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Fulfilling our Promises: The United States and the Helsinki Final Act (1)
Thursday, November 01, 1979

The Commission has three main purposes in preparing this report. First, it hopes to demonstrate the good faith of the U.S. in assessing its Helsinki implementation record in light of criticisms from other CSCE countries and domestic critics. Second, the Commission hopes to stimulate honest implementation evaluations by other CSCE states and thus to lay the groundwork for real progress prior to the next review meeting at Madrid in 1980. Finally, the Commission hopes to encourage improved compliance by the United States. Although the Commission agrees with President Carter that the U.S. record is very good, additional discussion and interaction between responsible government agencies and interested private organizations in a necessary prerequisite to greater progress.

This report follows the structures of the Final Act by discussing, in order, each major section or "basket" of the Act. Basket I deals with questions relating to security in Europe which includes Human Rights; Basket II, economic and scientific cooperation; Basket III, cooperation in humanitarian and other fields.

Click to read Part 2.

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  • Russia's Swiss Enablers

    Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing examined the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists discussed how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. Related Information Panelist Biographies How the Swiss Law Enforcement Capitulated to the Russians in the Magnitsky Case - Bill Browder

  • Swiss Attacked for Going Easy on Seizing Russian Billions

    The $7.6 billion in Russian assets seized to date by Swiss authorities is “insulting,” outspoken Kremlin critic Bill Browder said at briefing on Russian money in Switzerland.  It’s “a lot of money in absolute terms but Switzerland is one of the main destinations for dirty Russian money,” said Browder. Given the Swiss Bankers Association has said there’s as much as 150 to 200 billion Swiss francs ($202 billion) in Russian assets in the country’s banks “I would almost say it’s slightly insulting,” he said.  Browder, who has also highlighted what he perceives to be Swiss prosecutors’ soft approach to investigating Russian financial crime, called on the U.S. to review its cooperation framework with its Swiss counterparts, during the hearing organized by the Commission on Security and Cooperation in Europe on Thursday. “Based on my experience, it would lead me to believe the Swiss are knowingly turning their head the other way when it comes to some of the other oligarchs,” said Browder. The Swiss government said a month ago it had blocked 7.5 billion Swiss francs ($8 billion) in Russian assets in the country to date, as it issues sanctions that mirror those imposed by the European Union on those seen as close to Vladimir Putin.  That figure represented a jump of 30% from their previous tally two weeks earlier and Swiss officials say the number will continue to rise as more assets hidden behind shell companies or in the names of associated are painstakingly uncovered.  Switzerland surprised the world in early March by departing from its tradition of neutrality and saying it would fully embrace the European Union measures against Russia.  But critics including Browder contend that the country needs to go much further. Read more: Swiss Hunt for Russian Wealth Criticized Despite $6 Billion Haul Erwin Bolliger, the chief of the Swiss Secretariat for Economic Affairs which is enforcing the sanctions, has tried to explain the gap by pointing out that are plenty of legitimately-held Russian investments in Switzerland. “There is merit in Bill’s suggestion to review the law enforcement relations between the U.S. and Switzerland,” said Mark Pieth, a law professor at the University of Basel and corruption expert, said at the hearing. Up until now, Switzerland’s approach to clamping down on dirty Russian money in the country has shown a “lack of courage,” Pieth said.

  • Russian War Crimes in Ukraine

    Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.”  The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice.   Related Information Witness Biographies  

  • Helsinki Commission Regrets Closure of OSCE Special Monitoring Mission to Ukraine

