International Day to End Impunity for Crimes against JournalistsThursday, November 02, 2017
By Jordan Warlick, Staff Associate and Olivia Leggieri, Intern November 2, 2017, marks the fourth International Day to End Impunity for Crimes against Journalists since the United Nations General Assembly’s resolution in December 2013. The UN chose this date in November to commemorate the assassination of two French journalists who were murdered while on assignment in Mali. This day serves as a reminder of the obligation of nations to take urgent measures to protect journalists and media workers and to bring the perpetrators of such targeted violence to justice. Currently, only one in ten cases committed against journalists worldwide ends in a conviction; since 1992, 695 journalists have been murdered with impunity in connection with their work. The assassination of Russian journalist Natalya Estemirova in 2009 illustrates these cases of impunity. Estemirova was a courageous investigative reporter who covered government atrocities in the Chechen Republic of the Russian Federation, particularly after Vladimir Putin launched the second Chechen war in 1999 in response to a series of apartment bombings. In 2006, she visited the Helsinki Commission to discuss her findings regarding human rights violations by Chechen authorities. At the meeting, she also expressed concern about the rising justification for the use of torture as a tool of counterterrorism in many countries, observing, “You cannot protect the law using illegal methods.” Estemirova was abducted in Grozny, the capital of Chechnya, on the morning of July 15, 2009, and found murdered in Ingushetia later that day. She was the fifth Novaya Gazeta journalist killed since 2000; to this day no one has been held responsible for her murder. At the time of her assassination, she was 51 years old and left behind a 15-year-old daughter. Then-Helsinki Commission Chairman Senator Ben Cardin, Co-Chairman Congressman Alcee Hastings, and Ranking Members Senator Sam Brownback and Congressman Chris Smith condemned her murder. Chairman Cardin stated, “Murder and intimidation of activists and journalists is both a serious violation of human rights and an affront to any democracy.” On the one-year anniversary of Estemirova’s murder, then-Co-Chairman Representative Alcee Hastings introduced a resolution in the House of Representatives to express solidarity with human rights defenders in the Russian Federation. The resolution called for an end to impunity for those responsible for such acts through the conduct of timely, transparent and thorough criminal investigations into the unresolved murders of human rights defenders, journalists, and political opposition members and the prosecution of all of those responsible for these crimes. Chechen nationalists have also targeted Russian journalist Karina Orlova, who participated in a recent Helsinki Commission briefing on systematic violence against journalists in Russia and other OSCE participating States in the region. These threats ultimately led her to flee Russia and become a correspondent for Radio Echo of Moscow in Washington, D.C. She emphasized that attacks such as the ones she received force journalists to self-censor, but vowed to never do so herself. Ruthless regimes do not have to kill every independent, critical, investigative journalist, just enough so that others will get the message and fall silent or leave. Violent attacks against journalists are often preceded by government-sanctioned or led smear campaigns and other forms of harassment. Participating States of OSCE are committed to protecting the freedom of the media and improving working conditions for journalists. However, violence against journalists in OSCE participating States signals a lack of compliance with the Helsinki Accords, and further, the need to bring justice to those attempting to silence the independent press.
Organization Profile: Forum 18Friday, October 27, 2017
The Helsinki Final Act of 1975 recognizes religious freedom as a “human right and fundamental freedom.” Participating States of the OSCE “will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” The Helsinki Commission promotes and defends the religious freedom of people in the OSCE region, particularly prioritizing the cases of individuals and communities whose religious freedom has been violated and laws and policies that conflict with the Helsinki Final Act. Forum 18 is a news organization dedicated to reporting on violations of religious freedom in several OSCE participating States, including in Central Asia and the South Caucasus; Russia; Belarus; and Turkey. Helsinki Commission Policy Advisor Nathaniel Hurd interviewed the editors of Forum 18 by email to learn more about their work and views about religious freedom in the countries they cover. According to the editors, “The mission of Forum 18 is to provide original, reliable and detailed monitoring and analyses of threats and actions against the freedom of religion and belief of all people, whatever their religion or belief (including atheism and agnosticism), in an objective, truthful and timely manner.” Violations of Religious Freedom in the Former Soviet Union Forum 18 focuses its work on the states of the former Soviet Union, which the organization considers the worst violators of freedom of religion in the region. “The worst violators of freedom of religion and belief in the territories Forum 18 monitors – governments – target anyone and any religious community they see as actually or potentially outside their control,” the editors noted. “Azerbaijan, for example, claims to be ‘an example of tolerance’ yet has repeatedly closed Sunni Muslim mosques. A 2014 police list of banned books [in Azerbaijan] includes Islamic texts by theologian Said Nursi, Jehovah's Witness texts, and the Old Testament or Hebrew Bible used by Christians and Jews. Police have long confiscated these texts and others during raids on Muslim, Jehovah’s Witness, and Baptist private homes and meetings of people exercising their right to freedom of religion or belief. There are many prisoners of conscience, especially human rights defenders and journalists. On July 3, 2017 Shia Imam Sardar Babayev was jailed for three years for leading mosque prayers because he was educated abroad.” “The reality of freedom of religion and belief violations by governments in these territories and the necessity of documenting them is why we were founded,” noting that they work to protect the freedom of everyone whatever their religion or belief (including atheism and agnosticism). “Our founders and staff were and are totally convinced as a matter of Christian conviction that everyone with no exceptions – including people who would completely disagree with the Christian faith – must…be able to freely exercise the freedom of religion and belief, and related rights such as the freedoms of expression, association and assembly…Our personal experience in the territories we monitor and other states (such as the former East Germany), as well as our own convictions, make us committed to Forum 18’s work of monitoring and analyzing governments’ violations of their international human rights law obligations.” In addition to its work on Azerbaijan, Forum 18 is also focusing on Uzbekistan’s raids, fines, jailing, and torture of Muslims, Protestants, and Jehovah’s Witnesses, as well as the increasing number of prisoners of conscience being jailed in Kazakhstan for exercising freedom of religion and belief, including alleged adherents of Muslim missionary movement Tabligh Jamaat, Jehovah’s Witness Teymur Akhmedov, and Seventh-day Adventist Yklas Kabduakasov. Kazakhstan has also banned all mosques outside state control; expressions of non-Sunni Hanafi Islam; and discussion of faith by people without state permission, or not using state-approved texts, or outside state-approved locations. Kazakhstan’s persecution of atheist writer Aleksandr Kharlamov is also of concern. In Russia, Forum 18 actively monitors the government’s “anti-extremist” nationwide ban on Jehovah’s Witnesses, as well as “anti-extremist” prosecutions, fines and jailing of Muslims and Jehovah’s Witnesses, including cases like that of Muslim Yevgeny Kim, who in in June 2017 was sentenced to three years in prison. Forum 18 is also concerned about nationwide religious literature bans, with the possessors of such texts being liable to criminal prosecution. Accuracy and Objectivity Are Key “Our overriding editorial objective is to as accurately as possible present the truth of a situation, both implicitly and explicitly,” note the editors of Forum 18. “It is vitally important that we cross-check information with local people, including religious communities and other human rights defender organizations where these exist. It is equally vital that in our published articles we carry the views of local people and human rights organizations – this enables local people to make their views on human rights violations known.” “Similarly, we always seek the comments of relevant officials, such as public prosecutors, police and secret police officials, within the country being written about,” they continued. “Every article we publish includes information on all the sources used, even if some have to be described as remaining anonymous for fear of state reprisals.” According to Forum 18, the organization’s efforts have resulted in “significant respect and usage among victims of human rights violations, human rights defenders (including journalists), diplomats, intergovernmental organizations, academics and others.” “Accuracy is in itself an effective advocacy for human rights by countering with accurate information the false information presented by repressive