Calling the President to Issue a Proclamation Recognizing the 25th Anniversary of the Helsinki Final Act

Calling the President to Issue a Proclamation Recognizing the 25th Anniversary of the Helsinki Final Act

Hon.
Christopher H. Smith & Hon. Steny H. Hoyer
United States
House of Representatives
106th Congress Congress
Second Session Session
Monday, September 25, 2000

Mr. Speaker, I thank the gentleman from New York (Mr. Gilman) for yielding me time. Mr. Speaker, at the outset, let me give a special thanks to Bob Hand, who is a specialist on the Balkans, especially the former Yugoslavia and Albania, at the Helsinki Commission. As my colleagues know just a few moments ago, we passed H.R. 1064 by voice vote, legislation that I had introduced early last year. We went through many drafts and redrafts, and I would like to just thank Bob for the excellent work he and Dorothy Taft, the Commission's Chief of Staff, did on that legislation. H.R. 1064 would not have been brought to the floor in a form we know the Senate will pass quickly and then forward for signature, without their tremendous work on this piece of legislation, and their organization of a whole series of hearings that the Helsinki Commission has held on the Balkans. We have had former Bosnian Prime Minister Silajdzic, for example, testify at several hearings. The Congress itself has had so much input into this diplomatic process which we know as the ``Helsinki process,'' and they have done yeoman's work on that.

Mr. Speaker, I rise and ask my colleagues to support passage of H.J. Res. 100, recognizing the 25th anniversary of the signing of the Helsinki Final Act. I am pleased that we have more than 40 cosponsors on this resolution, and that includes all of our colleagues on the Helsinki Commission. The gentleman from Maryland (Mr. Hoyer) is the ranking Democratic Member, and my good friend and colleague.

Mr. Speaker, the Helsinki Final Act was a watershed event in European history, which set in motion what has become known as the Helsinki process. With its language on human rights, this agreement granted human rights the status of a fundamental principle regulating relations between the signatory countries. Yes, there were other provisions that dealt with economic issues as well as security concerns, but this country rightfully chose to focus attention on the human rights issues especially during the Cold War years and the dark days of the Soviet Union. The Helsinki process, I would respectfully submit to my colleagues, was very helpful, in fact instrumental, in relegating the Communist Soviet empire to the dust bin of history. The standards of Helsinki constitute a valuable lever in pressing human rights issues. The West, and especially the United States, used Helsinki to help people in Czechoslovakia, in East Germany and in all the countries that made up the OSCE, which today comprises 54 nations with the breakup of the Soviet Union and other States along with the addition of some new States.

Let me just read to my colleagues a statement that was made by President Gerald Ford, who actually signed the Helsinki Accords in 1975. He stated, and I quote, “the Helsinki Final Act was the final nail in the coffin of Marxism and Communism in many, many countries and helped bring about the change to a more democratic political system and a change to a more market oriented economic system.” The current Secretary General of the OSCE, Jan Kubis, a Slovak, has stated, and I quote him, “As we remember together the signature of the Helsinki Final Act, we commemorate the beginning of our liberation, not by armies, not by methods of force or intervention, but as a result of the impact and inspiration of the norms and values of an open civilized society, enshrined in the Helsinki Final Act and of the encouragement it provided to strive for democratic change and of openings it created to that end.

Mr. Speaker, the Helsinki Final Act is a living document. We regularly hold follow-up conferences and meetings emphasizing various aspects of the accords, pressing for compliance by all signatory states. I urge Members to support this resolution, and I am very proud, as I stated earlier, to be Chairman of the Helsinki Commission.

Mr. Speaker, I include for the Record the Statement made by the U.S. Ambassador to the OSCE, David T. Johnson, at the Commemorative meeting on the 25th Anniversary of the Helsinki Final Act Statement at the 25th Anniversary of the Helsinki Final Act (By Ambassador David T. Johnson to the Commemorative Meeting of the Permanent Council of the OSCE) Madame Chairperson, as we look with fresh eyes today at the document our predecessors signed on August 1, 1975, we are struck by the breadth of their vision. They agreed to work together on an amazing range of issues, some of which we are only now beginning to address. The States participating in the meeting affirmed the objective of “ensuring conditions in which their people can live in true and lasting peace free from any threat to or attempt against their security;” they recognized the “indivisibility of security in Europe'' and a ``common interest in the development of cooperation throughout Europe.” One of the primary strengths of the Helsinki process is its comprehensive nature and membership. Human rights, military security, and trade and economic issues can be pursued in the one political organization that unites all the countries of Europe including the former Soviet republics, the United States and Canada, to face today's challenges.

Over the past twenty-five years we have added pieces to fit the new realities, just last November in Istanbul we agreed on a new Charter for European Security and an adapted Conventional Forces in Europe treaty. But the most significant provision of the Helsinki Agreement may have been the so-called Basket III on Human Rights. As Henry Kissinger pointed out in a speech three weeks after the Final Act was signed, “At Helsinki, for the first time in the postwar period, human rights and fundamental freedoms became recognized subjects of East-West discourse and negotiations. The conference put forward . . . standards of humane conduct, which have been, and still are, a beacon of hope to millions.”

In resolutions introduced to our Congress this summer, members noted that the standards of Helsinki provided encouragement and sustenance to courageous individuals who dared to challenge repressive regimes. Many paid a high price with the loss of their freedom or even their lives. Today we have heard from you, the representatives of the many who have struggled in the cause of human rights throughout the years since Helsinki. We are in awe of you, of the difficult and dangerous circumstances of your lives, and of what you have and are accomplishing. Many of us here cannot comprehend the conditions of life in a divided Europe. And those who lived under repressive regimes could not have imagined how quickly life changed after 1989. Political analysts both East and West were astounded at the rapidity with which the citizens of the former Iron Curtain countries demanded their basic rights as citizens of democratic societies.

What we have heard time and again is that the Helsinki Final Act did matter. Leaders and ordinary citizens took heart from its assertions. The implementation review meetings kept a focus fixed on its provisions. Even before the Wall came down, a new generation of leaders like Nemeth in Hungary and Gorbachev in the Soviet Union made decisions to move in new directions, away from bloodshed and repression. In the summer of 1989, the Hungarians and Austrian cooperated with the West Germans to allow Romanians and East Germans to migrate to the West. Looking at what was happening in Europe, the young State Department analyst Francis Fukuyama, wrote an article which captured the world's attention. In ``The End of History,'' he claimed that what was happening was not just the end of the Cold War but the end of the debate over political systems. A consensus had formed that democracy, coupled with a market economy, was the best system for fostering the most freedom possible. And then in the night of November 9, 1989, the Berlin Wall opened unexpectedly. Citizens emerging from repressive regimes knew about democracy and told the world that what they wanted more than anything else was to vote in free and fair elections.

Only a year after the fall of the Wall, a reunited Germany held elections at the state and national level. Poland, Hungary, and the Baltic states carried out amazing transformations beginning with elections which brought in democratic systems. When Albania descended into chaos in 1997, groups across the country shared a common desire for fair elections. We have seen Croatia and the Slovak Republic re-direct their courses in the past several years, not by violence but through the ballot box. Just a few weeks ago, citizens of Montenegro voted in two cities with two different results, in both instances there was no violence and the new governments are moving forward with reforms to benefit their citizens. OSCE has time and again stepped up to assist with elections and give citizens an extra measure of reassurance that the rest of the world supports them in the exercise of their democratic rights.

We are all aware that in the decades since Helsinki, we have seen conflict, torture, and ethnic violence within the OSCE area. Unfortunately, not all areas in the OSCE region made a peaceful transition to the Euro-Atlantic community of democratic prosperity. Some OSCE countries remain one-party states or suffer under regimes which suppress political opposition. Perhaps the most troubled region is the former Yugoslavia. As Laura Silber has written in the text to the BBC series “The Death of Yugoslavia,” “Yugoslavia did not die a natural death. Rather, it was deliberately and systematically killed off by men who had nothing to gain and everything to lose from a peaceful transition from state socialism and one-party rule to free-market democracy.” We need only look at the devastation of Chechnya and the continuing ethnic strife in parts of the former Yugoslavia to realize there is much still to be done in the OSCE region. We must continue our work together to minimize conflict and bring contending sides together, foster economic reforms through enhanced transparency, promote environmental responsibility, and or fight against organized crime and corruption.

Human rights remain very much on our agenda as we seek to eradicate torture, and find new solutions for the integration of immigrants, minorities and vulnerable peoples into our political life. “Without a vision,” wrote the prophet Isaiah so long ago, “the people will perish.” We here today have a vision of collective security for all the citizens of the OSCE region. After twenty-five years, the goals embodied in the Helsinki final act remain a benchmark toward which we must continue to work. The Panelists have reminded us today that the Helsinki Final Act has incalculable symbolic meaning to the citizens of our region; we must continue to take on new challenges as we strive to keep this meaning alive. Mr. Crowley. Mr. Speaker, it is my pleasure to yield 8 minutes to the gentleman from Maryland (Mr. Hoyer), the ranking member of the Helsinki Commission.

