Helsinki Commission Leaders Alarmed by Detention of Vladimir Kara-MurzaMonday, April 11, 2022
WASHINGTON—Following Monday’s arrest of prominent pro-democracy Russian statesman and outspoken Kremlin critic Vladimir Kara-Murza, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately.” On April 11, Vladimir Kara-Murza was detained on the street near his Moscow home. He currently is being held in the Khamovniki police station in the Central Administrative District of Moscow, where authorities have denied him access to his legal counsel in violation of his constitutional rights. Reports indicate that he has been charged with an administrative offense. It remains unclear if he is undergoing interrogation while in custody. His trial is scheduled for April 12. Mr. Kara-Murza was poisoned twice by the Kremlin in 2015 and 2017. On March 29, he testified at a Helsinki Commission hearing examining Russian dictator Vladimir Putin’s war on truth, where witnesses discussed the Kremlin’s use of propaganda and censorship. “Those who speak out against this war are now liable for criminal prosecution,” he said.
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Helsinki Commission Calls on Russia to Release 'True Patriot' Kara-MurzaMonday, April 11, 2022
A U.S. human rights monitor is calling for the release of journalist Vladimir Kara-Murza, a prominent Russian opposition figure who has spoken out against what he has called his government's crackdown on dissent. The U.S. Helsinki Commission on Monday raised alarm over the detention of Kara-Murza in Moscow a month after he outlined the Kremlin's increased use of propaganda and censorship. His arrest is the latest report of authorities attempting to silence critics since Russian President Vladimir Putin launched his invasion of Ukraine in February. "We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people," the commission said in a statement. "He must be allowed access to his lawyer and should be released immediately." The commission, a U.S. government agency comprised of members of Congress and representatives from federal agencies, heard testimony from Kara-Murza who described how the Russian government has used disinformation and the growing struggles of independent media outlets. The Russian government in March enacted new restrictions, criminalizing media from using the word "invasion" to describe the conflict in Ukraine. Those who violate them could face up to 15 years in prison. Speaking before the commission, Kara-Murza said that following the invasion, Putin moved swiftly against "what remained of independent media in Russia." Kara-Murza said that within days, authorities shuttered independent outlets, including Echo of Moscow, a radio station where he hosted a weekly program. He also pointed to how the Russian government has blocked access to social media networks. Other news outlets, such as highly respected Novaya Gazeta, ceased publication because of censorship, he said. Calling many Russians "brainwashed," he said many are not even aware of potential war crimes their government is alleged to have committed in Ukraine. "Today, most Russians are in an Orwellian parallel reality created by the Kremlin propaganda machine," Kara-Murza told the commission. "And I mean, Orwellian in the literal sense, what's being said on Russian state television might as well have come out of George Orwell's 1984: 'War is peace. Freedom is slavery. Ignorance is strength.'" Since Russia's new censorship laws have gone into effect, reports have emerged of students or parents turning in teachers who spoke disapprovingly of the war. Nobel Prize laureate and editor-in-chief of Novaya Gazeta, Dmitry Muratov, was attacked on a train. Russian authorities have also threatened Wikipedia with a nearly $50,000 fine for refusing to delete "illegal information." Kara-Murza, an author and politician who was repeatedly poisoned, has continued speaking out despite his arrest, making an appearance on MSNBC on Sunday.
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Experts say desperate refugees are finding new danger after leaving Ukraine - human traffickersThursday, April 07, 2022
An independent U.S. commission listened to testimony from experts on Capitol Hill on Thursday who painted a disturbing picture of yet another consequence of Russia's war in Ukraine -- human traffickers targeting vulnerable refugees who are desperate to flee to safety. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, heard from a panel of experts who expressed serious concern for the millions of Ukrainians who have left, or want to leave, the country. The experts underscored the need for the international community to protect the refugees, coordinate reception and transfer of unaccompanied minors, raise awareness and provide security. Kari Johnston, senior official at the U.S. State Department's anti-trafficking office; Tatiana Kotlyarenko, an anti-trafficking adviser; Mykola Kuleba, director of Save Ukraine; and Nic McKinley, founder and CEO of DeliverFund spoke to the Helsinki commission about the challenges they face to assisting Ukrainians fleeing the war from being harmed by the traffickers. Kari Johnston, senior official at the U.S. State Department's anti-trafficking office, told the committee that most refugees fleeing Ukraine have so far been women and children -- some of whom are alone. Part of the problem is that Ukraine has restrictions preventing Ukrainian men from leaving the country. "We are encouraging our European partners to take necessary measures, including distributing information to refugees on human trafficking and available safe resources for them in all languages they can understand," she told the commission. "We have been encouraged by how quickly governments and people in Europe have opened their hearts and homes but also by efforts governments have made to protect them to prevent trafficking." Adviser Tatiana Kotlyarenko noted that targeting women is on the rise, partly because of their appeal to criminals in the sex trafficking industry. One tactic that's already been seen near Ukraine is traffickers posing as transportation or aid workers -- which lure refugees into a false promise of security. "There's been reports of women and children disappearing after they've crossed the border, sometimes accepting a ride or a job offer from a person they think is there to help," Kotlyarenko told the commission. "Although the extent of human trafficking is not yet known, cases are beginning to be reported." "Children have been displaced, putting them at great risk of physical harm, severe emotional distress, trauma and human trafficking," she added. "There have been children who on their own walked to the border in the cold after being separated from family members or their family members killed." The United Nations has estimated that more than 4 million refugees have fled Ukraine so far since Russia launched its invasion on Feb. 24. Established by Congress in 1975, the commission is composed of nine members of the House, nine members of the Senate and typically one member each from the departments of defense, state and commerce. Those final three slots, however, are vacant and awaiting appointments.
