Belarus Democracy Act 2003

Belarus Democracy Act 2003

Hon.
Ben N. Campbell
United States
Senate
108th Congress Congress
First Session Session
Tuesday, March 25, 2003

Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I have closely monitored developments in the Republic of Belarus and informed my Senate colleagues of disturbing trends in that nation. I have met with members of the fledgling democratic opposition who, at great personal risk, dare to speak out against the repressive regime led by Alexander Lukashenka. I have met with the courageous wives whose husbands disappeared because they stood up to the regime and would not be silent. Against the backdrop of this climate of fear, the powers of the state have been brought to bear against independent journalists, trade unionists, and other voices of dissent.

Increasingly, Belarus has been driven into self-imposed isolation under Lukashenka devoid of legitimate leadership or accountability. A little over a year ago I addressed the Senate to voice concern over reported arms deals between the regime and rouge states, including Iraq. It appears that such sales have taken on greater importance as the Belarusian economy spirals downward.

Mr. President, while some might be tempted to dismiss Belarus as an anomaly, the stakes are too high and the costs too great to ignore. Accordingly, today, I am introducing the Belarus Democracy Act of 2003, which is designed to help put an end to repression and human rights violations in Belarus and to promote Belarus’ entry into a democratic Euro-Atlantic community of nations.

As a participating State in the Organization for Security and Cooperation in Europe (OSCE), Belarus has accepted a series of norms in the areas of democracy, human rights and the rule of law. As Europe’s last dictator, Lukashenka continues to brashly trample the fundamental rights of his own people and their culture.

As I alluded to earlier, independent media, non-governmental organizations, trade unions and the democratic opposition have had to operate under extremely difficult conditions, often facing serious mistreatment and an orchestrated campaign of harassment. Despite the repressions there are courageous individuals who support democracy have not been silenced. Two weeks ago, for example, Alexander Yarashuk, the leader of the Belarusian Congress of Democratic Trade Unions, called on Lukashenka to immediately cease backing Saddam. Moreover, just last week, on March 12, thousands gathered peacefully in a central Minsk square to protest deteriorating economic and social conditions in Belarus. Four of the rally’s organizers – Andrei Sannikov, Ludmila Gryaznova, Dmitry Bondarenko and Leonid Malakhov – were given 15 day jail sentences for “participation in unauthorized mass actions.”

Despite calls for change within Belarus, and considerable prodding from the international community, Lukashenka has shown no desire to deviate from his path of authoritarianism and personal profit at the expense of his own people. A few months ago, Lukashenka, who effectively controls the Belarusian parliament, signed into laws a new, repressive religion law. Local elections held earlier this month followed the pattern of Belarus’ 2000 parliamentary and 2001 presidential elections – they were a joke. Control of election commissions, denials of registration for opposition candidates, “early voting” and outright falsifications were the norm.

Mr. President, the Belarus Democracy Act of 2003 would authorize additional assistance for democracy-building activities such as support for NGOs, independent media, including radio and television broadcasting to Belarus, and international exchanges. It also encourages free and fair parliamentary elections, which have been notably absent in Belarus. This bill would also deny high-ranking officials of the Lukashenka regime entry into the United States. Additionally, strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. executive directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance for humanitarian needs. The bill would also require reports from the President concerning the sale of delivery of weapons or weapons-related technologies from Belarus to rogue states, including Iraq and North Korea.

I am very pleased that the Ranking Member of the Committee on Foreign Relations, Senator Biden, is an original cosponsor of this measure. His support will ensure that we proceed on a bipartisan basis as we work to ensure the timely adoption and implementation of this legislation.

Mr. President, the goal of the Belarus Democracy Act is to assist Belarus in becoming a genuine European state, in which respect for human rights and democracy is the norm and in which the long-suffering Belarusian people are able to overcome the legacy of dictatorship – past and present. Adoption and implementation of the Belarus Democracy Act will offer a ray of hope that the current period of political, economic and social stagnation will indeed end. The people of Belarus deserve a chance for a brighter future free of repression and fear.

I ask unanimous consent that the text of the Belarus Democracy Act be printed in the Record.

There being no objection, the bill was ordered to be printed in the Record, as follows:

S. 700

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Belarus Democracy Act of 2003''.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The United States supports the promotion of democracy, respect for human rights, and the rule of law in the Republic of Belarus consistent with its commitments as a participating state of the Organization for Security and Cooperation in Europe (OSCE).

(2) The United States has a vital interest in the independence and sovereignty of the Republic of Belarus and its integration into the European community of democracies.

(3) The last parliamentary election in Belarus deemed to be free and fair by the international community was conducted in 1995 from which emerged the 13th Supreme Soviet whose democratically and constitutionally derived authorities and powers have been usurped by the authoritarian regime of Belarus President Aleksandr Lukashenka.

(4) In November 1996, Lukashenka orchestrated an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolish the duly-elected parliament, the 13th Supreme Soviet, install a largely powerless National Assembly, and extend his term of office to 2001.

(5) In May 1999, democratic forces in Belarus challenged Lukashenka's unconstitutional extension of his presidential term by staging alternative presidential elections which were met with repression.

(6) Democratic forces in Belarus have organized peaceful demonstrations against the Lukashenka regime in cities and towns throughout Belarus which led to beatings, mass arrests, and extended incarcerations.

