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Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act
A How-To Guide
Thursday, May 24, 2018

The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them.

Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned.

Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions.

As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice.

Download the full guide to learn more.

Contributor: Paul Massaro, Policy Advisor

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  • Olympic skater’s entourage could face trouble under US law

    ZHANGJIAKOU, China (AP) — Legal troubles for the coach and others in Russian figure skater Kamila Valieva’s orbit could emerge in the United States even after her doping case from the Beijing Games has been resolved. Anti-doping experts say the episode falls under the scope of a recently enacted U.S. law that criminalizes doping schemes in events involving American athletes. The law calls for fines of up to $1 million and prison sentences of up to 10 years for those who participate in doping programs that influence international sports. “Doctors and coaches who give performance-enhancing drugs to athletes are directly liable” under the new law, said one of its authors, attorney Jim Walden. “They are at risk of jail, steep fines, and forfeiture. And I suspect the FBI is already hot on this trail.” On Monday, The Court of Arbitration for Sport cleared Valieva to compete in the women’s competition this week. Still unresolved is what to do about the gold medal the Russians won — with Valieva as the headliner — in last week’s mixed team competition. Because Valieva is 15, and considered a “protected person” under global anti-doping rules, the sanctions against her could be light. That does not exempt her entourage from possible anti-doping penalties beyond the possible stripping of the medal from the Russian team. Walden and others expect those same people to come under investigation by U.S. law-enforcement, as well. “The latest Russian doping scandal in Beijing is exactly why we passed the Rodchenkov Anti-Doping Act. Doping is corruption,” said Sen Ben Cardin, D-Maryland, who is involved in anti-doping issues. Walden represents the bill’s namesake, Grigory Rodchenkov, the Russian lab director who blew the whistle on the complex, widespread Russian doping scheme designed to help the country win medals at the 2014 Sochi Games and elsewhere. Rodchenkov now lives in hiding. The Rodchenkov Act wasn’t designed to go after athletes. It targets coaches, doctors and other members of an athlete’s entourage who are accused of arranging doping programs in any event that involves U.S. athletes, sponsors or broadcasters. The bill, supported by Walden, the U.S. Anti-Doping Agency and others, passed by unanimous consent through both houses of Congress and was signed into law in December 2020. It was considered a remarkable achievement considering the polarization in U.S. politics. Officials at the White House drug control office in both the Trump and Biden administrations have been critical of global anti-doping regulators. They threatened to withhold funding from the World Anti-Doping Agency, but recently paid their remaining dues despite some major concerns. The law’s first test came last month when federal officials charged a doctor of providing drugs to an “Athlete A,” who The Associated Press identified as Nigerian sprinter Blessing Okagbare. The IOC and WADA lobbied against parts of the bill. Their main argument was that it gave U.S. law enforcement too much leverage in policing anti-doping cases that occur outside its own borders. This case — a Russian who was found to have doped on Dec. 25 at a national championship — appears, at first glance, to fit that profile. WADA said it took six weeks for officials to receive the test from a lab in Sweden because Russia’s anti-doping agency (RUSADA) failed to flag it as a priority. That Valieva was allowed to compete at the Olympics turns it into an international episode. WADA said in a statement that it was “disappointed in the ruling,” and that it, too, would “look into” Valieva’s support personnel. Russia’s anti-doping agency has also begun an investigation. But critics of WADA and the IOC argue the bill was passed because the international anti-doping system has proven it can’t police its own. They point to the sanctions handed to Russia over the past eight years as Exhibit A. Part of those sanctions resulted in years’ worth of suspensions and reforms for RUSADA, which is overseeing this case. Critics contend the case involving Valieva might not have erupted had the country — whose athletes are competing in Beijing under the banner of “Russian Olympic Committee” due to the sanctions — been penalized appropriately. “If I were a betting man, I’d say there’s a 95% chance that this is a good case for” the law, said Rob Koehler, the head of the advocacy group Global Athlete. Though there are harsh penalties under the law, it’s hard to imagine U.S. authorities would ever get their hands on Russians if they were indicted. Still, an indictment would have an impact. It could curtail their ability to travel or coach outside of Russia, since the United States has extradition deals with dozens of countries across the globe. Valieva tested positive for the banned heart medication trimetazidine. “We need more facts, but you can envision a case like this under Rodchenkov,” USADA CEO Travis Tygart said. “This drug doesn’t just show up out of nowhere. Assuming the facts play out that someone was involved in giving it to her to enhance performance, it fits like a glove.”

  • Chairman Cardin on Doping Scandal At 2022 Winter Olympics in Beijing

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) released the following statement: “The latest Russian doping scandal in Beijing is exactly why we passed the Rodchenkov Anti-Doping Act. Doping is corruption. It defrauds clean athletes and honest sponsors, and insults the spirit of international competition. “Putin—like other strongmen—regularly uses corruption as a tool of foreign policy. The Olympics are no exception. I call on the U.S. Department of Justice to investigate all alleged doping crimes during the Beijing Olympics and hold the perpetrators responsible under the Rodchenkov Act.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In January 2022, the Federal Bureau of Investigation announced the first charges filed under the Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics.

  • Helsinki Commission Briefing to Examine Intersection Between Foreign Policy and Human Rights in Turkey

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: CONFLICT OF INTEREST? Foreign Policy and Human Rights in Turkey Wednesday, February 16, 2022 11:00 a.m. Register: https://bit.ly/3Je5Ck4 Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act.  A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges.   The briefing will investigate the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also will explore practical policy recommendations to help Turkey overcome this disconnect. The following panelists are scheduled to participate: Soner Cagaptay, Director, Turkish Research Program, Washington Institute for the Near East Deniz Yuksel, Turkey Advocacy Specialist, Amnesty International  

  • Ambassador (Ret.) William B. Taylor: 'I believe Putin will blink'

    At a February 3 Helsinki Commission hearing on Russian aggression toward Ukraine, William B. Taylor, an expert on Russia and former U.S. ambassador to Ukraine, told Commissioners,  "I believe President Putin will blink. I think Presidents Biden and Zelensky are staring him down successfully. Putin appears, for now, to be seeking negotiations. He has complained about but has not rejected the responses from the United States and NATO to his demands."