Protecting Ukrainian Refugees from Human TraffickingThursday, April 07, 2022
More than 4 million refugees have fled Ukraine since Russia’s massive invasion on February 24, in the largest migration of people in Europe since the Second World War. Given Ukraine’s exit restrictions on males from 18-60, the vast majority of those are women and children. Most cross the Ukrainian border without resources or a place to go, making them extremely vulnerable to human trafficking. Reports indicate that traffickers already are trolling border areas trying to lure refugees with promises of accommodation, onward transportation, or employment. Ukrainian orphans and unaccompanied minors are particularly susceptible to such predators, and they need not only to be safely evacuated from Ukraine, but also securely tracked and transferred into national child protection systems so they do not fall prey to human traffickers or otherwise disappear. To address these concerns, the Helsinki Commission held a hearing on April 7, 2022, featuring experts on human trafficking and practitioners working directly with Ukrainian refugees. Witnesses testified on efforts by frontline states, the international community, NGOs, and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) to prevent refugees from becoming victims of human traffickers by raising awareness, vetting those working with refugees and those providing housing and employment, and countering online solicitation. They also discussed the need to safely transport vulnerable populations, particularly children, safely out of warzones and properly register them to ensure that they do not go missing or become trafficking victims. Helsinki Commission Chairman Sen. Ben Cardin (MD) commended the recent efforts of European countries to support refugees fleeing Ukraine. He stressed the need for governments and NGOs to coordinate in ensuring the care and safety of child refugees to avoid a crisis of missing children similar to the one that occurred in Europe in 2015. He said, “Not only do we need to ensure that children are safe and taken care of, but we must be able to reunite them with family after the war if possible.” Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) expressed his alarm over the humanitarian crisis occurring in Ukraine and condemned Russian dictator Vladimir Putin’s disregard for human life and spirit. “This flow of refugees caused by Putin’s war will cause us and require us to oversee as closely as possible the welfare of the women and children [to protect them from] people who have about the same consciousness and concern for others and human spirit as Vladimir Putin,” he said. Ranking Member Rep. Joe Wilson (SC-02) advocated for further military support for Ukraine so that Ukraine can reclaim its territory and refugees can return home safely. “Evicting the murderous Putin from Ukraine is the only way to help Ukrainian civilians and allow refugees to return to Ukraine,” he said. Rep. Chris Smith (NJ-04), OSCE Parliamentary Special Representative on Human Trafficking issues, thanked the witnesses for their leadership in the fight against human trafficking and called for increased international cooperation in protecting women and children from traffickers. Senior Official and Principal Deputy Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. State Department Dr. Kari Johnstone described the dire situation refugees face as they flee. Many are further endangered and exposed to human trafficking by extenuating circumstances, such as being unable to access information in their language or belonging to an already marginalized group such as Roma. Dr. Johnstone emphasized the need for trauma-informed, age-appropriate, gender-sensitive approaches to support refugees. Making sure refugees have access to appropriate work, housing, and schooling helps to keep refugees out of vulnerable situations and prevent trafficking. “While there’s no simple solution, working together…we are hopeful that we will be able to at least reduce the impact of this war,” Dr. Johnstone said. Tatiana Kotlyarenko, advisor on anti-trafficking issues at ODIHR, called for unity on all fronts to combat human trafficking and asked for continued support from Congress in strengthening ODIHR’s work on anti-human trafficking in Ukraine. She also stressed the importance of implementing strong national referral mechanisms to better identify and assist victims of human trafficking “If you want to prevent trafficking of Ukrainian women and children, we need to unite to address demand on policy, legislative, and practical levels,” she said. Mykola Kuleba, director of the NGO Save Ukraine, shared a firsthand account of the horrific conditions on the ground in Ukraine that he has witnessed while evacuating children from the war zone, emphasizing that the first step to protect Ukrainian refugees is to help Ukraine defend itself so its people don’t become refugees. He also highlighted the need for more humanitarian assistance, including food, water, and medicine. “Millions of Ukrainian children are now refugees wandering around the world. The world must help this great democratic country that has faced unprecedented evil. Each of you has the ability to aid in the rescue. Each of you can resist this evil,” Kuleba said. Nic McKinley, founder and CEO of DeliverFund, described the importance of disrupting the human trafficking market on the demand side by deterring potential buyers and attacking traffickers’ ability to profit from the exploitation of vulnerable populations. He also discussed how traffickers use social media to lure victims through advertisements for housing and employment for refugees. “You cannot have a human trafficking victim,” he said, “without a human trafficker.” Members brought a number of concerns and questions to witnesses, ranging from how best to distribute information on preventing human trafficking to refugees, to how government and NGO efforts can be coordinated to most effectively deliver assistance and provide protection for vulnerable populations. Related Information Witness Biographies
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Russia Critics Press Congress for Curbing Moscow's Role in International GroupsWednesday, April 06, 2022
Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.
Countering Oligarchs, Enablers, and LawfareWednesday, April 06, 2022
As influential proxies of Russian dictator Vladmir Putin, Russian oligarchs work to weaken Western democracies from within. They pay Western enablers—especially lawyers and lobbyists—millions to use their standing in democratic societies to generate policies favorable to the authoritarian regime in Russia and to silence its critics. On April 6, 2022, the Helsinki Commission heard from five witnesses who testified on the corruption of Russian oligarchs, as well as the various means through which such oligarchs censure journalists from reporting on their nefarious activities. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by recognizing oligarchs as appendages of Putin’s government who have engaged in extensive laundering and looting of the Russian state. He stressed the importance of sanctioning oligarchs, who utilize the existing financial and judicial frameworks of Western democracies to protect themselves from legal harm, as well as their accountants and lawyers, who utilize lawfare as means of continuing their kleptocratic ways and silencing those who report on their crimes. “We have to fortify our system against lawfare,” he stated. “And we hope that we can win this fight.” Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) asserted that oligarchs, while stealing and oppressing the Russian public, also are funding the Russian invasion of Ukraine. “In exchange for the lavish lifestyles that they live, these oligarchs pledge their loyalty to the mid-level KGB agent… currently overseeing Europe’s biggest land war since 1945,” he remarked. Ranking Member Rep. Joe Wilson (SC-02) described Russia’s invasion of Ukraine as a battle between the virtues of the free world and the vices of a corrupt state. “Putin ordered the invasion of Ukraine because Ukraine is a democracy… because it shows accountability over corruption,” he stated. “This is the most black and white conflict in recent memory.” Daria Kaleniuk, executive director of the Ukrainian Anti-Corruption Action Centre, testified that Putin’s invasion of Ukraine was due to fear of Ukraine’s fight against corruption. On February 22, when Putin declared war on Ukraine, he referred to numerous anti-corruption reforms for which the Ukrainian Anti-Corruption Action Centre had advocated. “It was clear to me in that moment that Ukraine’s successful story in fighting corruption is actually the ultimate threat to Vladmir Putin and to his kleptocratic regime,” she remarked. She argued that integral to Putin’s success throughout the years is his legion of legal and financial professionals. “There are two battlefields,” she stated. “One in Ukraine…. And another one in the West, where America is obligated to fight by targeting Russian oligarchs and their enablers.” Bill Browder, head of the Global Magnitsky Justice Campaign, described his experience following the passing of the Magnitsky Act, which allows the United States to freeze the assets of kleptocrats and human-rights violators. He highlighted the team of Western professionals who helped Putin target him for his work to passing the legislation. To ensure these Western enablers are held accountable for their actions, Browder recommended that Congress speak out and deny government employment to such organizations in the future. “We should make a list of these type of firms that do this enabling, this list should be put together by the U.S. Congress, and there should be a recommendation to the U.S. Government not to do business with these firms going forward,” he said. “They can pick sides. They can decide they want to work for the bad guys. And if they work for the bad guys, then they shouldn’t get any money from the U.S. government. Scott Stedman, founder of Forensic News, described the increased use of lawfare by oligarchs as a weapon to intimidate reporters into silence. He spoke of his experience reporting on Walter Soriano, a businessman with reported ties to multiple Russian oligarchs. Soriano filed a lawsuit against Forensic News and its contributors, attempting to silence Stedman through financial intimidation and lawfare. “Mr. Soriano’s U.S. litigation counsel Andrew Brettler wrote to me threatening yet more legal action if I did not pay a U.K. court for more money than I’ve ever had in any bank account,” he said. “This is what lawfare looks like. It is designed to suppress, stall, scare critical coverage of the Russian elite and their enablers.” Anna Veduta, vice president of the Navalny Anti-Corruption Foundation International, outlined the need to sanction corrupt Russian politicians, oligarchs, enablers, and their family members. The assets these oligarchs and enablers have acquired are held by relatives, she argued, who have yet to be sanctioned. “People responsible for these lies, people who are poisoning Russian people with these lies, still can enjoy spring break in Miami and take their kids to Disneyland,” she said. “So I am going to quote Alexei Navalny once again, ‘Warmongers must be treated as war criminals.’” Shannon Green, executive director of the USAID Anti-Corruption Task Force and senior advisor to the Administrator highlighted the reliance of autocrats like Putin on oligarchs and enablers. She reviewed USAID initiatives to support reform coalitions and confront lawfare domestically, as well as efforts to develop new programs to confront kleptocracy abroad. Addressing her fellow panelists, she stated, “Anna, Bill, Daria, Scott, we draw inspiration and courage from your example. And the U.S. government’s message to you, and to all of your fellow change agents, is: Be not afraid. We stand with you.” Related Information Witness Biographies Statement for the Record: Arabella Pike, Publishing Director, HarperCollins Publishers
Protecting Ukrainian Refugees from Human Trafficking to Be Discussed at Helsinki Commission HearingFriday, April 01, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PROTECTING UKRAINIAN REFUGEES FROM HUMAN TRAFFICKING Thursday, April 7, 2022 10:30 a.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission More than 4 million refugees have fled Ukraine since Russia’s massive invasion on February 24, the largest migration of people in Europe since the Second World War. Given Ukraine’s exit restrictions on males from 18-60, the vast majority of those leaving are women and children. Most cross the Ukrainian border without resources or a place to go, making them extremely vulnerable to human trafficking. Reports indicate that traffickers already are trolling border areas trying to lure refugees with promises of accommodation, onward transportation, or employment. Ukrainian orphans and unaccompanied minors are particularly susceptible to such predators, and they need not only to be safely evacuated from Ukraine, but also securely tracked and transferred into national child protection systems so they do not fall prey to human traffickers or otherwise disappear. Witnesses will examine efforts by frontline states, the international community, NGOs, and the OSCE Office for Democratic Institutions and Human Rights to prevent refugees from becoming victims of human traffickers, to coordinate the reception and transfer of unaccompanied minors, to conduct awareness-raising and prevention programs near the border, and to provide security to protect refugees. The following witnesses are scheduled to testify: Panel 1: Dr. Kari Johnstone, Senior Official, U.S. Department of State, Office to Monitor and Combat Trafficking in Persons Panel 2: Ms. Tatiana Kotlyarenko, Anti-Trafficking Advisor, OSCE Office for Democratic Institution and Human Rights Mr. Mykola Kuleba, Director of Save Ukraine and former Presidential Commissioner for Human Rights Mr. Nic McKinley, Founder and CEO, DeliverFund
Putin's War on TruthTuesday, March 29, 2022
Since his full-scale military attack on Ukraine began on February 24, Russian dictator Vladimir Putin has cracked down severely on Russia’s information landscape. In addition to blocking access to almost all social media outlets and international news sites and criminalizing speech that does not conform to the Kremlin narrative, Putin has deliberately and forcefully spread propaganda about the war and the Ukrainian state and people. By depriving the Russian people of access to credible information and controlling state-run media, Putin aims to drum up domestic support for his war of pure aggression on the peaceful, democratic citizens of Ukraine. At a hearing on March 29, 2022, the U.S. Helsinki Commission heard from three expert witnesses who discussed Putin’s propaganda tools and narratives and offered recommendations for the United States to help ensure that the people of Russia are not cut off from the truth. Parliamentarians from the OSCE Parliamentary Assembly (PA) also attended, including President of the OSCE PA Margareta Cederfelt (Sweden), and OSCE PA Vice Presidents Pascal Allizard (France) and Irene Charalambides (Cyprus). Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who presided over the hearing, compared Putin’s current propaganda and censorship campaigns and practices to the Stalin era and called out claims that Russia is trying to “denazify” Ukraine. “Putin is building a new iron curtain and attempts to justify his indefensible war and continued attacks against the Ukrainian people,” he said. Helsinki Commission Chairman Sen. Ben Cardin (MD) described recent and upcoming hearings, emphasizing the Helsinki Commission’s focus on the war in Ukraine. He stated, “There’s no higher priority that we have right now than to deal with what Russia has done in violating every single principle of the Helsinki Final Act – every single principle.” Ranking Member Rep. Joe Wilson (SC-02) praised the unified bipartisan stance that Republicans and Democrats have taken in response to Putin’s invasion of Ukraine and highlighted the dire consequences ordinary Russians have faced in speaking out against Putin or the war. “I am particularly grateful to the brave Russians… armed only with truth who have spoken out at great risk to their personal safety,” he said. Senator Richard Blumenthal (CT) remarked on the intrinsic connection between the war in Ukraine and the war on truth in Russia, emphasizing that as the West fortifies Ukrainian freedom-fighters with arms and equipment, we must also fortify the efforts of truth-tellers. Fatima Tlis, a journalist with Voice of America, described contemporary Russian propaganda as a combination of old techniques and new technology, comparing disinformation deployed by the Kremlin to a soap opera—intriguing and engaging to the audience. Tlis emphasized that full force propaganda has been deployed against the Russian people for decades and it will require an intelligent strategy to counteract it. She recommended utilizing humor, referencing a satirical TV show that Putin shut down shortly after coming to power. “He’s afraid of being laughed at because, you know, the great czar cannot be laughed at,” she observed. “He loses his power. People are not afraid of him anymore if they can laugh at him.” Peter Pomerantsev, a senior fellow at the SNF Agora Institute at Johns Hopkins University, described the need for a coordinated, three-pronged response to Russian propaganda by government entities, tech companies, and media. While Russia is the most pressing challenge, Pomerantsev pointed out that China, Saudi Arabia, and other countries are also engaging in these practices. He called for comprehensive action to combat the Russian disinformation complex and said, “Where they have troll farms, we will have online town halls. Where they use disinformation to manipulate people, we will use communication to engage with them as citizens.” Vladimir Kara-Murza, Russian journalist, author, and former host at Echo of Moscow Radio, spoke to the comprehensive program of disinformation that Putin has installed in Russia from his first days in office, and highlighted the difficulties independent media outlets in Russia face, including being forced to cease operations. He also recalled the Soviet-era example of using radio broadcasts to combat a new information Iron Curtain. “Nothing beats totalitarian propaganda better than the truth,” he said. Members brought a number of concerns and questions to witnesses, ranging from how to support Russian dissidents, to which techniques would be the most effective in distributing accurate information to Russian citizens. Related Information Witness Biographies Vladimir Kara-Murza: "Why the West should help Russians learn the truth about Putin’s war in Ukraine"
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With oligarchs in the crosshairs, alleged Western 'enablers' attract fresh scrutinyThursday, March 24, 2022
As governments scramble to seize high-profile assets owned by Russian oligarchs, a quiet effort is gaining momentum in the West to target their alleged “enablers” – the lawyers, lobbyists and money-handlers who critics say help them hide, invest and protect their vast wealth in U.S. and European institutions. “The yachts and jets and villas get the most attention, but a lot of the oligarchs’ money is in private equity and hedge funds – places we can’t see,” said Maira Martini, a researcher with the corruption watchdog Transparency International. “That’s the money that really matters to them.” For decades, wealthy business tycoons with close ties to Russian President Vladimir Putin have enlisted the services of reputable bankers and lawyers in the West to navigate loopholes that obscure their identity. While it's not necessarily illegal to use obscure entities and agents to protect finances, critics say the laws need to be strengthened to create more transparency. rganized Crime and Corruption Reporting Project, a global investigative reporting platform that focuses on corruption, organized crimes and illicit financing, claims to have uncovered over 150 assets worth $17.5 billion held by 11 Russian elites and their alleged enablers, while a Forbes report identified more than 82 properties across the world -- a collective of $4.3 billion -- held by 16 sanctioned Russian oligarchs. Assets that have surfaced are likely only a fraction of these oligarchs' actual wealth. The true extent is difficult to track because they often use a convoluted network of shell companies, obscure entities and stand-ins to keep their finances hidden, experts said. But now, with war raging in Ukraine, lawmakers and corruption watchdogs are calling on governments to close those loopholes and crack down on the middlemen who know how to exploit them. “Putin’s oligarchs cannot operate without their Western enablers, who give them access to our financial and political systems,” said Rep. Steve Cohen, D-Tenn. “These unscrupulous lawyers, accountants, trust and company service providers and others need to do basic due diligence on their clients to ensure that they are not accepting blood money. This isn’t rocket science – it is common sense policy to protect democracy.” In Washington, Cohen and others have introduced the ENABLERS Act, which would require real estate brokers, hedge fund managers and other entities to “ask basic due diligence questions whenever somebody comes to them with a suitcase full of cash,” said Rep. Tom Malinowski, D-N.J., the lead sponsor of the bill. The International Consortium of Investigative Journalists, a global network of journalists and newsrooms that have tracked the wealthy's tax havens and financial secrecy, has identified at least a dozen networks of facilitators, offshore agents and banks across the world that have allegedly helped Russia's elites move and hide their money based on its analyses of public records and leaked financial documents the group has obtained over the past decade. This includes a range of actors, from global offshore law firms that create shell companies and other obscure entities to help wealthy Russians keep their finances clouded, to one-man shops in offshore tax havens that help set up "nominee" shareholders and paid stand-ins to conceal the real owners of entities. ICIJ also points to the roles of major law firms in helping shape the modern tax avoidance system as well as the roles of big financial institutions and banks in helping wealthy Russians move their money. Last year, The Washington Post, as part of its collaboration with ICIJ's Pandora Papers project, reported on how South Dakota, with its limited oversight, vague regulations and trust secrecy, has become a tax haven for secretive foreign money. Malinowski stressed that the United States "has become one of the easiest places in the world for corrupt kleptocrats around the world to hide money." “What we've basically allowed is a system where people can steal their money in countries without the rule of law and then protect their money in countries like ours where they can count on property rights and courts and privacy rules to safeguard his loot for life," Malinowski said. "We should not be complicit in the theft that supports dictatorships like Putin." Experts warned that sanctions and asset seizures, while effective in the short term, may be toothless over time if secrecy loopholes remain in place. On Wednesday, Transparency International published an open letter calling on Western leaders to take steps to stem rules that foster opacity. “To disguise their wealth and keep them out of the reach of law enforcement authorities, kleptocrats will turn to lawyers, real estate agents, banks, crypto-service providers and banks in your countries,” the letter reads. “You must redouble your supervision efforts over the gatekeepers of the financial sector.”