(7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who have been leaders and supporters of the democratic forces in Belarus, and Dmitry Zavadsky, a journalist known for his critical reporting in Belarus, have disappeared and are presumed dead.

(8) Former Belarus Government officials have come forward with credible allegations and evidence that top officials of the Lukashenka regime were involved in the disappearances.

(9) The Lukashenka regime systematically harasses and represses the independent media and independent trade unions, imprisons independent journalists, and actively suppresses freedom of speech and expression.

(10) The Lukashenka regime harasses the autocephalic Belarusian Orthodox Church, the Roman Catholic Church, the Jewish community, the Hindu Lights of Kalyasa community, evangelical Protestant churches (such as Baptist and Pentecostal groups), and other minority religious groups.

(11) The Law on Religious Freedom and Religious Organizations, passed by the National Assembly and signed by Lukashenka on October 31, 2002, establishes one of the most repressive legal regimes in the OSCE region, severely limiting religious freedom and placing excessively burdensome government controls on religious practice.

(12) The United States, the European Union, the North Atlantic Treaty Organization (NATO) Parliamentary Assembly, and the OSCE Parliamentary Assembly have not recognized the National Assembly.

(13) The parliamentary elections of October 15, 2000, conducted in the absence of a democratic election law, were illegitimate, unconstitutional, and plagued by violent human rights abuses committed by the Lukashenka regime, and have been determined by the OSCE to be nondemocratic.

(14) The presidential election of September 9, 2001, was determined by the OSCE and other observers to be fundamentally unfair, to have failed to meet OSCE commitments for democratic elections formulated in the 1990 Copenhagen Document, and to have featured significant and abusive misconduct by the Lukashenka regime, including--

(A) the harassment, arrest, and imprisonment of opposition members;

(B) the denial of equal and fair access by opposition candidates to state-controlled media;

(C) the seizure of equipment and property of independent nongovernmental organizations and press organizations, and the harassment of their staff and management;

(D) voting and vote counting procedures that were not transparent; and

(E) a campaign of intimidation directed against opposition activists, domestic election observation organizations, and opposition and independent media, and a libelous media campaign against international observers.

SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.

(a) PURPOSES OF ASSISTANCE.--Assistance under this section shall be available for the following purposes:

(1) To assist the people of the Republic of Belarus in regaining their freedom and to enable them to join the European community of democracies.

(2) To encourage free and fair presidential, parliamentary, and local elections in Belarus, conducted in a manner consistent with internationally accepted standards and under the supervision of internationally recognized observers.

(3) To assist in restoring and strengthening institutions of democratic governance in Belarus.

(b) AUTHORIZATION FOR ASSISTANCE.--To carry out the purposes set forth in subsection (a), the President is authorized to furnish assistance and other support for the activities described in subsection (c), to be provided primarily for indigenous groups in Belarus that are committed to the support of democratic processes in Belarus.

(c) ACTIVITIES SUPPORTED.--Activities that may be supported by assistance under subsection (b) include--

(1) the observation of elections and the promotion of free and fair electoral processes;

(2) the development of democratic political parties;

(3) radio and television broadcasting to and within Belarus;

(4) the development of nongovernmental organizations promoting democracy and supporting human rights;

(5) the development of independent media working within Belarus and from locations outside Belarus, and supported by non-state-controlled printing facilities;

(6) international exchanges and advanced professional training programs for leaders and members of the democratic forces in matters central to the development of civil society; and

(7) other activities consistent with the purposes of this Act.

(d) AUTHORIZATION OF APPROPRIATIONS.--

(1) IN GENERAL.--There is authorized to be appropriated to the President to carry out this section $40,000,000 for fiscal years 2004 and 2005.

(2) AVAILABILITY OF FUNDS.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

SEC. 4. RADIO BROADCASTING TO BELARUS.

(a) PURPOSE.--It is the purpose of this section to authorize increased support for United States Government and surrogate radio broadcasting to the Republic of Belarus that will facilitate the unhindered dissemination of information in Belarus.

(b) AUTHORIZATION OF APPROPRIATIONS.--In addition to such sums as are otherwise authorized to be appropriated, there is authorized to be appropriated $5,000,000 for each fiscal year for Voice of America and RFE/RL, Incorporated for radio broadcasting to the people of Belarus in languages spoken in Belarus.

(c) REPORT ON RADIO BROADCASTING TO AND IN BELARUS.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on how funds appropriated and allocated pursuant to the authorizations of appropriations under subsection (b) and section 3(d) will be used to provide AM and FM broadcasting that covers the territory of Belarus and delivers independent and uncensored programming.

SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

(a) APPLICATION OF SANCTIONS.--The sanctions described in subsections (c) and (d), and any sanction imposed under subsection (e) or (f), shall apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b).

(b) CONDITIONS.--The conditions referred to in subsection (a) are the following:

(1) The release of individuals in Belarus who have been jailed based on political or religious beliefs.

(2) The withdrawal of politically motivated legal charges against all opposition figures and independent journalists in Belarus.

(3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of the individuals who are responsible for their disappearances.

(4) The cessation of all forms of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations (including their leadership and members), and the political opposition in Belarus.

(5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with Organization for Security and Cooperation in Europe (OSCE) standards on democratic elections and in cooperation with relevant OSCE institutions.

