Opposing kleptocracy around the world and supporting efforts to develop an effective, independent International Anti-Corruption Court.

IV 116TH CONGRESS 2D SESSION H. RES. 856 Opposing kleptocracy around the world and supporting efforts to develop an effective, independent International Anti-Corruption Court. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 12, 2020 Ms. SPEIER (for herself and Mr. MCGOVERN) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Opposing kleptocracy around the world and supporting ef- forts to develop an effective, independent International Anti-Corruption Court. Whereas kleptocracy involves a country’s leaders at the high- est levels illegally using public power for private gain, in- cluding by bribery, nepotism, fraud, or embezzlement; Whereas the corrupt actions of leaders may be facilitated and enabled by professionals who provide those leaders with money management, legal public relations, and other services; Whereas kleptocracy has deprived citizens of countries across the world of billions of dollars; Whereas an estimated 5 percent of the world’s gross domestic product (GDP) is lost to corruption; VerDate Sep 11 2014 23:13 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR856.IH HR856 kjohnson on DSK79L0C42PROD with BILLS 2 •HRES 856 IH Whereas research by the International Monetary Fund has found that corruption is responsible for $1,000,000,000,000 in lost tax revenues; Whereas kleptocracy fosters an environment of criminality in a country, as leaders make corrupt use of or undermine institutions to allow them to steal, launder, hide, and store wealth, rather than effectively govern their coun- tries; Whereas an environment of criminality creates incentives for human rights abuses, including restrictions on the free- dom of the press, as leaders stigmatize and silence those who would shed light on their activities; Whereas kleptocracy also undermines human rights by steal- ing funds that could otherwise be invested in health, edu- cation, safe drinking water, and the defense and pro- motion of other rights; Whereas the amassing of illicit wealth in the hands of a few is detrimental to democratic processes and the rule of law; Whereas the World Bank has found corruption disproportion- ately harms the poor by impeding access to social services and the investment necessary for jobs and economic growth; Whereas grand corruption fuels the global migration crisis by depriving people of opportunities and livelihoods and gen- erating criminal violence, thus pushing thousands around the world to leave their kleptocratic home countries and threatening international peace and security; Whereas kleptocracy is a global problem requiring a coordi- nated international response; VerDate Sep 11 2014 23:13 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR856.IH HR856 kjohnson on DSK79L0C42PROD with BILLS 3 •HRES 856 IH Whereas the United States has long led the fight against kleptocracy domestically and internationally; Whereas the Foreign Corrupt Practices Act of 1977 allows the United States to prosecute businesses that engage in corrupt behavior and has served as a model for the legis- lation of other countries concerned with good governance and best practices; Whereas United States actions under the Foreign Corrupt Practices Act of 1977 have led to the seizure of millions of dollars in assets from corrupt foreign governments; Whereas the United States has used existing criminal money laundering, mail and wire fraud, and other authorities to investigate and prosecute kleptocrats for bribery; Whereas democratic countries are considering the expansion of foreign bribery laws to address the demand side of bribery; Whereas the United States is a state party to the Inter- American Convention Against Corruption, the United Nations Convention Against Corruption, and the Organisation for Economic Co-operation and Develop- ment’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; Whereas existing international conventions facilitate inter- state cooperation in the fight against many forms of cor- ruption, but are not sufficient to eliminate the impunity from which kleptocrats in many countries benefit; Whereas judicial systems in kleptocracies often fail because they have been captured or weakened by rulers seeking to protect their ill-gotten gains; Whereas an International Anti-Corruption Court (IACC) shows great promise for combating kleptocracy and cor- VerDate Sep 11 2014 23:13 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HR856.IH HR856 kjohnson on DSK79L0C42PROD with BILLS 4 •HRES 856 IH ruption by reducing impunity for acts of grand corrup- tion around the world; Whereas an IACC would complement efforts to enforce anti- kleptocracy laws in countries where domestic judicial sys- tems have failed; Whereas an IACC could offer an alternative avenue for citi- zens of many countries to pursue the return of stolen money, property, and other assets; Whereas an IACC would be structured to fairly and inde- pendently investigate and prosecute kleptocracy as de- fined by law; Whereas an IACC would be staffed with expert investigators and internationally recognized judges with the expertise and experience needed to effectively pursue kleptocracy cases; Whereas an IACC would safeguard the rights of the accused in keeping with internationally recognized due process rights; Whereas an IACC would even the playing field for United States businesses by strengthening the enforcement of antikleptocracy laws everywhere in the world; Whereas entering into international treaties is an exercise of national sovereignty; Whereas international judicial mechanisms already operate only when domestic mechanisms are unwilling or unable; and Whereas IACC rulings would be enforced through the exer- cise of the powers of its member states: Now, therefore, be it Resolved, That the House of Representatives— 1 VerDate Sep 11 2014 23:13 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR856.IH HR856 kjohnson on DSK79L0C42PROD with BILLS 5 •HRES 856 IH (1) opposes kleptocracy and grand corruption 1 and stands in solidarity with its victims around the 2 world; 3 (2) applauds the strong United States record in 4 seeking to counter kleptocracy around the world; 5 (3) reiterates the deep commitment of the 6 United States to supporting global efforts to root 7 out corruption and its corrosive economic, political, 8 and social effects by fostering accountability and 9 promoting good governance; and 10 (4) supports United States efforts to engage in 11 the development of an effective, independent Inter- 12 national Anti-Corruption Court (IACC). 13 Æ VerDate Sep 11 2014 23:13 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\HR856.IH HR856 kjohnson on DSK79L0C42PROD with BILLS