Commemorating 60th Anniversary of Historic Rescue of 50,000 Bulgarian Jews from the Holocaust

Commemorating 60th Anniversary of Historic Rescue of 50,000 Bulgarian Jews from the Holocaust

Hon.
Christopher H. Smith
United States
House of Representatives
108th Congress Congress
First Session Session
Tuesday, March 11, 2003

Mr. SMITH of New Jersey. Madam Speaker, during the Holocaust, the Jews of Europe were subjected to persecution and, ultimately, targeted for total genocide--not only by foreign occupiers, but also at the hands of erstwhile friends and even their own governments. In the face of this atrocity, Bulgaria stands out for protecting its indigenous Jewish population from the evil machinery of the Holocaust. Despite official allied status with Nazi Germany, Bulgarian leaders, religious figures, intellectuals and average citizens resisted pressure from the Nazis to deport Bulgarian Jews to certain death in the concentration camps of Eastern Europe. Thanks to the compassion and courage of broad sectors of Bulgarian society, approximately 50,000 Jews survived the Holocaust.

Once an ally of Nazi Germany in March 1941, the Bulgarian Government and Parliament came under pressure from the Nazi regime and enacted legislation severely curtailing the rights of the Jewish population. In February 1943, a secret meeting between, Hitler's envoy to Bulgaria, and Bulgaria's Commissar on Jewish Affairs, established a timetable for exporting to Germany the Jews in Aegean Thrace and Macedonia, territories then under Bulgarian administration, and deportation of Jews from Bulgarian cities. The deportations were to begin on March 9, 1943.

Trains and boats to be used in the deportations were in place, and assembly points in Poland had already been selected when word of the plans was leaked. Almost immediately, 43 members of the Bulgarian Parliament led by Deputy Speaker Dimiter Peshev signed a petition to condemn this action. This, coupled with widespread public outcry from active citizens, political and professional organizations, intellectuals, and prominent leaders of the Bulgarian Orthodox Church, led the Minster of the Interior to stay the deportation orders. Later that month, Peshev again took a bold step in drafting a letter, signed by members of the ruling coalition, which condemned the possible deportation of Jews, calling this an ``inadmissible act'' with ``grave moral consequences.''

In May 1943, the plan for deportation of the Bulgarian Jews was finally aborted. King Boris III resisted Nazi pressure to advance the plan, arguing that the Jews were an essential component of the workforce. While some 20,000 Jews from Sofia were then sent to work camps in the countryside for the remainder of the war and subjected to squalid conditions, they nevertheless survived.

Tragically, there was no such reversal of fate for the estimated 11,000 Jews from Aegean Thrace and Macedonia, who did not have the protection afforded by Bulgarian citizenship. Already driven from their homes in March 1943, these individuals were transported through Bulgarian territory to the Nazi death camps. Madam Speaker, this month marks the 60th anniversary of Bulgarian resistance to the Holocaust. The people deserve our commendation for their selfless efforts to preserve such a threatened religious community, and in fact, the number of Jews living in Bulgaria actually increased during the Holocaust.

Bulgaria's record of tolerance was distorted by 40 years of communist misrule which culminated in the 1984-89 forcible assimilation campaign against its largest minority, the Turks. One of the first initiatives of the government following the fall of communism in November 1989 was the reversal of this brutal campaign. A return to the wholesale suppression of minority groups as exemplified by the forcible assimilation campaign is inconceivable today, and Bulgaria is a democracy that promotes respect for fundamental rights.

Last year, Bulgaria's Ambassador to the United States, Elena Poptodorova, testified before the Helsinki Commission regarding the ongoing efforts of her government to promote tolerance, consistent with Bulgaria's historical traditions.

I have been particularly encouraged by Bulgaria's initiatives, in cooperation with leading non-governmental organizations, to promote the integration of Roma and non-Roma in schools. This work deserves the full support of the Bulgarian Government.

I am disappointed, however, that the Bulgarian Government has not yet adopted and implemented comprehensive anti-discrimination legislation, even though it pledged to do so in early 1999 in a platform of action on Roma issues, and committed to do so in the 1999 OSCE Istanbul Summit document. Four years have come and gone since Bulgaria made those pledges, and it is past time for those pledges to be honored.

I am hopeful the Bulgarian Government will do more to combat violence motivated by racial or religious intolerance. Two cases of such violence, against Romani Pentecostals in Pazardjik, appear to have received only superficial attention from the authorities.

Madam Speaker, I also was disappointed to learn of the recent passage of a new religion law in Bulgaria. Several drafts of a religion law had laid relatively dormant until the last months of 2002, when the process was expedited. As a result, it is my understanding that minority faith communities were excluded from the drafting process and assurances to have the Council of Europe review the text again were ignored. The law is prejudiced against certain religious groups and falls well short of Bulgaria's OSCE commitments. The law also jeopardizes the legal status of the Orthodox synod not favored by the Government and its property holdings, as well as threatens fines for using the name of an existing religious organization without permission. New religious communities seeking to gain legal personality are now required to go through intrusive doctrinal reviews and cumbersome registration procedures, and co-religionists from abroad have been denied visas based on poorly written provisions.

Bulgaria's leadership on these various issues would be welcomed, especially in light of their plans to serve as Chair-in-Office of the OSCE in 2004. The United States is particularly appreciative of Bulgaria's firm stand against terrorism at this time, and we look forward to continued strong relations between our countries. The proud heritage stemming from the days of the Holocaust serves as a good reminder of the importance of taking stands which are right and true. Mr. Speaker, I am pleased that this Congress is able to recognize that heritage and historical fact.

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Working from a fifth-floor conference room, the team had a hard time identifying homes or local businesses officially owned by any of the hundreds of Russian oligarchs on the Swiss government’s list of sanctioned people. They struggled with Cyrillic names and often couldn’t make sense of the 300-page list, said Heinz Tännler, the financial director for the Canton, or state, of Zug. They also struggled with the implications for the local economy, added Mr. Tännler, who worries that sanctions have jeopardized his canton’s reputation as a safe place for foreign investment. “This is a very difficult time, especially for the Canton of Zug,” he said. In the end, the officials found exactly one company out of the roughly 30,000 registered in Zug that they believed was owned or controlled by a sanctioned individual. Zug’s slow start is emblematic of the country as a whole. Switzerland has pledged to punish Russia for its invasion of Ukraine. 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.”

  • Black Sea Security Summit

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

  • HELSINKI COMMISSION DIGITAL DIGEST JUNE 2022

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

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

  • 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.  

  • European Energy Security Post-Russia

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

  • European Energy Security Focus of Upcoming Helsinki Commission Hearing

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

  • Helsinki Commission Digital Digest May 2022

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

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

  • Putin's Bribetakers and Warmongers

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

  • 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)

  • 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,

  • 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

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