  • Russia's Assault on Ukraine and the International Order

    Russia’s Ukraine gambit is the most flagrant manifestation of the Kremlin’s assault on the international order. Moscow’s actions degrade the security environment in Europe and are a direct attack on settled international norms, including the territorial integrity of states and the self-determination of peoples affirmed in the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). On February 2, 2022, the U.S. Helsinki Commission held a hearing on Russian aggression against Ukraine. The hearing included testimony from three expert witnesses on the motives and intentions of the Kremlin, how the West can continue to support Ukraine, and the ramifications of Putin’s belligerence for Europe and the international order. Helsinki Chairman Sen. Ben Cardin (MD) opened the hearing by highlighting the unity displayed between the United States and Europe in response to the threatened invasion. He commended the Biden administration on its efforts to enhance deterrence and reinforce NATO’s eastern flank, while ensuring a diplomatic path remains open to Russia should it wish to find areas of cooperation; he emphasized that the sovereignty of Ukraine and freedom of Europe would under no circumstance be bargained away. Co-Chairman Rep. Steve Cohen (TN-09) noted that Putin considers Ukraine’s evolution into a budding democracy “with its open market of ideas, vibrant media, and a strong civil society” as a threat to his regime and repeated the importance of a free and sovereign Ukraine for the security of Europe. Sen. Roger Wicker (MS) highlighted Russia’s participation in the Helsinki Final Act of 1975, saying, “Putin is now treading underfoot the principles at the heart of the Commission’s work, principles agreed to by Mr. Putin’s predecessors in Moscow.” He also underlined importance of ensuring passage of defense appropriations to our defense commitments abroad. Ranking Member Rep. Joe Wilson (SC-02) praised the strong bipartisan stance exemplified by the hearing regarding the need to deter Russia; Republicans and Democrats in the U.S. Congress, as well as Transatlantic allies, were “firmly united in support of the people of Ukraine” Dr. Fiona Hill, senior fellow in the Center on the United States and Europe in the Foreign Policy program at the Brookings Institution, testified on Putin’s motives and likely worldview, citing Russian interventions in Georgia, Armenia, and Belarus. “From Russia’s perspective, the United States played no significant role in addressing these upheavals,” she said. She noted that the 2024 presidential elections likely are influencing Putin’s need to act now. Dr. Hill closed by emphasizing the importance of definitively countering Putin’s narrative regarding Russia’s aggressive posture. “We need to reframe this crisis for what it is, as the administration has just done in the United Nations,” she said. “This is not a proxy conflict. This is not aggression by the United States or NATO. This is not a righteous effort to counter some great historic wrong, as President Putin says. This is an act of post-colonial revisionism on the part of Russia.” Lieutenant General (Ret.) Ben Hodges, Pershing Chair in Strategic Studies at the Center for European Policy Analysis, testified on the current needs of the Ukrainian army, as well as potential countermeasures Ukraine’s Western partners can take to address Russian aggression. He highlighted President Zelensky’s request for funds to support a significantly larger Ukrainian army, as well as continued diplomatic support from the West. General Hodges also underlined that a common approach among NATO Allies, including and especially Germany, would be necessary to prevent a new Russian offensive. “We need to take the initiative instead of always reacting to whatever the Kremlin does. But we have to do this in unity with our allies,” he said. Lieutenant General Hodges closed by urging NATO to remain clear-eyed about the nature of diplomacy with the Kremlin. “They are not boy scouts. They use chemical weapons, poison and murder against their own opposition, and they use cyber and disinformation to destroy lives and trust in our democratic system,” he noted. “We should talk, but we need to understand with whom we are talking.” Ambassador (Ret.) William Taylor, Vice President, Russia and Europe at the United States Institute of Peace, commended the resolve and unity shown by President Biden and President Zelensky, suggesting that this had been surprising to the Kremlin. He surmised that the effectiveness of the Western response had, to date, successfully deterred a full-scale invasion and there was reason to believe that Putin currently remains engaged on a diplomatic track. Ambassador Taylor underlined the stakes in the current confrontation and their relevance to U.S. interests, describing Ukraine as “the frontline of the battle between democracy and autocracy. We should support them. With that support, they will prevail. Putin will lose.” Members raised a broad range of concerns with witnesses, questioning them on issues ranging from the influence of public opinion and oligarchs on Putin’s thinking, to the most efficient timing of sanctions. Witnesses were united in their praise for the bipartisan consensus on countering Russian aggression demonstrated by Congress, and adamant in their call for continued resolve and determination in the support of Ukraine. Related Information Witness Biographies Putin Has the U.S. Right Where He Wants It - Dr. Fiona Hill  NATO Must Help Ukraine Prepare for War - Lieutenant General (Ret.) Ben Hodges  After U.S.-Russia Talks, Risk of War in Ukraine Still High - Ambassador (Ret.) William B. Taylor

  • Helsinki Commission Digital Digest January 2022

  • On International Holocaust Remembrance Day, Cardin and Cohen Denounce Recent Antisemitic Activity Across the United States

    WASHINGTON—On the 77th anniversary of the liberation of the Auschwitz-Birkenau in Nazi-occupied Poland, which is designated as International Holocaust Remembrance Day, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement on the recent spate of antisemitic activity across the United States: “We are extremely alarmed by recent events targeting the Jewish community. The distribution of flyers across multiple states touting antisemitic and racist conspiracy theories, invoking Nazi ideologies, and blaming the Jewish community for the COVID-19 pandemic has come hard on the heels of a vicious attack on the Congregation Beth Israel synagogue in Colleyville, Texas. These incidents must be stopped and called out as the dangerous fearmongering they are. Not only on International Holocaust Remembrance Day, but every day, leaders and every person in this country have an obligation to stand up against hate.   “Antisemitism is not just a problem in the United States. We see similar issues in Europe, where Jewish synagogues, schools, and cemeteries once again must tighten security protocols in fear of attack, and the Holocaust is being trivialized for political gain. It is time for the 57 participating States of the OSCE to come together and adopt an international strategy to hold countries accountable for implementing legislation to quash hate crimes and discrimination, protect Jewish communities, and address the dangerous ideologies that lead to violence and sow disunity in our country and abroad. “International Holocaust Remembrance Day serves as a grim reminder of our past failures to protect the Jewish community. Inaction or turning a blind eye to antisemitism and hate only encourages its proliferation. We must ensure that the words ‘never again’ have real meaning by stamping out antisemitism wherever it is found.” Chairman Cardin, who also serves as the OSCE PA Special Representative on Racism, Anti-Semitism, and Intolerance and is a member of the United States Holocaust Memorial Council, has called for an OSCE strategy to address antisemitism and other forms of intolerance.  In July, the OSCE Parliamentary Assembly adopted an urgent item he drafted titled “Addressing the Rise in Hate, Intolerance, Violence and Discrimination Across the OSCE Region” that he has called for the new Polish Chair-in-Office to work with OSCE countries to implement.  

