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statement
Tribute to Robert Hand for Forty Years of Service at the Commission on Security and Cooperation in Europe
Tuesday, October 18, 2022Recognizing Robert “Bob” A. Hand for 40 years of service to the Commission on Security and Cooperation in Europe. Whereas Robert (Bob) Hand has given 40 years of faithful service to the Commission on Security and Cooperation in Europe, making him the longest serving staff of the United States Helsinki Commission to date; Whereas he is a highly respected expert on the Western Balkans with his work being invaluable during the wars in the former Yugoslavia in the 1990s, he was focused on holding accountable those responsible for atrocities such as the Srebrenica genocide in 1995 and the murder of the Albanian-American Bytyqi brothers in Serbia in 2001, and he kept Commissioners up to date on developments in the region, including in Albania, where he is also known for his expert analysis; Whereas having served on numerous United States delegations to Organization for Security and Cooperation in Europe (OSCE) meetings, observed dozens of elections, and served as a mission member on one of the OSCE’s first field missions, the OSCE Missions of Long Duration in Kosovo, Sandjak, and Vojvodina while stationed in Novi Pazar in 1993, Bob’s institutional expertise and memory on the OSCE has been vital to both the Helsinki Commission and the Department of State; Whereas in his role as the Secretary of the United States delegation to the OSCE Parliamentary Assembly (PA), Bob deftly and tirelessly guaranteed that the delegation was always well-prepared to engage with our counterparts from other countries and that our proposals and resolutions had the best possible chance for adoption; Whereas his deep expertise on procedural matters and election monitoring, among other processes, made him an extraordinarily effective advocate and negotiator for United States interests and for human rights and democracy throughout his time as Secretary of the United States delegation; Whereas no major meeting of the Parliamentary Assembly could be considered “typical”, with an enormous variety of subjects discussed, new procedures created, and different Members of Congress participating on the United States delegation from meeting to meeting, Bob rose to a huge diversity of challenges as Secretary of the United States delegation, and he ensured that Members could meaningfully participate and contribute, and that the United States presence was impactful in every meeting he coordinated; Whereas during annual sessions in particular, Bob’s calm demeanor and deep knowledge of OSCE Parliamentary Assembly processes helped all members of the delegation, whether Commissioners or not, whether it was their 1st or 15th time at an OSCE PA meeting, to know where they were supposed to be, when they were voting, what issues were at stake, and when they were scheduled to speak; Whereas ahead of OSCE’s yearly gatherings, Bob skillfully collected signatures from other delegations for United States initiatives in the Parliamentary Assembly as well as secured support from Members for important supplementary items and amendments fielded by other delegations; Whereas at the 2022 OSCE PA Annual Session in Birmingham, Bob worked diligently with several other delegations to ensure that a critical resolution condemning Russia’s unprovoked invasion of Ukraine was adopted with the strongest possible language; Whereas the United States delegation had a 100-percent success rate at the 2022 OSCE PA Annual Session with the joint Ukraine resolution submitted by the United States, Ukrainian, and Lithuanian delegations, and all United States amendments to committee resolutions and supplementary items adopted; Whereas over the years, Bob guided the United States delegation through elections for OSCE PA leadership and helped secure positions for United States Members as OSCE PA President, Vice Presidents, and committee Chairs to make up the OSCE PA Bureau as well as positions on ad hoc committees and appointments as Special Representatives on Anti-Semitism, Racism and Intolerance, Human Trafficking Issues, and on Political Prisoners; Whereas Bob was instrumental in ensuring that the COVID pandemic in no way diminished the United States delegation’s consistent and meaningful impact, and that United States objectives were advanced at each and every opportunity despite the unprecedented shift to online formats spanning multiple time zones; Whereas Bob was always guided by a clear sense that what the United States says matters in a body such as the OSCE Parliamentary Assembly, he prioritized principles over dialogue for its own sake, and he served the Commission’s mandate faithfully and tirelessly; and Whereas his longstanding relationships with the OSCE Parliamentary Assembly leadership, staff, and other parliamentarians mean his departure will be felt not only by the Commission but by many of our friends in the OSCE region who have worked with him over the years: Now, therefore, be it Resolved, That the House of Representatives— (1) recognizes Robert A. Hand’s 40 years of dedicated service to the Commission on Security and Cooperation in Europe (United States Helsinki Commission); (2) appreciates his sound policy guidance on the Balkans and other regions throughout his time with the Commission; (3) congratulates him on his successes as Secretary of the United States delegation to the Organization for Security and Cooperation in Europe Parliamentary Assembly; and (4) wishes him all the best in the next chapters of his personal and professional endeavors.