(c) PROHIBITION ON STRATEGIC EXPORTS TO BELARUS.--

(1) PROHIBITION.--No computers, computer software, goods, or technology intended to manufacture or service computers, or any other related goods or technology, may be exported to Belarus for use by the Government of Belarus, or by its military, police, prison system, or national security agencies. The prohibition in the preceding sentence shall not apply with respect to the export of goods or technology for democracy-building or humanitarian purposes.

(2) RULE OF CONSTRUCTION.--Nothing in this subsection shall prevent the issuance of licenses to ensure the safety of civil aviation and safe operation of commercial passenger aircraft of United States origin or to ensure the safety of ocean-going maritime traffic in international waters.

(d) PROHIBITION ON LOANS AND INVESTMENT.--

(1) UNITED STATES GOVERNMENT FINANCING.--No loan, credit guarantee, insurance, financing, or other similar financial assistance may be extended by any agency of the United States Government (including the Export-Import Bank and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products.

(2) TRADE AND DEVELOPMENT AGENCY.--No funds available to the Trade and Development Agency may be available for activities of the Agency in or for Belarus.

(e) DENIAL OF ENTRY INTO UNITED STATES OF CERTAIN BELARUS OFFICIALS.--

(1) DENIAL OF ENTRY.--It is the sense of Congress that, in addition to the sanctions provided for in subsections (c) and (d), the President should use the authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien who--

(A) holds a position in the senior leadership of the Government of Belarus; or

(B) is a spouse, minor child, or agent of a person described in subparagraph (A).

(2) SENIOR LEADERSHIP OF THE GOVERNMENT OF BELARUS DEFINED.--In this subsection, the term ``senior leadership of the Government of Belarus'' includes--

(A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of Belarus;

(B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including judges and prosecutors; and

(C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime in Belarus that are in contradiction of internationally recognized human rights standards.

(f) MULTILATERAL FINANCIAL ASSISTANCE.--It is the sense of Congress that, in addition to the sanctions provided for in subsections (c) and (d), the Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs.

(g) WAIVER.--The President may waive the application of any sanction described in this section with respect to Belarus if the President determines and certifies to the appropriate congressional committees that it is important to the national interests of the United States to do so.

SEC. 6. MULTILATERAL COOPERATION.

It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus that are similar to measures provided for in this Act.

SEC. 7. ANNUAL REPORTS.

(a) REPORTS.--Not later than 90 days after the date of the enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following:

(1) The sale or delivery of weapons or weapons-related technologies from the Republic of Belarus to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support for acts of international terrorism.

(2) An identification of each country described in paragraph (1) and a detailed description of the weapons or weapons-related technologies involved in the sale.

(3) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies.

(4) The personal assets and wealth of Aleksandr Lukashenka and other senior leadership of the Government of Belarus.

(b) FORM.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex.

SEC. 8. DECLARATION OF POLICY.

Congress hereby--

(1) expresses its support to those in the Republic of Belarus seeking--

(A) to promote democracy, human rights, and the rule of law and to consolidate the independence and sovereignty of Belarus; and

(B) to promote the integration of Belarus into the European community of democracies;

(2) expresses its grave concern about the disappearances of Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky;

(3) calls upon the Lukashenka regime in Belarus to cease its persecution of political opponents or independent journalists and to release those individuals who have been imprisoned for opposing his regime or for exercising their right to freedom of speech;

(4) calls upon the Lukashenka regime to end the pattern of clear, gross, and uncorrected violations of relevant human dimension commitments of the Organization for Security and Cooperation in Europe (OSCE), and to respect the basic freedoms of speech, expression, assembly, association, language, culture, and religion or belief;

(5) calls upon the Government of the Russian Federation to use its influence to encourage democratic development in Belarus so that Belarus can become a democratic, prosperous, sovereign, and independent state that is integrated into Europe;

(6) calls upon the Government of Belarus to resolve the continuing constitutional and political crisis in Belarus through--

(A) free, fair, and transparent presidential and parliamentary elections in Belarus, as called for by the OSCE;

(B) respect for human rights in Belarus;

(C) an end to the current climate of fear in Belarus;

(D) meaningful access by the opposition to state media in Belarus;

(E) modification of the electoral code of Belarus in keeping with OSCE commitments;

(F) engagement in genuine talks with the opposition in Belarus; and

(G) modifications of the constitution of Belarus to allow for genuine authority for the parliament; and

(7) commends the democratic opposition in Belarus for their commitment to freedom, their courage in the face of the repression of the Lukashenka regime, and the emergence of a pluralist civil society in Belarus--the foundation for the development of democratic political structures.

SEC. 9. DEFINITION.

In this Act, the term "appropriate congressional committees'' means--

(1) the Committee on International Relations of the House of Representatives; and

(2) the Committee on Foreign Relations of the Senate. 

Relevant countries: 
  • Related content
  • Related content
Filter Topics Open Close
  • Tribute to Robert Hand for Forty Years of Service at the Commission on Security and Cooperation in Europe

    Recognizing 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.