 

Mr. Hoyer: Mr. Speaker, I thank the distinguished gentleman from New York (Mr. Crowley) for yielding me the time. I thank the gentleman from New York (Mr. Gilman), the Chairman of the Committee on International Relations, for bringing this resolution to the floor. I am pleased to join my very good friend, the gentleman from New Jersey (Mr. Smith), with whom I have served on the Helsinki Commission since 1985 and who is now the chairman of our commission and does an extraordinarily good job at raising high the banner of human rights, of freedom, and democracy and so many other vital values to a free people. I am honored to be his colleague on the Helsinki Commission.

Mr. Speaker, I rise in strong support of H.J. Res. 100 which commemorates the 25th anniversary of the signing of the Helsinki Final Act which, was signed on August 1, 1975. It is my firm belief that the political process set in motion by the signing of the Final Act was the groundwork for the forces which consumed the former Soviet empire. In 1975, many of the Final Act signatory states viewed the language of the act dealing with human rights and the obligation that each state had toward its own citizens, as well as those of other states, as essentially meaningless window dressing. Their objective, it was felt that of the Soviets, was to secure a framework in which their international political position and the then existing map of Europe would be adjudged a fait accompli.

Let me say as an aside that as we honor the 25th anniversary of the Helsinki Final Act, we ought to honor the courage and the vision of President Gerald Ford. I am not particularly objective. President Ford is a friend of mine for whom I have great affection and great respect, but those who will recall the signing of the Final Act in August of 1975 will recall that it was very controversial, and that many particularly in President's Ford's party thought that it was a sellout to the Soviets, thought that it was, in fact, a recognition of the de facto borders that then existed with the 6 Warsaw Pact nations, captive nations, if you will. President Ford, however, had the vision and, as I said, the courage, to sign the Final Act on behalf of the United States along with 34 other heads of state; that act became a living and breathing process, not a treaty, not a part of international law, but whose moral suasion ultimately made a very significant difference.

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  • Lawmakers call for crackdown on financial ‘enablers’ after Pandora Papers revelations

    A bipartisan group of lawmakers plans to introduce legislation this week that for the first time would require trust companies, lawyers, art dealers and others to investigate foreign clients seeking to move money and assets into the American financial system. The bill’s sponsors cited the findings of the Pandora Papers investigation, the result of a sweeping international collaboration published this week that exposed how the global elite conceal their wealth in tax havens that increasingly include the United States. Stories by The Washington Post and the International Consortium of Investigative Journalists (ICIJ) showed that little-known trust companies in Sioux Falls, S.D., established nearly 30 trusts holding assets connected to people or companies accused of corruption, human rights abuses or other wrongdoing in some of the world’s poorest communities. The investigation also found that King Abdullah II of Jordan secretly used offshore companies to purchase three properties in Malibu and revealed the use of two offshore trusts by an art dealer, now deceased, who was accused by U.S. prosecutors of trafficking in looted Cambodian artifacts. The proposed law, known as the Enablers Act, would amend the 51-year-old Bank Secrecy Act, by requiring the Treasury Department to create basic due-diligence rules for American gatekeepers who facilitate the flow of foreign assets into the United States. Banks are already required to investigate their clients and sources of wealth, but trust companies, lawyers, investment advisers, accountants, art dealers, public relations firms and other professionals have been excluded from due-diligence rules — a loophole regularly criticized by financial crime experts and international watchdogs. The proposed legislation, experts say, represents the most significant change of anti-money-laundering rules since 9/11. “If we make banks report dirty money but allow law, real estate, and accounting firms to look the other way, that creates a loophole that crooks and kleptocrats can sail a yacht through,” Rep. Tom Malinowski (D-N.J.), co-sponsor of the proposed bill and co-chair of the Congressional Caucus against Foreign Corruption and Kleptocracy, said on Wednesday. “Our bill closes that loophole and encourages the administration to move in the same direction.” Malinowski called on the White House to support the legislation, co-sponsored by Reps. Steve Cohen (D-Tenn.), co-chair of the bipartisan Commission on Security and Cooperation in Europe; Joe Wilson (R-S.C.), ranking member of the commission; and Maria Elvira Salazar (R-Fla.), a member of the caucus. “All around the world, countries are being looted and the most vulnerable people victimized by their elites,” Cohen said. “These kleptocrats then launder that money to the West, where they enjoy the high life — spending the money on luxury cars, penthouses, jets and opulent parties. Some also spend it on intervening in our democracy … working to undermine the rule of law. In order to fight corruption, we must curb the enablers.” If passed, the law would give the Treasury Department until December 2023 to create anti-money-laundering rules for the gatekeeper industries. A new national security task force would oversee the effort. After 9/11, banks — criticized for serving and shielding terrorists, drug traffickers and dictators — shored up their due-diligence practices. Financial crime experts say that such measures encouraged wrongdoers to find other financial gatekeepers, including the U.S. trust industry. “Global criminals, kleptocrats, dictators, they’re going to look for new ways to launder their money and we’re going to try to close them down, but the gap right now is just massive — we basically left our financial defenses wide open,” said Paul Massaro, a congressional anti-corruption adviser who helped work on the proposed legislation. In South Dakota, now considered a top destination for global wealth, trust companies oversee more than $360 billion in assets, state data shows. The Post and the ICIJ investigation identified a series of international clients who moved their assets into trusts in South Dakota in recent years, including a Colombian textile mogul implicated in an international scheme to launder drug proceeds and a Brazilian orange juice executive accused of colluding to underpay local farmers. “Regulating professional enablers is how the United States could stop being the world’s top offshore financial haven, begin treating dirty money as a leading national threat and start demonstrating how democracies can deliver against corrupt adversaries and powerful special interests,” said Josh Rudolph, a member of the National Security Council staff in the Obama and Trump administrations who recently published an analysis on the role of financial gatekeepers. The proposed legislation comes as new information surfaces about Abdullah’s steps to contain the impact of the Pandora revelations before the articles about him were published. Newly filed U.S. federal disclosure forms show that Abdullah hired a law firm and a crisis management public relations company after learning that his use of shell companies to purchase luxury properties costing more than $106 million was about to become public. The moves reflect apparent concern about the potential fallout both in Washington and in Jordan, where there has been scant coverage of the Pandora stories and at least one news outlet said it was contacted by the Jordanian intelligence service and told to take down an article about the Abdullah revelations. The forms were filed by DLA Piper, a law firm hired by Abdullah, to comply with laws requiring U.S. firms to disclose when they have been hired to represent a foreign government. A letter attached to the filing shows that the DLA Piper was hired at an hourly rate of $1,335 to represent Abdullah “related to potential defamation and other legal remedies associated with inquiries and/or articles concerning His Majesty.” A lawyer for DLA Piper did not immediately respond to a request for comment. The firm was quoted in The Post as well as news stories saying that Abdullah had not misused aid money and that his use of offshore companies was driven by security concerns. A second federal filing shows that Abdullah and DLA Piper also hired Stripe Theory, an Atlanta-based consulting and public relations firm that describes itself online as a provider of strategic marketing advice “when your brand is on the line.” Craig Kronenberger, listed on the letter as an executive at Stripe Theory, did not respond to an email sent to his company address requesting comment.​​ On Sunday, The Post and the ICIJ broke the story about Abdullah’s property purchases in the United States. All told, 150 media partners contributed to the Pandora Papers, which revealed the financial secrets of 35 current and former world leaders and more than 330 politicians and public officials with assets around the world, including in the United States. “If we are serious about fighting dictatorship, we need U.S. professionals to do the most basic due diligence — no American should be accepting money from Chinese Communist Party operatives, Iranian mullahs, Russian oligarchs or others,” Wilson said. “The Enablers Act is a critical national security measure.”

  • Chairman Cardin on Impact of Pandora Papers

    “This unprecedented investigation should further drive the need for transparency and delving deeper into such international transactions.” WASHINGTON—Following the release of the Pandora Papers, Helsinki Commission Chairman Sen. Ben Cardin (MD), author of the Sergei Magnitsky Human Rights Accountability Act and the Global Magnitsky Human Rights Accountability Act, issued the following statement: “The Pandora Papers are a wake-up call for anyone who cares about the future of democracy. The sheer scale of questionable financial flows entering the United States from abroad is astonishing and warrants further review. Kleptocrats from dictatorships and struggling democracies have stolen untold sums and potentially have laundered them through our country and those of our allies. “Such activity poses a direct threat to U.S. national security by hollowing out the rule of law abroad and threatening to do the same at home. It is more important than ever that we increase transparency of such transactions, purge dirty money from our system, and ensure that the United States of America denies kleptocrats safe haven. Our nation must continue to stand with the victims of kleptocracy. This means tackling the problem of the enablers of kleptocracy.” The Pandora Papers represent the largest investigation ever into the true workings of the offshore economy. They reveal how “the United States, in particular, has become an increasingly attractive destination for hidden wealth.” These investigations on the hidden wealth of foreign dictators, their associates, and other corrupt officials include documents from 206 U.S. trusts in 15 states and Washington, D.C., and 22 U.S. trustee companies. South Dakota, in particular, was singled out for criticism. Lawyers also have been central to creating the offshore system, which is behind the ability to transfer illicit wealth anonymously and easily. Three hundred politicians and public officials from more than 90 countries and territories are identified in the Pandora Papers. Two members of Putin’s inner circle and individuals listed on the Navalny 35 list of human rights abusers and kleptocrats, Konstantin Ernst and Gennady Timchenko, used offshore companies and enablers to engage in a $230 million sweetheart real estate deal, and received hundreds of millions of dollars in suspicious “loans,” respectively. Azerbaijan’s kleptocratic ruling family, the Aliyevs, used offshore companies and enablers to obtain $700 million worth of real estate in London. Chinese Communist Party politician Feng Qiya used an offshore company and enablers to trade U.S. stocks with $2 million worth of illicit funds. The Helsinki Commission recently held a public briefing on the enablers of kleptocracy, examining how they put U.S. national security at risk and how they could effectively be regulated.