regimes, who often seek to conceal their human rights violations,” the editors said. The Worst of the Worst? When asked which of the countries Forum 18 monitors should be considered the “worst of the worst,” the editors noted that developing such a ranking is difficult. “Territories where serious…violations take place are places where people have a strong incentive to not discuss the state’s violations, for fear of state reprisals, making any reliable ranking of territories difficult,” they observed. “Because in all the territories Forum 18 monitors governments violate individuals’, informal groups’, and communities’ freedom of religion and belief apparently as part of a declared or undeclared policies of increasing state control of society – even in states such as Georgia in the south Caucasus – we think it is best for readers to judge for themselves which countries are the worst violators of freedom of religion or belief at any one time,” the editors added. Similarly, Forum 18 finds it difficult to rank the individual cases monitored by the organization. “In our view, each one of these cases where a government has violated an individual’s or group’s freedom of religion and belief can fairly be described as compelling. We think this view is reinforced by the individual cases being part of a much broader pattern of intentional, systemic government violations of the human rights of everyone they rule.” One case Forum 18 has followed close is that of Protestant Pastor Bakhrom Kholmatov in Tajikistan, who was jailed for three years for allegedly “singing extremist songs in church and so inciting ‘religious hatred.’” The regime has threatened family members, friends, and church members with reprisals if they reveal any details of the case, trial, or jailing. Cooperation is Key Cooperation is vital to the Forum 18 approach. “Cooperation in defense of human rights for all is both right in principle and more effective than competition,” the Forum 18 editors argue. “It is important to cooperate with others – including in our case providing accurate information – to help responses to violations of freedom of religion and belief and interlinked other fundamental freedoms to be as effective as possible. Our work with victims of freedom of religion and belief violations and other human rights defenders convinces us that this approach is the right one to follow.” Twitter: @Forum_18 Facebook: @Forum18NewsService
Corruption in Russia: An OverviewMonday, October 23, 2017
Endemic corruption is a defining characteristic of the Putin regime. While the president is the prime beneficiary, cronies maintain this system of corruption. These loyal supporters are necessary for Putin to ensure the status quo and they often pursue the government’s illicit interests, which it cannot fulfill itself. This publication presents a succinct overview of the systemic corruption present in Russia. Unlike corrupt systems where oligarchs rule and compete with one another over power and wealth, Russia has developed a top-down structure of corruption, where the political and business success of elites is dependent almost entirely upon their relationship to the President. Although these elites continue to be called “oligarchs,” it is no longer appropriate to think of them as such. Rather, they ought to be thought of as “cronies.” Download the full report to learn more. Contributors: Paul Massaro, Policy Advisor, Michael Newton, Intern, and Amelia Rausing, Intern
in the news
Corruption CurrentsMonday, October 23, 2017
A daily roundup of corruption news from across the Web. We also provide a daily roundup of important risk & compliance stories via our daily newsletter, The Morning Risk Report, which readers can sign up for here. Follow us on Twitter at @WSJRisk. Bribery: A bribery case in Russia involving the country’s elite is causing a stir in the Kremlin. (NY Times) The question of what constitutes bribery is trickier than it seems. (Washington Post, GAB) The NCAA bribery scandal claimed more scalps. (AP, ESPN, 24) Cybercrime: The Dark Web’s most notorious thief was doxed. (Daily Beast) The hack of Equifax is leading to calls to change the credit-reporting industry. (NPR) Fraud: A federal judge postponed a Texas lawmaker’s fraud trial. (mySA) Money Laundering: Canadian authorities laid charges against a money-transfer firm in a case of alleged drug-linked money laundering. The firm didn’t respond to a request for comment. (Vancouver Sun) A guilty plea to a structuring charge, in which he made transactions of a certain size to avoid regulators, killed a man’s business and his wife, and the IRS won’t return his money. (Washington Post) The son of Thailand’s former premier blasted authorities for releasing photos of him answering questions about money-laundering allegations. (Bangkok Post, Reuters, Bangkok Post) Indian authorities continue bringing money-laundering cases. (Express, Telegraph) Sanctions: The U.S. State Department revoked the visa of Bill Browder after Russia sought an Interpol notice for his arrest in the death of Sergei Magnitsky. Mr. Magnitsky, however, died in Russian police custody after reporting a tax fraud while working for Mr. Browder; his death led the U.S. to pass the Magnitsky Act. (Newsweek, NPR, euronews, NY Times, Channel4) Iran’s president is cutting back on the Revolutionary Guard Corps’ power amid sanctions. Did President Donald Trump preserve the status quo on the Iran deal? (NY Times, Platts) Turkey’s banking regulator dismissed reports that the country’s financial institutions face fines for violating U.S. sanctions on Iran. (Reuters) Switzerland implemented a series of sanctions on North Korea. (Swissinfo) Terrorism Finance: Can bankers fight terrorism? (Foreign Affairs) Transparency: Panama Papers: Malta offered a $1.18 million reward for information on the person who killed a reporter investigating the leak. The EU ended its inquiry into the leak. (AP, WNYC, EuroNews) Whistleblowers: A U.K. judge sued to be included as a class of whistleblowers. (Guardian) General Anti-Corruption: The U.S. is seeking to seize assets it said were looted from disaster relief in the Philippines and placed in California. (OCWeekly) China’s anti-graft czar is about to leave the agency as Beijing puts new laws in place. The country banned its notorious interrogation technique as part of the reforms. (SCMP, SCMP, Reuters) Officials: Slovakia jailed government ministers for corruption for the first time. A fugitive former Mexican state official allegedly stole cows bought with government funds. (Bloomberg, BBC) A South African corruption investigation continues. U.K. banks were exposed, regulators say. (Guardian, Fin24, TimesLive, BBC) The Helsinki Commission fights kleptocracy. (KI) U.S. investigations into Russian meddling in the U.S. election continue, as Mr. Trump pledged to pay staffers’ legal bills. (NBC, NY Times, Washington Post) Taekwondo generated the most corruption complaints in Korean sports. (Korea Herald)
Helsinki Commission Policy Advisor Discusses Kleptocracy at Hudson Institute EventTuesday, October 17, 2017
On October 11, 2017, U.S. Helsinki Commission anti-corruption policy advisor Paul Massaro joined experts including Ilya Zaslavskiy of the Free Russia Foundation; Jeffrey Gedmin of Georgetown University’s School of Foreign Service; David Kramer of Florida International University’s Green School for International and Public Affairs; Louise Shelley of the Terrorism, Transnational Crime and Corruption Center at George Mason University; Sarah Chayes of the Carnegie Endowment of International Peace; and Ambassador Richard D. Kauzlarich of the Center for Energy Science and Policy to discuss the threat that kleptocratic regimes pose to the United States and its allies. The public seminar was hosted by the Hudson Institute and was moderated by Charles Davidson, the Executive Director of the Institute’s Kleptocracy Initiative. A recent report by Zaslavskiy, “How Non-State Actors Export Kleptocratic Norms to the West,” was the focal point of the event, which was designed to explore the nature and mechanisms of kleptocracy and strategies Washington can employ to combat it. During the discussion, the panelists stressed the threat kleptocracy poses to global democracy; described the extent to which it is entrenched in authoritarian societies; and explained how the silence of our institutions enables this system to perpetuate itself. Though kleptocrats benefit from criminal activity, their exploitation of legitimate financial and legal institutions insulates them. Furthermore, the panel noted the dual nature of the environment in which corruption thrives; it not only finds fertile ground in states with a legacy of autocracy, but also in cultures of acquiescence and complicity. Discrediting such public indifference is among the most severe challenges Western institutions face, but it is one that must be addressed in order to successfully combat kleptocracy. In his remarks, Massaro outlined the avaricious and cruel nature of kleptocracy and the grave threat it poses to democracy and the rule of law. He characterized the fight against kleptocracy as an ideological struggle between corruption and the rule of law, and strongly reaffirmed the Helsinki Commission’s resolve to counter global corruption in all its forms. As Massaro explained, “On the Hill, we [the Helsinki Commission] have become the primary forum for discussion of the topic and we will continue to work to expose the severity of kleptocratic practices.” He commended his fellow panelists on their committed work to combat corruption and challenge kleptocratic norms and reaffirmed the Commission’s aim to work collaboratively with other organizations to recognize and meet this challenge.