  • My "Hell" in Russian Captivity

    Russia’s war crimes in Ukraine include the brutal and unlawful detention of thousands of Ukrainians. At this hearing, Yuliia “Taira” Paievska, a well-known Ukrainian volunteer medic who was detained in Mariupol in March and held by the Russians for three months, testified about her capture, the deplorable conditions of her captivity, the plight of those who continue to be detained unlawfully, and her lifesaving work since 2014 providing medical assistance to those wounded by Russia’s war.   Taira outlined the daily experience of torture, psychological manipulation, and inhumane living conditions she and others were subjected to by their Russian captors. She explained that she was detained during a document check, and when a guard recognized her name, she was singled out for especially cruel treatment.    Held in the occupied territories but under the direct control of Russian forces, Taira spent three months in captivity. Her captors attempted to force a public confession from her for crimes she had not committed. Taira knew they would use this footage to drive the Russian propaganda narrative of Ukrainian cruelty and defend their own atrocities. She had seen footage of friends and colleagues admitting to crimes she knows they did not commit in order to escape the torture that she herself faced. Taira noted that the Russians spared no one, capturing and torturing civilians as well as soldiers.   After thanking the United States for all the support it has given to Ukraine, she asked for help fighting Russian propaganda. She believes that the world must challenge Russian narratives. Taira requested additional shipments of modern weapons from the United States, stating that Ukrainians have proved themselves as responsible stewards of American weaponry and will use them to continue fighting with honor. She also asked for American help in facilitating international access to prisons in occupied Ukraine, in order to ensure fair treatment of prisoners according to the Geneva Conventions. Finally, Taira requested that the United States designate Russia as a state sponsor of terrorism, continue supporting Ukraine financially, and recognize the violence and oppression committed by Russia in Ukraine as a genocide.     

  • Ukrainian Medic to Testify on “Hell” in Russian Captivity, War in Ukraine at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MY “HELL” IN RUSSIAN CAPTIVITY Taira Paievska on Russia’s War in Ukraine Thursday, September 15, 2022 9:00 a.m. Dirksen Senate Office Building Room 106 Watch live: www.youtube.com/HelsinkiCommission Russia’s war crimes in Ukraine include the brutal and unlawful detention of thousands of Ukrainians. At this hearing, Yuliia “Taira” Paievska, a Ukrainian volunteer medic who was detained in Mariupol in March and held by the Russians for three months, will testify about her capture; the deplorable conditions of her three-month captivity; the plight of those who continue to be detained unlawfully; and her lifesaving work since 2014 providing medical assistance to those wounded by Russia’s war. The following witnesses are scheduled to participate: Yuliia “Taira” Paievska, Ukrainian veteran and volunteer paramedic; Commander, “Taira’s Angels” Dr. Hanna Hopko, Co-Founder, International Center for Ukrainian Victory; Former Chair, Committee on Foreign Affairs, Parliament of Ukraine

  • Co-Chairman Cohen Calls for the Release of Political Prisoners in Belarus

    Washington – On the second anniversary of the sham presidential election in Belarus, the Helsinki Commission Co-Chairman and OSCE PA Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) issued the following statement: “Two years ago today, Belarus’s autocrat Aleksander Lukashenko put up a show of an election that he had hoped would legitimize his unconstitutional power grab. Despite the many and well-documented cases of election abuse, the people of Belarus did not fall for the tricks of the one-man ruler of Belarus. They voted Lukashenko out, but, predictably, he refused to leave. He ignored the will of the people and chose vicious violence to suppress the peaceful dissent. “In the year following the unprecedented in scale peaceful rallies against the 2020 election results, Lukashenko’s troops arrested, tortured and imprisoned a reported 35,000 Belarusians for the simple act of demanding the government respect their choice and rights. He personally presided over the largest ever domestic repression that saw thousands behind bars and tens of thousands flee the country, including the opposition leader and likely legitimate winner absent election fraud, Sviatlana Tsikhanouskaya, who has been welcomed by neighboring countries. “Since that time, Lukashenko has continued a crackdown on civic participation in Belarus with arrests of civilians protesting the Russian war in Ukraine, changes to Belarus’s non-nuclear status, and the ongoing Lukashenko regime during last year’s March 25th anniversary of Belarus’s ‘Freedom Day,’ adding to the already sizeable number of politically motivated detainments in the country. “There are now close to 1200 individuals languishing in Belarusian prisons for speaking out against authoritarianism, corruption and war. Included among the political prisoners are: Syarhey Tsikhanouski, husband of Sviatlana Tsikhanouskaya and potential candidate against Lukashenko detained in May 2020; Roman Protasevich, journalist and opposition figure accused of inciting mass protests and detained after a false bomb threat forced the landing of Ryanair flight FR4978 destined for Lithuania in Belarus in May 2021; Sofia Sapega, Russian citizen and girlfriend of Protasevich who also was aboard Ryanair flight FR4978; Radio Free Europe/Radio Liberty Belarus Service journalists Ihar Losik, Andrey Kuznechyk and Aleh Kruzdzilovic; and Ales Bialiatski, founder of Viasna Human Rights Centre, a human rights organization based in Minsk that provides financial and legal support to political prisoners. These are but a few names representing political candidates, oppositionists, activists, journalists and other Belarusian and non-Belarusian citizens detained by Lukashenko’s regime. “Lukashenko must immediately order the release of all political prisoners and wrongfully detained individuals and stop the systematic violations of human rights.  I call on the U.S. Department of State and our allies abroad to work together during this time of heightened tension with Belarus and Belarus’s benefactor, Russia, to ensure the unjustly imprisoned Belarusians are released at the earliest date possible.”