  • Helsinki Commission Regrets Closure of OSCE Observer Mission at Russian Checkpoints Gukovo and Donetsk

    WASHINGTON—In light of yesterday’s termination of the activities of the OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk on the Russian-Ukrainian border, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “By forcing the closure of the OSCE Observer Mission on Ukraine’s border, despite clear and continued support from other OSCE States for the mission, the Kremlin is once again trying to blind the international community to the reality of its aggression against Ukraine.  The mission regularly observed and reported suspicious movements at the border. “Rather than blocking OSCE instruments, Russia needs to cease its war against Ukraine, including reversing its illegal occupation of Crimea.”    The OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk was intended to build confidence through increased transparency by observing and reporting on the situation at the international border between Ukraine and Russia. Russia had previously imposed severe restrictions on the observer mission, including limiting movement and prohibiting the use of binoculars or cameras.  Despite these limitations, the mission reported on the movements of more than 24 million people since beginning operations in 2014. It observed more than 100 Russian convoys, along with individuals in military apparel and thousands of other vehicles, crossing the uncontrolled border.

  • Helsinki Commission Leadership Condemns Russian Obstruction of OSCE Human Rights Work

    WASHINGTON—In response to Russian intransigence blocking the annual OSCE Human Dimension Implementation Meeting (HDIM), Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are extremely disappointed that the HDIM failed to start this week as planned, due solely to Russian intransigence blocking the meeting. The Kremlin has reached a new low in its efforts to undermine the OSCE’s work to promote human rights and democracy. “Russia clearly fears criticism of its worsening human rights record and fraudulent elections from the OSCE, other OSCE participating States, and civil society. The HDIM, through its thorough review of states’ human rights records and its inclusion of civil society, is a crown jewel of the OSCE’s human rights work. “We urge Russia to change its position and we expect the HDIM to be held in accordance with the agreement adopted in Helsinki in 1992 by the heads of state of all OSCE participating States—including Russia—that established the HDIM. For our part, we will continue to speak out when we see human rights violations, including in the Russian Federation.” The OSCE Human Dimension Implementation Meeting is the region’s largest annual human rights conference, and typically brings togethers hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to engage in a comprehensive review of the participating States’ compliance with their human rights and democracy-related commitments. The meeting is held in Warsaw, Poland, where the OSCE’s Office for Democratic Institutions and Human Rights is headquartered.

  • Helsinki Commission Digital Digest September 2021

  • Enabling Kleptocracy

    Modern dictatorship relies on access to the West. Lawyers, lobbyists, accountants, real estate professionals, consultants, and others help kleptocrats launder their money and reputations—and exert undue influence in democracies—in exchange for dirty money. Without the energetic assistance of these gatekeepers, kleptocrats could not move their money to western democracies and would be forced to live under the repressive systems they have created. This public briefing brought together four experts on the enabling industry to discuss the various types of enablers, how they compromise democracy, and how they can best be regulated, with an emphasis on potential legislative responses. Modern dictatorship relies on access to the West. Lawyers, lobbyists, accountants, real estate professionals, consultants, and others help kleptocrats launder their money and reputations—and exert undue influence in democracies—in exchange for dirty money. Without the energetic assistance of these gatekeepers, kleptocrats could not move their money to western democracies and would be forced to live under the repressive systems they have created. At this briefing, four experts on the enabling industry came together to discuss the various types of enablers, how they compromise democracy, and how they can best be regulated, with an emphasis on potential legislative responses. Helsinki Commission Senior Policy Advisor Paul Massaro opened the briefing by explaining that currently only banks are required to do due diligence on the source of funds; no other industries are similarly regulated, which allows them to accept and launder dirty money with impunity. Massaro explained that actions in the 116th Congress abolished anonymous shell companies and made it harder to launder money; now, it is necessary that we curb the enablers. Lakshmi Kumar, policy director at Global Financial Integrity, focused on the real estate market. According to a recent GFI report, more than $2 billion of laundered money flows through the real estate market each year, with 80 percent from foreign sources spread across more than 26 countries. The majority comes from high net worth and politically connected individuals who rely on an “arsenal” of enablers to help guide them through the process of laundering money. These enablers include lawyers, real estate agents, real estate developers, and investment advisors who generally are either directly complicit or willfully blind. “The absence of rules and regulations around these enablers is what creates this environment,” Kumar said. Journalist Casey Michel highlighted the case study of Teodorin Obiang, the son of Equatorial Guinea’s authoritarian leader, who came to the United States to launder millions of dollars in illicit funds. An American lawyer, Michael Berger, helped him circumvent U.S. anti-money laundering efforts. Josh Rudolph, malign finance fellow at the German Marshall Fund, presented several policy options for tackling money laundering in the United States and highlighted three sectors of focus for the U.S. Treasury Department’s efforts: investment fund advisors, real estate professionals, and the art industry. He offered a blueprint for the Biden administration to counter such enablers by requiring legal professionals, company formation agents, accountants, and covert PR and marketing firms to comply with anti-money laundering rules, as well as by repealing exemptions for real estate professionals, sellers of yachts and planes, as well as crypto and other currency businesses. Transparency International’s Co-Founder Frank Vogl discussed the transactional nature of U.S. and Western foreign policy. Vogl explained that major banks found to launder money in the U.S. most often receive small fines, settle out of court, and go without the punishment of any executives in the matter. Money laundering fines have simply become the cost of doing business. Vogl also expressed the need to investigate legal finance, specifically the bond market, which allows millions to flow to authoritarian regimes. He also argued that more money should flow towards enforcing existing laws, rather than just passing new laws. Asked how money laundering and kleptocracy hurt Americans in a tangible way, Kumar responded that the rental and lease market in the U.S. is impacted negatively by kleptocrat real estate purchases. Michel added that oligarchs’ investments into the Rust Belt and other economically depressed areas in the U.S. were purely to hide money from international investigators and have led to the implosion of the broader economic base in the region. On the question of how to keep anti-money laundering efforts bipartisan, Vogl and Rudolph agreed that the problem is bipartisan at heart and should be viewed as the national security threat that it is. Finally, asked if the world bank, IMF, and other international financial institutions enable kleptocracy, Frank Vogl answered in the affirmative and called for higher transparency among international financial institutions to effectively tackle money laundering and kleptocracy.

  • The Russian election was supposed to shore up Putin’s legitimacy. It achieved the opposite.