The Internal EnemyMonday, October 16, 2017
Ukraine’s struggle with corruption has prevented it from becoming a full, prosperous democracy and hinders its ability to respond effectively to Russian violations of its sovereignty. This Helsinki Commission staff report examines why corruption has been so persistent in Ukraine. It provides a historical analysis of corruption in Ukraine from its break with the Soviet system to today, reviewing the current state of reforms and providing recommendations in context. The resilience and influence of Ukraine’s oligarchs are at the heart of the country’s persistent corruption. Oligarchs have captured the Ukrainian state, crowding out non-corrupt political parties and competing with one another to steal Ukraine’s wealth. They are not so much businesspeople as courtiers, who transform political and personal connections into monopolies supported by the state. Two phenomena in particular have given rise to this system of oligarchic competition: (1) the lack of reforms in the early years of independent Ukraine, which resulted in incomplete economic liberalization, and (2) gas arbitrage, which has been uniquely devastating to reform attempts due to building so many oligarchic fortunes and providing a backdoor for Russia to influence Ukrainian politics for decades. Today’s Ukraine has implemented many important reforms that have helped to counter corruption, specifically in energy, finance, and economics. However, judicial reforms continue to lag behind. Commentators have observed that progress has slowed and frustration among civil society and the international community has increased. This report recommends that Ukraine move forward with remaining reforms, supported by both civil society and the international community. Most important is that Ukraine not allow backsliding to occur. Ultimately, the oligarchs must be transformed from courtiers into entrepreneurs and businesspeople so as to finally end the pervasive institutionalized corruption. An empowered Ukrainian civil society—including independent media—will be paramount to such reforms, and has proven time and again that it is world class in its engagement. Key here is to condemn any attempt to hinder or harm civil society. The report makes numerous recommendations by sector, with an emphasis on the importance of reforming the judiciary. In particular, Ukraine should establish an anticorruption court as soon as possible, so as to provide the final necessary piece of Ukraine’s anticorruption architecture. Additional reform areas discussed include the safeguarding and further empowering of the anticorruption architecture; implementing privatization and additional regulatory and corporate governance reform as the next step for energy sector reform; pursuing consolidation and transparency as ideas for banking sector reform; and limiting parliamentary immunity. This report also discusses greater e-government and press freedom as mechanisms to empower Ukrainian civil society, including independent media, to monitor the reform process and prevent backsliding. Finally, it encourages the international community to continue its support for Ukraine and dig in for the long haul. Download the full report. This report was drafted by Helsinki Commission staff. Paul Massaro, Policy Advisor, served as lead author.
Helsinki Commission Advisor Discusses ZAPAD 2017Tuesday, October 10, 2017
On September 27, 2017, Helsinki Commission Global Security and Political-Military Affairs Advisor Alex Tiersky joined Ambassador Kurt Volker, Dr. Stephen Blank, and Ambassador Eitvydas Bajarunas at a public seminar to discuss the execution, outcomes and aftermath of Russia’s large-scale ZAPAD 2017 military exercise. Hosted by the Central and East European Coalition, Russia on NATO’s Doorstep: The West's Response to the Kremlin's Wargames was moderated by Dr. Mamuka Tsereteli. During the discussion, Tiersky shared his experience as one of only two American officials who was invited by the Belarusian government (who partnered with Russia for the joint military exercise) to be present for the conclusion of ZAPAD 2017. Tiersky commended the Belarusian government for offering the Distinguished Visitors program that he participated in along with representatives of the OSCE, the Red Cross and NATO, as well as defense attachés from various countries. The program included an extensive briefing on the aims, parameters, and intent behind the exercise, as well as an opportunity to witness an impressive live-fire demonstration at the Borisov training ground. Belarusian briefers underlined that the aim of the program was to offer as much transparency as possible; the exercise was purely defensive in nature and neighboring countries had nothing to fear, Tiersky was told. However, Tiersky added, the program offered by Belarusian authorities – while commendable – fell short of fulfilling the spirit of commitments to military transparency under the Vienna Document, which would have provided a greater opportunity for evaluating the exercise's scale and scope through broader participation by OSCE participating states and more intrusive inspection measures. While impressive and worthwhile, the distinguished visitors program was thus not in itself sufficient to draw broad conclusions about ZAPAD, according to Tiersky. Tiersky concluded by describing how ZAPAD did little to assuage broader concerns related to Russian unwillingness to fulfill its commitments to military transparency, including under the Vienna Document (through for example its increasing use of snap exercises), as well as Russian violations of various arms control measures that have been essential contributors to peace and security in Europe for decades.