  • Russia’s Assault on Ukraine and the International Order to Be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S ASSAULT ON UKRAINE AND THE INTERNATIONAL ORDER Assessing and Bolstering the Western Response Wednesday, February 2, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Russia’s Ukraine gambit is the most flagrant manifestation of the Kremlin’s assault on the international order. Moscow’s actions degrade the security environment in Europe and are a direct assault on settled international norms. These include the territorial integrity of states and the self-determination of peoples affirmed in the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). Witnesses will examine the latest developments in the Kremlin-driven crisis in and around Ukraine and the urgency for the United States to bolster Ukraine’s defenses and deter further Russian aggression. The following witnesses are scheduled to testify: Dr. Fiona Hill, Senior Fellow, Center on the United States and Europe, Brookings Institution Lieutenant General (Retired) Ben Hodges, Pershing Chair, Center for European Policy Analysis Ambassador (Retired) William B. Taylor, Vice President, U.S. Institute of Peace

  • Half Measures Are Worse Than Nothing in Ukraine

    Europe begins the new year on the brink of major war. Russia has amassed more than 100,000 troops and heavy equipment along Ukraine’s border and issued an ultimatum to the West demanding it trade Ukraine’s sovereignty in exchange for its peace. Such demands are a strategic nonstarter, but the seriousness of the Kremlin’s threats appear all too real. To stop this war before it begins, muddling through is not an option; this demands immediate and bold action. Russia claims its 100,000-plus troops at Ukraine’s doorstep is a response to NATO enlargement and its infrastructure in Ukraine and Eastern Europe. These arguments are unconvincing. The Kremlin has used NATO as a straw man for its grievances, yet Russian disquiet has little to do with NATO itself, which has no immediate plans to expand anywhere near Russia and would not threaten Russia if it did. Although the United States and its European partners have provided material and technical military assistance to Ukraine, it has not changed the region’s balance of power. Instead, Russia’s demands evince anxiety over global status and the possibility that its borderlands may be able to escape from its grip. In particular, Ukraine has the size and industrial capacity to make it a credible economic and military power regardless of whether it joins NATO. For Russia, a strong and hostile Ukraine is intolerable, even though Russian aggression husbanded Ukraine’s pro-West turn. By supporting Donbass separatism and annexing Crimea, the Kremlin stoked patriotism in Ukraine, lanced Ukraine’s most Russia-friendly population, and earned Kyiv’s hostility. Ukraine is not the only country for which this applies, but it may be the most significant given its size, geography, and symbolic position in official Russian neoimperial mythology. War should be avoided at all reasonable costs. Another invasion would risk tens of millions of lives and further undermine Europe’s increasingly fragile security. The United States and Europe should be willing to negotiate in good faith to avoid wider conflict—so long as Ukraine, Georgia, and Eastern Europe’s sovereignty are preserved. However, acceding to Russia’s maximalist demands would strip Ukraine of its already battered sovereignty and invite a new Iron Curtain over Europe—consigning many millions of people to generations of domination and conflict. History and international relations theory may offer some guidance in this crisis. In the runup to the Peloponnesian War between the sprawling Athenian league and Sparta’s opposing empire, Athens faced a dilemma between its ally Corcyra and Corinth, a powerful member of the Spartan alliance. As chronicled by classical historian Donald Kagan in his On the Origins of War: And the Preservation of Peace, Corcyra called on Athens for protection, but Athens was anxious to intervene lest it precipitate a ruinous great-power war with Sparta, which was increasingly fearful that Athens, the rising force in Greece, would eclipse Spartan power. Yet Athens worried that abandoning Corcyra would undermine its alliances and invite Spartan aggression. As a compromise, Athens deployed a mere 10 ships out of its vast 400-ship fleet to join the Corcyraeans in the hopes that it would be enough to deter Corinth’s advancing 150-ship armada. However, as Kagan notes, Athens’s symbolic deployment was not strong enough to deter Corinth—much less defeat it—but too aggressive to completely assuage Spartan fears about Athenian ambitions. In the ensuing Battle of Sybota, the Corinthian armada destroyed the combined Corcyraean-Athenian fleet, launching a spiral of events that led to the devastating Peloponnesian War. As the United States deliberates with its partners and allies to craft countermeasures against Kremlin aggression, the West should avoid its own 10-ship trap. In some ways, NATO’s 2008 Bucharest summit decision is an example, where the alliance promised eventual membership to Georgia and Ukraine without a concrete pathway. This compromise left Georgia and Ukraine vulnerable while stoking the Kremlin’s strategic anxieties. The recently departed Columbia University political scientist Robert Jervis considered such problems in his international relations theory classic Perception and Misperception in International Politics. Jervis weighed deterrence against a “spiral” model, which posited that counterescalating in response to perceived escalation could provoke the opposite of the intended response. An attempt at deterrence could instead be viewed as further provocation. While deterrence preaches strength and resolution, the spiral model generally counsels conciliation. However, Jervis theorized that while the deterrence and spiral models are often presented as opposing, generalizable theories, their usefulness varies with the circumstances. He surmised that deterrence is applicable between two powers with genuinely incompatible positions, and the spiral model best applies to disputes between status quo powers where their perceived incompatibility is mostly illusory. One exercise Jervis suggests is to interrogate evidence that the second power is not engaged in revisionist aggression. In this case, a charitable reading of Russian actions suggests that Russia’s grievances are oriented to the security situation on its borders—the “belt of Russia’s vital interests.” In this interpretation, Russia’s historical influence along its borders need not be a cause for alarm on its own, much less for war. Indeed, if arms limitations and codes of conduct represent an acceptable compromise to defuse the present crisis without sacrificing the freedom or sovereignty of the states on Russia’s border, this is worth pursuing. However, which vital interests necessitate Russian dominion over its periphery? Although Russia’s perceptions of insecurity may be real, it is demonstrably not materially insecure, with a large, full-spectrum, and sophisticated military that is arguably the most powerful in Europe. Russia’s neighbors are far weaker, Western states largely disarmed after the Soviet Union’s dissolution, and remnant Allied forces remained in Western Europe in compliance with the NATO-Russia Founding Act, even as Russia has significantly militarized. And Russia’s economic fortunes are far better served by peace and integration with the West, not conflict. However, the stability and integrity of European security architecture as enshrined in the Helsinki Final Act remain fundamental to U.S. national security. Any countenance of the Kremlin’s broader abrogation of that framework and the restoration of a new Yalta Conference would reverse decades of peace and prosperity—and likely drive continental militarization that would only compound Russian security anxieties and conflict. It appears the West and the Russian regime’s positions are indeed incompatible. In response, the United States and its allies must be wary of the 10-ship trap. Although caution is often a virtue in national security and foreign policymaking, a moderate response to the enormity and notoriety of Russia’s belligerence would likely neither protect Ukraine nor satisfy Russian imperial appetites. Broad economic sanctions on their own are likely to be sufficient to forestall an invasion; and token, light deployments behind NATO’s high walls while Ukraine burns will inflame Kremlin paranoia without arresting or appreciably punishing Russian militarism. Negotiations and diplomacy should be given the time to work, and any kind of durable solution is unlikely to completely satisfy either party. However, the United States and its allies should undergird these talks with serious and significant measures to prevent another, greater war in Ukraine before it begins. As in Corcyra, half measures are unlikely to ameliorate the crisis and may only exacerbate them. What, then, do full measures look like? The critical factors here are speed and plausibility: steps that not only can be taken quickly but that Russia will believe Washington will carry through. Although economic sanctions have been broadly regarded as useful tools in this regard, most measures being envisioned are likely already baked into Russian calculations or may not have an immediate effect. In addition, the United States—and Europe, if it is willing—should significantly curtail Russian energy imports and aim to wean Russian hydrocarbons from European markets entirely—perhaps even going so far as to employ Defense Production Act authorities to stockpile and potentially surge liquefied natural gas and other fuel alternatives to Central and Eastern Europe. Boosting other energy sources on a strategic scale could also accompany this approach. Moscow must be convinced that military aggression will only dramatically increase and complicate what it believes are its existing security vulnerabilities. Toward that end, the United States and Europe could begin studying withdrawal from the NATO-Russia Founding Act, and planning can begin in earnest for repositioning heavy forces in Europe in the event of a wider Russian war. NATO can signal that new European applications for NATO membership would be welcomed and expediently ratified (perhaps even pre-ratified in some form), particularly from Sweden and Finland, should Russia go through with its militaristic gambit. Washington could also consider scenarios to provide aspirants—Ukraine, Georgia, and potentially the Nordics—with bilateral treaty guarantees prior to NATO accession. In Corcyra, the compromise of 10 Athenian ships only served to anger Corinth and Sparta as well as fed beliefs that war was not only necessary but an urgent enterprise. Against the colossal coercive symbolism and military reality posed by the Russian buildup—and the even greater weight of the Kremlin’s demands—the United States and Europe should prepare responses to match the moment. Michael Hikari Cecire is a senior policy advisor at the U.S. Helsinki Commission. 