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press release
Cardin, Shaheen, Wicker Introduce New Bipartisan Bill to Support Economic Development, Promote Democratic Resilience & Combat Corruption in the Balkans
Thursday, August 04, 2022WASHINGTON – Helsinki Commission Chairman Ben Cardin (MD) with Jeanne Shaheen (D-N.H.), Chair of the Senate Foreign Relations Subcommittee on Europe and Regional Security Cooperation and member of the Helsinki Commission, introduced new bipartisan legislation with Helsinki Commission Ranking Member Sen. Roger Wicker (MS) called the Western Balkans Democracy and Prosperity Act. This legislation would support economic development in the region through initiatives on infrastructure, trade and anti-corruption, including codification of sanctions to deter destabilizing activity In the Western Balkans. Sens. Durbin (IL), Tillis (NC), Van Hollen (MD) and Murphy (CT) also are original cosponsors of the bipartisan legislation. “While the Western Balkan nations have made great strides towards democratic governance since the end of the Yugoslav Wars, increasing political divisions and corruption threaten to erode this progress,” said Chairman Cardin. “We must continue to support our democratic partners and allies in the Balkans. This bipartisan bill will advance regional stability and anti-corruption efforts by establishing programs that encourage inclusive economic development, national anti-corruption strategy, and hold accountable those who threaten peace in the Western Balkans.” “Amid Russia’s unprovoked war in Ukraine and Putin’s clear ambitions to spread malign influence across Eastern Europe, the United States’ relationship with the Western Balkans is pivotal. That’s why I’m proud to introduce new bipartisan legislation that strengthens trade and investments between the U.S. and Western Balkans, while rooting out local corruption and codifying sanctions against destabilizing actors – all of which pave the way for greater Euro-Atlantic integration,” said Sen.Shaheen. “When I traveled to the Western Balkans in the Spring, I met with young leaders who shared their dreams of building a prosperous future in countries with strong democratic institutions and economic opportunity. Their stories – their visions of building a brighter future for the next generation – inspired my legislation. This region deserves every tool possible to build sustainable democracies, and I’m proud to lead this bipartisan bill that would foster relations between the U.S. and our Balkan partners and encourage greater regional integration.” “The Balkans are countries with a rich and varied heritage, and they also occupy an increasingly important position in European affairs,” said Sen. Wicker. “This bill would send a strong bipartisan signal that the United States is committed to supporting diplomacy in the region.” “As Putin’s unprovoked war in Ukraine rages on, we must not forget the hard won peace in the Balkans, which suffered terrible violence after the breakup of Yugoslavia. The United States and our allies contributed greatly to ending that horrific conflict, and this legislation reaffirms our commitment to seeing a stable future for the region—one squarely rooted in the West,” said Sen. Durbin. “The Balkans region is critical to Europe’s security, and we must deepen existing engagement with our partners as Russia continues its illegal war against Ukraine and threatens our NATO allies,” said Sen. Tillis. “In the spring, I was proud to visit Serbia, Bosnia-Herzegovina, Kosovo, and Belgium with Senator Shaheen to hear from leaders of these countries and relay to our colleagues the importance of expanding economic opportunity and combating corruption. This bipartisan legislation will demonstrate our support for their efforts to advance democracy, and I will work with my colleagues to build support and pass it out of Congress.” “Despite Putin’s intent, his bloody war in Ukraine has not weakened our global alliances, but bolstered them. Increasing our partnerships with the Western Balkans will allow us to build on this and spur new economic cooperation between our nations. This legislation will help us capitalize on these opportunities as we continue to support strengthening democracy in the region,” said Sen. Van Hollen. “Maintaining peace in the Balkans is critical to European security, especially as Putin grows more desperate in Ukraine and may turn to other countries for a victory. During my trip to the region this spring, it was clear the United States must deepen our engagement. This legislation will strengthen U.S.