    WASHINGTON—On April 28, the OSCE announced that Russia had definitively forced the closure of the Special Monitoring Mission (SMM) to Ukraine, following its veto of the mission’s mandated activities as of April 1. In light of this announcement, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Moscow’s choice to force the closure of the OSCE Special Monitoring Mission to Ukraine is only its latest offense against the rules-based international order. The brave monitors and staff who served the mission, in place since 2014, did exactly what they were supposed to do. Despite continual harassment and under constant threat, they reported objectively on ceasefire violations, informing the international community about the brutal reality of Russia’s war against Ukraine. The monitors’ clear and continuous reporting allowed the world to draw its own conclusions about the roots of Russia’s aggression. Moscow’s move to force the mission to close only underlines its desire to hide this ugly fact. “As we commend the service of these brave monitors and condemn Russia’s obstruction, we renew our call on Moscow to immediately release all Ukrainian SMM staff members who have been detained in occupied parts of Ukraine. “We also mourn the recent loss of Maryna Fenina, a Ukrainian national serving with the SMM who was killed by Russia’s shelling in Kharkiv on March 1, and we will never forget American paramedic Joseph Stone, who was killed while serving in support of the mission when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine on April 23, 2017.” The SMM was established in 2014 as an unarmed, civilian mission and served as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. It operated under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.

  • Helsinki Commission Briefing to Examine Swiss Enabling of Russian Oligarchs

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance  

  • Helsinki Commission Digital Digest April 2022

  • Following in the Footsteps of Tsar Nicholas II

    As Vladimir Putin attempts to turn back the clock to the Russian Empire of the pre-Soviet era, he also adopts a tool of political manipulation used in Imperial Russia—fostering violent extremist organizations as a means to a political end. Tsar Nicholas II used this technique with terrorist organizations like the Union of the Russian People and the Black Hundreds, and Putin follows his example today with the Russian Imperial Movement and Imperial Legion. The Russian Imperial Movement Putin advances his political agenda by allowing the Russian Imperial Movement (RIM)—a white supremacist extremist organization based in St. Petersburg—to freely exist and operate in Russia and beyond. RIM holds ultranationalist and monarchist views and believes in two pillars of authority: the political power of the tsar and the spiritual power of the Russian Orthodox Church. The U.S. State Department labeled RIM a Specially Designated Global Terrorist entity in April of 2020, making them the first white supremacist extremist organization to receive the title. RIM received the designation due, in part, to their paramilitary training course, Partizan. The course—ostensibly teaching survival skills, marksmanship, and hand-to-hand combat—functions as RIM’s citizen-to-terrorist pipeline. Attendees have gone on to join RIM’s paramilitary unit, the Imperial Legion, and fight alongside pro-Russian separatists in Ukraine. And Russians are not the only ones enrolling. In 2016, two members of Sweden’s largest neo-Nazi organization, the Nordic Resistance Movement, bombed a café and a migrant center and attempted to bomb a refugee center in Gothenburg, Sweden. The subsequent investigation discovered that the bombers were trained at Partizan. RIM has attempted to broaden its network beyond Europe. American neo-Nazi Matthew Heimbach, former head of the Traditionalist Workers Party, met with RIM representatives, and RIM offered paramilitary training to organizers of the 2017 “Unite the Right” rally in Charlottesville, Virginia. There are also reports that members of