  • Helsinki Commission Digital Digest July 2022

  • CO-CHAIRMAN COHEN APPOINTED AS OSCE PARLIAMENTARY ASSEMBLY SPECIAL REPRESENTATIVE ON POLITICAL PRISONERS

    WASHINGTON—Margareta Cederfelt, President of the OSCE Parliamentary Assembly (PA), has appointed Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) as the first-ever OSCE PA Special Representative on Political Prisoners. “I welcome the chance to serve as the voice of political prisoners across the OSCE region,” said Co-Chairman Cohen. “Every day, we witness more political arrests of opposition politicians, journalists, activists and civilians in Russia, Belarus, and other participating States that are cracking down on free speech, freedom of the press, and free thought. Through this position, I am committed to working tirelessly to elevate the issue of political imprisonment as the egregious violation of human rights that it is.” In his new role, Co-Chairman Cohen will collect and share intelligence on political prisoners throughout the OSCE region; raise awareness of participating States with high rates of political prisoners; advocate for the release of political prisoners; and promote dialogue at the OSCE PA and OSCE executive structures about political imprisonment.  Commission Chairman Senator Ben Cardin and Congressman Chris Smith were reappointed as Special Representative on Anti-Semitism, Racism and Intolerance, and Special Representative on Human Trafficking Issues, respectively.

  • Helsinki Commission Delegation Convenes Historic Black Sea Security Summit, Demonstrates Bipartisan Support for European Security

    WASHINGTON—From June 29 – July 9, Helsinki Commission Ranking Member Sen. Roger Wicker (MS) led a bipartisan, bicameral congressional delegation to Romania, the United Kingdom, Finland, and Sweden to consult with senior officials across Europe about Russia’s war on Ukraine, security in the Black Sea region, and Finland and Sweden’s plans to join NATO. On the shores of the Black Sea in Constanta, Romania, Sen. Wicker and Romanian Foreign Minister Bogdan Aurescu co-chaired the first-ever congressionally-organized Black Sea Security Summit to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation. “Given Russia’s monstrous war on Ukraine and its wider aggression in the region, it is not an exaggeration to say that the Black Sea is currently the epicenter of Euro-Atlantic security and global peace,” said Sen. Wicker. “Ukraine must be successful in this war…Vladimir Putin’s unprovoked aggression against a neighbor cannot stand.” “Over the last 25 years, a key objective of our bilateral strategic partnership has been to act as partners in enhancing our joint security and promoting the democratic and economic development of the Black Sea region.  The continuation of common decisive action in this regard at the bilateral and multilateral level is more relevant than ever,” said Minister Aurescu. “All along the Black Sea coast lies the first line of defense for the Euro-Atlantic community and the first line of support for our partners in Ukraine, the Republic of Moldova, and Georgia.” Prior to the summit, members of the Congressional delegation visited Romania’s Mihail Kogălniceanu Air Base, where they received briefings from U.S., Romanian, and other NATO personnel and met with American troops. Delegation members then traveled to Birmingham, UK, for the Annual Session of the OSCE Parliamentary Assembly (PA). Co-Chairman Rep. Steve Cohen (TN-09) was Head of the U.S. Delegation to the PA and spearheaded U.S. efforts to forge a strong, unified response from international legislators to Russia’s ongoing war of aggression against Ukraine and its people. “All OSCE parliamentarians must stand in solidarity with our Ukrainian colleagues as they battle the Kremlin’s vicious, intolerable war on Ukraine,” said Co-Chairman Cohen. “We must do all in our power—through this forum and all others—to ensure that Ukraine is victorious against Russian aggression.” During the Annual Session, parliamentarians overwhelmingly approved a resolution introduced jointly by Sen. Wicker and the heads of the Ukrainian and Lithuanian delegations, responding to Russia’s war on the Ukrainian people and the greater Russian threat to European security. The document “condemns resolutely and unequivocally the ongoing, intensified, clear, gross and still uncorrected violations of Helsinki Principles as well as of fundamental principles of international law by the Government of the Russian Federation in its war of aggression against Ukraine, as well as the complicity of Belarus in this war of aggression, and calls on the governments of OSCE participating States to do the same.” Several members of the U.S. Delegation successfully introduced more than two dozen amendments, designed to keep the focus on Russia’s current aggression, to an array of other resolutions. In Birmingham, the delegation also co-hosted an event highlighting the growing problem of political repression in Russia and Belarus, especially in the context of protesting the war on Ukraine; met with Mikhail Khodorkovsky to discuss his organization’s work to support political prisoners and democracy in Russia; and held bilateral meetings with the UK’s parliamentary leadership, OSCE officials, parliamentarians from other OSCE countries. Helsinki Commissioner Rep. Richard Hudson (NC-08) was re-elected to his post as chair of the OSCE PA’s Committee on Political Affairs and Security. Following the Annual Session, the congressional delegation stopped in Finland and Sweden to welcome the historic decision of both countries to join the NATO Alliance. In Finland, members met with President Sauli Niinistö, and Finnish parliamentarians including First Deputy Speaker Antti Rinne and OSCE PA Vice President Pia Kauma. In Sweden, they met with Foreign Minister Ann Linde, Deputy Defense Minister Jan Olof-Lin, and a group of members of the Swedish parliament, led by Speaker Andreas Norlén and OSCE PA President Margareta Cederfelt. In addition to Co-Chairman Cohen, Sen. Wicker, and Rep. Hudson, the Congressional delegation included Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Robert Aderholt (AL-04), Rep. Ruben Gallego (AZ-07), and Rep. Marc Veasey (TX-33), as well as Sen. John Cornyn (TX), Rep. Lloyd Doggett (TX-35), Rep. John Garamendi (CA-03), Rep. Sheila Jackson Lee (TX-18), Rep. August Pfluger (TX-11) and Rep. Chris Smith (NJ-04).