Systematic Attacks on Journalists in Russia and Other Post-Soviet StatesWednesday, October 04, 2017
Representative Steve Chabot, Co-Chair of the House Freedom of the Press Caucus, opened the briefing with a statement highlighting the importance of a free and independent press in Russia and Eastern Europe, saying that it was more important now than ever to counter an increasingly bold Vladimir Putin and the spread of Kremlin-backed media. The Congressman affirmed support for the Broadcasting Board of Governors and how their work helps foster a greater independent press in the region. Jordan Warlick, U.S. Helsinki Commission staffer responsible for freedom of the media, introduced the panelists: Thomas Kent, President of Radio Free Europe/Radio Liberty (RFE/RL); Amanda Bennett, Director of Voice of America (VOA); Nina Ognianova, Coordinator for Europe and Central Asia at the Committee to Protect Journalists; and Karina Orlova, Washington correspondent for Echo of Moscow. Thomas Kent summarized the work and reach of RFE/RL in Russia and the former Soviet Union. He outlined the pressures that RFE/RL journalists face in the region covering the issues that matter to local people. Kent described the plight of several RFE/RL journalists who have been either attacked or detained due to their work, including Mykola Semena in Russian-occupied Crimea and Mykhailo Tkach in Ukraine. He added that reporting on corruption is often the most likely cause for attacks on journalists and that social media has expanded the reach of journalists work in the region. Amanda Bennett discussed the work of Voice of America in the region and its efforts to expand freedom of speech in the region. She outlined the vast audience of VOA broadcasting and emphasized that the Russian government has directly attacked VOA reporters. Bennett stated that VOA’s mission in Russia and the former Soviet Union, as with other regions around the world, was not only to provide high quality content to the audience and journalists alike, but also help foster an independent media, free from harassment. Representative Adam Schiff, Co-Chair of the House Freedom of the Press Caucus, gave remarks about the importance of an independent media in the former Soviet Union. He noted that journalists are often the first to suffer a backlash from authorities, as they investigate and report on issues that regimes do not want to draw attention to. Representative Schiff told the panel that he, along with then-Congressman Mike Pence, reestablished the House Freedom of the Press Caucus not long before the murder of Russian journalist Anna Politkovskaya in 2006. He thanked the panelists for the work to not only highlight attacks and harassment against journalists in the region, but also their efforts to protect and assist them and to further press freedom. Nina Ognianova highlighted numerous cases that the Committee to Protect Journalists had worked on in recent months with specific discussion of the situations in Russia, Ukraine, Azerbaijan, and Kyrgyzstan. Ognianova detailed the case of the harassment and temporary flight of Russian reporter Elena Milashina following her work on the torture and murder of gay men in Chechnya. Also listed were the cases of Belarus-born journalist Pavel Sheremet, who was killed in a car bombing in Kyiv in July 2016, the abduction and detention of Azerbaijani journalist Afgan Mukhtarli for his investigation of President Ilham Aliyev’s assets in Georgia, and the concerning claims of slander against journalists by the Kyrgyz President Almazbek Atambayev. Providing the audience with a firsthand perspective, Karina Orlova described her decision to flee Russia due to her work as a journalist. Karina spoke of how her Radio Echo of Moscow talk show garnered unfavorable attention from Chechens, following discussion of the Charlie Hebdo attacks on 7 January, 2015, and the magazine’s depiction of the prophet Muhammad. Ramzan Kadyrov directly threatened her station and her editor, Alexey Venediktov, right after the show. She detailed threatening phone calls from self-described Chechens her that labeled her as an enemy of the state. Karina raised other incidents of violence and intimidation against journalists, such as the attack on Oleg Kashin, which was directly ordered by the Governor of Pskov, and a lack of action to bring the perpetrators to justice. She also spoke of censorship by the Russian authorities, particularly towards any journalists that refer to the annexation of Crimea. Karina emphasized that sanctions against the Russian state and elite are working, despite claims to the contrary. Although some journalists are unfortunately forced to self-censor due to safety concerns, Karina refuses to do so herself.
Combating Kleptocracy with Incorporation TransparencyTuesday, October 03, 2017
The world is locked in a struggle between the rule of law and corruption. On the one side are democratic governments that respect the rule of law; on the other, authoritarian regimes that steal with impunity and view the rule of law with disdain. Sadly, the former enables the latter by providing a safe haven for stolen assets. Once laundered, this ill-gotten money is used to finance crime and terrorism, corrupt public institutions, and fund criminals’ luxurious lifestyles. The OSCE, NGOs, and national governments have emphasized incorporation transparency as an effective way to combat global corruption. The EU has been at the forefront of this effort, enacting rules that require Member States to maintain registers of the beneficial owners of companies and other structures associated with laundering the proceeds of crime. This hearing examined the development of the EU’s beneficial ownership transparency provisions as well as the success of their implementation as relates to corruption as a vector for authoritarian influence in Europe. Witnesses also addressed transparency and anti-money laundering policies in the United States as they relate to U.S. foreign policy.
Witness to ZAPADMonday, October 02, 2017
For months, watchers of European security have focused unprecedented attention on one, singular scheduled event: ZAPAD 2017, a Joint Strategic Military Exercise conducted by Russia and Belarus from September 14 to September 20, 2017. The author, the political-military affairs advisor for the U.S. Helsinki Commission staff, attended the final phase of the exercise as a Distinguished Visitor at the invitation of the Government of Belarus. ZAPAD 2017, the most anticipated—and, in some quarters, feared—military exercise in recent memory concluded on September 20. The extensive maneuvers by Belarusian and Russian forces took place at a number of training ranges in Belarus and on nearby Russian territory and featured a broad range of military capabilities. The planned exercise was in some ways routine; it followed a well-known Russian schedule of readiness-enhancing exercises that rotates among Russia’s military districts on a quadrennial basis (“ZAPAD,” or “West,” takes place in the Western Military District). However, unlike previous exercises, ZAPAD 2017 took place in a strategic context now defined by Russian aggression in Ukraine and Georgia—incursions that were, according to western analysts, facilitated by Russian exercise activity. The Russian leadership's track record of aggression, dismissiveness towards transparency, and geopolitical unpredictability understandably put its neighbors to the west on edge. These countries have seen prior Russian exercises serve as cover for force build-ups that enabled, for instance, the illegal attempted annexation of Crimea. Leading officials ranging from Baltic defense ministers, to the Ukrainian President, to the Secretary General of NATO raised concerns about what ZAPAD 2017 might mean for the security of Belarus' neighbors, both before the exercise and during its execution. Download the full report to learn more. Contributors: Alex Tiersky, Senior Policy Advisor
Helsinki Commission Announces Hearing On Combating KleptocracyWednesday, September 27, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: COMBATING KLEPTOCRACY WITH INCORPORATION TRANSPARENCY Tuesday, October 3, 2017 2:30 PM Dirksen Senate Office Building Room 562 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce100317 The world is locked in a struggle between the rule of law and corruption. On the one side are democratic governments that respect the rule of law; on the other, authoritarian regimes that steal with impunity and view the rule of law with disdain. Sadly, the former enables the latter by providing a safe haven for stolen assets. Once laundered, this ill-gotten money is used to finance crime and terrorism, corrupt public institutions, and fund criminals’ luxurious lifestyles. The OSCE, NGOs, and national governments have emphasized incorporation transparency as an effective way to combat global corruption. The EU has been at the forefront of this effort, enacting rules that require Member States to maintain registers of the beneficial owners of companies and other structures associated with laundering the proceeds of crime. This hearing will examine the development of the EU’s beneficial ownership transparency provisions as well as the success of their implementation as relates to corruption as a vector for authoritarian influence in Europe. Witnesses will also address transparency and anti-money laundering policies in the United States as they relate to U.S. foreign policy. The following witnesses are scheduled to testify: Charles Davidson, Executive Director, Kleptocracy Initiative, Hudson Institute Pat O’Carroll, Executive Director, Federal Law Enforcement Officers Association Caroline Vicini, Deputy Head of Delegation, Delegation of the European Union to the United States Gary Kalman, Executive Director, FACT Coalition