  • Helsinki Commission Marks One-Year Anniversary of Navalny’s Imprisonment

    WASHINGTON—Ahead of the one-year anniversary of Alexei Navalny’s arrest on January 17, 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 statements: “In the past year, while Alexei Navalny has remained unjustly imprisoned, the Kremlin has doubled down on its absurd persecution of his anti-corruption organizations as ‘extremist,’” said Chairman Cardin. “Nevertheless, Mr. Navalny’s colleagues, friends and allies, in the face of grave threats, continue to risk their own freedom to expose Putin’s thuggery across Russia.” “Putin would not have gone to the trouble to imprison Alexei Navalny unless he perceived a serious threat to his power,” said Co-Chairman Cohen. “Mr. Navalny and his team across Russia were instrumental in revealing the ill-gotten gains of Putin and his cronies. This tells you all you need to know about why they are a target.” “During his imprisonment, Alexei Navalny has used his own suffering to call attention to the plight of the hundreds of other political prisoners in Russia,” said Sen. Wicker. “We have not forgotten him or others who are persecuted for their beliefs, and we look forward to a Russia in which they finally are free.” “Despite the Kremlin’s attempts to push Alexei Navalny out of public view and prevent him from challenging Putin, we will not stop calling for his release,” said Rep. Wilson. “Russians who challenge Putin should not have to fear for their safety in their own country.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and was arrested at the airport. In February, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. Previous time served under house arrest reduced his prison time to two years and eight months. In June, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations, essentially outlawing these groups and criminalizing their activity. In September, Russian authorities opened a new probe against Navalny and his closest associates for creating and directing an “extremist network.” This, combined with other ongoing criminal investigations, could lead to additional jail time for Navalny and threaten those associated with his organizations, many of whom have been forced to flee Russia.

  • Helsinki Commission Welcomes First Charges Under the Rodchenkov Anti-Doping Act

    WASHINGTON—Following the first charges filed under the Helsinki Commission’s Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics, Helsinki Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), Ranking Member Rep. Joe Wilson (SC-02), and former Commissioner Rep. Michael Burgess (TX-26) issued the following statements: “Swift utilization of the Rodchenkov Anti-Doping Act is exactly what we hoped for with this legislation,” said Chairman Cardin. “I thank the U.S. attorneys and investigators who put in long hours of work pursuing this case. They understood the importance of cleaning up cheating and corruption in international sports, which often is a tool of autocratic governments. These first charges are only the beginning and serve as a very public part of the global anti-corruption strategy supported by the Biden administration and spearheaded by the Helsinki Commission for many years.” “I welcome this first enforcement action under the Rodchenkov Act and urge the Department of Justice to continue unraveling the corruption that infects international sport,” said Co-Chairman Cohen. “Sports should bring people together and celebrate achievement—they should not be an opportunity for fraud. My own GOLD Act would expand the Rodchenkov Act and I call on my colleagues to pass it swiftly.” “These charges are the culmination of years of work to hold administrators, doctors, and officials accountable for their role in corrupting international sport,” said Sen. Wicker. “They demonstrate that our new approach is working. I thank the public servants at the U.S. Department of Justice and urge them to continue their efforts to enforce this critically important law.” “Dictators and their cronies interfere in everything we hold dear, including sports. They view victory in international sport as a way to trumpet the greatness of their oppressive systems. Cheating in sports is part of their foreign policy,” said Rep. Wilson. “With the Rodchenkov Act, we are holding these corrupt networks to account. I applaud the Department of Justice for prosecuting fraudsters at the Tokyo Olympics and call on them to do the same in Beijing.” “From a young age, professional athletes dedicate themselves to becoming the best in their sport. For those skilled enough to make it to the Olympics, their efforts should not be tainted by doping schemes,” said Rep. Burgess. “Yesterday’s charges provide hope to those that have been defrauded. They would not have been made possible without the Rodchenkov Anti-Doping Act. I worked to enact this law to maintain sport integrity and keep all American athletes safe and protected from fraud. Further, yesterday’s action is a win for athletes such as Katie Uhlaender, whose moving testimony spurred Congress into action. I hope that yesterday’s charges are only the beginning of combatting fraud in international sport competition.”   “This is exactly the kind of action we hoped for following the enactment of this groundbreaking anti-doping legislation,” said Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory and the Russian whistle-blower after whom the law is named. “We are grateful to United States Attorney Damian Williams for taking this monumental first step toward restoring the Olympic games to their role as a cherished forum for nations to convene in the spirit of peace, fairness and cooperation. We cannot continue to allow corrupt states and the overlords of sport commerce to exploit our athletes and traditions of peace to advance the economic and geopolitical interests of the few. Yesterday's action is entirely appropriate and puts real teeth into anti-doping enforcement, while also setting an example of international cooperation and fair play for future generations.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In July 2021, the Helsinki Commission hosted a hearing on the enforcement of the Rodchenkov Act at the Tokyo Olympics. Earlier that year, Dr. Rodchenkov spoke out publicly for the first time about the impact of the Rodchenkov Anti-Doping Act on a Helsinki Commission podcast, calling it a “game-changer.” On Wednesday, the New York Field Office of the Federal Bureau of Investigation (FBI) announced the charges against Eric Lira, who they allege “obtained various performance enhancing drugs (‘PEDs’) and distributed those PEDs to certain athletes in advance of, and for the purpose of cheating at, the 2020 Olympic Games held in Tokyo in the summer of 2021.”   

