have agreed to the consensus document that was issued in Moscow in 1991 and reaffirmed just last year with the heads of state meeting in Astana, Kazakhstan, just this past December. I am going to quote from that document:
The participating States--
Which Russia is a participating state--
emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of international order. They categorically and irrevocably declared that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States--
The United States is a participating state--
and do not belong exclusively to the internal affairs of the State concerned.
Mr. McCAIN. That was a statement by the Government of Russia?
Mr. CARDIN. That was a statement made by the 56 states of the OSCE at a meeting of the Heads of State, which happens about every 10 years. It just happened to have happened last year. Russia participated in drafting this statement. Russia was there, signed on to it, and said: We agree on this. It is a reaffirmation as to what they agreed to in 1991 in Moscow where we acknowledged that it is of international interest, and we have an obligation and right to question when a member state violates those basic human dimension commitments. Russia clearly has done that. We have not only the right but the obligation to raise that, and I just wanted to underscore that to my colleagues.
I say to Senator McCain, your comments on the Senate floor are so much on point. I think people understand it. They understand the basic human aspect to this. But sometimes they ask: Well, why should America be concerned? Do we have a legitimate right to question this? Russia signed the document that acknowledges our right to challenge this and raise these issues.
I thank my colleague for yielding.
Mr. McCAIN. I thank my colleague from Maryland, and I hope we would get, very rapidly, another 98 cosponsors.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.