Helsinki Commission, House Freedom of the Press Caucus to Hold Briefing on Attacks on Journalists in Russia, Post-Soviet StatesWednesday, September 27, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the House Freedom of the Press Caucus today announced the following joint briefing: “SYSTEMATIC ATTACKS ON JOURNALISTS IN RUSSIA AND OTHER POST-SOVIET STATES” Wednesday, October 4, 2017 3:00 PM Senate Visitors Center SVC-208 Live Webcast: www.facebook.com/HelsinkiCommission A free press is an essential pillar of democracy, keeping governments accountable and citizens informed. Autocratic regimes seek to intimidate and silence the press by systematically targeting journalists. A muzzled independent media is powerless to prevent the domination of the state-driven news narrative and public misinformation. Today, journalists in Russia and post-Soviet states risk intimidation, harassment, arrest, and even murder for their work. Those who criticize the government or investigate sensitive issues like corruption do so at their own peril. More often than not, cases remain unresolved and victims and families do not see justice. This briefing will address key questions regarding journalists in Russia and other post-Soviet states: their important role and impact; concerns over their rights, safety, and protection; and future support and promotion of media freedom in the Organization for Security and Cooperation in Europe (OSCE) region. Opening remarks will be provided by the Co-Chairs of the House Freedom of the Press Caucus: Rep. Adam Schiff (D-CA) Rep. Steve Chabot (R-OH) The following panelists are scheduled to speak: Thomas Kent, President and CEO, Radio Free Europe/Radio Liberty Amanda Bennett, Director, Voice of America Nina Ognianova, Europe and Central Asia Program Coordinator, Committee to Protect Journalists Karina Orlova, Washington DC Correspondent, Echo of Moscow
Human Rights and Democracy in RussiaWednesday, September 20, 2017
From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. The Russian Federation has adopted, by consensus, OSCE commitments relating to human rights and fundamental freedoms, free and fair elections, the rule of law, and independence of the judiciary. However, in many areas the Russian government is failing to live up to its commitments. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern
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At Forum, Experts Slam Russian 'Disinformation' Campaigns Aimed at WestFriday, September 15, 2017
WASHINGTON — The German Marshall Fund says it has documented Russian interference in the elections or political affairs of at least 27 countries since 2004, ranging from disinformation campaigns on Facebook, Twitter and other social media to cyber attacks. The Helsinki Commission held a hearing Thursday on Capitol Hill focusing on what it called the "scourge" of Russian disinformation conducted both at home and abroad. “Through its active measures campaign that includes aggressive interference in Western elections, Russia aims to sell fear, discord, and paralysis that undermines democratic institutions and weakens critical Western alliances such as NATO and the EU,” charged Republican Senator Corey Gardner. “Russia’s ultimate goal is to replace the Western-led world order of laws and institutions with an authoritarian-led order that recognizes only masters and vassals.” US election meddling Other experts agreed during a session in which few if any defenders of Russia were represented, reflecting the increasingly adversarial relationship between the two countries. Molly McKew of the communications consulting firm Fianna Strategies spoke with VOA about reports that Russia targeted U.S. voters on social media during last year's presidential election campaign. “I think even the Kremlin is surprised at how easy it is to use social media as an amplification tool for the kind of narrative that they do,” she said. McKew said opinion polls show most Americans do not believe disinformation could work on them. But she says the Russian government uses marketing and basic psychology to influence people to vote for a certain person or to stay at home on election day. In an era when many get their own personalized news feeds on Facebook or Twitter, she said, people can be targeted individually with what she calls ads, smears or lies. RT, Sputnik broadcasts U.S. complaints of Russian disinformation have focused frequently on the broadcasts of the Moscow-backed RT television network and Sputnik news agency, which have denied they are spreading propaganda. When it was reported this week that the FBI recently questioned a former White House correspondent for Sputnik as part of an investigation into whether it is acting as an undeclared propaganda arm of the Kremlin, the news agency said in a statement: "We are more than happy to answer any questions the [Department of Justice] or the FBI might have. Sputnik is a news organization dedicated to accurate news reporting. Our journalists have won multiple media awards throughout the world. Any assertion that Sputnik is anything but a credible news outlet is false." However Broadcasting Board of Governors CEO John Lansing, who also spoke at the forum, agreed with others on the magnitude of the Russian threat and said the United States must counter Russian disinformation, but do so by with objective news and information. “The United States will not do propaganda,” said Lansing, whose agency oversees U.S.-funded broadcasting around the world. “And in fact we have a firewall protection, a legislative firewall that makes it impossible for the government to interfere with our independent editorial decision-making.” Lansing, who oversees the Voice of America and several other U.S. government-funded broadcasters, said he has seen a "global explosion of propaganda and lies," and that his agency is focused on getting accurate information to Russian speakers around the world. The forum was shown a promotional video for "Current Time," a Russian-language news network jointly operated by VOA and Radio Free Europe/Radio Liberty, which Lansing said, "helps viewers tell fact from fiction." "The Russian strategy seeks to destroy the very idea of an objective, verifiable set of facts," Lansing said. "The BBG is adapting to meet this challenge head on by offering audiences and alternatives to Russian disinformation in the form of objective, independent and professional news and information." Germany, France elections Melissa Hopper of Human Rights First said Germany appears set to fend off attempts by Russia to interfere in its elections later this month. She said Berlin acted early, after the U.S. election last November, to establish a government-wide task force to counteract Russian manipulation of social media. Hopper also said France was successful in thwarting Russian interference during its elections in April and May, with the French media agreeing not to cover information that came from cyber attacks. But she warned that Russia has quite an “arsenal” at its disposal, including a worldwide media program with an annual budget of more than $300 million. She said Russian online media “weaponizes” false media narratives, especially about minority populations such as immigrants or LGBT communities, which can lead to physical threats in the real world.
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The Daily 202Friday, September 15, 2017
...How can the United States combat the war of information that Russia is waging against the West? Lawmakers and witnesses at a U.S. Helsinki Commission hearing yesterday sought to examine Moscow’s propaganda efforts — both domestically and abroad — and questioned whether our country is any more prepared to stop a similar attack in the future. How can the United States combat the war of information that Russia is waging against the West? Lawmakers and witnesses at a U.S. Helsinki Commission hearing yesterday sought to examine Moscow’s propaganda efforts — both domestically and abroad — and questioned whether our country is any more prepared to stop a similar attack in the future. “In their weakness, the Kremlin bets big. So far, the gamble has paid off — because for years they have been strolling across an open battlefield,” testified Molly McKew, an information warfare expert. “To secure our information space, we need an integrated understanding of the threat, and an integrated set of measures that can be taken to counter it[.]” Here's what the experts recommend to stop similar attacks: A whole-of-government response, which includes reevaluating the role of U.S. military and counterintelligence actors to secure cyber space. “Our most experienced assets should not be boxed-out of defending the American people,” McKew said. More information. This includes telling Americans about Russian information operations, and what they aim to achieve. Stopping the bots, which robotically amplify information and articles based on an algorithm, since “the U.S. does not protect the free speech of computer programs,” said Human Right’s First Melissa Hooper, who specializes in Russian policy and human rights law. Hooper also stressed the need for creating an appeals process where consumers can contest instances of content removal “and receive quick and efficient redress.” “We cannot use the same means of information control as the Kremlin to secure our information space,” McKew said. “Our mirror-world version of Russian information control: not to control the internal information environment, but ensure its integrity; not to harden views, but to develop positive cognitive resistance efforts to build resilience in our population; not to argue that there ‘is no truth,’ but to promote the values and idea that we know matter.”