Helsinki Commission to Hold Hearing on Russian Propaganda and CensorshipWednesday, March 23, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PUTIN'S WAR ON TRUTH Propaganda and Censorship in Russia Tuesday, March 29, 2022 2:00 p.m. Rayburn House Office Building Room 2172 Watch live: www.youtube.com/HelsinkiCommission Since his full-scale military attack on Ukraine began on February 24, Russian dictator Vladimir Putin has cracked down severely on Russia’s information landscape. In addition to blocking access to almost all social media outlets and international news sites and criminalizing speech that does not conform to the Kremlin narrative, Putin has deliberately and forcefully spread propaganda about the war and the Ukrainian state and people. By depriving the Russian people of access to credible information and controlling state-run media, Putin aims to drum up domestic support for his war of pure aggression on the peaceful, democratic citizens of Ukraine. Witnesses will examine Putin’s propaganda tools and narratives as well as the rapidly shrinking options for Russians to access credible information, and will recommend options for the United States to help ensure that the people of Russia are not cut off from the truth. The following witnesses are scheduled to testify: Fatima Tlis, Journalist, Voice of America Peter Pomerantsev, Senior Fellow, Agora Institute, Johns Hopkins University Vladimir Kara-Murza, Russian journalist and author, former host at Echo of Moscow radio
Chairman Cardin Emphasizes the Importance of the Global Magnitsky ActWednesday, March 23, 2022
Madam President, reserving the right to object to the request from the Senator from Idaho, it is my understanding that the Senator’s modification would not include provisions that were included in the Housepassed legislation that modifies the global Magnitsky sanction regime. I just would like to speak for a moment, if I might. There is no question that we stand with the people of Ukraine against the unprovoked attack by Mr. Putin. We are inspired every day by the courage of the Ukrainian people and by their inspirational leader, President Zelenskyy. The United States has shown leadership, and I congratulate the Biden administration. We have led the free world in providing defensive lethal weapons to Ukraine to defend itself. We have provided humanitarian assistance, joining the global community, including dealing with 3 million Ukrainians that are now refugees in other countries and 10 million that have been displaced as a result of Mr. Putin’s unprovoked attack. And we have led on sanctions. We have led in getting the global unity to impose sanctions against not just the Russian sectors, but also against individuals. And when Mr. Zelenskyy spoke before the Members of Congress, he specifically mentioned the importance of these sanctions; and he asked us to expand those covered by the sanctions to include the enablers, those that are enabling Mr. Putin—the oligarchs—to be able to fund his aggression against Ukraine. So what did the House send over to us? In their bill, they sent over a global Magnitsky modification. It is identical to legislation that was filed by Senator PORTMAN and myself that included the revocation of PNTR for Russia, along with the global Magnitsky. First and foremost, it removes the sunset that is in the legislation that would sunset this year. Mr. Zelenskyy asked for us to be resolved in being willing to stand up to Mr. Putin, that it would take some time. A clear message is that we remove the sunset on the global Magnitsky statute. And we know how difficult it is to get legislation passed in this body. It also expands the global Magnitsky to include the enablers—exactly what Mr. Zelenskyy asked us to do—those that enabled—the oligarchs that allowed him to be able to finance this. The language that is included in here is very similar to the language that was included in President Trump’s Executive order. This is critical legislation. Now, let me just tell you how appropriate it is that it is included in a PNTR bill—because the first Magnitsky sanction bill—and Senator WYDEN was very important in getting this done—was included in the original PNTR bill for Russia, and we were able to get it done at that time. We then made it a global Magnitsky, and my partner on that was the late Senator McCain. It has always been bipartisan. My partner now is Senator WICKER. The two of us have joined forces to make sure we get it done now. It is critically important in order to impose banking restrictions on those that are targeted under the global Magnitsky, as well as visa restrictions on being able to travel. How important is it? Ask Mr. Usmanov, who is one of the principal oligarchs to Mr. Putin, who solves Mr. Putin’s business problems. Guess how he solves those problems? Well, his yacht has now been confiscated in Germany. That is how important these sanctions are and how we have to move them forward. So, if I understand my colleague’s request, it would deny the opportunity for us to act on the global Magnitsky, which Mr. Zelenskyy has specifically asked us to do. We would lose that opportunity. We would be sending this bill back to the House that is not in session, which means there will be a further delay in repealing PNTR for Russia, which is something we need to do now, today. We can get it to the President for signature today under the majority leader’s request. And as the majority leader has indicated, I support the energy ban—I support the Russian energy ban. President Biden has already taken steps to do that. And I agree with my colleague from Idaho. I would like to incorporate that in statute, but there is no urgency to do that as there is on repealing PNTR and the global Magnitsky. That is the urgency. That is what we need to get done today. That is what we can get to the President this afternoon under the majority leader’s request, and that will be denied if my friend from Idaho’s request were granted. So, for all those reasons, I object.
Containing RussiaWednesday, March 23, 2022
Russian dictator Vladimir Putin’s war on the Ukrainian people is an urgent threat to European security and global peace. Should his destructive gambit succeed in Ukraine, Russia will have dramatically expanded its de-facto border with NATO—including through a soft annexation of Belarus—as well as its ability to destabilize the democracies of Central and Western Europe. Russian military success would threaten to draw a new iron curtain across Europe, dividing those protected by NATO’s security guarantees from those left exposed to Russian predation. This division could lead to significant remilitarization, a reappearance of Cold War tensions, and a reversion to historic cycles of European conflict. Beyond Europe, revisionist powers would be emboldened, and the United States and its Allies would be less able to deter them. At this hearing, military experts and strategic thinkers explored options for curtailing Moscow’s ability to wage war on Ukraine and neighboring states, especially those outside the protective umbrella of NATO. The hearing began with brief remarks by Ukrainian Ambassador to the U.S. Oksana Markarova. Related Information Witness Biographies
Doing MoreFriday, March 18, 2022
Russian dictator Vladimir Putin’s criminal war has enraged citizens of goodwill and galvanized support for Ukraine across the world. The United States has been a key supporter of Ukraine, providing weaponry, humanitarian relief, and other forms of urgent assistance, in addition to leveling crippling sanctions on Russia. However, Russian forces continue to bombard Ukrainian cities, targeting civilians and critical infrastructure. Russia’s brutal war is causing an unprecedented humanitarian catastrophe in Ukraine, and observers worry that Putin may next use chemical or other weapons of mass destruction. On March 16, President Zelenskyy appealed to the U.S. Congress to render additional aid to Ukraine, including the possibility of enforcing a no-fly zone. This briefing convened military and strategic experts to discuss ways to further assist the people of Ukraine as they resist Russia’s invasion. The discussion examined air defense strategies, the feasibility and implications of no-fly zones, and other forms of materiel support. Related Information Panelist Biographies