  • Russia sent troops near Ukraine and to Kazakhstan. The U.S. is watching and waiting

    Transcript   SCOTT SIMON, HOST: The Biden administration is heading into an intense week with Russia. The U.S. has already condemned the massing of tens of thousands of Russian troops along the border with Ukraine. But the White House seems to be taking a different approach to Russian involvement in the former Soviet Republic of Kazakhstan. NPR's Michele Kelemen explains. MICHELE KELEMEN, BYLINE: First, a word on why Kazakhstan matters to the U.S. Senator Ben Cardin, who chairs the U.S. Commission on Security and Cooperation in Europe, puts it this way. BEN CARDIN: It does bridge between Russia and China, Asia and Europe. It really is one of the key locations. It is a country that's rich in resources. It's a country that has a critical location from a security point of view, from a counterterrorism point of view. KELEMEN: U.S. companies are heavily invested in Kazakhstan's energy sector, and the U.S. saw the country as a relatively stable, though not a democratic partner. Cardin, who was speaking via Skype, says he was disappointed to see Kazakhstan's president invite in troops from the Collective Security Treaty Organization, a group of ex-Soviet states led by Russia. CARDIN: When Russia sends troops, they rarely remove those troops. And it's not what the Kazakhs need. It's not what the people need in that country. KELEMEN: The latest turmoil started with protests over gas prices and corruption. But some major cities also saw mobs taking over government buildings. And experts point to another layer of conflict, an attempt by the country's president, Kassym-Jomart Tokayev, to sideline other government elites linked to Kazakhstan's longtime ruler, Nursultan Nazarbayev. And in that complex picture, the U.S. has little leverage, according to Emma Ashford of the Atlantic Council. EMMA ASHFORD: Even if we wanted to intervene, even if there was a clear side upon which we thought we could intervene - which I don't think there is - we just don't have that much leverage in Kazakhstan. We have limited ties in the country, and they're almost all commercial in the energy sector. KELEMEN: She thinks the U.S. needs to be cautious and not feed into Russian conspiracies. ASHFORD: We know that Vladimir Putin in particular, you know, the Russian government, has this historical tendency to see American fingers in every pot - you know, American action in every protest in the post-Soviet space. And even though that's not true, I think we should probably avoid giving the impression that we're going to get more involved. KELEMEN: Secretary of State Antony Blinken has been on the phone with his counterpart in Kazakhstan, calling on authorities to protect the rights of peaceful protesters and raising questions about why the government felt the need to invite in Russian-led troops. (SOUNDBITE OF ARCHIVED RECORDING) ANTONY BLINKEN: It would seem to me that the Kazakh authorities and government certainly have the capacity to deal appropriately with protests, to do so in a way that respects the rights of the protesters while maintaining law and order. So it's not clear why they feel the need for any outside assistance. So we're trying to learn more about it. KELEMEN: For now, those Russian troops seem to be focused mainly on protecting key infrastructure. And Blinken is reluctant to conflate the situation in Kazakhstan with Ukraine, where Russia has seized territory and is threatening to take more. (SOUNDBITE OF ARCHIVED RECORDING) BLINKEN: Having said that, I think one lesson in recent history is that once Russians are in your house, it's sometimes very difficult to get them to leave. KELEMEN: Regional experts say if Kazakhstan's president is able to reinforce his political power in the midst of this crisis, he will be indebted to Moscow. Michele Kelemen, NPR News, Washington.

  • Helsinki Commission Calls for Peaceful Solution in Kazakhstan

    WASHINGTON—In response to the violent clashes between protesters and authorities in Kazakhstan, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are deeply concerned about the situation in Kazakhstan and condemn the violence that has accompanied widespread protests across the country. The reported deaths of both protesters and police are extremely disturbing. “We call on President Tokayev and Russian troops not to use disproportionate force against protesters. At the same time, we call on protesters to cease any violent attacks against police, public buildings, or private property. “We urge both sides to find a peaceful way to resolve this crisis. We also urge President Tokayev to ensure respect for human rights, especially freedom of the media and the right to due process for those who have been arrested in connection with the protests.” A wave of protests began on January 2 in the western part of the oil- and gas-rich country in response to a sharp increase in the price of liquefied petroleum gas (LPG). The unrest spread quickly to other parts of Kazakhstan and grew increasingly violent. Authorities deployed tear gas and stun grenades against protesters and blocked internet access in an effort to quell the unrest, while demonstrators attacked government offices. There are reports of deaths among both law enforcement and protesters, as well as of widespread looting. Kazakhstani President Kassym-Jomart Tokayev declared a nationwide state of emergency on January 5, accepted the resignation of his cabinet, and reduced LPG prices, but protests continued. The Collective Security Treaty Organization (CSTO), a security alliance among select former Soviet states including Russia, is sending Russian troops at the request of President Tokayev. The impact of the COVID-19 pandemic has exacerbated already strained economic and social disparities, and demonstrators are demanding increased political liberalization and accountability for government corruption. OSCE observers concluded that the 2021 parliamentary elections “lacked genuine competition” and underscored the need for political reform.

  • Helsinki Commission Welcomes Passage of Trap Provision in 2022 National Defense Authorization Act

    WASHINGTON—Helsinki Commission Chairman Sen. Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) today welcomed the passage of the Transnational Repression Accountability and Prevention (TRAP) provision as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2022. “By co-opting and undermining the rule of law to harass and intimidate dissidents and political opponents, corrupt regimes threaten our national security,” said Chairman Cardin. “Our provision will make it U.S. policy to fight exploitation of INTERPOL, including by naming and shaming member states that abuse its mechanisms. This amendment will protect the United States, our allies, and all those fighting or fleeing authoritarian regimes from extraterritorial and extrajudicial abuse.” “We’ve seen time and again how corrupt dictators take advantage of INTERPOL to intimidate and harass those who expose their immoral deeds, even after they have fled their homes and their country in search of safety,” said Co-Chairman Cohen. “The TRAP provision will protect these dissidents and ensure that our own institutions are not used against us—or them.” “There is no reason for any democracy, especially the United States, to be forced to play a part in authoritarian regimes’ blatant abuse of INTERPOL Red Notices,” said Sen. Wicker. “I am pleased Congress has taken action to name publicly the abusers, such as Russia and China, and prevent American law enforcement from having to do the dirty work of these repressive autocrats.” “INTERPOL should enable us to crack down on criminals worldwide,” said Rep. Wilson. “Instead, the criminals have taken over the institution, using it to target those who oppose them. The TRAP provision will protect the United States from this abuse and ensure that we do everything we can to restore the rule of law to INTERPOL.” “Increasing transparency and accountability at INTERPOL underscores the bipartisan commitment of the United States Senate to push back against countries, large or small, seeking to distort legitimate law enforcement cooperation to instead pursue political opponents or personal vendettas,” said Sen. Bob Menendez (NJ), Chairman of the Senate Foreign Relations Committee. “This new provision will strengthen protections for human rights defenders, political dissidents, and journalists, and pave the way for the international community to join the United States in pressing for reforms and standing against the abuse of INTERPOL Red Notices by China and Russia, among others.” The Transnational Repression Accountability and Prevention (TRAP) Act was introduced in 2021 in the Senate by Sen. Wicker and Chairman Cardin and in the U.S. House of Representatives by Co-Chairman Cohen and Rep. Wilson. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States name the worst abusers of INTERPOL and examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse.