  • Switzerland, Playground of Russian Oligarchs, Emerges as Sanctions Weak Link

    ZUG, Switzerland—After Switzerland said in February it was joining European Union sanctions against Russian oligarchs, this quiet Alpine getaway seemed like an obvious place to hunt for targets. The streets are clustered with the offices of companies founded by Russia’s wealthiest men, along with the headquarters for landmark natural-gas pipelines Nord Stream 1 and 2 and the energy-trading department of Gazprom PJSC. So many Russian billionaires have homes or businesses here that the local opposition party had begun taking sightseers on an Oligarch’s Tour. Swiss newspapers nicknamed Zug “Little Moscow” and joked that local leaders wanted to build a Kremlin wall around the town. It didn’t seem so easy to the six local officials charged with helping implement sanctions. Working from a fifth-floor conference room, the team had a hard time identifying homes or local businesses officially owned by any of the hundreds of Russian oligarchs on the Swiss government’s list of sanctioned people. They struggled with Cyrillic names and often couldn’t make sense of the 300-page list, said Heinz Tännler, the financial director for the Canton, or state, of Zug. They also struggled with the implications for the local economy, added Mr. Tännler, who worries that sanctions have jeopardized his canton’s reputation as a safe place for foreign investment. “This is a very difficult time, especially for the Canton of Zug,” he said. In the end, the officials found exactly one company out of the roughly 30,000 registered in Zug that they believed was owned or controlled by a sanctioned individual. Zug’s slow start is emblematic of the country as a whole. Switzerland has pledged to punish Russia for its invasion of Ukraine. So far, that promise hasn’t triggered much action against Russian companies doing business there, bolstering concerns in world capitals that the Alpine financial hub isn’t doing enough to forestall the Kremlin and Russian President Vladimir Putin’s allies. Eighty percent of Russia’s commodities are traded through Switzerland, mostly through Zug and the lakeside city of Geneva. Swiss banks manage an estimated $150 billion for Russian clients, according to the country’s banking association. Thirty-two of the oligarchs closest to Mr. Putin have property, bank accounts or businesses in Switzerland, according to Zurich-based transparency group Public Eye. In the four months since Swiss authorities began sanctions, $6.8 billion in Russian financial assets have been frozen, alongside 15 homes and properties, according to the State Secretariat for Economic Affairs, or SECO. By contrast, EU countries have collectively frozen $14 billion in alleged oligarch assets spanning funds, boats, helicopters and real estate, in addition to over $20 billion in Russian central-bank reserves. EU countries have also blocked around $200 billion in financial transactions. Authorities on the U.K. island of Jersey alone froze over $7 billion in assets they said are linked to oligarch Roman Abramovich, who didn’t respond to requests for comment. U.S. senators have privately petitioned Swiss officials to do more to locate Russian money and property. “Instead of enabling Russia’s abuse of the global financial system, they should stand against it,” said Sen. Roger Wicker (R., Miss.), chair of the U.S. Commission on Security and Cooperation, which promotes human rights, military security and economic cooperation. Switzerland’s government has rejected that kind of criticism, stressing that its adoption of EU sanctions marks a historic shift and that it is doing everything possible to hunt down blacklisted assets. “It is clear that the sheer volume of the sanctions against Russia and Belarus, as well as the speed with which they were adopted, creates certain challenges for implementing authorities, in Switzerland and elsewhere,” said a SECO spokeswoman. Western sanctions have increasingly been used to squeeze Russia since 2014, when it annexed Crimea. Since then, Mr. Putin and a tight circle of allies have been exploiting gaps in the global financial system to evade blacklists and hide wealth overseas. Despite Switzerland’s status as a global financial hub, the country’s regulators are hamstrung by limited resources—SECO had just 10 officials fully dedicated to sanctions until recently, when the government hired five more. Their work is also frustrated by an old structural problem: The business of registering companies remains a hive of secrecy, making it difficult to identify ultimate ownership of assets, according to Western diplomats. Swiss bankers and transparency campaigners say billions of dollars of Russian clients’ assets have been transferred to the names of spouses and children in recent years—a phenomenon that accelerated in the run-up to the war, they say. The Gateway The Putin regime’s presence in Zug can be traced to the early days of his presidency, and a ceremony in the canton’s sprawling art nouveau palace, Theatre Casino. While Russia’s military was bombing the restive republic of Chechnya, Mr. Putin was awarded the 2002 “Zug Peace Prize” by the Nuclear Disarmament Forum, an organization of influential local businessmen that has since disbanded. The meeting, attended by business and political leaders close to the Kremlin and serenaded by the Russian National Orchestra, heralded the flourishing of Russian commodity trading in the town, according to local politicians. Many oligarchs have businesses in Zug that remain untouched by sanctions. They include Mr. Abramovich, the largest