    Electoral precinct 40, located in a charming historic area a few minutes’ walking distance from the Kremlin, is among the few in Moscow that can be trusted to count votes honestly. Ever since I first voted here at the age of 18, the official tallies have always reflected the actual votes cast. In Moscow’s 2013 mayoral election, the candidate who won the precinct was anticorruption campaigner and opposition activist Alexei Navalny. Local Muscovite pride may be one factor in this honesty; the presence of independent electoral commission members in the precinct may be another. So when I came to vote here on Sunday, and then stayed overnight to observe the count, I was certain that I would get a glimpse of the real sentiments of Russian voters. To be clear: It wasn’t an honest election. Opponents of the Kremlin, including all Navalny supporters, had been preemptively disqualified from the ballot through various bans imposed by the regime. But I did expect to see an honest count of the votes that were cast. I was proven right. The official vote tally from Precinct #40 showed the three top spots on the party list ballot divided among the Communists, Vladimir Putin’s United Russia and the liberal Yabloko party, the only genuine opposition group allowed to take part in this election. (Their shares were 27, 20 and 19 percent, respectively.) The Communist vote, usually low in Moscow, was boosted this time by support from the Navalny team, which urged voters to pick any candidates on the ballot who don’t represent United Russia — a tactic, known as “Smart Voting,” that aims to demonstrate how minimal support for the ruling party really is. On the single-member ballot (where voters choose among individual candidates rather than parties), Yabloko’s Sergei Mitrokhin won handily with 35 percent; the pro-regime candidate eked out just 14 percent. The overall official results announced next morning — both for Moscow and for Russia as a whole — might as well have come from a different country. The authorities solemnly announced that United Russia had retained its two-thirds supermajority in parliament — even though most polls (including those from government pollsters) showed support for the party in the high 20s. The rest of the seats will be filled by officially approved “opposition” parties that always end up supporting Putin’s most important initiatives. Predictably, not a single genuine opposition candidate — among the few allowed on the ballot in the first place — was actually allowed to win. This time around — in addition to traditional rigging methods such as organized voting by state employees and military conscripts, “carousel” multiple voting, and plain ballot-stuffing — the regime deployed a rather specific brand of electronic voting. When used in genuine democracies, electronic voting usually produces an outcome almost immediately. But in this election, tabulating the results took hours longer than counting traditional paper ballots — and the final result flipped at least eight Moscow districts from the opposition to United Russia. “The story with electronic voting fraud … reminds me of the switched urine samples at the 2014 Sochi Olympics,” noted political analyst Maria Snegovaya. “It was done clumsily and crudely — and by the same people, the FSB [Federal Security Service]. It seems this is the only way they can work.” In contrast to 2011, when a patently fraudulent parliamentary election brought tens of thousands of people into the streets, this time no major protests followed. Indeed, none were expected. Navalny’s arrest, and an unprecedented crackdown on opposition supporters earlier this year — with 11,000 detentions and more than 100 criminal cases against participants of pro-democracy rallies — has left Russian civil society subdued and demoralized. But this silence is deceptive. The respite for the regime will almost certainly prove to be only temporary. Recent protests and public opinion trends point to an unmistakable rise in general fatigue with one-man rule that is now stretching into its third decade. Major political change in Russia is notoriously difficult to predict — suffice it to mention the (unpredicted) political upheavals of 1905, 1917 or 1991 — but it seems likely that brewing anti-regime sentiment will burst out into the open in the spring of 2024 if Putin attempts to remain in power, in violation of the constitutional term limit he unlawfully overturned last year. It is an incontrovertible logic of history that in countries where governments cannot be changed at the ballot box, they are often changed on the streets. Russia has seen this herself, as have other countries in our post-Soviet neighborhood. It is no news to anyone that there are no real elections in Putin’s Russia. Yet international reaction to last weekend’s sham vote has been strong on both sides of the Atlantic. Lawmakers in the U.S. Congress and in the European Parliament have stated that it “severely weakens the legitimacy” of Putin’s rule. Whatever remains of that legitimacy will be finally shed in the event of Putin’s illegal prolongation of his mandate beyond 2024. European Union lawmakers have already hinted at a formal nonrecognition of any such action in the new strategy toward Russia adopted earlier this month. The year 2024 will be an important test — both for Russian society’s tolerance to autocratic rule, and for the West’s adherence to the rule of law not just in words but in practice. It’s now time to start preparing for that moment.

  • Helsinki Commission Briefing to Examine How Western Enablers Support Kleptocrats

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: ENABLING KLEPTOCRACY Wednesday, September 29, 2021 1:00 p.m. Register: https://bit.ly/3kwlHbz Modern dictatorship relies on access to the West. Lawyers, lobbyists, accountants, real estate professionals, consultants, and others help kleptocrats launder their money and reputations—and exert undue influence in democracies—in exchange for dirty money. Without the energetic assistance of these gatekeepers, kleptocrats could not move their money to western democracies and would be forced to live under the repressive systems they have created. This public briefing will bring together four experts on the enabling industry. They will discuss the various types of enablers, how they compromise democracy, and how they can best be regulated, with an emphasis on potential legislative responses. The following panelists are scheduled to participate: Lakshmi Kumar, Policy Director, Global Financial Integrity; Author, Acres of Money Laundering: Why U.S. Real Estate is a Kleptocrat’s Dream Casey Michel, Journalist; Author, American Kleptocracy: How the U.S. Created the World's Greatest Money Laundering Scheme in History Josh Rudolph, German Marshall Fund, Malign Finance Fellow; Author, Regulating the Enablers: How the U.S. Treasury Should Prioritize Imposing Rules on Professionals Who Endanger National Security by Handling Dirty Money Frank Vogl, Co-Founder, Transparency International, Partnership for Transparency Fund; Author, The Enablers – How the West Supports Kleptocrats and Corruption - Endangering Our Democracy  

  • Helsinki Commission Leaders Blast So-Called Election Results in Russia

    WASHINGTON—Following the sham State Duma elections in Russia, 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 statements: “From barring opposition candidates to stuffing ballot boxes and manipulating vote totals, there is ample evidence that these parliamentary elections may be the most blatantly fraudulent of them all. The Kremlin once again has demonstrated its utter disregard for the norms and values it purports to respect,” said Chairman Cardin. “Contrary to their international obligations, Russian authorities inexcusably restricted the number of international observers to the point that the OSCE was unable to monitor this election according to its long-established methods. Compounded with the fact that no election is free or fair if the principal opposition figures are kept off the ballot, as in this case, these elections will provide not a shred of legitimacy to those who take their seats in the Duma.” “Citizens cannot freely choose who represents them when opposition candidates are banned from running, poll workers stuff ballot boxes, and last-minute electronic ‘vote counting’ pushes Kremlin-preferred candidates over the top,” said Co-Chairman Cohen. “With each election, fewer and fewer opportunities remain for dissent in Russia, demonstrating Putin’s growing insecurity about his ability to stay in power unassisted.” “Moscow’s intimidation of local workers and businesses has left U.S. companies tainted for doing business in Russia,” said Sen. Wicker. “The moral cost of doing business in Russia increases with every day that Putin and his cronies bully their opponents into submission to maintain political power.” “Despite the lack of international observers, independent observers in-country bravely documented violations exposing the Kremlin’s machinations and the illegitimacy of this weekend’s election,” said Rep. Wilson. “The people of Russia deserve a vote that counts and a government that doesn’t stack the deck in its own favor.” The State Duma elections took place from September 17 – 19, 2021. Ahead of the election, many critics of the Kremlin were barred from running; in June 2021, a Moscow court ruling banned Alexei Navalny’s Anti-Corruption Foundation and associated organizations as “extremist” groups. As voting took place, photos and videos from live-stream camera feeds captured violations including officials stuffing ballot boxes and people being given multiple ballots. At the end of the vote count in Moscow, non-United Russia candidates who had been consistently leading lost at the last minute after thousands of “delayed” electronic ballots changed the results. On September 17, under threat of criminal prosecution of its staff in Russia, Google removed the Smart Vote app, a tool created by Navalny’s team to help voters identify candidates with the best chance to defeat a United Russia party candidate. Google also blocked access to two documents on Google Docs that included lists of Smart Vote endorsements on the grounds that the documents were “illegal” in Russia. Apple removed the Smart Vote app in Russia as well, claiming it had to follow Russian laws about “illegal” content. On September 18, at the Russian government’s request, YouTube blocked a video that included names of recommended candidates for Navalny’s Smart Vote initiative. The OSCE’s Office for Democratic Institutions and Human Rights and the OSCE Parliamentary Assembly chose not to observe the Russian elections due to severe restrictions Moscow placed on the number of international observers that would have left the OSCE unable to conduct a complete observation consistent with its usual methodology and standards.