  • The Centrality of the Battle Against Corruption in the Democracy Summit

    Mr. CARDIN. Mr. President, I rise today--on International Anti-Corruption Day, as declared by the United Nations--to speak about the Democracy Summit that President Biden is convening today and tomorrow, to which government leaders from 110 countries have been invited. It will also include a range of leading civil society actors, business and labor leaders, civic educators and investigative journalists, philanthropists, and nonprofit leaders as speakers and participants. Undeterred by the Coronavirus pandemic, the Biden administration has organized a global virtual gathering with participants tuning in from six continents. It is an ambitious, even audacious, undertaking. And it comes at a critical time, as the world is now 15 years into a global democratic recession, according to the well-respected watchdog organization Freedom House. In its widely cited annual survey of freedom, it has reported that, in each of the past 15 years, more countries have seen their democracy scores decline than the number of countries whose scores have improved. And last year, during the height of the global pandemic, nearly 75 percent of the world's population lived in a country that saw its democracy score deteriorate last year. For a President who has pledged to put democratic values at the heart of American foreign policy, it is fitting and proper that he should convene the democratic leaders of the world and other relevant parties to plan the revitalization of global democracy. Of course, readers of the annual Freedom House assessment will know that there are not 110 well-functioning, effective democracies in the world and that way too many poorly performing nominal democracies have been invited to this gathering, thus diluting its character. While some conspicuously back-sliding countries, like Hungary and Turkey, have not been invited, there are numerous back-sliding pseudo-democracies, including the current governments of the Philippines and Pakistan, the Democratic Republic of the Congo and Zambia, Bolsinaro's Brazil among others, that unfortunately have been included. Then there is India, which dropped from Free to Partly Free status in Freedom in the World 2021, which contributes significantly to the fact that 75 percent of the world's people last year resided in countries moving away from democracy. Yet the government of Prime Minister Narendra Modi, after its sustained crack down on critics during the past 2 years and the atrocious scapegoating of Muslims, who were disproportionately blamed for the spread of the virus and faced attacks by vigilante mobs, has been invited to the Democracy Summit. Members of the Senate will also know that there has been precious little information sharing with this body about the contours of the summit. There has been no discussion with us about the invitation list or the way forward from this week's summit, which I see as a missed opportunity for the Biden administration. On the other hand, I was proud to be able to participate in a side event convened last Friday morning by the House Democracy Partnership for a discussion with legislators from other countries about the important role that parliaments can and do play in leading their governments to address the enduring and universal problem of corruption. I want to congratulate Representative David Price of North Carolina for his leadership of that important initiative and for convening a productive international exchange of views last week in the run up to the President's gathering. One of the main take-aways from that webinar was that it is always incumbent on the legislatures of the world to press forward with laws that instruct and enable executive branch officials to elevate their work to combat corruption. This is the main topic of my intervention today, to discuss one of the hopeful aspects of the President's Democracy Summit, which is the central role that the battle against corruption is playing in the proceedings and to underscore the leading role that we in the Congress must take to compel further action from our colleagues in the executive branch. History tells us that they will likely not do so on their own. In fact, the history of anti-corruption laws in the United States is replete with fervent opposition from the executive branch, whether during Democratic administrations or Republican, to virtually every measure proposed in the Congress. This was true of the Foreign Corrupt Practices Act of 1977, which barred U.S. companies and their officials from paying bribes in foreign countries. The executive and the business community declared that this would end the ability of American corporations to do business around the world, which turned out not to be true, of course. Indeed, it became in due course a foundational element in the United Nations Convention Against Corruption--UNCAC--and other elements of the international architecture of the battle against corruption. Yet the executive has continued to oppose every measure introduced in Congress to address kleptocrats and human rights abusers, including the original Sergei Magnitsky Rule of Law Accountability Act of 2012 and its successor, the Global Magnitsky Human Rights Accountability Act of 2016. This is especially ironic because, since the enactment of the 2016 law, both Republican and Democratic administrations have been utilizing the law frequently and to good effect. Indeed, today, Secretary of State Tony Blinken announced that--on the occasion of International anti-Corruption Day--the Department of State has designated 12 individuals from 7 countries for significant corruption and also named another 18 family members. In five of the designations, the Treasury Department has invoked Global Magnitsky sanctions for their roles in corruption. The Democracy Summit is being built around three principal themes: defending against authoritarianism, promoting respect for human rights, and fighting corruption. Corruption is the means and the method for kleptocratic rulers around the world to steal from their own people and to stash their wealth in safe havens, most often in the democratic Western world. This is directly and intimately connected to the undermining of the rule of law and the repression of human rights in these same countries--which is why I was so pleased to see that, on June 3 of this year, President Biden declared the fight against corruption to be “a core national security interest.” And he directed his National Security Advisor to develop a comprehensive strategy to address the problem. Accordingly, earlier this week, in the run-up to the Democracy Summit, the White House published the first “United States Strategy on Countering Corruption.” The strategy is a 38-page document that describes several major lines of effort in the new strategy. Among the document's commitments are pledges to crack down on dirty money in U.S. real estate, to require certain gatekeepers to the U.S. financial system such as attorneys, accountants, and investment advisers to perform greater due diligence on their prospective clients, and to make it a crime for foreign officials to solicit or accept bribes from U.S. companies. If this strategy is matched with appropriate resources, it has the power to fundamentally change the calculus for kleptocrats and redirect stolen funds back to the original problems they were meant to fund such as fighting the pandemic, countering the effects of climate change, funding economic development and opportunity. We in the Congress can do our part by passing pending legislation that would further strengthen the hand of the U.S. Government in this effort. While there are a number of valuable proposals pending, there are two that I suggest would be the most impactful and necessary. The first is the Combating Global Corruption Act, S. 14, which I introduced and was cosponsored by my Republican friend from Indiana, Mr. Young, which would create an annual global report, modeled in some ways on the Trafficking-in-Persons report, in which the State Department would assess how earnestly and effectively the governments of the world are living up to the commitments they have made in international treaties and covenants. The report would also place the countries of the world in 3 tiers, according to how well they are doing. And for those in the lowest performing tier, likely the governments that are actually kleptocracies, the bill asks that the executive branch assess government officials in those places for possible designation for Global Magnitsky sanctions. The second is the Global Magnitsky Human Rights Accountability Act, S. 93, which I introduced and was cosponsored by my Republican friend from Mississippi, Mr. Wicker, which would permanently reauthorize the existing Global Magnitsky framework and to widen the aperture of the law to encompass more bad actors and actions. Both these measures have been reported favorably and unanimously by the Senate Committee on Foreign Relations, and both are ready for final action by the Senate. As President Biden convenes the Democracy Summit today, with its major focus on the battle against corruption, it would be timely for the Senate to demonstrate our resolve as well. So I hope that my colleagues here in the Senate will agree in the coming days to adopt these two bills, so that we may take them to the House of Representatives, where they also enjoy bipartisan support, and get them onto the desk of President Biden during the coming year. Participating governments in the Democracy Summit, including the United States, are making commitments to strengthen their own democracies in the next 12 months, in advance of a second summit that is envisioned for next December. The American position will be enhanced if we have enacted these laws before then. Mr. President, I ask unanimous consent that selected excerpts of the “United States Strategy on Countering Corruption” be printed in the Congressional Record.