shareholder of Evraz PLC, a Russian steelmaker and mining company that has a trading arm in the canton. Evraz was sanctioned in the U.K., where it traded on the London Stock Exchange, but hasn’t been sanctioned in Switzerland or the EU, even though Mr. Abramovich has. Not far from Zug, in Winterthur, is the headquarters of Sulzer AG , an engineering company that is 48.8%-owned by Russian billionaire Viktor Vekselberg, who is sanctioned by the U.S. and the U.K. When Poland sanctioned Sulzer’s operations, the Swiss embassy in Warsaw unsuccessfully lobbied the Polish government to reverse the move, according to a Polish government official and the Swiss department of foreign affairs. Sulzer said Poland’s decision was wrong given that Mr. Vekselberg is just a minority shareholder and neither owns nor controls the company. Sulzer isn’t sanctioned anywhere else, a spokesman said. Representatives for Mr. Abramovich and Evraz didn’t reply to requests for comment. The SECO spokeswoman said the agency is in close contact with the U.K. authorities about sanctions, but “is not bound by their assessment.” A spokesman for the department of foreign affairs said that under Swiss law the government can assist Swiss companies abroad, and that sanctioning Sulzer’s Polish subsidiaries threatened jobs and hurt Sulzer clients. U.S. and European officials say they are counting on the Swiss government to find which companies and homes in Switzerland belong to sanctioned Russian oligarchs and freeze them. Switzerland’s history of financial secrecy, enshrined in its law, can make it exceedingly difficult to identify who owns what. Under Swiss legal precedent, lawyers can still open a company on behalf of a client and claim attorney-client privilege to block authorities from uncovering that person’s identity. That, officials say, hinders them from finding more companies whose accounts should be frozen under sanctions. It is also an obstacle for banks with small compliance teams. Swiss business registries don’t require firms to list true owners, which are often hidden by opaque companies in Switzerland held by trusts in financial havens, a loophole exploited by businessmen from Russia and elsewhere eager to mask the true ownership of their assets, according to Swiss opposition politicians and advocates for financial reform. “A Swiss lawyer hides the name of the beneficial owner in his vault, and there’s no way the Swiss authorities can get to the name,” said Mark Pieth, a former head of the Organization for Economic Cooperation and Development’s bribery division now at the Basel Institute on Governance. “The government has deliberately tied its own hands behind its back.” EuroChem Trusts came into play earlier this year when Switzerland, following the EU’s lead, sanctioned Andrey Melnichenko, one of Russia’s richest oligarchs and a longtime Swiss resident. On March 9, the EU added Mr. Melnichenko’s name—No. 721—to its blacklist, describing him as part of the “closest circle of Vladimir Putin ” and involved in businesses vital to the government. It mentioned a meeting he attended in Moscow with Mr. Putin in the first hours of Russia’s invasion of Ukraine, along with 35 other oligarchs. In Italy, police seized his sailing yacht, the world’s largest. Left untouched was EuroChem AG, a company founded by Mr. Melnichenko in 2001 that grew into one of the world’s top producers of fertilizer, with revenue last year of $10.2 billion. Based in a small glass tower in Zug nicknamed the Dallas Building, the company is deeply entwined in the supply chains of Europe’s largest chemical giants. The day before the sanctions were announced, the tycoon disclaimed his interest in a Cyprus trust that held the company, according to a document signed by EuroChem’s chief financial officer. That left Mr. Melnichenko’s wife, Aleksandra, a former Serbian pop star, as the trust’s sole beneficiary. “Given that Mr. Melnichenko no longer owns, holds or controls any funds and economic resources of EuroChem Group…neither EuroChem Group nor any member of EuroChem Group are subject to EU asset freeze measures,” stated a document viewed by The Wall Street Journal. EuroChem lawyers also wrote to SECO that the company wouldn’t provide economic resources to Mr. Melnichenko or pay dividends to his wife. On March 28, SECO rendered its judgment: EuroChem didn’t need to have its assets or bank accounts frozen. Officials in Zug followed suit. Mr. Tännler, the canton’s financial director, bridled at criticism that local officials aren’t looking hard enough. “I think people know that we did a good job, that we did what we can do,” he said. He washed his hands of the EuroChem decision. “SECO made a determination that EuroChem is clean,” Mr. Tännler said. The European Commission in June countered that decision, ruling that Ms. Melnichenko was unduly benefitting from her husband and should be sanctioned. Switzerland then followed suit, blacklisting her but leaving EuroChem untouched. Credit Suisse, which needs to answer to tougher U.S. regulators because of its U.S. dollar business, has frozen the accounts EuroChem held at the bank. A spokesman for the couple said Mr. Melnichenko considers the sanctions against him unjust. “The formal justifications are nonsense,” said the spokesman, who denied that Mr. Melnichenko is a member of Mr. Putin’s inner circle or provides substantial revenue to the Russian government. Ms. Melnichenko has appealed to the Council of the European Union, saying the sanctions against her have complicated EuroChem’s ability to sell fertilizer, “leading to the famine and death of millions of people.”