The Scourge of Russian DisinformationThursday, September 14, 2017
Russian disinformation is a grave transnational threat, facilitating unacceptable aggression by Russia both at home and across the 57-nation OSCE region. Russian disinformation helps support rampant violations of OSCE norms by the Putin regime, ranging from internal human rights abuses to military intervention in neighboring states to interference in elections in several countries. On Thursday, September 14, 2017, the U.S. Helsinki Commission held a hearing on Russian disinformation in the OSCE region. Sen. Cory Gardner (CO) presided over the hearing on behalf of Commission Chairman Sen. Robert Wicker (MS). Witnesses included Mr. John F. Lansing, CEO and Director of the Broadcasting Board of Governors; Ms. Molly McKew, CEO of Fianna Strategies; and Ms. Melissa Hooper, Director of Human Rights and Civil Society Programs at Human Rights First. In his opening statement, Sen. Gardner described the serious threat that Russian disinformation poses to the liberal international order, and underscored “how it undermines the security and human rights of people in the OSCE region.” Russia’s goal, he said, is “to sow fear, discord, and paralysis that undermines democratic institutions and weakens critical Western alliances such as NATO and the EU.” Ranking Member Sen. Ben Cardin (MD) highlighted the impact of Russian disinformation campaigns in Ukraine in conjunction with the recent invasions of Crimea and the Donbas. He also noted the extent of Russian efforts to influence the 2016 presidential election in the United States, and observed that such disinformation campaigns take advantage of our democratic institutions to advance Russia’s strategic agenda. Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) characterized Russia’s disinformation efforts as a part of a strategy of “hybrid war,” and emphasized the need for the United States and its allies to develop counter-disinformation strategies as part of a “hybrid defense.” Mr. Lansing, the first witness to testify, outlined the structure and scope of the BBG’s broadcasting operations, and the role it plays in countering disinformation abroad. “The Russian strategy seeks to destroy the very idea of an objective, verifiable set of facts,” he said. “The BBG is adapting to meet this challenge head on by offering audiences an alternative to Russian disinformation in the form of objective, independent, and professional news and information.” He also described the BBG’s recent expansion of programming in the Post-Soviet space, and its flagship Russian-language program "Current Time," launched in February 2017. In her testimony, Ms. McKew described Russia’s disinformation campaign as “the core component of a war being waged by the Russian state against the West, and against the United States in particular.” She noted, “These manipulations don’t create tendencies or traits in our societies. They elevate, exploit, and distort divides and grievances that already are present.” She also emphasized the need for a coordinated response from the United States Government and its allies, and proposed an increased role for the U.S. military in countering disinformation. Ms. Hooper reminded the Commission that, while Russian disinformation has taken center stage in recent U.S. policy debates, it is only one of many methods employed by the Russian government to advance its agenda. “It’s part of a coordinated effort to disrupt and attack liberal norms wherever the opportunity arises using economic influence, electoral disruption, [and] the weakening of multilateral institutions,” she said. She also discussed the upcoming German parliamentary elections, and the potential for disinformation to influence its outcome. She commended the German government’s efforts to warn the public about disinformation, but criticized recent legislation that would increase censorship on social media. In response to a question from Sen. Gardner, Ms. Hooper noted that countering disinformation requires more than fact-checking false claims, and emphasized the need for a strategy of proactive narrative communication. Rep. Gwen Moore (WI-04) concurred with Ms. McKew’s statement that, in order to combat the threat of Russian disinformation, it is necessary for the Administration and Congress to come to a consensus on the existence of Russian meddling in the 2016 campaign. Sen. Sheldon Whitehouse (RI) inquired about the potential for Russian influence in upcoming elections by means of anonymous campaign spending, and about the role that the international banking system plays in sustaining corruption in Russia and neighboring states. Rep. Smith and Sen. Jeanne Shaheen (NH) sought the witnesses’ opinions on the recent news that Russian state-owned networks RT and Sputnik are being investigated for possible violations of the Foreign Agents Registration Act (FARA). Ms. McKew spoke in favor of stricter enforcement of FARA, while Mr. Lansing responded that he has concerns about retaliatory restrictions on U.S.-funded media in Russia. “I believe that this disinformation is one of the biggest threats that our democracy faces today,” said Sen. Shaheen. “This is a threat to the foundations of American democracy. It has nothing to do with Republicans and Democrats.”
Democratic Elections in the OSCE RegionTuesday, September 12, 2017
From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. In the 1990 Copenhagen Document, the OSCE participating States adopted, by consensus, watershed commitments on free and fair elections. They stated that the participating States: “. . . solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: [ . . . ] — free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives; [ . . . ] — a clear separation between the State and political parties; in particular, political parties will not be merged with the State;” Accordingly, the participating States rejected the concept of a one-party state or “modified” democracy (e.g., communist- or socialist-democracy). In a summit held later that year, the OSCE Heads of State or Government declared, “We undertake to build, consolidate and strengthen democracy as the only system of government of our nations.” In spite of the OSCE commitment to hold free and fair elections, some OSCE participating States have demonstrated even more resistance—if not complete unwillingness—to hold free and fair elections. In a few, a transfer of power is more likely to be the result of death than an election. In some cases, a generation has come of age under a single ruler or ruling family. Download the full report to learn more. Download highlights of conclusions and recommendations drawn from OSCE election reports (October 2016 to September 2017). Contributors: Robert Hand, Senior Policy Advisor, Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE, Everett Price, Senior Policy Advisor, Scott Rauland, Senior State Department Advisor, Erika Schlager, Counsel for International Law, and John Engelken, Intern
Russian Disinformation Focus of Upcoming Helsinki Commission HearingThursday, September 07, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE SCOURGE OF RUSSIAN DISINFORMATION Thursday, September 14, 2017 9:30 AM Dirksen Senate Office Building Room 562 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce091417 Russian disinformation is a grave transnational threat, facilitating unacceptable aggression by Russia both at home and across the 57-nation OSCE region. Russian disinformation helps support rampant violations of OSCE norms by the Putin regime, ranging from internal human rights abuses to military intervention in neighboring states to interference in elections in several countries. The hearing will examine Russia’s efforts to spread disinformation, both domestically and abroad, as well as U.S. efforts to set the record straight with Russians, Ukrainians, and other speakers of Russian in the region. Witnesses will also discuss the effectiveness of U.S. counter-measures across a variety of platforms; whether resources available correspond to the threat; and whether coordination amongst key players within the U.S. Government at the Department of State, Department of Defense, and USAID, and with European partners is adequate. Finally, with German elections scheduled for September 24, one of the witnesses will highlight attempts by Russia to use NGOs and think tanks in Germany to try to influence the outcome. The following witnesses are scheduled to testify: John F. Lansing, Chief Executive Officer and Director, Broadcasting Board of Governors (BBG) Melissa Hooper, Director of Human Rights and Civil Society Programs, Human Rights First Molly McKew, CEO, Fianna Strategies
The 2017 Human Dimension Implementation Meeting: An OverviewFriday, August 18, 2017
Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma. Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.” This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.