Options to Contain Russia to Be Explored at Helsinki Commission HearingFriday, March 18, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: CONTAINING RUSSIA Opposing Russian Imperialism in Ukraine and Beyond Wednesday, March 23, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Russian dictator Vladimir Putin’s war on the Ukrainian people is an urgent threat to European security and global peace. Should his destructive gambit succeed in Ukraine, Russia will have dramatically expanded its de-facto border with NATO—including through a soft annexation of Belarus—as well as its ability to destabilize the democracies of Central and Western Europe. Russian military success would threaten to draw a new iron curtain across Europe, dividing those protected by NATO’s security guarantees from those left exposed to Russian predation. This division could lead to significant remilitarization, a reappearance of Cold War tensions, and a reversion to historic cycles of European conflict. Beyond Europe, revisionist powers would be emboldened, and the United States and its Allies would be less able to deter them. At this hearing, military experts and strategic thinkers will explore options for curtailing Moscow’s ability to wage war on Ukraine and neighboring states, especially those outside the protective umbrella of NATO. The hearing will begin with brief remarks by Ukrainian Ambassador to the U.S. Oksana Markarova. The following witnesses also are scheduled to testify: General (Ret.) Philip Breedlove, NATO’s Former Supreme Allied Commander Europe; Distinguished Professor of the Practice and CETS Senior Fellow, Georgia Tech Dr. Michael Kimmage, Former Policy Planning Staff, U.S, Department of State; Professor of History, The Catholic University of America; Fellow, German Marshall Fund of the United States Dr. Miriam Lanskoy, Senior Director for Russia and Eurasia, National Endowment for Democracy
Experts to Explore Options to Further Assist Ukraine at Helsinki Commission BriefingThursday, March 17, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: DOING MORE Assessing Ukraine’s Defensive Needs Friday, March 18, 2022 10:30 a.m. Watch live: www.youtube.com/HelsinkiCommission Russian dictator Vladimir Putin’s criminal war has enraged citizens of goodwill and galvanized support for Ukraine across the world. The United States has been a key supporter of Ukraine, providing weaponry, humanitarian relief, and other forms of urgent assistance, in addition to leveling crippling sanctions on Russia. However, Russian forces continue to bombard Ukrainian cities, targeting civilians and critical infrastructure. Russia’s brutal war is causing an unprecedented humanitarian catastrophe in Ukraine, and observers worry that Putin may next use chemical or other weapons of mass destruction. On March 16, President Zelenskyy appealed to the U.S. Congress to render additional aid to Ukraine, including the possibility of enforcing a no-fly zone. This briefing will convene military and strategic experts to discuss ways to further assist the people of Ukraine as they resist Russia’s invasion. The discussion will examine air defense strategies, the feasibility and implications of no-fly zones, and other forms of materiel support. Expert statements and a brief, moderated Q&A will be available live to the public. This will be followed by an informal, off-the-record discussion for congressional staff and U.S. Government personnel. The following panelists are scheduled to participate: General (Ret.) Wesley Clark, Senior Fellow, UCLA Burkle Center; Founder, Renew America Together Dr. Stacie Pettyjohn, Senior Fellow, Center for a New American Security Dr. Matthew Koenig, Professor of Government, Georgetown University; Deputy Director, Scowcroft Center for Strategy and Security Director, Scowcroft Strategy Initiative at the Atlantic Council
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International Court orders Russia to suspend invasion of UkraineThursday, March 17, 2022
Helsinki Commission Chairman Senator Ben Cardin joined ABC News to discuss a resolution submitted by himself and others, which was recently adopted by the Senate and called on the Putin regime to be held accountable for war crimes committed during Russia's invasion of Ukraine."I hope that one day in the near future we'll see [Mr. Putin] at the Hague, tried as a war criminal," he said. On March 23, the U.S. Department of State published a statement confirming that Russian forces have committed war crimes in Ukraine.
"Game-Changer"Thursday, March 17, 2022
Russian dictator Vladimir Putin’s invasion of Ukraine has destroyed the international framework that has kept the peace in Europe since 1945, at a time when Baltic states Lithuania, Estonia, and Latvia already faced complex and evolving security challenges. Beyond Putin’s existential threats, the Baltic states now must deal with a Belarus that has become little more than a staging area for Moscow to wage war on its peaceful neighbors. China’s economic and diplomatic pressures also continue to weigh heavily. Yet these three relatively small countries nevertheless are demonstrating courageous, principled, and effective leadership on the international stage. On March 17, 2022, the Helsinki Commission heard from the chairs of the foreign affairs committees of the national parliaments of Lithuania, Estonia, and Latvia. The three witnesses offered views on opportunities to address the deteriorating security situation in Europe, including and especially through partnership with the United States. Ranking Member Sen. Roger Wicker (MS) opened the hearing by acknowledging the vulnerable position the Baltic States are in as they face security challenges from Russia, Belarus, and China. He also praised the economic, military, and moral support the Baltic States have provided to Ukraine. “Once again, in this crisis the three Baltic countries are punching above their weight,” he said. “And I have every expectation they will continue to do so.” Co-Chairman Rep. Steve Cohen (TN-09) emphasized the longstanding bonds between the Baltic countries and the United States, particularly throughout the era of Soviet occupation. “I suspect if the three Baltic countries were not members of NATO, you might have already met Vladimir Putin’s armies… we want to assure you that we are with you.” Chairman Sen. Ben Cardin (MD) underscored the deep and bipartisan commitment of the United States to Article 5 of NATO. “We stand with you on your sovereignty and will be there to protect the sovereignty of your countries against any attempt by Russia to interfere with that,” he said. Ranking Member Rep. Joe Wilson (SC-02) expressed appreciation for the commitment Latvia, Lithuania, and Estonia have shown to promoting independence and freedom in Europe, and to their NATO membership. “The Baltic allies have been on the forefront of trying to stop the advance by Putin,” he said. He also praised the support the Baltic states are providing to Belarussian dissidents, activists, and opposition politicians. Commissioner Rep. Ruben Gallego (AZ-07) stressed the importance of the current moment for Baltic security and highlighted the Baltic Security Initiative, which bolsters the defense capabilities of Estonia, Latvia and Lithuania in areas including air defense, maritime situational awareness, ammunition, C4ISR, and anti-tank capabilities. He said, “If we draw any lessons from the ongoing war in Ukraine, it’s that we need to ensure our allies and our partners are too prickly for any adversary or competitor to swallow.” Laima Andrikiene, Chair of the Foreign Relations Committee of the Seimas of Lithuania, testified that the global democratic order has been ravaged and called on the United States to position permanent combat forces in Lithuania in order to build credible defense against Russian military threats. She also urged international allies not to forget the threat China poses. “The case of Lithuania is a test for the entire democratic world of our ability to withstand economic coercion and to deter China from using coercion as a regular foreign policy tool to advance its goals,” she said. Marko Mihkelson, Chair of the Foreign Affairs Committee of the Riigikogu of Estonia, warned of the brutality and ruthlessness of the Russian war machine, referencing his prior career as a journalist, when he reported on the Chechen War. “Russia’s blatant aggression and military invasion in Ukraine has caused a fundamental shift in the European security architecture and threatens the peace and stability of democratic nations, not only in Europe but worldwide,” he said. “The future of our common security will be decided in Ukraine.” Rihards Kols, Chair of the Foreign Affairs Committee of the Saeima of Latvia, described the hybrid warfare tactics Russia is employing and the importance of supporting a well-educated and informed society in order to counter hybrid threats. Kols advocated for decisive action against Putin and warned against hesitance. He said, “Nothing is more provocative to a dictator than the weakness of free nations.” Members asked the three witnesses a range of questions on how best to defeat Russia’s aggression against Ukraine and deter further aggression by Putin’s regime against the Baltic states and elsewhere. Related Information Witness Biographies Press Release: Co-Chairman Cohen Leads Bipartisan Congressional Delegation to Defend Democracy and Ukrainian Sovereignty at OSCE PA Winter Meeting; Delegation Also Travels to Lithuania to Support Crucial NATO Ally. Field Hearing: Baltic Sea Regional Security
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Sen. Cardin: U.S. should increase sanctions on RussiaWednesday, March 16, 2022
Helsinki Commission Chairman Senator Ben Cardin spoke with José Díaz-Balart of MSNBC following Ukrainian President Volodymyr Zelensky's address to Congress. Chairman Cardin discussed U.S. support for Ukraine in providing defensive weaponry and humanitiarian assistance. "[Zelensky's] message was clear: we need staying power to isolate Russia and Mr. Putin, we need to increase the cost by increasing the sanctions, and we need to provide Ukraine with the lethal defense weapons it needs in order to protect its skies," he said.