  • HELSINKI COMMISSION DIGITAL DIGEST JUNE 2022

  • The Helsinki Process: An Overview

    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.

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

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

  • Helsinki Commission Digital Digest May 2022

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

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

  • Helsinki Commission Slams Legislation in Belarus that Would Extend Use of the Death Penalty to Pro-Democracy and Anti-War Activists

    WASHINGTON—Following the approval of legislation in Belarus that would apply the death penalty to pro-democracy activists and those opposing Russia’s war in Ukraine, and ahead of the May 21 commemoration of the Day of Political Prisoners in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “With these amendments to the criminal code, Aleksandr Lukashenko and other senior officials in his regime seek to frighten brave Belarusian citizens into silence. These craven attempts to mute pro-democracy and anti-war activists are doomed to fail. Belarusians have demonstrated time and again that they are stronger than those who seek to oppress them, and that they will not cower even in the face of outright death threats from authorities. “The real criminals here are Lukashenko and his henchmen who attempt to muzzle political opponents, civil society, and the free press. We demand that all political prisoners in Belarus be released, and that Belarusian authorities cease their attempts to terrorize those who freely speak their minds.” Earlier this week, Lukashenko approved changes to the Belarusian criminal code that would extend the use of the death penalty against those convicted of “attempted acts of terrorism.” According to the U.S. Department of State, the Lukashenko regime “has levied politically motivated charges of ‘extremism’ and ‘terrorism’ against many of [Belarus’] more than 1,100 political prisoners and used such labels to detain tens of thousands more.”  

  • Putin's Bribetakers and Warmongers

    The Helsinki Commission was briefed on 6,000 bribetakers and warmongers identified by Alexei Navalny's Anti-Corruption Foundation.

  • Helsinki Commissioners Lead Bipartisan Ask for Biden to Sanction Russians Responsible for Jailing Opposition Leader Vladimir Kara-Murza

    WASHINGTON—U.S. Senator Ben Cardin (MD), author of the Global Magnitsky Human Rights Accountability Act and Chair of the Commission on Security and Cooperation in Europe (Helsinki Commission), along with Helsinki Commission Ranking Member Senator Roger Wicker (MS) and Commissioners Senators Jeanne Shaheen (NH) and Sheldon Whitehouse (RI) are urging President Joe Biden to publicly sanction “every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza.” The lawmakers made the plea last week in a letter that also was signed by U.S. Representatives Steve Cohen (TN-09), Co-Chair of the Helsinki Commission; Joe Wilson (SC-02), Ranking Member of the Helsinki Commission; Gerald Connolly (VA-11); John Curtis (UT-03); Brian Fitzpatrick (PA-01), Ruben Gallego (AZ-07); Richard Hudson NC-08); Sheila Jackson-Lee (TX-18); Marcy Kaptur (OH-09); Bill Keating (MA-09); Adam Kinzinger (IL-16); Tom Malinowski (NJ-07); Peter Meijer (MI-03); Mike Levin (CA-49); Gwen Moore (WI-044); Burgess Owens (UT-04); Katie Porter (CA-45); Maria Elvira Salazar (FL-27); Abigail Spanberger (VA-07); and Marc Veasey (TX-33). “Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free,” the lawmakers wrote. “As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work.” The full letter is below and can be downloaded at this link. President Joseph R. Biden, Jr. The White House 1600 Pennsylvania Ave., NW Washington, DC 20500 Dear President Biden, We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, Kara-Murza called this regime “a regime of murderers.” He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him “one of the most passionate and effective advocates for the passage of the Magnitsky Act.” Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most “pro-Russian law passed in the United States in the history of our countries.” Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely,

  • Swiss Release Some Frozen Russian Assets

    The Swiss government on Thursday reported 6.3 billion Swiss francs ($6.33 billion) worth of Russian assets frozen under sanctions to punish Moscow's invasion of Ukraine, a drop from early April as around 3.4 billion francs in provisionally blocked assets were released. The figure marked a decrease from roughly 7.5 billion Swiss francs in funds the government reported frozen on April 7. Government official Erwin Bollinger pointed to fewer funds -- 2.2 billion francs -- newly frozen than those that had been released. read more "We can't freeze funds if we do not have sufficient grounds," Bollinger, a senior official at the State Secretariat for Economic Affairs (SECO) agency overseeing sanctions, told journalists. Pressure has increased on Switzerland -- a popular destination for Moscow's elite and a holding place for Russian wealth -- to more quickly identify and freeze assets of hundreds of sanctioned Russians. read more The U.S. Helsinki Commission, a government-funded independent commission which looks at security, cooperation and human rights issues in Europe, in early May called Switzerland "a leading enabler of Russian dictator Vladimir Putin and his cronies", who the commission said used "Swiss secrecy laws to hide and protect the proceeds of their crimes". The Swiss government rejected the accusations "in the strongest possible terms", while Swiss President Ignazio Cassis had requested the U.S. government "correct this misleading impression immediately" during a telephone call with U.S. Secretary of State Antony Blinken. Swiss banks hold up to $213 billion of Russian wealth, Switzerland's bank lobby estimates, with its two largest lenders UBS (UBSG.S) and Credit Suisse (CSGN.S) each holding tens of billions of francs for wealthy Russian clients. read more Credit Suisse alone froze some 10.4 billion Swiss francs of that money through March under sanctions imposed in connection with the invasion. read more Credit Suisse's reporting did not make clear how much of that money was frozen in Switzerland. While banks and asset managers can provisionally freeze funds, SECO officials on Thursday said funds needed to be released if they could not establish the assets were directly owned or controlled by a sanctioned individual. "The amount of assets frozen is not a measure of how effectively sanctions are being implemented," Bollinger said, adding asset freezes were "by far" not the most important measure in a wide-ranging packet of sanctions. ($1 = 0.9948 Swiss francs)

  • Russia's Swiss Enablers

    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 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

  • Swiss Attacked for Going Easy on Seizing Russian Billions

    The $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.

  • Russian War Crimes in Ukraine

    Well-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  

Pages