the Imperial Legion fought in conflict areas in Syria and Libya. The Russian Imperial Movement is vocally anti-Putin, decrying him and his regime. Despite this criticism and RIM’s monarchist beliefs, Putin has been lenient toward the group and allows it to operate as long as its attention remains turned away from domestic politics. Though reinstatement of a tsar remains a foundational pillar of RIM’s doctrine, it is not their main selling point. Dr. Anna Kruglova, a lecturer in Terrorism Studies at the University of Salford, finds RIM’s large web following surprising “since the group has a relatively narrow agenda—monarchist ideas are not particularly popular in Russia as only 8 percent of Russian people would want monarchy restored, according to one poll.” RIM’s appeal for potential members and Putin himself lies in its vicious ethno-nationalism. RIM demands that Russia maintain influence over all territories where ethnic Russians reside, particularly in Ukraine. For instance, Partizan-trained Russians fought alongside pro-Russian separatists in Ukraine in 2014 as members of the Imperial Legion. In the words of Denis Gariev, an instructor at Partizan, “We see Ukrainian-ness as rabies. A person is sick. Either quarantine, liquidation, or he’ll infect everyone.” Putin also values RIM as a tool to sow discord in the West. RIM supports and collaborates with other white supremacist extremist organizations, even in the United States, and trains individuals like the Swedish NRM bombers. RIM is convenient for Putin: it poses no real threat as a monarchist organization yet benefits his attempts to colonize Ukraine and destabilize the West. The Union of the Russian People The Union of the Russian People (Soyuz russkovo naroda, or SRN) was a right-wing, fanatically anti-Semitic political movement active in the 1900s. They came to prominence in the wake of the Russo-Japanese war. After the Russian Empire’s devastating defeat, there was such discontent and domestic unrest that strikes and mutinies flooded the empire, forcing Tsar Nicholas II to enact constitutional reforms. This moment, known as the 1905 Revolution, left the Russian Empire shaken and greatly polarized. Fears that the imperial system would collapse led to a rise in reactionary extreme right-wing ideologies and groups, one of which was SRN. Members of SRN and its paramilitary branch, the Black Hundred, were fervent monarchists and bore the colors of the Romanov family—the reigning imperial dynasty in Russia from 1613 to 1917—as their insignia. They also had deep ideological connections with the Russian Orthodox Church and identified Jews as the source of all evil in Russia. From 1905 to 1906, the Black Hundred carried out relentless pogroms, killing hundreds of Jews across the Russian Empire. The ruling class at the time held mixed opinions on SRN, ranging from hesitance to fanaticism. Lower-ranking officials viewed the Black Hundred’s pogroms as a convenient way to keep Jewish and ethnic minority populations in their place. The tsar called them a “shining example of justice and order to all men.” SRN was a convenient political tool for the tsar. Tsar Nicholas II believed anti-Semitism united people behind the government, and that Jewish capitalism and Jewish socialism were revolutionary forces that threatened his regime. In this way, SRN and the Black Hundred, while too radical for many members of the Duma and the public, served the tsar’s political interests. Utilizing extremism as a political weapon is not a new tool in Russia’s repertoire. As Putin harkens back to a grand Imperial history and conducts brutal military invasions into former Soviet states, like Ukraine, and political invasions of others, like Belarus, he demands comparison to the power-grasping techniques of the past. As Tsar Nicholas II’s grip on power loosened with civil unrest in the Russian Empire, he supported extremism to preserve his regime. Putin repeats this pattern today as he lets the Russian Imperial Movement and the Imperial Legion train neo-Nazis to wreak havoc and terror in the West.