  • Seeking Justice and Freedom in Belarus

    In 2020, mass protests against the fraudulent election of Alexander Lukashenko shook Belarus. Since then, Lukashenko and his illegitimate regime have clung to power by committing ever more serious acts of repression against advocates of democracy and free expression. Hundreds of political prisoners languish in pre-trial detention or have been sentenced to years in prison during closed trials. The regime has effectively criminalized independent journalism and peaceful assembly; no independent justice system exists to hold those in power accountable. On September 21, 2021, the U.S. Helsinki Commission held a hearing on the events in Belarus leading up to and following the 2020 presidential elections. The hearing included expert witness testimony by four witnesses on the state of the media, the plight of political prisoners, the international legal ramifications of Lukashenko’s violence, and U.S. policy responses and options. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by remarking that the election in 2020 was not free or fair, contrary to official reports from Belarus, and commended the extreme courage of peaceful protestors to show up en masse despite a history of mass arrests and torture and the “brazen hijacking of a civilian aircraft and kidnapping of a critic of Mr. Lukashenko.” In opening remarks, Co-Chairman Rep. Steve Cohen (TN-09) announced that, alongside Ranking Member Rep. Joe Wilson (SC-02), he soon would sponsor a resolution denouncing the acts of the Belarusian regime and supporting freedom and human rights in Belarus. Serge Kharytonau delivered a testimony on behalf of the International Strategic Action Network for Security (iSANS) based on monitoring and documentation of activity in Belarus. He noted that since 2020, the informational sovereignty of Belarus has been given up to Russia in exchange for Putin’s support of Lukashenko. The state propaganda machines in Belarus and Russia are now synchronized to promote the Kremlin’s goals. Kharytonau noted that the state media also is being used to conduct psychological operations, depicting videos of political hostages and victims of torture. Technology platforms such as YouTube are being used to promote misinformation, hate speech, and the threat of violence towards civilians. Tatsiana Khomich, the Coordination Council’s Representative for political prisoners, testified about the situation of political prisoners in Belarus. Only 673 political prisoners are officially recognized by the government in Belarus, but more than 4,600 cases have been opened relating to 2020 election. Several activists have been sentenced to more than 10 years in prison, where they lack medical care, suffer from chronic diseases, are subject to torture, and often attempt suicide. She noted that most of these prisoners are just regular people, such as taxi drivers, and some are as young as 15 years old. “The situation in Belarus will most likely result in the complete annihilation of the civil rights of Belarusians and the chance of political transformation in Belarus will disappear,” she said. Khomich argued that time plays into Lukashenko’s hands as his government adapts to sanctions and the negotiating position of the West declines. Furthermore, as time passes the focus on Belarus is likely to decrease; action is needed now. David Kramer, a senior fellow at Florida International University and former Assistant Secretary of State for Democracy, Human Rights, and Labor, testified on the violation of human rights and “weaponization” of migrants by Belarus, noting that the spillover effects in neighboring NATO countries poses a threat to the United States. Kramer also classified Belarus as a test case for the West and its struggle between democracy and authoritarianism. He offered several recommendations to deal with the situation in Belarus: targeting the individuals surrounding Lukashenko who are keeping him afloat financially with sanctions; requiring U.S. allies in the Middle East to make a choice between supporting the United States or supporting Lukashenko; cutting off  IMF funding to Belarus; and continuing not to recognize Lukashenko as the leader of Belarus. Kramer emphasized that an effort should be made to press for the release of all political prisoners and have accountability for the gross violation of human rights by the Lukashenko regime. The West needs to prepare for when Lukashenko is gone, he argued, but in the meantime Belarusian civil society must be supported. Siarhej Zikratski, a representative on legal affairs in the office of Sviatlana Tsikhanouskaya, personally attested to the political persecution of prisoners. Prisoners are cramped in tiny cells, tortured, beaten, and subjected to sexual violence. Despite appeals, no criminal cases exist regarding these acts. He also highlighted the disbarment of 13 lawyers who defended journalists and politicians who stood up to the regime. Zikratski recommended that the international community refuse to recognize Lukashenko as Belarus’ leader; use international human rights laws and international human rights protection mechanisms such as Article 30 of the Convention Against Torture and Article 41 of the International Covenant on Civil and Political Rights to address human rights violations; and record evidence of human rights violations, document crimes, and investigate criminal proceedings under the principle of universal jurisdictions. During the question-and-answer session with witnesses, members asked questions ranging from the use and abuse of U.S. technology platforms by repressive regimes, to the proposed union between Belarus and Russia and the recent joint Zapad military exercise, to specific cases of human rights abuses in Belarus. Witnesses also discussed the effectiveness of the OSCE’s 2020 Moscow Mechanism investigation and the continuing importance of U.S-funded news outlets such as Voice of America, Radio Liberty, and Radio Free Europe. Related Information Witness Biographies Special Statement from Sviatlana Tsikhanouskaya Press Release: Chairman Cardin Joins Bipartisan Resolution Highlighting First Anniversary of Fraudulent Election In Belarus Press Release: Cardin and Cohen Condemn Persecution of Independent Journalists in Belarus Press Release: Helsinki Commission Condemns Lukashenko Regime for Forced Landing of Commercial Jetliner Leading to Arrest of Raman Pratasevich

  • Repression in Belarus Focus of Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SEEKING JUSTICE AND FREEDOM IN BELARUS Tuesday, September 21, 2021 2:30 p.m. Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission More than a year has passed since mass protests against the fraudulent election of Alexander Lukashenko shook Belarus. In the meantime, Lukashenko and his illegitimate regime cling to power by committing ever more serious acts of repression against advocates of democracy and free expression. Hundreds of political prisoners languish in pre-trial detention or have been sentenced to years in prison during closed trials. The regime has effectively criminalized independent journalism and peaceful assembly; no independent justice system exists to hold those in power accountable. As Lukashenko lashes out at the West—even engineering the forced landing of an EU flight to abduct a journalist and sending overwhelming numbers of migrants into the EU via Belarus—the exiled leader of democratic Belarus, Sviatlana Tsikhanouskaya, has been engaging the world on her country’s behalf, calling for new elections, the release of political prisoners, and accountability for the repressive regime. Expert witnesses will provide updates on the current situation in Belarus, including the state of media, the plight of political prisoners, the international legal ramifications of Lukashenko’s violence, and U.S. policy responses and options. The following witnesses are scheduled to testify: Serge Kharytonau, Media Expert, International Strategic Action Network for Security (iSANS) Tatsiana Khomich, Coordination Council Representative for political prisoners, Viktar Babaryka Team Coordinator, and sister of political prisoner Maria Kalesnikava David J. Kramer, Senior Fellow, Florida International University Siarhej Zikratski, Representative on Legal Affairs, Office of Sviatlana Tsikhanouskaya

  • Congress takes aim at kleptocracy

    A bipartisan group of lawmakers is gearing up to make 2021 the year Congress has the bipartisan support necessary to pass sweeping legislation to fight kleptocracy. On Sept. 10, Reps. Steve Cohen, the U.S. Helsinki Commission cochair, and the committee’s ranking member, Joe Wilson, introduced the Counter-Kleptocracy Act. The legislation consolidates seven bipartisan bills that aim to tackle corruption and illicit financial flows, all of which lawmakers introduced in the past year. The Counter-Kleptocracy Act now has 17 bipartisan cosponsors. It includes legislation enabling the administration to name and shame kleptocrats banned from the U.S. and creates a public website documenting the amount of money stolen by corrupt officials in each country, among other initiatives. The game plan is to leverage the bipartisan support for the bills in the House and Senate, and to include the bills in the National Defense Authorization Act this year or next. Several of the measures have already been added to the most recent version of the House bill. Three decades after the end of the Cold War, many lawmakers in Washington recognize that, rather than adopting democratic norms and practices, corrupt officials and kleptocrats from abroad have influenced the U.S. political system and undermined national security by funneling money stolen from their own citizens into the U.S. With this in mind, fighting kleptocracy is becoming one of the standout issues that Republican and Democratic lawmakers agree about tackling. “We’ve never had more momentum on this than we have now,” said Paul Massaro, a senior policy adviser at the U.S. Helsinki Commission, who has been advocating for anti-corruption efforts in Congress for a decade. “If you told national security experts in 2014 or 2015 that corruption is a national security threat, you would get blank looks. Now Congress and the president are calling it a national security threat.” The Biden administration released a memorandum establishing the fight against corruption as a core national security interest in June. Members of Congress say they wholeheartedly agree with that assessment. “From my experience as a former CIA case officer and from my work on the House Foreign Affairs Committee, it is very clear that corruption at home and abroad is a national security threat,” said Rep. Abigail Spanberger, one of the bill’s cosponsors. Rep. Katie Porter, another cosponsor, added that anti-corruption efforts at home can help advance U.S. interests abroad. “Americans know that corruption makes government less representative, less transparent, and less responsive to people’s needs. That’s true everywhere there is government corruption, including in many countries where it poses a threat to our foreign policy and national security goals,” Porter said. Experts say former President Trump’s administration played a crucial role in highlighting the dangers of kleptocracy and raising awareness about corruption. “I think one of the reasons that we’ve seen enormous momentum in Washington is that the U.S. had a very unique experience over the past several years with a president who was so saturated in and benefited significantly from these types of pro-kleptocracy or kleptocratic services,” said Casey Michel, an adjunct fellow at the Hudson Institute's Kleptocracy Initiative and author of the book American Kleptocracy. “Trump was one of the first global leaders to emerge from one of these pro-kleptocracy industries. That is, the American luxury-real-estate industry and its marriage with anonymous shell companies,” Michel added. What’s more, it’s becoming apparent that global kleptocracy affects the lives of the people that Congress members represent. When Ukrainian oligarch Ihor Kolomoisky laundered millions of dollars through real estate in Cleveland, for example, it stymied economic growth in the area, Michel says. “They used all of this looted wealth and bought up commercial real estate, factories, and manufacturing plants that were really the life blood of these small communities, and they left these buildings to rot,” Michel said. “So instead of being a revitalization campaign and bringing jobs back, they are just dead weight.” Meanwhile, the rise of illiberalism and anti-democratic regimes from Hungary to Venezuela has also played a role in calling attention to illicit financial flows, lawmakers argue. “With authoritarianism on a troubling rise around the globe, the United States must do everything humanly possible to root out foreign corruption and kleptocracy—which is the preferred fuel of a tyrant’s rise to, and hold on, power,” said Rep. Emanuel Cleaver. “The Counter-Kleptocracy Act is critical to America’s national security and the defense of democracy-loving nations across the world,” Cleaver added. Sen. Marco Rubio, a member of the Senate Foreign Relations Committee, also introduced bills included in the Counter-Kleptocracy Act because of concern for rising authoritarianism. “As corrupt regimes worldwide seek to undermine the rule of law, the Justice for Victims of Kleptocracy Act of 2021 represents a step in the right direction in order to hold kleptocrats accountable,” Rubio said, referring to a bill that would create a public Justice Department website documenting the amount of money stolen by corrupt officials in each country and recovered by the U.S. In general, U.S. counter kleptocracy initiatives fall into three categories. Some work to push dirty money out of the U.S. financial system by enforcing beneficial ownership transparency or requiring lawyers, lobbyists, accountants, real estate agents, and other gatekeepers to verify the source of their clients’ income. Advocates say more efforts are needed on this front, including legislation imposing gatekeeper requirements. Other efforts aim to bolster the rule of law and tackle corruption abroad by abolishing tax havens and making it more difficult for corrupt individuals to use anonymous shell companies based in foreign jurisdictions. Another category of anti-corruption efforts, led in large part by the Justice Department and the Treasury Department’s Office of Foreign Assets Control, include dismantling kleptocratic networks by issuing sanctions, visa bans, or indictments. The legislation in the Counter-Kleptocracy Act focuses largely on these latter efforts. For example, the Foreign Corruption Accountability Act authorizes visa bans on foreign nationals who use state power to engage in acts of corruption and the Revealing and Explaining Visa Exclusions for Accountability and Legitimacy Act enables the executive branch to reveal the names of human-rights abusers and kleptocrats banned from the U.S. Sen. Ben Cardin, who introduced two of the initiatives in the Counter-Kleptocracy Act, noted that the bills have support in the Senate. “I am proud that two of my initiatives, the Combating Global Corruption Act and the Transnational Repression Accountability and Prevention Act, have been included in the Counter-Kleptocracy Act. A third, the Countering Russian and Other Overseas Kleptocracy Act, is also moving in the House. All three bills have momentum in the Senate as well,” Cardin said. “By passing these pieces of legislation, we create the tools and authorities necessary to confront modern dictatorship.” Cohen, who introduced the package, also said he’s counting on his colleagues to back the initiative. “All seven of these bills are bipartisan and they are good bills,” Cohen said. “I don’t know of a single member of Congress who publicly supports corruption or kleptocracy. Does that mean there won’t be pushback? Maybe not. I have been surprised before. But I hope that my colleagues in Congress will recognize how important this bill is and lend their support.”