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Helsinki Commission Urges Biden to Designate Ukraine, Georgia as Major Non-NATO AlliesSaturday, March 12, 2022
The Helsinki Commission, an independent U.S. government agency tasked with promoting human rights and security in Europe, has called on the Biden administration to upgrade the United States’ defense relationship with Ukraine. The commission seeks to help facilitate military and economic assistance to Kyiv as Russian forces move to encircle the Ukrainian capital. In a letter to U.S. President Joe Biden obtained by Foreign Policy, the commission urged the administration to designate Ukraine and Georgia, which was invaded by Russia in 2008, as major non-NATO allies (MNNA) and to reinvigorate U.S. support for the NATO accession of both countries. “Although the United States has consistently supported Ukraine’s and Georgia’s NATO membership, Russia’s occupations and ongoing invasion expose the tragedy of long-stalled Euro-Atlantic enlargement,” wrote the commission, which is led by Democratic Sen. Ben Cardin and Democratic Rep. Steve Cohen. “Absent strong and proactive U.S. backing for Ukrainian and Georgian NATO membership, [Russian President Vladimir] Putin will continue to take ample advantage in his aspirations to upend security and cooperation in Europe and his neocolonial agenda,” the letter said. Both Ukraine and Georgia were promised membership to the defense alliance during the NATO summit in Bucharest, Romania, in 2008. But despite extensive reform efforts, neither country has been offered a timetable for accession. The United States has provided billions of dollars of military assistance to Ukraine since it was first invaded by Russia in 2014, with more than $1.2 billion approved over the past year. “This designation is a fair reflection of our current bilateral defense relationships and does not commit the United States to military action,” the commission letter said, which also recommended that the administration consider extending the status to other non-NATO members along Europe’s eastern flank: Finland, Moldova, and Sweden. Much of U.S. military aid for Ukraine has been approved through a range of ad hoc government funding mechanisms. Granting the country MNNA status would open a variety of established channels to facilitate arms transfers, financial assistance, and information sharing, smoothing the way for further cooperation. It would also send a powerful signal of support for both Kyiv and Tbilisi. Unlike NATO membership, MNNA status does not entail any mutual security and defense obligations. On Thursday, the White House announced it would designate Colombia and Qatar as major non-NATO allies, bringing the total number of countries to receive the title up to 19. The title has usually been reserved for countries with no ambitions or prospects of joining NATO, which prompted the Ukrainian ambassador to the United States, Oksana Markarova, to express wariness about the designation last year. “MNNA is a status for countries that do not plan/can not force political or geographical reasons to join NATO. This is definitely not about us,” she wrote in a Facebook post. NATO accession is decided between the 30 members of the alliance, and an MNNA designation by the United States would not necessarily impede Ukraine’s membership prospects. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, was founded in 1976 as an independent government agency to monitor compliance with the Helsinki Accords, a major Cold War-era diplomatic agreement that sought to reduce tensions between the Soviet Union and the West as well as establish human rights and security norms. The commission is made up of 18 members of U.S. Congress drawn from both parties and representatives from the U.S. departments of State, Defense, and Commerce.
Mr. President, as Co-Chairman of the Helsinki Commission, I submit today a resolution urging the Government of Ukraine to ensure a democratic, transparent and fair election process for the presidential elections scheduled to be held in late October. An identical resolution is being submitted by Chairman of the House International Relations Committee Henry Hyde and my colleague and Chairman of the Helsinki Commission, Representative Chris Smith. I am pleased to note that the Commission's Ranking Member, Mr. Dodd, and the Ranking Member of the Committee on Foreign Relations, Mr. Biden, are original cosponsors of the resolution.
The Helsinki Commission, which has long monitored and encouraged human rights, rule of law and democracy in Ukraine, continues to be a stalwart supporter of Ukraine's development as an independent, democratic and market-oriented state. There is a genuine desire in the United States for Ukraine to succeed in this process and for the long-suffering Ukrainian people to fully realize their dreams and aspirations. This resolution, by encouraging fair, open and transparent elections, is a concrete expression of the commitment of the U.S. Congress to the Ukrainian people.
The resolution underscores that an election process and the establishment of a genuinely democratic political system consistent with Ukraine's freely-undertaken OSCE commitments is a prerequisite for Ukraine's full integration into the Western community of nations as an equal member, including into NATO. The October elections will be vital in determining Ukraine's course for years to come and they present the Ukrainian authorities with a real opportunity to demonstrate their commitment to OSCE principles and values.
Unfortunately, Ukraine's pre-election environment has already been decidedly problematic and of increasing concern to the United States and the international community. During the course of this year I have shared specific concerns with Senate colleagues, particularly in terms of the media. The resolution submitted today focuses squarely on key problem areas, including increasing control and manipulation of the media and attempts by national authorities to limit access to international broadcasting, including Radio Liberty and Voice of America. Among other concerns are the blatant obstacles to free assembly and a free and fair political campaign as well as substantial irregularities in several recent elections.
An egregious example of how not to conduct elections was the mayoral election held two weeks ago in the western Ukrainian city of Mukacheve. This election was marred by intimidation, violence, fraud and manipulation of the vote count, electoral disruptions and irregularities. Despite strong evidence indicating that a candidate from the democratic opposition “Our Ukraine” bloc had won, the territorial elections commission announced as winner the candidate of a party led by the head of Presidential Administration, Viktor Medvedchuk. That some of the abuses and violence took place in front of OSCE observers, and that some of the victims of violence were members of the Ukrainian parliament, only underscores the brazenness of these actions. The outlandish conduct of the Mukacheve elections not only casts doubt over their outcome, but when coupled with other recent problematic elections, including in Constituency No. 61 in Donetsk, could be a barometer for the October presidential elections.