-Balkan ties, expand economic opportunity, and support efforts to advance democracy and root out corruption,” said Senator Murphy. Specifically, the Western Balkans Democracy and Prosperity Act: Establishes a regional trade and economic competitiveness initiative, which would support democratic resilience, economic development and prosperity in the region. Establishes an anti-corruption initiative that directs the Secretary of State to provide technical assistance for each country in the Western Balkans to develop a national anti-corruption strategy. Codifies two U.S. executive orders that would grant authority for sanctions against those who threaten peace and stability in the Western Balkans and are engaged in corrupt behavior. Boosts university partnerships, encourages Peace Corps engagement in the region, creates a Balkans Youth Leadership Initiative and requires the Development Finance Corporation to open a previously announced office in the region. Full text of the bill is available here.
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publication
The Helsinki Process: An Overview
Friday, June 24, 2022In 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.
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in the news
Declare Putin’s War Genocide
Friday, June 24, 2022A bipartisan group of U.S. lawmakers introduced a resolution characterizing Russia’s actions in Ukraine as an act of genocide on Friday. A draft of the resolution, seen by Foreign Policy, argues that atrocities committed by Russian troops in Ukraine, including indiscriminate attacks on civilians, the direct targeting of maternity hospitals and medical facilities, and the forcible transfer of hundreds of thousands of Ukrainians to Russia and Russian-held territory meet the criteria laid out in Article II of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Congressional resolutions are commonly used by lawmakers to express strongly held sentiments by members of the House of Representatives or Senate. Although the resolution is not legally binding, it sends a strong message of condemnation of Russia’s actions and indicates ongoing efforts by members of Congress to provide continued support to Ukraine beyond military aid. In April, U.S. President Joe Biden characterized Russian atrocities in Ukraine as an act of genocide. “We’ll let the lawyers decide internationally whether or not it qualifies, but it sure seems that way to me,” he said, speaking to reporters in Iowa. Biden’s remarks were echoed by the Canadian and British prime ministers while French President Emmanuel Macron and German Chancellor Olaf Scholz declined to use the term, underscoring long-standing differences within the international community as to what constitutes genocide. As a crime, genocide is distinct from other mass atrocities, and it is defined in the United Nation Genocide Convention as “acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” Since 1989, the U.S. State Department has recognized eight genocides, most recently declaring attacks on the Rohingya Muslims in Myanmar as genocide. U.S. designations of genocide can take years of gathering and analyzing evidence, and senior Biden administration officials noted that the president’s remarks in April did not constitute a formal U.S. policy shift. Arguing that events in Ukraine could constitute genocide, the resolution points to statements made in Russian state media and by senior officials, including by Russian President Vladimir Putin, that undermine Ukrainian statehood and sovereignty; the congressional resolution alleges that the atrocities were carried out with a specific purpose. Proving that the crimes are carried out with deliberate genocidal intent can often be difficult to prove in law. A number of Russian soldiers and units—which were accused of committing war crimes in the Kyiv suburb of Bucha, specifically torture, rape, and summary executions of civilians—were awarded in April by Putin, who designated the 64th Motor Rifle Brigade as Guards and praised them for their “mass heroism and valor, tenacity, and courage.” The resolution is set to be introduced by Democratic Rep. Steve Cohen and is expected to be co-sponsored by a bipartisan group of House members who sit on the Helsinki Commission, an independent U.S. government agency tasked with promoting human rights and security in Europe. In April, the commission wrote to the president of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe to endorse a declaration passed by the Ukrainian parliament characterizing Russia’s actions as genocide and urging the assembly to pass a similar resolution.