  • Helsinki Commission Leaders Condemn Detention of OSCE Officials by Russian-Led Forces in Ukraine

    WASHINGTON—Following the detention of four Ukrainian nationals serving as members of the OSCE Special Monitoring Mission in Russian-controlled areas of eastern Ukraine who reportedly were accused of illegal activities including treason and espionage, 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: “The targeting and detention of OSCE officials by Russian-controlled forces is utterly unacceptable. Those detained must be released immediately. We will hold Russian officials responsible for any mistreatment they suffer.” On April 24, the Organization for Security and Cooperation in Europe (OSCE) confirmed that four Ukrainian staff members of the OSCE Special Monitoring Mission to Ukraine (SMM) had been detained and held “for engaging in administrative activities that fall within their official functions as OSCE staff.”   The SMM had served a critical function as the eyes and ears of the international community in the conflict zone since 2014, until a Russian veto forced its mandated activities to cease on April 1. Since then, Ukrainian mission members had been carrying out minimum necessary administrative tasks focused on efforts to ensure the safety and security of its mission members, assets, and premises throughout Ukraine, including in Russian-controlled areas.

  • Helsinki Commission Urges OSCE PA to Adopt Ukrainian Declaration Recognizing Russia’s Actions as Genocide

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who serves as Head of the U.S. Delegation to the OSCE Parliamentary Assembly (PA), along with other Helsinki Commissioners who hold leadership roles in the commission and the OSCE PA, today released a letter urging the assembly to adopt a declaration by the parliament of Ukraine that recognizes Russia’s actions in Ukraine as genocide. Co-Chairman Cohen was joined in the letter to OSCE PA President Margareta Cederfelt by Chairman Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance; Senate Ranking Member Sen. Roger Wicker (MS), who serves as an OSCE PA vice-president; Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA Committee on Political Affairs and Security; and House Ranking Member Joe Wilson (SC-02). The letter read in part: “It is clear to us that Russian dictator Vladimir Putin and his military regime are engaging in acts of genocide against Ukraine and its people and we urge the OSCE PA to also endorse the Rada’s declaration and issue a similar statement. “We do not come to this conclusion lightly, and we recognize the importance of precision in employing such terminology. However, given the overwhelming evidence—from Putin and his regime’s many comments denying the existence of Ukrainian nationhood and the deliberate targeting of civilians, to the wholesale destruction of Mariupol, the mass graves that now pockmark Ukrainian lands, and reports of forced deportation of Ukrainian people including children to Russia where they are being indoctrinated in “reeducation camps” in attempts to destroy Ukrainian identity—we cannot be silent. The OSCE PA must raise its voice and speak with unity and unmitigated clarity about the unspeakable horrors that are unfolding in Ukraine and be truthful about what is happening there… “Given Russia’s disregard for the 10 Helsinki principles guiding relations between participating States, its manipulation of OSCE rules for its own destructive ends, and its encouragement of neighboring Belarus to be complicit in its war crimes and genocidal actions, the Parliamentary Assembly should make clear where we as a credible body stand. Russia’s horrific war of choice in Ukraine and this unfolding genocide must be described just as it is.” The full letter is available online.

  • Helsinki Commission Leaders Mourn the Death of Finnish Politician Ilkka Kanerva

    WASHINGTON—Following the death of Finnish parliamentarian Ilkka Kanerva, 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 saddened by the death of our former OSCE colleague Ilkka Kanerva. We send our deepest condolences to his family and friends. “An outspoken advocate for democracy and human rights, Ilkka was the only person to have served as both the OSCE Chairman-in-Office and the president of the OSCE Parliamentary Assembly. “He was first elected to the Finnish parliament in 1975, the year the Helsinki Final Act was signed, and started his tenure as president of the OSCE Parliamentary Assembly in 2014, the year Russia first invaded Ukraine. He was an able leader who shaped the OSCE PA’s robust response at that time, speaking out against Russia’s violation of its OSCE commitments and its violation of the territorial integrity and sovereignty of Ukraine. “Ilkka will be missed.” Ilkka Kanerva served as the OSCE Chairman-in-Office in 2008 and as president of the OSCE Parliamentary Assembly (PA) from 2014 to 2016. He subsequently served as OSCE PA president emeritus and remained active as a member of the Finnish delegation to the OSCE PA.

  • Biden administration urged to ban UK lawyers who ‘enabled’ oligarchs

    A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”

  • Helsinki Commission Urges U.S. Administration to Consider Sanctioning Remaining Individuals Involved in Persecution of Sergei Magnitsky

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Member Rep. Joe Wilson (SC-02) today released a letter sent April 15 to President Biden urging the U.S. administration to consider sanctioning the remaining individuals involved in the persecution of Sergei Magnitsky, the fraud he uncovered, and the coverup of his death in 2009. The letter read in part: “The passage and enforcement of the Magnitsky Act was among the rare times in the last decade that the United States rightly put universal values first in its relationship with Russia. Sergei Magnitsky courageously stood up to the Putin regime’s corruption and represents what Russia might be one day. He has served as an inspiration for Russian activists and civil society who dream of a Russia that respects human rights and complies with its own freely undertaken international commitments… “At this time of great upheaval, it could not be more important that the United States demonstrate its commitment to universal values. Sanctioning these individuals responsible for dismantling the rule of law in Russia and killing one of Russia’s bravest whistleblowers would have this effect.” Included with the letter was a list that includes the names and identifying information of 255 individuals who have not yet been sanctioned for their apparent role in Sergei Magnitsky’s death and the $230 million tax fraud he exposed. The list was compiled by Hermitage Capital Management LLC, the firm where Sergei Magnitsky worked at the time of his arrest and murder.   The full letter and list are available online. 