Beyond Pipelines: Breaking Russia’s Grip on Post-Soviet Energy SecurityThursday, August 10, 2017
By Paul Massaro, Policy Advisor, and Andras Olah, Intern In 2007, the Helsinki Commission held a hearing titled “Pipeline Politics: Achieving Energy Security in the OSCE Region,” which focused on energy security in Post-Soviet Eastern Europe. The hearing took place in the wake of the first major Ukrainian-Russian gas dispute in 2006 that demonstrated not only the Kremlin’s willingness to use its energy resources as a weapon to meddle in its immediate neighbors’ domestic affairs, but also the extreme dependency of much of Europe on Russia’s energy supplies. At the time, experts and policymakers focused primarily on the enhancement of security of supply through the construction of new energy infrastructure, including pipelines, which would allow the diversification of energy imports of countries in the OSCE region. Ten years later, the energy landscape of the world fundamentally has changed. As Peter Doran, the Executive Vice President of the Center for European Policy Analysis (CEPA), stressed at a July 2017 Helsinki Commission briefing titled “Energy (In)security in Russia’s Periphery,” new energy infrastructure been built and the regulatory environment of the EU’s energy sector has significantly improved. At the same time, the shale gas revolution in the United States and the simultaneous development of a global liquid natural gas (LNG) market offers European gas consumers more alternative options to Russian gas imports than ever before. Most countries in Central and Eastern Europe have improved their energy security by the implementation of crucial reforms in their energy sectors. For example, in Ukraine, where for a long time “energy oligarchs” profiting from dodgy gas deals with Gazprom torpedoed any meaningful reform initiatives, a recent landmark decision has eliminated energy subsidies that have been a lucrative source of corruption for decades. However, Moscow has resisted surrendering its monopolistic market position and is fighting back through politically motivated energy projects designed to exploit the fault lines between European countries’ differing energy policies. The most important Kremlin-sponsored projects to date have been the planned Nord Stream 2 and TurkStream pipelines, which will carry gas to EU countries by circumventing Russia’s immediate post-Soviet neighbors. According to Doran, the Kremlin aims to end the role that neighbors like Ukraine, and to a lesser extent Moldova, currently play in the transit of gas to the EU through the Brotherhood and the Trans-Balkan pipelines. The success of Nord Stream 2 potentially could result in the loss of billions of dollars in transit revenues for Ukraine and Moldova, as well as diminishing their geopolitical importance for Europe, while subsequently enabling Russia to reassert its old influence over them by exploiting their diminished energy security. As a result of massive infrastructure projects promoted by the EU to develop reverse flow capacities on existing pipelines and create new interconnections, Ukraine is now capable of purchasing gas from a Western direction and, for the first time, since November 2015 has ceased buying gas contractually from Russia altogether. New pipeline infrastructure projects, namely the planned expansion of the Iaşi-Ungheni pipeline, as Lyndon Allin, Associate at Baker Mackenzie, pointed out at the same briefing, might enable Moldova in the medium-run as well to reduce its dependence on Russian gas that currently constitutes almost a 100% of its total gas consumption. Nevertheless, the effectiveness and profitability of these regional gas transit systems could be severely endangered once the transit of gas is diverted to other pipelines, potentially hampering the prospects of further gas infrastructure modernization, which is necessary for both countries to ensure their energy security. Moreover, as both ‘Stream projects’ would circumvent the region, Russian gas could become the only one that can be bought from the east as well as the west direction, strengthening Gazprom’s monopolistic market position in the region. While political leaders on both sides of the Atlantic have been pushing recently for the introduction of U.S. LNG to the region to serve as a new ‘external solution’ to the above mentioned challenges, as Edward Chow, Senior Fellow at the Center for Strategic and International Studies (CSIS), noted at the briefing, the main challenge for post-Soviet Eastern European countries remains an internal one. While the level of energy infrastructure might already be close to sufficient, the biggest problem for post-Soviet countries remains the underdeveloped nature of their energy sectors that lack harmonized and stable regulations, consistently-applied property rights, and transparency. Additionally, as Dr. Mamuka Tsereteli, Senior Fellow of the Central Asia – Caucasus Institute pointed out, energy security could not be achieved without high-levels of cross-border market integration, even if physical infrastructures are in place. The underdeveloped nature of post-Soviet Eastern European countries’ energy sectors has been having a severe impact on the energy security of those states, in particular of Ukraine, which could be easily self-sufficient—even without the import of U.S. LNG—in natural gas if private investment was not being discouraged by the opaque, uncompetitive, and corrupt nature of its energy sector. Once the right regulatory environment is established, Ukraine, for instance, could possess an immense gas transmission and storage infrastructure that, if properly upgraded, as well as connected to the energy networks of Central European countries, could lead to the establishment of a highly liquid East Central European gas trading hub with a spot-based gas trade. This could create increased energy security in the entire region by improving both the level of competition and the diversification of supplies. While the West could offer the countries of post-Soviet Eastern Europe, Ukraine and Moldova in particular, alternative energy sources (e.g. U.S. LNG), these should and could not serve as a substitute for structural reforms and capacity-building, which are ultimately necessary to achieve true energy security in the region.
Mr. Speaker, earlier today I introduced H.R. 6067, the Rodchenkov Anti-Doping Act (‘‘RADA’’) because in the realm of international sports, it has become almost commonplace for too many athletes to yield to the temptation of bridging the gap between their own skill and the pinnacle of athletic achievement by resorting to performance enhancing drugs.
And to conceal this fall from grace, cheaters are employing increasingly sophisticated modes of masking the use of any proscribed drugs.
This practice, some of it state-sanctioned, undermines international athletic competition and is often connected to more nefarious actions by state actors.
This is why it is necessary for Congress to enact H.R. 6067, the bipartisan Rodchenkov Anti-Doping Act (‘‘RADA’’ Act)
The legislation I have introduced is bipartisan, and bears the name of courageous whistleblower Dr. Grigory Rodchenkov, a valiant man who revealed the true extent of the complex state-run doping scheme which permitted Russia to excel in the 2014 Sochi Winter Olympics, and which resulted in its ban from the 2018 Olympic Games.
While he was complicit in Russia’s state-run doping program, Dr. Rodchenkov regrets his role and seeks to atone for it by aiding the effort to clean up international sports and to curb the rampant corruption within Russia.
The RADA Act is a serious step towards cracking down on the use of performance-enhancing drugs in major international competition because it establishes criminal penalties and civil remedies for doping fraud.
A number of other nations, including Germany, Austria, Belgium, Denmark, France, Italy, Sweden, Switzerland, and Spain, have embraced criminal sanctions for doping fraud violations and it is time for the United States to be added to this list.