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briefing
Russia's Swiss Enablers
Thursday, May 05, 2022Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing examined the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists discussed how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. Related Information Panelist Biographies How the Swiss Law Enforcement Capitulated to the Russians in the Magnitsky Case - Bill Browder
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in the news
Ukraine's prosecutor general testified about alleged Russian war crimes at U.S. Helsinki Commission hearing
Thursday, May 05, 2022Ukraine's Prosecutor General Iryna Venediktova testified at the hearings of the Helsinki Commission on alleged war crimes of Russia in Ukraine, Venediktova said in a Facebook statement on Thursday. "The Helsinki Commission of the US Congress held a hearing on Russia's war crimes in Ukraine. I testified at the hearings about the horrific atrocities committed by the Russian army on our land: the deliberate bombing of civilian objects, killings and torture, the use of rape as a weapon," Venediktova said. The Helsinki Commission is a US government commission that "promotes human rights, military security, and economic cooperation in 57 countries," according to its website. Commissioners include US Senate, House of Representatives and executive branch members. The Ukrainian prosecutor general claimed that the Russian army had committed more than 9,800 war crimes in 70 days of war. She added that the unblocking of Mariupol and the end of the occupation of territories would open even more horrific cases for Ukraine to investigate. She said that "the red lining at the hearings were signs of genocide of the Ukrainian people and the prosecution of the main serial war criminal of the 21st century." "The deportation of our children in order to erase their identity and bring them up as Russians is a direct proof of the plan to destroy Ukraine. The overriding task of the world community is to develop an effective international mechanism of justice and responsibility for Russia's crimes in Ukraine, which will become a tool now and a safeguard for the future," Venediktova said. Mariupol Mayor Vadym Boichenko has claimed that Russian forces deported almost 40,000 people from Mariupol to Russia or the breakaway Donetsk People's Republic. Russia also said that it has "evacuated" over one million people to Russian territory since Feb. 24. There is no way to verify the Russian data on evacuations. Ukrainian officials have repeatedly said that thousands of citizens are being deported to Russia forcibly.
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in the news
Swiss Attacked for Going Easy on Seizing Russian Billions
Thursday, May 05, 2022The $7.6 billion in Russian assets seized to date by Swiss authorities is “insulting,” outspoken Kremlin critic Bill Browder said at briefing on Russian money in Switzerland. It’s “a lot of money in absolute terms but Switzerland is one of the main destinations for dirty Russian money,” said Browder. Given the Swiss Bankers Association has said there’s as much as 150 to 200 billion Swiss francs ($202 billion) in Russian assets in the country’s banks “I would almost say it’s slightly insulting,” he said. Browder, who has also highlighted what he perceives to be Swiss prosecutors’ soft approach to investigating Russian financial crime, called on the U.S. to review its cooperation framework with its Swiss counterparts, during the hearing organized by the Commission on Security and Cooperation in Europe on Thursday. “Based on my experience, it would lead me to believe the Swiss are knowingly turning their head the other way when it comes to some of the other oligarchs,” said Browder. The Swiss government said a month ago it had blocked 7.5 billion Swiss francs ($8 billion) in Russian assets in the country to date, as it issues sanctions that mirror those imposed by the European Union on those seen as close to Vladimir Putin. That figure represented a jump of 30% from their previous tally two weeks earlier and Swiss officials say the number will continue to rise as more assets hidden behind shell companies or in the names of associated are painstakingly uncovered. Switzerland surprised the world in early March by departing from its tradition of neutrality and saying it would fully embrace the European Union measures against Russia. But critics including Browder contend that the country needs to go much further. Read more: Swiss Hunt for Russian Wealth Criticized Despite $6 Billion Haul Erwin Bolliger, the chief of the Swiss Secretariat for Economic Affairs which is enforcing the sanctions, has tried to explain the gap by pointing out that are plenty of legitimately-held Russian investments in Switzerland. “There is merit in Bill’s suggestion to review the law enforcement relations between the U.S. and Switzerland,” said Mark Pieth, a law professor at the University of Basel and corruption expert, said at the hearing. Up until now, Switzerland’s approach to clamping down on dirty Russian money in the country has shown a “lack of courage,” Pieth said.