  • Co-Chairman Cohen, Ranking Member Wilson Introduce Counter-Kleptocracy Act

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Counter-Kleptocracy Act. The legislation consolidates seven bipartisan counter-kleptocracy bills led by members of the Helsinki Commission and the Caucus against Foreign Corruption and Kleptocracy during the 117th Congress. “Kleptocracy threatens national security and human rights. It underpins every global challenge we face today. From climate change and COVID to organized crime and human trafficking, corruption either causes or exacerbates the problem. The United States should do all it can in facing down kleptocratic regimes.  I am happy to support President Biden’s proclamation that countering corruption is a ‘core U.S. national security interest’ by sponsoring the Counter-Kleptocracy Act,” said Co-Chairman Cohen. “Corruption is the lifeblood of dictators and the authoritarian system they seek to export. Foreign corruption is seeping into democratic systems, undermining them from within, and it is high time we treat corruption like the pressing national security threat that it is. The Counter-Kleptocracy Act—which includes seven bipartisan bills and represents the efforts of a large group of bipartisan and bicameral members—will finally provide the authorities and transparency we need to counter this threat,” said Rep. Wilson. The Counter-Kleptocracy Act includes the following counter-kleptocracy bills: Revealing and Explaining Visa Exclusions for Accountability and Legitimacy (REVEAL) Act (H.R. 4557, S. 2392), introduced by Co-Chairman Cohen & Rep. Steve Chabot (OH-01), and Helsinki Commission Chairman Sen. Ben Cardin (MD) and Commissioner Sen. Marco Rubio (FL)—Enables the executive branch to reveal the names of human rights abusers and kleptocrats banned under Immigration and Nationality Act section 212(a)(3)(c) for “potentially serious adverse foreign policy consequences,” a major provision for banning bad actors. Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4806, S. 2010), introduced by Co-Chairman Cohen and Rep. Wilson, and Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Chairman Cardin—Establishes priorities of U.S. engagement at INTERPOL, identifies areas for improvement in the U.S. government’s response to INTERPOL abuse, and protects the U.S. judicial system from abusive INTERPOL notices. Combating Global Corruption Act (H.R. 4322, S. 14), introduced by Rep. Tom Malinowski (NJ-07) and Rep. María Elvira Salazar (FL-27), and Chairman Cardin and Sen. Todd Young (IN)—Creates a country-by-country tiered reporting requirement based on compliance with anti-corruption norms and commitments. Leaders of those countries in the lowest tier will be considered for Global Magnitsky sanctions. Foreign Corruption Accountability Act (H.R. 3887), introduced by Rep. John Curtis (UT-03) and Rep. Malinowski—Authorizes visa bans on foreign persons who use state power to engage in acts of corruption against any private persons and publicly names them. Foreign Extortion Prevention Act (H.R. 4737), introduced by Rep. Sheila Jackson Lee (TX-18) and Rep. Curtis—Criminalizes bribery demands by foreign officials. Golden Visa Accountability Act (H.R. 4142), introduced by Rep. Adam Kinzinger (IL-16) and Rep. Malinowski—Creates a U.S.-led database to prevent the abuse of investor visas allowing foreign corrupt officials to move around the world freely and covertly and enjoy ill-gotten gains. Justice for Victims of Kleptocracy Act (H.R. 3781, S. 2010), introduced by Rep. Malinowski and Rep. Curtis, and Helsinki Commissioners Sen. Richard Blumenthal (CT) and Sen. Rubio—Creates a public Department of Justice website documenting the amount of money “stolen from the people” by corrupt officials in each country and “recovered by the United States.” Helsinki Commissioners Rep. Brian Fitzpatrick (PA-01), Rep. Emanuel Cleaver, II (MO-05), Rep. Richard Hudson (NC-08), Rep. Marc Veasey (TX-33), Rep. Ruben Gallego (AZ-07), and Rep. Gwen Moore (WI-04) are original cosponsors of the legislation, along with Rep. Malinowski, Rep. Curtis, Rep. Jackson Lee, Rep. Salazar, Rep. Marcy Kaptur (OH-09), Rep. French Hill (AR-02), Rep. Katie Porter (CA-45), Rep. Anthony Gonzalez (OH-16), Rep. Abigail Spanberger (VA-07), and Rep. Dean Phillips (MN-03). The Counter-Kleptocracy Act has been endorsed by the following organizations: Academics Stand Against Poverty, Accountability Lab, Africa Faith and Justice Network, Anti-Corruption Data Collective, the Anti-Corruption Foundation (founded by Alexey Navalny), Centre for the Study of Corruption – University of Sussex, Citizens for Responsibility and Ethics in Washington (CREW), Crude Accountability, EG Justice, Estonian American National Council, Financial Accountability and Corporate Transparency (FACT) Coalition, Free Russia Foundation, Freedom House, Global Financial Integrity, Human, Rights First, Integrity Initiatives International, International Coalition Against Illicit Economies (ICAIE), Joint Baltic American National Committee, Jubilee USA Network, Never Again Coalition, Open Contracting Partnership, Oxfam America, Public Citizen, Repatriation Group International, The ONE Campaign, The Sentry, Transparency International USA, Ukrainian Congress Committee of America, and UNISHKA Research Service.

  • Cardin, Shaheen, Johnson, and Portman Issue Joint Statement on 30th Anniversary of Ukraine Independence

    WASHINGTON–Ahead of today's 30th anniversary of Ukraine’s independence, Helsinki Commission Chair Sen. Ben Cardin (MD) yesterday issued the following joint statement with fellow Senate Foreign Relations Committee members Sen. Jeanne Shaheen (NH), Chair of the Senate Foreign Relations (SFRC) Europe and Regional Security Cooperation Subcommittee and a member of the Helsinki Commission; Sen. Ron Johnson (WI); and Sen. Rob Portman (OH): “This is an important milestone for Ukraine, marking three decades since an independent Ukraine rose from the ashes of the Soviet Union’s collapse. Over the years, Ukraine has faced immense challenges in its effort to build a more prosperous future for its people, from rooting out corruption to defending its territorial integrity against an increasingly aggressive Russia. Despite these struggles, the progress made in Ukraine on urgent governance reforms are undeniable, and we, a bipartisan group of lawmakers in the U.S. Senate, congratulate our partners for staying the course. “The U.S. stands in solidarity with Ukraine as it continues to build a democratic, accountable government that is responsive to the needs of its people. We join the rest of free world in rejecting Russia's territorial claim on Crimea and condemning their ongoing assault on Ukraine's territorial integrity in the Donbas region.  We are encouraged by President Zelenskyy’s commitment to continue pro-democratic measures that will empower Ukraine and facilitate its entry to NATO and the EU, which is in the best interests of Ukraine, our transatlantic community and U.S. national security. As Ukraine celebrates 30 years of independence, the U.S. reaffirms its support for our partners’ determination to ensure a free, democratic future for all its citizens.”