Doping fraud in major international competitions—like the Olympics, the World Cup and the Tour de France—is often linked with corruption, bribery and money laundering.
It is not just victory that criminals engaged in doping fraud snatch away from clean athletes—athletes depend on prize money and sponsorships to sustain their livelihoods.
The United States has a large role to play in ferreting out corruption in international sports.
Not only do U.S. athletes lose out on millions in sponsorships, but when a U.S. company spends millions to create a marketing campaign around an athlete, only to have that athlete later implicated in a doping fraud scandal, the damage to that company’s brand can cost tens of millions.
This has been the story of Alysia Montaño, a U.S. runner who competed in the 2012 Summer Olympics games in London and placed fifth place in the 800 meters behind two Russian women finishing first and third.
These women were later found to have engaged in doping fraud by the World Anti-Doping Agency, meaning that Ms. Montaño had rightfully finished third, which would have earned her a bronze medal.
Ms. Montaño estimates that doping fraud cost her ‘maybe half a million dollars, if you look at rollovers and bonuses, and that’s without outside sponsorship maybe coming in.’
She adds, ‘That’s not why you’re doing it, but you still deserve it.’ She certainly does. Until now, defrauded U.S. athletes and companies have had little recourse against doping fraud.
A recent article published by The New York Times titled ‘‘U.S. Lawmakers Seek to Criminalize Doping in Global Competitions’’ references the RADA as a step in the right direction toward criminalizing doping in international sports.
The RADA is an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.
Mr. Speaker, I include in the RECORD the New York Times article published June 12, 2018 entitled ‘‘U.S. Lawmakers Seek To Criminalize Doping in Global Competitions’’, which cites RADA as a step in the right direction toward criminalizing doping in international sports.
[From the New York Times, June 12, 2018]
U.S. LAWMAKERS SEEK TO CRIMINALIZE DOPING IN GLOBAL COMPETITIONS (By Rebecca R. Ruiz)
United States lawmakers on Tuesday took a step toward criminalizing doping in international sports, introducing a bill in the House that would attach prison time to the use, manufacturing or distribution of performance-enhancing drugs in global competitions.
The legislation, inspired by the Russian doping scandal, would echo the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials to gain a business advantage. The statute would be the first of its kind with global reach, empowering American prosecutors to act on doping violations abroad, and to file fraud charges of a different variety than those the Justice Department brought against top international soccer officials in 2015.
Although American leagues like Major League Baseball would not be affected by the legislation, which would apply only to competitions among countries, it could apply to a league’s athletes when participating in global events like the Ryder Cup, the Davis Cup or the World Baseball Classic.
The law would establish America’s jurisdiction over international sports events, even those outside of the United States, if they include at least three other nations, with at least four American athletes participating or two American companies acting as sponsors. It would also enhance the ability of cheated athletes and corporate sponsors to seek damages, expanding the window of time during which civil lawsuits could be filed.
To justify the United States’ broader jurisdiction over global competitions, the House bill invokes the United States’ contribution to the World Anti-Doping Agency, the global regulator of drugs in sports. At $2.3 million, the United States’ annual contribution is the single largest of any nation. ‘‘Doping fraud in major international competitions also effectively defrauds the United States,’’ the bill states.
The lawmakers behind the bill were instrumental in the creation of the 2012 Magnitsky Act, which gave the government the right to freeze financial assets and impose visa restrictions on Russian nationals accused of serious human rights violations and corruption. On Tuesday, the lawmakers framed their interest in sports fraud around international relations and broader networks of crime that can accompany cheating.
‘‘Doping fraud is a crime in which big money, state assets and transnational criminals gain advantage and honest athletes and companies are defrauded,’’ said Sheila Jackson Lee, Democrat of Texas, who introduced the legislation on Tuesday. ‘‘This practice, some of it state-sanctioned, has the ability to undermine international relations, and is often connected to more nefarious actions by state actors.’’
Along with Ms. Jackson Lee, the bill was sponsored by two other Congressional representatives, Michael Burgess, Republican of Texas, and Gwen Moore, Democrat of Wisconsin.
It was put forward just as Russia prepares to host soccer’s World Cup, which starts Thursday. That sporting event will be the nation’s biggest since the 2014 Sochi Olympics, where one of the most elaborate doping ploys in history took place.
The bill, the Rodchenkov Anti-Doping Act, takes its name from Dr. Grigory Rodchenkov, the chemist who ran Russia’s antidoping laboratory for 10 years before he spoke out about the state-sponsored cheating he had helped carry out—most notoriously in Sochi. At those Games, Dr. Rodchenkov said, he concealed widespread drug use among Russia’s top Olympians by tampering with more than 100 urine samples with the help of Russia’s Federal Security Service.
Investigations commissioned by international sports regulators confirmed his account and concluded that Russia had cheated across competitions and years, tainting the performance of more than 1,000 athletes. In early 2017, American intelligence officials concluded that Russia’s meddling in the 2016 American election had been, in part, a form of retribution for the Olympic doping scandal, whose disclosures Russian officials blamed on the United States.
Nations including Germany, France, Italy, Kenya and Spain have established criminal penalties for sports doping perpetrated within their borders. Russia, too, passed a law in 2017 that made it a crime to assist or coerce doping, though no known charges have been brought under that law to date.
Under the proposed American law, criminal penalties for offenders would include a prison term of up to five years as well as fines that could stretch to $250,000 for individuals and $1 million for organizations.
‘‘We could have real change if people think they could actually go to jail for this,’’ said Jim Walden, a lawyer for Dr. Rodchenkov, who met with the lawmakers as they considered the issue in recent months. ‘‘I think it will have a meaningful impact on coaches and athletes if they realize they might not be able to travel outside of their country for fear of being arrested.’’
The legislation also authorizes civil actions for doping fraud, giving athletes who may have been cheated in competitions—as well as corporations acting as sponsors—the right to sue in federal court to recover damages from people who may have defrauded competitions.
Ms. Jackson Lee cited the American runner Alysia Montaño, who placed fifth in the 800 meters at the 2012 Summer Olympics. Two Russian women who placed first and third in that race were later disqualified for doping, elevating Ms. Montaño years later. ‘‘She had rightfully finished third, which would have earned her a bronze medal,’’ Ms. Jackson Lee said, noting the financial benefits and sponsorships Ms. Montaño could have captured.
The bill would establish a window of seven years for criminal actions and 10 years for civil lawsuits. It also seeks to protect whistle-blowers from retaliation, making it illegal to take ‘‘adverse action’’ against a person because he or she has disclosed information about doping fraud.
Dr. Rodchenkov, who has lived in the United States since fall 2015, has been criminally charged in Russia after he publicly deconstructed the cheating he said he carried out on orders from a state minister.
‘‘While he was complicit in Russia’s past bad acts, Dr. Rodchenkov regrets his past role in Russia’s state-run doping program and seeks to atone for it by aiding the effort to clean up international sports and to curb the corruption rampant in Russia,’’ Ms. Jackson Lee said, calling Tuesday’s bill ‘‘an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.’’