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hearing
Russian War Crimes in Ukraine
Wednesday, May 04, 2022Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.” The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice. Related Information Witness Biographies
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press release
Helsinki Commission Briefing to Examine Swiss Enabling of Russian Oligarchs
Friday, April 29, 2022WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance
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in the news
Biden administration urged to ban UK lawyers who ‘enabled’ oligarchs
Tuesday, April 19, 2022A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”
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in the news
Russia Critics Press Congress for Curbing Moscow's Role in International Groups
Wednesday, April 06, 2022Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.
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press release
Helsinki Commission Hearing to Examine Ways to Counter Oligarchs, Enablers, and Lawfare
Wednesday, March 30, 2022WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: COUNTERING OLIGARCHS, ENABLERS, AND LAWFARE Wednesday, April 6, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission As influential proxies of Russian dictator Vladimir Putin, Russian oligarchs work to weaken Western democracies from within. They pay Western enablers—especially lawyers and lobbyists—millions to use their standing in democratic societies to generate policies favorable to the authoritarian regime in Russia and to silence its critics. This hearing will examine ways to counter tactics oligarchs use to launder their money and reputations and stifle dissent. Witnesses will discuss their experiences investigating oligarchs and enablers, as well as the risks of doing so, which include abusive lawsuits filed by Western lawyers on behalf of Putin’s proxies. The following witnesses are scheduled to testify: Shannon Green, Executive Director, USAID’s Anti-Corruption Task Force; Senior Advisor to the Administrator Bill Browder, Head, Global Magnitsky Justice Campaign Daria Kaleniuk, Executive Director, Anti-Corruption Action Centre Scott Stedman, Founder, Forensic News Anna Veduta, Vice President, Anti-Corruption Foundation International
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in the news
With oligarchs in the crosshairs, alleged Western 'enablers' attract fresh scrutiny
Thursday, March 24, 2022As governments scramble to seize high-profile assets owned by Russian oligarchs, a quiet effort is gaining momentum in the West to target their alleged “enablers” – the lawyers, lobbyists and money-handlers who critics say help them hide, invest and protect their vast wealth in U.S. and European institutions. “The yachts and jets and villas get the most attention, but a lot of the oligarchs’ money is in private equity and hedge funds – places we can’t see,” said Maira Martini, a researcher with the corruption watchdog Transparency International. “That’s the money that really matters to them.” For decades, wealthy business tycoons with close ties to Russian President Vladimir Putin have enlisted the services of reputable bankers and lawyers in the West to navigate loopholes that obscure their identity. While it's not necessarily illegal to use obscure entities and agents to protect finances, critics say the laws need to be strengthened to create more transparency. rganized Crime and Corruption Reporting Project, a global investigative reporting platform that focuses on corruption, organized crimes and illicit financing, claims to have uncovered over 150 assets worth $17.5 billion held by 11 Russian elites and their alleged enablers, while a Forbes report identified more than 82 properties across the world -- a collective of $4.3 billion -- held by 16 sanctioned Russian oligarchs. Assets that have surfaced are likely only a fraction of these oligarchs' actual wealth. The true extent is difficult to track because they often use a convoluted network of shell companies, obscure entities and stand-ins to keep their finances hidden, experts said. But now, with war raging in Ukraine, lawmakers and corruption watchdogs are calling on governments to close those loopholes and crack down on the middlemen who know how to exploit them. “Putin’s oligarchs cannot operate without their Western enablers, who give them access to our financial and political systems,” said Rep. Steve Cohen, D-Tenn. “These unscrupulous lawyers, accountants, trust and company service providers and others need to do basic due diligence on their clients to ensure that they are not accepting blood money. This isn’t rocket science – it is common sense policy to protect democracy.” In Washington, Cohen and others have introduced the ENABLERS Act, which would require real estate brokers, hedge fund managers and other entities to “ask basic due diligence questions