The resolution I submit today outlines those measures the Ukrainian authorities need to take--consistent with their own laws and international agreements--for a free, fair, open and transparent election process. The Ukrainian authorities at all levels, including the executive, legislative and judicial branches, need to ensure an election process that enables all of the candidates to compete on a level playing field. This includes the various institutions and agencies involved directly or indirectly in the elections process, such as the Central Election Commission, the Ministry of Internal Affairs, Procuracy, the State Security Service (SBU), Tax Administration, as well as the Constitutional and Supreme Courts.
Ukraine's October presidential elections should be a watershed for the future direction of that country of great potential. It is abundantly clear that a small clique have a vested interest in perpetuating the outmoded status quo. Ukrainian authorities need to radically improve the election environment if there is to be hope for these elections to meet OSCE standards. The question is whether their perceived self-interest will trump the interest of the people of Ukraine. Having restored the independence of their proud land, the Ukrainian people deserve an opportunity to overcome the legacy of the past, and consolidate democracy, human rights and the rule of law.
Mr. Campbell (for himself, Mr. Dodd, and Mr. Biden) submitted the following resolution; which was referred to the Committee on Foreign Relations:
Whereas the establishment of a democratic, transparent, and fair election process for the 2004 presidential election in Ukraine and of a genuinely democratic political system are prerequisites for that country's full integration into the Western community of nations as an equal member, including into organizations such as the North Atlantic Treaty Organization (NATO);
Whereas the Government of Ukraine has accepted numerous specific commitments governing the conduct of elections as a participating State of the Organization for Security and Cooperation in Europe (OSCE), including provisions of the Copenhagen Document;
Whereas the election on October 31, 2004, of Ukraine's next president will provide an unambiguous test of the extent of the Ukrainian authorities' commitment to implement these standards and build a democratic society based on free elections and the rule of law;
Whereas this election takes place against the backdrop of previous elections that did not fully meet international standards and of disturbing trends in the current pre-election environment;
Whereas it is the duty of government and public authorities at all levels to act in a manner consistent with all laws and regulations governing election procedures and to ensure free and fair elections throughout the entire country, including preventing activities aimed at undermining the free exercise of political rights;
Whereas a genuinely free and fair election requires a period of political campaigning conducted in an environment in which neither administrative action nor violence, intimidation, or detention hinder the parties, political associations, and the candidates from presenting their views and qualifications to the citizenry, including organizing supporters, conducting public meetings and events throughout the country, and enjoying unimpeded access to television, radio, print, and Internet media on a non-discriminatory basis;
Whereas a genuinely free and fair election requires that citizens be guaranteed the right and effective opportunity to exercise their civil and political rights, including the right to vote and the right to seek and acquire information upon which to make an informed vote, free from intimidation, undue influence, attempts at vote buying, threats of political retribution, or other forms of coercion by national or local authorities or others;
Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates and political parties enjoy equal treatment before the law and that government resources are not employed to the advantage of individual candidates or political parties;
Whereas a genuinely free and fair election requires the full transparency of laws and regulations governing elections, multiparty representation on election commissions, and unobstructed access by candidates, political parties, and domestic and international observers to all election procedures, including voting and vote-counting in all areas of the country;
Whereas increasing control and manipulation of the media by national and local officials and others acting at their behest raise grave concerns regarding the commitment of the Ukrainian authorities to free and fair elections;
Whereas efforts by the national authorities to limit access to international broadcasting, including Radio Liberty and the Voice of America, represent an unacceptable infringement on the right of the Ukrainian people to independent information;
Whereas efforts by national and local officials and others acting at their behest to impose obstacles to free assembly, free speech, and a free and fair political campaign have taken place in Donetsk, Sumy, and elsewhere in Ukraine without condemnation or remedial action by the Ukrainian Government;
Whereas numerous substantial irregularities have taken place in recent Ukrainian parliamentary by-elections in the Donetsk region and in mayoral elections in Mukacheve, Romny, and Krasniy Luch; and
Whereas the intimidation and violence during the April 18, 2004, mayoral election in Mukacheve, Ukraine, represent a deliberate attack on the democratic process: Now, therefore, be it
Resolved, That the Senate--
(1) acknowledges and welcomes the strong relationship formed between the United States and Ukraine since the restoration of Ukraine's independence in 1991;
(2) recognizes that a precondition for the full integration of Ukraine into the Western community of nations, including as an equal member in institutions such as the North Atlantic Treaty Organization (NATO), is its establishment of a genuinely democratic political system;
(3) expresses its strong and continuing support for the efforts of the Ukrainian people to establish a full democracy, the rule of law, and respect for human rights in Ukraine;
(4) urges the Government of Ukraine to guarantee freedom of association and assembly, including the right of candidates, members of political parties, and others to freely assemble, to organize and conduct public events, and to exercise these and other rights free from intimidation or harassment by local or national officials or others acting at their behest;
(5) urges the Government of Ukraine to meet its Organization for Security and Cooperation in Europe (OSCE) commitments on democratic elections and to address issues previously identified by the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE in its final reports on the 2002 parliamentary elections and the 1999 presidential elections, such as illegal interference by public authorities in the campaign and a high degree of bias in the media;
(6) urges the Ukrainian authorities to ensure--
(A) the full transparency of election procedures before, during, and after the 2004 presidential elections;
(B) free access for Ukrainian and international election observers;
(C) multiparty representation on all election commissions;
(D) unimpeded access by all parties and candidates to print, radio, television, and Internet media on a non-discriminatory basis;
(E) freedom of candidates, members of opposition parties, and independent media organizations from intimidation or harassment by government officials at all levels via selective tax audits and other regulatory procedures, and in the case of media, license revocations and libel suits, among other measures;
(F) a transparent process for complaint and appeals through electoral commissions and within the court system that provides timely and effective remedies; and
(G) vigorous prosecution of any individual or organization responsible for violations of election laws or regulations, including the application of appropriate administrative or criminal penalties;
(7) further calls upon the Government of Ukraine to guarantee election monitors from the ODIHR, other participating States of the OSCE, Ukrainian political parties, candidates' representatives, nongovernmental organizations, and other private institutions and organizations, both foreign and domestic, unobstructed access to all aspects of the election process, including unimpeded access to public campaign events, candidates, news media, voting, and post-election tabulation of results and processing of election challenges and complaints; and
(8) pledges its enduring support and assistance to the Ukrainian people's establishment of a fully free and open democratic system, their creation of a prosperous free market economy, their establishment of a secure independence and freedom from coercion, and their country's assumption of its rightful place as a full and equal member of the Western community of democracies.