  • Helsinki Commission Remembers Late Chairman Alcee Hastings

    WASHINGTON—On the anniversary of the death of former Helsinki Commission Chairman Alcee Hastings of Florida, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Alcee Hastings was a giant in foreign affairs, knowledgeable on all issues relating to security in Europe. As the only American to serve as President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly, he led that organization in cementing its members’ commitment to peace, security and human rights. Wherever he traveled on OSCE business, he was universally respected and liked. A year after his passing, he remains a revered figure and world-renowned leader.”

  • Countering Oligarchs, Enablers, and Lawfare

    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

  • Helsinki Commission Digital Digest March 2022

  • With oligarchs in the crosshairs, alleged Western 'enablers' attract fresh scrutiny

    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.”

  • Sen. Cardin: U.S. should increase sanctions on Russia

    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.

  • At OSCE PA Winter Meeting, U.S. Legislators Unite with International Counterparts to Condemn Putin’s Invasion of Ukraine

    By Ryn Hintz, Max Kampelman Fellow From February 20 – 26, 2022, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) led a bipartisan Congressional delegation to the Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) in Vienna, where he served as the Head of the U.S. Delegation. Other participating Helsinki Commissioners included Ranking House Commissioner Rep. Joe Wilson (SC-02), and Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-08), and Rep. Marc Veasey (TX-33). They were joined on the delegation by Rep. Sheila Jackson Lee (TX-18). Ranking Senate Commissioner Sen. Roger Wicker (MS) and Rep. Chris Smith (NJ-04) participated remotely as members of the U.S. Delegation. The OSCE PA, consisting of 323 legislators from the 57 countries of the OSCE, has been particularly useful in defending democracy and promoting security in the face of numerous threats and challenges across the OSCE region.  The Winter Meeting, held in a hybrid format due to ongoing but easing COVID restrictions, allows parliamentarians an opportunity to engage OSCE officials and diplomatic representatives, as well as to initiate work for the coming year.  Prior to the Winter Meeting, the delegation visited Lithuania to demonstrate the strong U.S. support for this close NATO ally, which not only faces security threats on its borders but also provides refuge to independent voices from Russia and Belarus. OSCE PA Winter Meeting The 2022 Winter Meeting coincided with Russian dictator Vladimir Putin’s large-scale invasion of neighboring Ukraine, a horrific escalation of a conflict that began with Russia’s illegal occupation of the Crimean Peninsula in 2014 and ongoing aggression in the eastern portion of Ukraine. Ahead of the Winter Meeting, the OSCE PA Secretary General Roberto Montella and members of OSCE PA leadership (including Sen. Wicker as a Vice President and Rep. Hudson as Chair of the Committee on Political Affairs and Security) met in an emergency session and issued a statement condemning the Kremlin invasion as a “clear and gross violation of the most basic norms of international law as well as OSCE principles and commitments.” The group also issued a subsequent statement standing “in solidarity with the people of Ukraine and its elected government” and noting the “extraordinary courage” exhibited by “civilians, the armed forces and national leaders, including President Volodymyr Zelensky.” Statements condemning Vladimir Putin for the deliberate assault of Russian forces on Ukraine dominated the formal sessions of the meeting, despite an agenda originally designed to consider ongoing OSCE PA work on a wide range of issues. Co-Chairman Cohen spoke for the United States, decrying Putin’s claim that the Ukrainian government is led and run by Nazis. In a poignant end to the Standing Committee’s second session, the Ukrainian Head of Delegation, Mykyta Poturaiev, reported on violence in his neighborhood of Kyiv and bid farewell as he sought to return to his family in Ukraine. The 2022 Polish Chair-in-Office of the OSCE for 2022 outlined Poland’s priorities in an utterly transformed era in European security. During the general debate, nominally on the topic of “security guarantees and the indivisibility of security in Europe,” delegations resumed their near-universal condemnation of Putin’s invasion of Ukraine. Rep. Hudson opened the meeting of the Committee on Political Affairs and Security by denouncing the invasion of one participating State by another, in total opposition of Helsinki principles. He also underlined the committee’s particular relevance in the context of the security crisis precipitated by Russia, a view reinforced by a panel of senior OSCE officials present as guest speakers.  Finally, Rep. Hudson moderated a debate on “heightened tensions in the OSCE area and the need for inter-parliamentary dialogue.” The debate focused heavily on the attack on Ukraine, with Sen.Wicker remotely joining those in Vienna condemning Russia’s outrageous behavior, and Rep. Jackson Lee forcefully urging members to recall the role of the Belarusian government in the events leading to the invasion. In the economic and environmental affairs committee, Rep. Smith spoke alongside OSCE official Valiant Richey about their efforts as special representatives on human trafficking issues of the Parliamentary Assembly and the OSCE, respectively. They specifically discussed supply chains as they relate to human trafficking matters. Representative Wilson spoke for the United States in the subsequent debate. In the committee dealing with democracy and human rights, Rep. Wilson condemned Russian human-rights violations in occupied Ukraine and in Russia itself, as well as ongoing repression in Belarus. Rep. Aderholt defended free media in his statement to the committee following presentations by recent Nobel laureate and Novaya Gazeta editor Dmitriy Muratov and OSCE Representative on Freedom of the Media Teresa Ribeiro. On the margins of the Winter Meeting, the U.S. delegation gathered key parliamentarians from a range of participating States over dinner, fostering an opportunity for frank and candid exchanges of views on important topics confronting the OSCE. The event emphasized the depth of the U.S. commitment to European security, going beyond diplomatic representatives to include elected Members of Congress. The delegation also was briefed by diplomats representing the United States in the OSCE, including Ambassador Michael Carpenter, and held bilateral meetings with the heads of the Azerbaijani and Mongolian OSCE PA Delegations. Visiting Lithuania The delegation’s presence in Europe also afforded an opportunity to visit Lithuania to underscore U.S. support for a crucial NATO ally at a time of deep concern caused by Russian aggression. In Vilnius, the delegation met with Lithuanian President Gitanas Nauseda, Prime Minister Ingrida Simonyte, Foreign Minister Gabrielius Landsbergis, and senior members of the Lithuanian Parliament (Seimas) to discuss the Russian assault on Ukraine, the deterioration of regional security, and Lithuania’s values-based foreign policy, including relations with China. Officials emphasized to the delegation the game-changing nature of recent developments, especially the total capitulation of the Lukashenko regime in Belarus to Moscow. These actions resulted in a dramatically more challenging situation on Lithuania’s border, leaving the country essentially no warning should Putin choose to act against the Baltic states.  The delegation also visited the Pabrade Training Area, a Lithuanian initiative which provides facilities for U.S. and Allied military activities in the region. Members also met with Belarusians and Russians who had fled to Lithuania to avoid persecution, including Sviatlana Tsikhanouskaya and other opposition leaders, civil society organizations, and the media.

