[Congressional Record Volume 167, Number 185 (Thursday, October 21, 2021)]
[Senate]
[Pages S7144-S7145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Pandora Papers
Mr. CARDIN. Mr. President, I rise today to sound the alarm on the
national security threat that corruption represents and to echo the
determination President Biden made earlier this year that corruption
constitutes a core national security threat to the United States.
Along with many of my colleagues in this body, I have worked long and
hard to fight corruption, which undermines democracy, human rights, and
the rule of law and is behind so many of the persistent problems that
we seek to solve.
The International Consortium of Investigative Journalists--involving
150 media outlets, including the Washington Post and the Organized
Crime and Corruption Reporting Project--conducted an investigation of
corruption leading to the publication of the Pandora Papers.
The Pandora Papers reveal the astonishing extent to which
questionable financial flows are entering our country and that of our
allies. Those warrant further review. Although we had known that such a
system of offshore financing exists, it is still shocking to see the
scale of the corruption, documented in great detail by emails,
contracts, and other documents.
Foreign dictators, their associates, and other foreign officials have
stolen untold sums--billions of dollars--and moved that dirty money
into our democracies, into our real estate, bank accounts, trusts, and
other financial instruments. This is a profound threat to our national
security. It hollows out the rule of law abroad and now threatens to
hollow out the rule of law at home.
Foreign kleptocrats cannot do this alone. Although the kleptocrats
may steal abroad, to taint our political system with that money
requires the assistance of enablers--American lawyers, accountants,
trust and company service providers, real estate professionals, and the
like--who put aside any moral qualms that they may have
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about working for the enemies of democracy to obtain a small slice of
ill-gotten gains.
The Pandora Papers make clear that U.S. enablers apparently play an
outsized role in helping to move stolen assets from dictatorships and
struggling democracies into consolidated democracies--an appalling and
corrupt transfer of wealth from those who need it the most to those who
have no need for it at all.
All told, the Papers include documents from 206 U.S. trusts in 15
States and Washington, DC, and 22 trustee companies.
While there is obviously much legitimate business to be done in
creating and managing trusts and investments--and we should be careful
about overstating or generalizing without careful examination of each
case--it appears that some Americans have knowingly played a
significant role in facilitating corruption.
The Papers include 300 political leaders and public officials from
more than 90 countries and territories--although no Americans and
exceedingly few Western Europeans. This comes as no surprise. The
movement of corrupt money runs east to west, not west to east. It is
the tragedy of the post-Cold War world that corruption has come west
along with dirty money rather than democracy going east.
There are names in the Papers that also come as no surprise, such as
Vladimir Putin's cronies Konstantin Ernst and Gennady Timchenko. Both
are included on Alexei Navalny's list of 35 human rights abusers and
kleptocrats. Timchenko is already under U.S. sanctions, although Ernst
is not. Now would be a good time to consider imposing sanctions on him.
The Aliyevs of Azerbaijan also make an appearance. They collectively
own a real estate empire in London worth $700 million. A Chinese
Communist Party official also was found to have used an offshore
company to trade in U.S. stocks.
Now, here is the good news. It doesn't have to be this way. The
triumph of global kleptocracy is not inevitable. We can fight back, and
we are.
Never before has there been an American administration so focused on
countering such corruption or a Congress so creative and aggressive in
facing down the threat. President Biden is the first President ever to
declare countering corruption to be a core U.S. national security
interest.
Congress has formed a bipartisan Caucus against Foreign Corruption
and Kleptocracy. The House recently passed no fewer than six different
counterkleptocracy measures in the National Defense Authorization Act,
which included bills I authored in the Senate. Now, it is incumbent
upon us to do the same in the Senate and pass these bills.
First is the Combating Global Corruption Act, S. 14, which would
create a public and tiered country-by-country reporting requirement on
compliance with international anti-corruption norms and standards.
Those countries in the lowest tier of this report would have their
leadership evaluated for Global Magnitsky sanctions. Then there is the
Global Magnitsky Reauthorization Act, S. 93, which would reauthorize
and enhance these critical sanctions for targeting global kleptocrats
and human rights abusers--exactly the sort of people identified by the
Pandora Papers.
Just before the recess, I introduced S. 2986, a new measure with
Senator Wicker, that would require the administration to evaluate the
Navalny 35 for Global Magnitsky Sanctions. Russian opposition leader
Alexei Navalny's Anti-Corruption Foundation, in a letter addressed to
President Joe Biden earlier this year, called for the United States to
impose sanctions on dozens of Russian oligarchs and government
officials, whom it credibly accuses of political persecution, human
rights abuses, and corruption. I agree with the Navalny team and urge
the administration to move forward on this request.
All three of these measures have been included in the House version
of the NDAA--the National Defense Authorization Act--and I urge my
colleagues to include them in the Senate version as well.
The Pandora Papers are a wake-up call to all who care about the
future of democracy. Thirty years after the end of the Cold War, it is
time for democracies to band together and demand an end to these
unprecedented corruptions that has come to the defining feature of the
global order. We must purge the dirty money from our system and deny
kleptocrats safe haven. It will take hard decisions and difficult
reforms, but we can get this done. We already have a bipartisan
commitment momentum in order to accomplish these results. Now it is
time that we see this through in the U.S. Senate.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Iowa is recognized.