whenever somebody comes to them with a suitcase full of cash,” said Rep. Tom Malinowski, D-N.J., the lead sponsor of the bill. The International Consortium of Investigative Journalists, a global network of journalists and newsrooms that have tracked the wealthy's tax havens and financial secrecy, has identified at least a dozen networks of facilitators, offshore agents and banks across the world that have allegedly helped Russia's elites move and hide their money based on its analyses of public records and leaked financial documents the group has obtained over the past decade. This includes a range of actors, from global offshore law firms that create shell companies and other obscure entities to help wealthy Russians keep their finances clouded, to one-man shops in offshore tax havens that help set up "nominee" shareholders and paid stand-ins to conceal the real owners of entities. ICIJ also points to the roles of major law firms in helping shape the modern tax avoidance system as well as the roles of big financial institutions and banks in helping wealthy Russians move their money. Last year, The Washington Post, as part of its collaboration with ICIJ's Pandora Papers project, reported on how South Dakota, with its limited oversight, vague regulations and trust secrecy, has become a tax haven for secretive foreign money. Malinowski stressed that the United States "has become one of the easiest places in the world for corrupt kleptocrats around the world to hide money." “What we've basically allowed is a system where people can steal their money in countries without the rule of law and then protect their money in countries like ours where they can count on property rights and courts and privacy rules to safeguard his loot for life," Malinowski said. "We should not be complicit in the theft that supports dictatorships like Putin." Experts warned that sanctions and asset seizures, while effective in the short term, may be toothless over time if secrecy loopholes remain in place. On Wednesday, Transparency International published an open letter calling on Western leaders to take steps to stem rules that foster opacity. “To disguise their wealth and keep them out of the reach of law enforcement authorities, kleptocrats will turn to lawyers, real estate agents, banks, crypto-service providers and banks in your countries,” the letter reads. “You must redouble your supervision efforts over the gatekeepers of the financial sector.”
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statement
Chairman Cardin Emphasizes the Importance of the Global Magnitsky Act
Wednesday, March 23, 2022Madam President, reserving the right to object to the request from the Senator from Idaho, it is my understanding that the Senator’s modification would not include provisions that were included in the Housepassed legislation that modifies the global Magnitsky sanction regime. I just would like to speak for a moment, if I might. There is no question that we stand with the people of Ukraine against the unprovoked attack by Mr. Putin. We are inspired every day by the courage of the Ukrainian people and by their inspirational leader, President Zelenskyy. The United States has shown leadership, and I congratulate the Biden administration. We have led the free world in providing defensive lethal weapons to Ukraine to defend itself. We have provided humanitarian assistance, joining the global community, including dealing with 3 million Ukrainians that are now refugees in other countries and 10 million that have been displaced as a result of Mr. Putin’s unprovoked attack. And we have led on sanctions. We have led in getting the global unity to impose sanctions against not just the Russian sectors, but also against individuals. And when Mr. Zelenskyy spoke before the Members of Congress, he specifically mentioned the importance of these sanctions; and he asked us to expand those covered by the sanctions to include the enablers, those that are enabling Mr. Putin—the oligarchs—to be able to fund his aggression against Ukraine. So what did the House send over to us? In their bill, they sent over a global Magnitsky modification. It is identical to legislation that was filed by Senator PORTMAN and myself that included the revocation of PNTR for Russia, along with the global Magnitsky. First and foremost, it removes the sunset that is in the legislation that would sunset this year. Mr. Zelenskyy asked for us to be resolved in being willing to stand up to Mr. Putin, that it would take some time. A clear message is that we remove the sunset on the global Magnitsky statute. And we know how difficult it is to get legislation passed in this body. It also expands the global Magnitsky to include the enablers—exactly what Mr. Zelenskyy asked us to do—those that enabled—the oligarchs that allowed him to be able to finance this. The language that is included in here is very similar to the language that was included in President