  • The Passing of Sergei Kovalev

    Mr. COHEN. Madam Speaker, I rise today as the Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission) to remember the great Russian human rights activist Sergei Kovalev and to include in the Record an opinion column by Vladimir Kara-Murza from Wednesday's Washington Post. MOSCOW--"Our opposition was not political; it was moral incompatibility with the regime,'' Sergei Kovalev, a leading figure in the Soviet dissident movement, explained in an interview for a documentary I made in the early 2000s. "At some point you realize that it is shameful to remain silent.'' Last week, Kovalev died in his sleep at the age of 91. His funeral on Friday was attended by thousands of Muscovites who filed past his casket at the Sakharov Center, an institution named for his friend and mentor, Andrei Sakharov, and designated by Vladimir Putin's government as a ``foreign agent.'' Several Western countries sent their diplomats to pay respects. No Russian government official attended. Perhaps it was better this way. I doubt Kovalev would have appreciated hypocritical gestures of condolence from a regime led by a KGB officer who has brought back many of the authoritarian practices Kovalev spent his life fighting. Like many in the Soviet dissident movement, Kovalev joined the human rights struggle from the academic world. A successful biophysicist and head of a laboratory section at Moscow State University, he had a PhD and more than 60 research papers to his name. But he could not remain silent in the face of a resurgent totalitarianism of the Brezhnev era that saw both domestic repression and aggressive posturing abroad. For Kovalev, the defining moments were the show trial of writers Andrei Sinyavsky and Yuli Daniel and the Soviet invasion of Czechoslovakia, both in the second half of the 1960s. His activism brought his scientific career to an end, of course. From then on, Kovalev dedicated his life to documenting, publicizing and confronting abuses committed by his government against his fellow citizens. A founding member of the Initiative Group for the Defense of Human Rights in the USSR--the first human rights group in the country--and the Moscow chapter of Amnesty International, Kovalev served as the editor of the Chronicle of Current Events, the samizdat news bulletin that reported on human rights violations throughout the Soviet Union. During Kovalev's subsequent trial on charges of "anti-Soviet agitation,'' the KGB tried to prove the slanderous nature of the Chronicle's reporting--but ended up confirming its accuracy. Not that it changed the outcome: Kovalev was sentenced to seven years of imprisonment followed by three years in internal exile. His trial was held behind closed doors with a preselected "audience.'' Sakharov tried, unsuccessfully, to enter the courtroom and ended up standing outside the door throughout the trial. At the very same time, in Oslo, Sakharov's wife, Elena Bonner, was accepting his Nobel Peace Prize, which he dedicated to "all prisoners of conscience in the Soviet Union and in other Eastern European countries''--including Kovalev, whom he mentioned by name. The collapse of communist regimes in Eastern Europe saw many former dissidents go into politics to help steer their countries toward democracy. Poland's Lech Walesa and Czechoslovakia's Vaclav Havel were only the best-known examples. In Russia, to its chagrin, this was more the exception than the norm--but Sergei Kovalev was among those exceptions. Four times he was elected to the Russian parliament. He was also Russia's first human rights ombudsman, co-wrote the human rights clauses in the constitution and served as Russia's representative on the U.N. Human Rights Commission and the Parliamentary Assembly of the Council of Europe. Throughout it all, he stayed true to the principles that had defined his dissident period. He sought to make politics moral and never compromised his conscience. With the start of Russia's military campaign in Chechnya, he tried to use his position to prevent bloodshed--including by personally leading negotiations that saved the lives of more than 1,500 hostages during a terrorist siege in the summer of 1995. But while President Boris Yeltsin had genuine respect for Kovalev, he chose advice from elsewhere. When it became clear that the war would not stop, Kovalev resigned his official positions and sent Yeltsin a sharply worded open letter. The president responded personally, thanking Kovalev for his service and expressing sympathy for his motivation. This was a different Russia. Kovalev spent the last part of his life as he did the first: in opposition to a regime increasingly intolerant of domestic dissent and increasingly aggressive toward others. While Russia still had a real parliament, Kovalev remained a member--voting against Putin's confirmation as prime minister in 1999 and warning of a coming "authoritarian police state led by . . . the well-preserved Soviet security services'' in early 2000. That was a time when many in Russia and in the West were still harboring illusions about Putin. When legal opposition politics became all but impossible, Kovalev returned to being what he knew best, a dissident. His last public appearance, earlier this year, was at a virtual event commemorating Sakharov's centennial. Kovalev described himself as an idealist--an indispensable quality in a seemingly hopeless struggle against a ruthless authoritarian system. The main lesson from Kovalev and his fellow dissidents was that one can choose not to remain silent even in the most difficult circumstances. And that, in the end, the struggle might not be as hopeless as it seems.

  • Chairman Cardin Joins Bipartisan Resolution Highlighting First Anniversary Of Fraudulent Election in Belarus

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) today joined a bipartisan group of lawmakers to introduce a resolution on the one-year anniversary of the fraudulent presidential election in Belarus through which Alexander Lukashenko seized power for a sixth term.  The resolution, led by Helsinki Commissioner Sen. Jeanne Shaheen (NH) and Helsinki Commission Ranking Member Sen. Roger Wicker (MS), calls for free and fair elections, reaffirms bipartisan support in the Senate for the pro-democracy movement, free media, and the Belarusian people, and condemns Lukashenko’s recent acts of transnational repression. “A year after the people of Belarus were deprived of their democratic aspirations and desire for change, the United States is taking significant action to target those officials and companies propping up and supporting the Lukashenko regime,” said Chairman Cardin. “Over 600 political prisoners are unjustly detained.  Independent media outlets have been raided and shuttered, and Belarusian authorities are attempting to silence NGOs and vital members of civil society, and even Belarusians abroad face intimidation and the threat of kidnapping.  I support the Biden administration’s sanctions today, and I am proud to join my colleagues in the introduction of this significant, bipartisan resolution.” “This resolution reflects the important bipartisan work underway in Congress in support of the pro-democracy movement in Belarus and in fierce repudiation of Lukashenko’s continued aggression. Our message is clear: we are watching and there will be consequences for actions that violate the rights of Belarusians, wherever they occur,” said Sen. Shaheen. “Our bipartisan message from the Senate comes on the one-year anniversary of Belarus’ stolen election and as the Biden administration has rightly announced additional sanctions, in coordination with our UK and EU allies, for human rights abuses and increasing acts of transnational repression. The U.S. will not be silent as Lukashenko’s tyrannical regime escalates crackdowns against the Belarusian people and obstructs the pro-democracy movement and freedoms that the Belarusian citizenry are fighting so hard to secure.” “As the first official act of the Free Belarus Caucus, this resolution is a strong first step to show the world the U.S. Senate stands with the Belarusian people in their fight for freedom and new elections that are free and fair,” Sen. Wicker said. “I urge my colleagues to support this resolution as we work to promote democracy and oppose the ongoing abuses of the Lukashenko regime.” Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Marco Rubio also joined the resolution, alongside Sen. Ron Johnson (WI), Sen. Dick Durbin (IL), Sen. Rob Portman (OH), Sen. Chris Murphy (CT), Sen. Tim Kaine (VA), Sen. Chris Van Hollen (MD), Sen. Ed Markey (MA), and Sen. Bill Hagerty (TN). On Friday, Sen. Shaheen and Sen. Wicker announced the formation of the Free Belarus Caucus in the Senate, which includes a bipartisan group of seven other senators with the purpose of advocating for democracy and free and fair elections in Belarus.