  • Uniting Against Corruption

    At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax formally launched the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy.  The launch immediately preceded President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries committed to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, welcomed the formation of the alliance at the kickoff event. The event began with opening remarks from Chairman Cardin, and then featured remarks from several other parliamentarians: U.S. Representatives Tom Malinowski (NJ-07) and Helsinki Commission Ranking Member Joe Wilson (SC-02); Members of the UK Parliament Margaret Eve Hodge (Barking) and Andrew John Bower Mitchell (Sutton Cornfield); and Members of the European Parliament Daniel Freund (Germany), Katalin Cseh (Hungary), and Lara Wolters (Netherlands). Helsinki Commission Senior Policy Advisor Paul Massaro moderated the discussion. Chairman Cardin traced the history of successful anti-corruption legislation in the United States. He touched on the Foreign Corrupt Practices Act of 1977, the Money Laundering Control Act of 1986, and the Global Magnitsky Act of 2016 as examples both of bipartisan cooperation and of U.S. leadership in the international fight against corruption.  The next step, he said, is dealing with enablers. “These are the accountants, the lawyers, the financial advisers. They allow kleptocrats to be able to do their corruption through the use of rule of law of other countries,” he noted. Rep. Malinowski stressed the connection between corruption and authoritarianism: “Corruption is the reason for being for most authoritarian regimes. It sustains them. It profits them.” Nonetheless, he observed that corruption is also a vulnerability for such regimes, as citizens ultimately refuse to accept kleptocratic leaders. Rep. Malinowski then discussed the ENABLERS Act, which seeks to close loopholes that enable kleptocrats to hide their money. MP Hodge echoed the need to address the enablers of corruption, the structures “through which the world’s crooks and kleptocrats take their stolen money and let it disappear.”  She then explained her push, along with MP Mitchell and others, for a public register of beneficial ownership to combat the role of property in UK money laundering. MP Mitchell further discussed the push for a public register of beneficial ownership, a particularly important policy as the UK “may be responsible for up to 40 percent of the money laundering that goes on in the world.” MP Freund continued the discussion of transparency, emphasizing that the European Parliament cannot see the final beneficiaries of EU-funded projects. He welcomed the possibility of working with the new U.S. administration and cited the success of the Magnitsky sanctions as an instance of effective U.S. leadership against kleptocracy and corruption. Rep. Wilson echoed MP Freund’s enthusiasm for cooperation, calling corruption “a bipartisan and cross-border problem” that requires cooperative solutions. Like Rep. Malinowski, he noted the link between corruption and authoritarianism and suggested that closing the loopholes available to authoritarian governments requires international cooperation. MP Cseh built on the previous discussion of authoritarianism, adding that corruption is inseparably linked with human rights abuses.  “Autocrats and oligarchs oppress their people so that they can enrich themselves… and they are desperately holding onto power because they want to escape prosecution for corruption,” she said. She then drew on her experience as a Hungarian opposition politician to discuss the connection between corruption and democratic backsliding. MP Wolters delivered the final remarks of the event on the new state of the EU in light of Hungary’s democratic backsliding.  “I don’t think the EU was ever designed with the idea that we would end up with strange bedfellows internally within our system,” he said. This breach in EU sanctity entails new problems as these “strange bedfellows” have access to funding meant improve the lives of EU citizens. The event concluded with questions from the audience. Chairman Cardin and Rep. Malinowski responded to question on the resources available to victims of corrupt and kleptocratic regimes, and MPs Freund and Cseh addressed the potential for proactive measures against interference by kleptocratic regimes in legislatures. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Helsinki Commission Mourns Death of Senator Bob Dole

    WASHINGTON—Following the death of Senator Bob Dole, 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: “Senator Dole, who served as the co-chairman of the Helsinki Commission from 1981 to 1985, will be remembered for his efforts to elevate the role of the Senate in the work of the Helsinki Commission and for his support for peace, security, democracy, and human rights for all. “As a participant in early meetings of the Helsinki diplomatic process, he helped develop a tradition of frank and direct exchanges of views between participating countries on human rights concerns, particularly the incarceration of Helsinki human right monitors in the Soviet Union and crackdowns on dissent in Eastern Europe. In the early 1990s, he worked closely with commission leadership advocating for a decisive international response, led by the United States, to the aggression and ethnic cleansing taking place in Bosnia and Herzegovina. After leaving the Senate, Senator Dole traveled to Kosovo in 1998 to document atrocities occurring there and subsequently testified about his findings at a Helsinki Commission hearing.  “We will always be grateful for Senator Dole’s enormous contribution to the Helsinki Commission and to its mission.”

  • Inter-Parliamentary Alliance Against Kleptocracy to Unite Political Leaders in Transatlantic Battle Against Corruption