Trump’s Executive order. This is critical legislation. Now, let me just tell you how appropriate it is that it is included in a PNTR bill—because the first Magnitsky sanction bill—and Senator WYDEN was very important in getting this done—was included in the original PNTR bill for Russia, and we were able to get it done at that time. We then made it a global Magnitsky, and my partner on that was the late Senator McCain. It has always been bipartisan. My partner now is Senator WICKER. The two of us have joined forces to make sure we get it done now. It is critically important in order to impose banking restrictions on those that are targeted under the global Magnitsky, as well as visa restrictions on being able to travel. How important is it? Ask Mr. Usmanov, who is one of the principal oligarchs to Mr. Putin, who solves Mr. Putin’s business problems. Guess how he solves those problems? Well, his yacht has now been confiscated in Germany. That is how important these sanctions are and how we have to move them forward. So, if I understand my colleague’s request, it would deny the opportunity for us to act on the global Magnitsky, which Mr. Zelenskyy has specifically asked us to do. We would lose that opportunity. We would be sending this bill back to the House that is not in session, which means there will be a further delay in repealing PNTR for Russia, which is something we need to do now, today. We can get it to the President for signature today under the majority leader’s request. And as the majority leader has indicated, I support the energy ban—I support the Russian energy ban. President Biden has already taken steps to do that. And I agree with my colleague from Idaho. I would like to incorporate that in statute, but there is no urgency to do that as there is on repealing PNTR and the global Magnitsky. That is the urgency. That is what we need to get done today. That is what we can get to the President this afternoon under the majority leader’s request, and that will be denied if my friend from Idaho’s request were granted. So, for all those reasons, I object.
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in the news
International Court orders Russia to suspend invasion of Ukraine
Thursday, March 17, 2022Helsinki Commission Chairman Senator Ben Cardin joined ABC News to discuss a resolution submitted by himself and others, which was recently adopted by the Senate and called on the Putin regime to be held accountable for war crimes committed during Russia's invasion of Ukraine."I hope that one day in the near future we'll see [Mr. Putin] at the Hague, tried as a war criminal," he said. On March 23, the U.S. Department of State published a statement confirming that Russian forces have committed war crimes in Ukraine.
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briefing
Conflict of Interest?
Wednesday, February 16, 2022Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act. A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges. The briefing, held on February 16, 2022, investigated the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also explored practical policy recommendations to help Turkey overcome this disconnect. During the briefing, attendees heard from Dr. Soner Cagaptay, Director of the Turkish Research Program at the Washington Institute for the Near East, and Deniz Yuksel, Turkey Advocacy Specialist with Amnesty International. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the briefing by remarking on the importance of Turkey and his personal history with Turkey. He also emphasized that human rights abuses in Turkey have long been a subject of concern, particularly those brought about by President Erdogan’s empire-building attempts. “We need to do what we can to see that the whole world is fair for citizens to express themselves, for press to express themselves, and for people to get information, without which we will not have independent democracies,” he said. Mr. Nishanov explained in opening remarks that Turkey’s position is complex and multi-faceted—while Turkey has been making efforts to normalize relationships with Armenia, Israel, and Egypt as well as bearing a large refugee burden, recent years have been challenging as Turkey experienced economic pain, inflation, and governance issues. Additionally, Turkey’s record of human rights abuses, anti-immigrant sentiments, and other obstacles cast a pall on recent progress, and bring into question the future of Turkey’s democratic development. Dr. Soner Cagaptay spoke about President Erdogan’s declining domestic popularity and the looming threat of economic hardship in Turkey. He also remarked on President Erdogan’s attempts to restore ties with Turkey’s Gulf neighbors, as well as with the United States and Europe. Dr. Cagaptay asserted that as tensions heightened between Russia and Ukraine, Turkey would adopt a neutral public-facing identity, but support Kyiv militarily. While Russia