  • Cohen, Wilson, Whitehouse, and Wicker Introduce GOLD Act

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02), along with Helsinki Commissioner Sen. Sheldon Whitehouse (RI) and Helsinki Commission Ranking Member Sen. Roger Wicker (MS), this week introduced the Guaranteeing Oversight and Litigation on Doping (GOLD) Act in the House of Representatives and the Senate. The bills would enable doping fraud—a violation of the Rodchenkov Anti-Doping Act—to also activate charges under the U.S. criminal anti-money laundering and racketeering statutes. Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26), sponsors of the Rodchenkov Act, also are among the original co-sponsors of the GOLD Act in the House of Representatives. The introductions follow comments from athletes expressing concern that this year’s Olympic Games—like many in the past—already have been marred by doping.   “Some of our athletes at the Olympic Games in Tokyo suspect that there has been performance-enhancing doping going on. One nation with a history of doping was disqualified from participating under its own flag because of past violations. We need better enforcement of anti-doping rules to make sure the Olympics are clean and that athletes are winning based on their own capabilities and training,” said Co-Chairman Cohen. “It is outrageous that clean athletes must continue to face doped athletes in international competition, but it isn’t surprising. No serious deterrent currently exists to stop the networks that engage in doping fraud, so doping continues unabated and remains a powerful asymmetric tool for authoritarian states like Russia to undermine the rule of law. Enforcement of the Rodchenkov Anti-Doping Act would put an end to this,” said Rep. Wilson. “The Olympics inspire us with remarkable feats of athleticism and a shared commitment to fair play. But doping schemes undermine the spirit of the games, and help kleptocrats like Putin burnish their image on the world stage.  That's why we need to extend the reach of the Rodchenkov Act, which I helped pass into law to tackle international doping. The GOLD Act will help law enforcement use our new anti-doping law to protect the integrity of international sport,”  said Sen. Whitehouse. “The United States needs to be ready to address doping fraud. Athletes have already expressed concern about possible doping at the Tokyo Olympics, and next year’s Beijing Olympics are not likely to be better given the corrupt nature of the Chinese Communist Party,” Sen. Wicker said. “The GOLD Act would pick up where the Rodchenkov Act left off, expanding the reach of the law by acknowledging that doping never happens in a vacuum. The corrupt officials and human rights abusers who engage in doping fraud also engage in money laundering, drug trafficking, computer hacking, racketeering, and more.” “The Rodchenkov Anti-Doping Act will finally hold Russia and other authoritarian actors to account for their state-run fraud. We should also closely examine the administrators and officials of the International Olympic Committee, World Anti-Doping Agency, and the various international sport federations, some of whom have allegedly enabled or engaged in doping fraud. The GOLD Act will make the Rodchenkov Act even broader and more powerful, and I look forward to the first indictment,” said Rep. Jackson Lee. “This week, Americans and the world are watching as Olympic athletes, who spent countless hours preparing, compete on the biggest world stage. It is critical that we do all we can to ensure they know that their effort is not tainted by someone working to rig the system. Being the largest sovereign contributor to the World Anti-Doping Agency (WADA), the United States must make certain that WADA is enforcing the rules and regulations in international competitions. The GOLD Act will strengthen the Rodchenkov Anti-Doping Act, and provide assurance to American competitors that their competition is clean and fair and that defrauded athletes may receive justice,” said Rep. Burgess. Helsinki Commissioner Rep. Richard Hudson (NC-08) and Rep. Tom Malinowski (NJ-07) also are original cosponsors of the GOLD Act. In December 2020, the Rodchenkov Anti-Doping Act became law. This groundbreaking extraterritorial criminal authority redefined doping as fraud and enables U.S. law enforcement to pursue corrupt administrators, officials, doctors, coaches, and other structural perpetrators of doping anywhere in the world. On July 21, the Helsinki Commission held a hearing on enforcement of the Rodchenkov Act at the Tokyo Olympics.

  • Helsinki Commission Summer 2021 Digital Digest

  • Co-Chairman Cohen, Ranking Member Wilson Introduce TRAP Act In House

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02) yesterday introduced the Transnational Repression Accountability and Prevention (TRAP) Act in the U.S. House of Representatives. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse. The legislation was introduced by Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) in the Senate in May 2021. “Using the legal system and INTERPOL to harass political opponents is becoming far too common,” said Co-Chairman Cohen. “Russia, Azerbaijan, Kazakhstan, Tajikistan, and Turkey frequently issue meritless INTERPOL requests that violate key provisions of INTERPOL’s constitution, subjecting international travelers to unnecessary inconvenience. The TRAP Act cracks down on the misuse of these tools to prevent autocrats from harassing their own citizens overseas.” “Dictators are increasingly pursuing political opponents and dissidents across borders. Through surveillance, harassment, and even assassination, these autocrats are attempting to build a world safe for authoritarianism—where speaking out against brutal regimes might destroy your life,” said Rep. Wilson. “It is imperative that we fight back. INTERPOL abuse is one of the worst forms of this transnational repression and I am pleased to introduce the TRAP Act with other Helsinki Commission leaders to curb it.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and are used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. One notable example of autocratic leaders using this power to harass their political enemies occurred in Rwanda. Paul Rusesabagina, a staunch critic of the Rwandan government, was arrested while traveling through Dubai after Rwanda asked INTERPOL to issue a Red Notice. Rusesabagina was then returned to Rwanda on false terrorism charges. Turkey’s government also has abused INTERPOL to target Enes Kanter, an NBA basketball player, who lives in the United States. Kanter is an outspoken member of a religious group that largely opposes the Turkish President. Original co-sponsors of the bipartisan bill include Helsinki Commissioners Rep. Emanuel Cleaver, II (MO-05), Rep. Brian Fitzpatrick (PA-01), Rep. Ruben Gallego (AZ-07), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Sheila Jackson Lee (TX-18), Rep. Tom Malinowski (NJ-07), and Rep. Peter Meijer (MI-03) also are original co-sponsors. 

  • OSCE SHDM on Digital Technology and Human Rights

    OSCE Conference on Risks and Opportunities Posed by Digital Technologies On July 12 and 13, 2021, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the third Supplementary Human Dimension Meeting (SHDM) of the year, titled "Digital Technologies and Human Rights - Opportunities and Challenges." The virtual conference included representatives from 45 OSCE participating States; a dozen OSCE missions and institutions, including the OSCE Parliamentary Assembly; more than 140 academic, national, and non-governmental human rights institutions; and international organizations like the Council of Europe, European Union, and the United Nations. Digital technologies affect human rights, gender equality, and the rule of law, and in her opening remarks, Swedish Foreign Ministry Director-General for Political Affairs Elinor Hammarskjöld stressed the nexus between digital technologies and Swedish OSCE Chairpersonship-in-Office (CiO) priorities. The COVID-19 pandemic underscored how the digital divide disproportionately affects women and girls, she explained, and stressed the threat that widespread use of digital technologies can pose to fundamental freedoms if used indiscriminately by authorities. Panelists highlighted opportunities for digital technologies to benefit societies and human rights defenders, as well as dangers they can pose to human rights. Maia Rusakova, associate professor of sociology at St. Petersburg State University, warned that data collection technologies have facilitated online recruitment by human traffickers. However, facial recognition, artificial intelligence, and tracking blockchain financial transactions and social media activity could play a role in combatting the digital threats of human trafficking.  Susie Alegre, an associate at the human rights NGO Doughty Street Chambers, highlighted how cutting-edge data collection can raise awareness of threats to human rights, support investigations, facilitate positive social change, and support human rights defenders. Examples include Data 4 Black Lives, eyeWitness to Atrocities, Forensic Architecture, and Bellingcat. Elif Kuskonmaz, a lecturer at the University of Portsmouth, cautioned that misuse of facial recognition technology could pose threats to peaceful assembly and freedom of speech, and that it could be exploited to wrongfully detain citizens. To prevent such abuse, she recommended that participating States adopt adequate legal frameworks concerning the collection, use, storage, and sharing of personal data. She urged all participating States to review the Council of Europe's Convention 108+, which addresses personal data collection in a national security context. Other panelists explored the capacity of artificial intelligence systems to reinforce existing structural inequalities through algorithms and the subsequent human rights implications. Civil Society Concerns about Government Use—or Abuse—of Digital Technology Civil society participants shared human rights concerns related to governmental use of digital technologies. Many urged the OSCE to call out repressive behavior and help participating States establish adequate legal protections against misuse. Several urged the United States and the European Union to target sanctions against the worst offenders. Many participants also took the opportunity to raise human rights concerns directly with government officials, and alleged misuse of data collected by government agencies to persecute human rights defenders, social activists, and their families.  For example, civil society activists from Kazakhstan accused the government of conducting digital surveillance and censorship on NGOs and activists, and they complained that mandatory “security certificates” allow the government to monitor and block use of non-government-controlled social media sites such as Facebook, YouTube, and Instagram. Other NGOs raised concerns about Spain's treatment of protesters in Catalonia, Greece's treatment of Turks in Western Thrace, and Russia’s occupation of Ukraine, including Crimea. A German NGO called for the abolition of facial recognition technology due to its use by law enforcement to profile specific ethnic groups and minorities, including Roma and Sinti.  Civil society participants also expressed concerns over participating States’ use of digital technology to target dissent by deploying spyware against individuals, spreading misleading government-sponsored content, and silencing protest groups and democratic movements. Several NGOs argued that their governments exploited conditions imposed by the pandemic to use surveillance camera footage, geolocation data, and contact tracing as part of a domestic surveillance campaign to discourage public political dissent. Participants highlighted how technology has been used to spread racist messaging, including the racist abuse of English football players following the recent Union of European Football Associations Euro 2020 matches. Many voiced their dismay that social media companies do not hold accountable individuals who spread racist content. Participants recommended that social media companies implement more robust algorithms to detect racist remarks.  Participating States Respond Several participating States addressed the use of technology. The European Union recognized the importance of addressing human rights abuses that arise from the misuse of digital technologies. Turkey responded by touting its 2016 law on data protection and emphasizing its multiculturalism. The Holy See responded that it is necessary to improve education in proper use and effects of technology. The Holy See also called for international regulations to guarantee the protection of human rights and fundamental freedoms, including the right to private personal electronic communication.

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