    BRUSSELS, LONDON, WASHINGTON—At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax will formally launch the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy.  The launch immediately precedes to President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries will commit to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, will welcome the formation of the alliance at the kickoff event. UNITING AGAINST CORRUPTION Launch of the Inter-Parliamentary Alliance against Kleptocracy Tuesday, December 7, 2021 11:00 a.m. ET Register: https://bit.ly/3IsbbvY “Countering corruption—a clear national security threat—is one of the three pillars of the upcoming Summit for Democracy. For me, it is an essential aspect of the meeting,” said Chairman Cardin. “It isn’t enough that the United States prioritizes the fight against corruption. To curb this global scourge, democracies must work together. I welcome the formation of the Inter-Parliamentary Alliance against Kleptocracy, which will help harmonize our approaches to countering corruption and closing our systems to dirty money.” The Inter-Parliamentary Alliance against Kleptocracy is an alliance of legislative groups committed to countering the threat of global corruption. The new alliance will focus on fighting kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Because the fight against foreign corruption spans the globe, the alliance will enable members and staff to share perspectives and coordinate efforts to confront the growing threat of authoritarian corruption. The alliance will hold periodic events, sponsor informal roundtables and briefings with leading experts, and coordinate initiatives across borders. “Nothing gets under the skin of dictators more than democracies working together—and confronting corruption is the best way to align ourselves with public sentiment in their countries. This parliamentary alliance will help ensure that lawmakers from the world’s democracies are working together to pass and enact laws against amassing and hiding illicit wealth,” said Rep. Tom Malinowski (NJ-07), Co-Chair of the U.S. Caucus against Foreign Corruption and Kleptocracy. “Corruption is at the heart of all human rights abuse. Journalists are silenced and civil society is attacked because these individuals threaten to expose the corruption that underpins all strongmen,” said Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), a member of the U.S. Caucus against Foreign Corruption and Kleptocracy. “By uniting with our allies to root out corruption, we take aim at the very essence of authoritarianism. That is why the Inter-Parliamentary Alliance against Kleptocracy is so important. Corruption is global by nature. But if all democracies close their doors to it, we can succeed.” “Corruption is the new communism. It is the uniting force of dictators and the system they seek to export. And like communism, the USA needs to join together with its allies to defeat it. I am pleased to welcome the establishment of the Inter-Parliamentary Alliance against Kleptocracy, which will unite democratic allies against the corruption of Russian oligarchs, CCP princelings, Venezuelan thugs, and Iranian mullahs,” said Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02). “We have been seeing autocrats like Viktor Orbán successfully undermining European democracy for years from within, with increasing support from their experienced counterparts in Russia and beyond. If they close their ranks, all democratic parties need to do the same. This is not a fight that a single actor can win alone,” said MEP Daniel Freund of Germany, Co-Chair of the EU Parliament Anti-Corruption Intergroup. “Kleptocrats are destroying democracy and undermining the European Union. With this alliance we can stop European autocrats like Viktor Orbán and could be a powerful tool to influence not only national legislation but agreements on fighting corruption, transparency, accountability and criminal cooperation between the EU and the US. We should keep this alliance open for national lawmakers as well within the EU, allowing for example the devoted members of the Hungarian opposition parties also to join and commit themselves to such a noble cause. We have to fight together and we will fight together,” said MEP Katalin Cseh of Hungary, Member of the EU Parliament Anti-Corruption Intergroup’s leadership bureau. “Dirty money is at the root of many evils. From drug smuggling to terrorism, from money laundering to human trafficking, and from fraud to corruption. But if we can follow the money then we can start to put a stop to all manner of heinous crimes. That's why the launch of the Inter-Parliamentary Alliance on Kleptocracy represents a powerful moment as the world's democracies come together for the fight against illicit finance,” said UK MP Margaret Hodges, Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “The movement of illicit finance is a global problem that requires a global solution.  The harm caused to global security and democracy is facilitated by lack of coordination between different legislatures, and I am delighted to be part of the Inter-Parliamentary Alliance on Kleptocracy.  I look forward to working with colleagues across the world to ensure that we give Kleptocrats nowhere to hide,” said UK MP Kevin Hollinrake, Vice Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “It is not enough that America fight dictators – our friends and allies must also fight them. By working together to reject blood money, we can successfully deny dictators and their cronies access to our markets. I am thrilled about the formation of the Inter-Parliamentary Alliance against Kleptocracy. This international alliance of like-minded kleptocracy fighters will ensure that killers and thugs have no safe haven,” said Rep. Maria Elvira Salazar (FL-27), a founding member of the U.S. Caucus against Foreign Corruption and Kleptocracy. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Helsinki Commission Digital Digest November 2021

  • Dictators, Inc.

    Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. On November 22, 2021 the Commission on Security and Cooperation in Europe hosted a briefing examining the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists discussed the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. Vladimir Milov, a Russian opposition politician and economist, discussed how American companies like Google and Apple could be coerced into succumbing to the Russian government’s censorship demands. He noted that the situation isn’t all bad: Google and Apple had resisted past censorship requests by the Russian government. However, the removal of an app created by Alexei Navalny’s organization to help coordinate protest votes in the 2021 Duma elections was problematic; there was nothing illegal about the content, and tech companies like Apple and Google removed them without communicating a legal explanation for doing so, Milov said. Milov suggested that first, companies should not give in to these types of demands by governments so as not to embolden them, and second, should make such communication with governments public to provide transparency. Matt Schrader, Advisor for China at the International Republican Institute, described how the Chinese Communist Party tries to influence other countries’ political systems by leveraging economic access. He pointed toward the People’s Republic of China’s use of its embassies abroad to form mutually beneficial relationships with businesses and wealthy individuals to influence political discourse and curry support for China. In the United States, for instance, this support can come in the form of lobbying against laws such as the Uyghur Human Rights Act, Schrader said. Another example, Schrader continued, is the film industry. China is a large market, and film companies are denied access to the Chinese market if they produce any films critical of China. Finally, Schrader pointed out the importance of the megaphone of celebrity in combating human rights violations. For example, efforts by U.S. tennis player Serena Williams and other athletes to raise awareness about missing Chinese tennis player Peng Shuai has led to serious discussion about moving the 2022 Beijing Winter Olympics, while the ongoing genocide of the Uyghurs in Xinjiang has not. Karen Sutter, Specialist in Asian Trade and Finance at the Congressional Research Service, focused on the Chinese government’s increased economic pressure on countries, organizations and individuals to conform to China. According to her, the line between the government’s use of its authority and its commercial interest has been blurred. This includes rulings on anti-trust, business licensing, and other matters. “China’s use of economic coercion to push through policy goals is intensifying,” Sutter said, adding that this coercion is not limited to individuals or companies operating in China, creating gaps in public awareness in third countries, and taking away the ability to have public, informed debates on issues related to China. Sutter elaborated on several tools the United States could use to respond to China, including examining Chinese tactics, acknowledging that China benefits from the U.S. interest in its market, and understanding how China uses measures and countermeasures that put American companies in the middle of disputes between the two governments. Sutter continued by explaining that this system of measures and countermeasures as well as the asymmetric access to the economy poses the greatest challenge. Asked whether there is any indication that China’s influence over American enterprises could position China for a military advantage, Sutter pointed toward the issue of dual-use technologies and technological transfer to the Chinese government itself. She questioned whether other countries would backfill such arrangements if the United States imposed restrictions, and then further asked if there was a good way to impose restraints on or consequences for malign Chinese behavior. Schrader added that China sees embeddedness in globalization as a source of power and seeks to position itself to benefit the most it can from technological and scientific innovation. On the question of companies like Apple or Google “decoupling” from Russia and China, Milov responded that these companies would reach a point at which it would no longer be worth it to operate in country. He suggested, however, that companies could operate in Russia without a physical presence and thus limit their exposure to coercion. Sutter added that decoupling is not limited to U.S. companies looking to leave China. Rather, Chinese industrial policy shows attempts towards becoming self-sufficient in the areas of aircraft, semiconductors, medical equipment, and other key areas. In the meantime, Sutter said to end her testimony, the United States and Europe could use the threat of decoupling as leverage. Related Information Panelist Biographies China’s Recent Trade Measures and Countermeasures: Issues for Congress

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