and Turkey are often compared, he pointed out that Turkey has measures of democracy that Russia does not. “The lesson of Turkey under Erdogan is that it takes a long time to kill [democracy]. Turkish democracy is resilient, it is not dead,” he said. Deniz Yuksel spoke to Turkey’s human rights crisis and the dangers opposition politicians, journalists, and citizens face. Reports of torture and detention are common, and those calling out such abuses face persecution themselves. She recommended that U.S. officials raise human rights concerns in every engagement with Turkey. She emphasized, “From the record-breaking imprisonment of journalists to the persecution of LGBTI people, an ongoing crisis of gender-based violence, and the unlawful deportation of refugees, the failures of Turkey’s judicial system cut across societal lines and undermine the human rights of all.” During the question-and-answer segment of the briefing, panelists addressed a range of questions including how specific ethnic minorities are treated in Turkey, how human rights abuses may affect Turkey’s relationship with the United States, and what challenges will arise alongside Turkey’s 2023 elections. Related Information Panelist Biographies Will Turkey Help Washington If Russia Invades Ukraine? | The Washington Institute Human Rights in Turkey | Amnesty International – USA: Turkey Regional Action Network Turkey’s Careful and Risky Fence-Sitting between Ukraine and Russia | Foreign Policy Research Institute
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press release
Helsinki Commission Briefing to Examine Intersection Between Foreign Policy and Human Rights in Turkey
Thursday, February 10, 2022WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: CONFLICT OF INTEREST? Foreign Policy and Human Rights in Turkey Wednesday, February 16, 2022 11:00 a.m. Register: https://bit.ly/3Je5Ck4 Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act. A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges. The briefing will investigate the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also will explore practical policy recommendations to help Turkey overcome this disconnect. The following panelists are scheduled to participate: Soner Cagaptay, Director, Turkish Research Program, Washington Institute for the Near East Deniz Yuksel, Turkey Advocacy Specialist, Amnesty International
Madam President, 15 years ago this week three American citizens--the brothers Ylli, Agron and Mehmet Bytyqi --were transferred from a prison to an Interior Ministry camp in Eastern Serbia. At that camp, they were executed and buried in a mass grave with dozens of Albanians from Kosovo.
Today, I again call upon the Serbian authorities to bring those responsible for these murders to justice. Belgrade has given us assurances in recent years that action will be taken, but no clear steps have actually been taken to apprehend and prosecute those known to have been in command of the camp or the forces operating there.
The three Bytyqi brothers went to Kosovo in 1999, a time of conflict and NATO intervention. Well after an agreed cessation of hostilities in early June, the brothers escorted an ethnic Romani family from Kosovo to territory still under Serbian control, where that family would be safer. Serbian authorities apprehended the brothers as they were undertaking this humanitarian task and held them in jail for 15 days for illegal entry. When time came for their release, they were instead turned over to a special operations unit of the Serbian Interior Ministry, transported to the camp and brutally executed. There was no due process, no trial, and no opportunity for the brothers to defend themselves. There was nothing but the cold-blooded murder of three American citizen brothers.
Serbia today is not the Serbia of 15 years ago. The people of Serbia ousted the undemocratic and extreme nationalist regime of Slobodan Milosevic in 2000, and the country has since made a steady, if at times difficult, transition to democracy and the rule of law. In 2014, Serbia began accession talks to join the European Union, and in 2015 it will chair the OSCE, a European organization which promotes democratic norms and human rights.
I applaud Serbia on its progress and I support its integration into Europe, but I cannot overlook the continued and contrasting absence of justice in the Bytyqi case. The new government of Prime Minister Aleksandar Vucic has pledged to act. It must now generate the political will to act. The protection of those responsible for this crime can no longer be tolerated.
The surviving Bytyqi family deserves to see justice. Serbia itself will put a dark past behind it by providing this justice. Serbian-American relations and Serbia's OSCE chairmanship will be enhanced by providing justice. It is time for those responsible for the Bytyqi brother murders to lose their protection and to answer for the crimes they committed 15 years ago.