  • Helsinki Commission Mourns Death of Ukrainian OSCE Mission Member During Russian Attack on Kharkiv

    WASHINGTON—Following the death of a Ukrainian member of the OSCE Special Monitoring Mission (SMM) in Ukraine during a Russian attack, 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 saddened and angered by the tragic death of Maryna Fenina, a Ukrainian member of the OSCE Special Monitoring Mission (SMM) in Ukraine, during shelling in Kharkiv on March 1. We offer our deepest condolences to her family and friends. “Russian dictator Vladimir Putin’s ruthless attack against the people of Ukraine is targeting men, women, and children; destroying homes, businesses, and cultural treasures; and forcing millions to flee for their lives. Putin’s unprovoked war is shredding the European security architecture that brought peace after the Second World War. Individuals like Maryna Fenina remind us of the terrible human toll of war. “Russia must cease its brutal and criminal invasion and withdraw its forces from the sovereign territory of Ukraine.” Maryna Fenina was the second OSCE SMM member to die as a result of Russia’s aggression against Ukraine. Joseph Stone, a U.S. paramedic serving with the SMM, was killed In April 2017 when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that has served as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. On February 25, the SMM decided to withdraw its international mission members from Ukraine. Ukrainian national mission members remain in the country. 

  • Helsinki Commission Digital Digest February 2022

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