,,ii #aafth ,,congress #ast ,session ,s4 #cjbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aa1 #bjai,mr4 ,cardin 7for himself and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote international efforts in combating corruption1 kleptocracy1 and illicit finance by foreign officials and other foreign persons1 including through a new anti-corruption action fund1 and for other purposes4 #a4 ,short titles2 table of contents 7a7 ,short titles ,this ,act may be cited as the ,countering ,russian and ,other ,overseas ,kleptocracy ,act or the ,,crook ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short titles2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,sense of ,congress regarding international standards4,sec4 #e4 ,statement of policy4,sec4 #f4 ,anti-,corruption ,action ,fund4,sec4 #g4 ,interagency ,task ,force4,sec4 #h4 ,designation of embassy anti-corruption points of contact4,sec4 #i4 ,reporting requirements4 #b4 ,findings ,congress finds the following3 7#a7 ,authoritarian leaders in foreign countries abuse their power to steal assets from state institutions1 enrich themselves at the expense of their countries' economic development1 and use corruption as a strategic tool both to solidify their grip on power and to undermine democratic institutions abroad4 7#b7 ,global corruption harms the competitiveness of ,united ,states businesses1 feeds terrorist recruitment and transnational organized crime1 enables drug smuggling and human trafficking1 and stymies economic growth4 7#c7 ,illicit financial flows often inconspicuously penetrate a country through what appears to be legitimate financial transactions1 as kleptocrats launder money1 use shell companies1 amass offshore wealth1 and participate in a global shadow economy4 7#d7 ,the government of ,vladimir ,putin in ,russia is the leading model of this type of foreign kleptocratic system1 using corruption to erode democratic governance from within and discrediting democracy abroad1 thereby strengthening his authoritarian rule4 7#e7 ,russia uses stolen money-- 7,a7 to purchase key assets in other countries1 particularly with a goal of attaining monopolistic control of a sector2 7,b7 to gain access to and influence the policies of democratic countries2 and 7,c7 to directly fund political parties and organizations that advance ,russian interests in other countries1 particularly those that undermine confidence and trust in democratic systems4 7#f7 ,thwarting these tactics by ,russia and other kleptocratic governments requires the international community to strengthen democratic governance1 the rule of law1 and international cooperation in combating illicit finance1 especially by empowering reformers in foreign countries during historic political openings for the establishment of the rule of law in those countries4 7#g7 ,new reformers in foreign countries must act quickly to seize political openings for anti-corruption reform4 ,since such reformers are often outsiders with little government experience1 they may need significant technical assistance to root out deep-seated corruption4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,c7 the ,committee on ,finance of the ,senate2 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,e7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,f7 the ,committee on ,ways and ,means of the ,house of ,representatives4 7#b7 ,foreign assistance ,the term foreign assistance means foreign assistance authorized under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbea et seq474 7#c7 ,foreign state ,the term foreign state has the meaning given such term in section #afjc7;a7 of title #bh1 ,united ,states ,code4 7#d7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 7#e7 ,public corruption ,the term public corruption means the unlawful exercise of entrusted public power for private gain1 including by bribery1 nepotism1 fraud1 or embezzlement4 7#f7 ,rule of law ,the term rule of law means the principle of governance in which all persons1 institutions1 and entities1 whether public or private1 including the state1 are accountable to laws that are-- 7,a7 publicly promulgated2 7,b7 equally enforced2 7,c7 independently adjudicated2 and 7,d7 consistent with international human rights norms and standards4 #d4 ,sense of ,congress regarding international standards ,it is the sense of ,congress that the foundation for foreign states to fight corruption1 kleptocracy1 and illicit finance includes-- 7#a7 the ,united ,nations ,convention against ,corruption1 done at ,new ,york ,october #ca1 #bjjc2 7#b7 recommendations of the ,financial ,action ,task ,force comprising the ,international ,standards on ,combating ,money ,laundering and the ,financing of ,terrorism ,proliferation2 7#c7 7,a7 the ,convention on ,combating ,bribery of ,foreign ,public ,officials in ,international ,business ,transactions of the ,organisation for ,economic ,co-operation and ,development1 done at ,paris ,december #ag1 #aiig 7commonly referred to as the ,anti-,bribery ,convention72 7,b7 the ,recommendation of the ,council for ,further ,combating ,bribery of ,foreign ,public ,officials in ,international ,business ,transactions1 adopted ,november #bf1 #bjji2 7,c7 the ,recommendation of the ,council on the ,tax ,deductibility of ,bribes to ,foreign ,public ,officials1 adopted on ,april #aa1 #aiif2 and 7,d7 other related instruments2 7#d7 legal instruments adopted by the ,council of ,europe and monitored by the ,group of ,states against ,corruption1 including-- 7,a7 the ,criminal ,law ,convention on ,corruption1 done at ,strasbourg ,january #bg1 #aiii2 7,b7 the ,civil ,law ,convention on ,corruption1 done at ,strasbourg1 ,november #d1 #aiii2 7,c7 the ,additional ,protocol to the ,criminal ,law ,convention on ,corruption1 done at ,strasbourg ,may #ae1 #bjjc2 7,d7 the ,twenty ,guiding ,principles for the ,fight against ,corruption1 done at ,strasbourg ,november #f1 #aiig2 7,e7 the ,recommendation on ,codes of ,conduct for ,public ,officials1 done at ,strasbourg ,may #aa1 #bjjj2 and 7,f7 the ,recommendation on ,common ,rules against ,corruption in the ,funding of ,political ,parties and ,electoral ,campaigns1 done at ,strasbourg ,april #h1 #bjjc2 7#e7 ,second ,dimension commitments of the ,organization for ,security and ,cooperation in ,europe regarding good governance1 anti-corruption1 anti-money laundering1 and related issues2 and 7#f7 the ,inter-,american ,convention ,against ,corruption of the ,organization of ,american ,states1 done at ,caracas ,march #bi1 #aiif4 #e4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to leverage ,united ,states diplomatic engagement and foreign assistance to promote the rule of law2 7#b7 7,a7 to promote the international standards referred to in section #d and other relevant international standards and best practices1 as such standards and practices develop2 and 7,b7 to seek the universal adoption and implementation of such standards and practices by foreign states2 7#c7 to support foreign states in promoting good governance and combating public corruption2 7#d7 to encourage and assist foreign partner countries to identify and close loopholes in their legal and financial architecture1 including the misuse of anonymous shell companies1 free trade zones1 and other legal structures1 that are enabling illicit finance and authoritarian capital to penetrate their financial systems2 7#e7 to help foreign partner countries to investigate and combat the use of corruption by authoritarian governments1 particularly the government of ,vladimir ,putin in ,russia1 as a tool of malign influence worldwide2 7#f7 to assist in the recovery of kleptocracy-related stolen assets for victims1 including through the use of appropriate bilateral arrangements and international agreements1 such as the ,united ,nations ,convention against ,corruption1 done at ,new ,york ,october #ca1 #bjjc2 7#g7 to use sanctions authorities1 such as the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note771 to identify and take action against corrupt foreign actors2 7#h7 to ensure coordination between departments and agencies of the ,united ,states ,government with jurisdiction over the advancement of good governance in foreign states2 and 7#i7 to lead the creation of a formal grouping of like-minded states-- 7,a7 to coordinate efforts to counter corruption1 kleptocracy1 and illicit finance2 and 7,b7 to strengthen collective financial defense4 #f4 ,anti-,corruption ,action ,fund 7a7 ,establishment ,there is established in the ,united ,states ,treasury a trust fund1 to be known as the ,anti-,corruption ,action ,fund1 for the purpose of aiding foreign states-- 7#a7 to prevent and fight public corruption2 7#b7 to develop rule of law-based governance structures1 including accountable investigation1 prosecutorial1 and judicial bodies2 and 7#c7 to supplement existing foreign assistance and diplomacy with respect to efforts described in paragraphs 7#a7 and 7#b74 7b7 ,funding 7#a7 ,transfers ,beginning on or after the date of the enactment of this ,act1 if total criminal fines and penalties in excess of #ej1jjj1jjj are imposed against a person under the ,foreign ,corrupt ,practices ,act of #aigg 7,public ,law #ie-bac7 or section #ac1 #cj;,a1 or #cb of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm1 #gh;dd-#a1 and #gh;ff71 whether pursuant to a criminal prosecution1 enforcement proceeding1 deferred prosecution agreement1 nonprosecution agreement1 a declination to prosecute or enforce1 or any other resolution1 the court 7in the case of a conviction7 or the ,attorney ,general shall impose an additional prevention payment equal to #e1jjj1jjj against such person1 which shall be deposited in the ,anti-,corruption ,action ,fund established under subsection 7a74 7#b7 ,availability of funds ,amounts deposited into the ,anti-,corruption ,action ,fund pursuant to paragraph 7#a7 shall be available to the ,secretary of ,state1 without fiscal year limitation or need for subsequent appropriation1 for the purposes set forth in this section4 7c7 ,support ,the ,anti-,corruption ,action ,fund-- 7#a7 may support governmental and nongovernmental parties in advancing the purposes described in subsection 7a72 and 7#b7 shall be allocated in a manner complementary to existing ,united ,states foreign assistance1 diplomacy1 and the anti-corruption activities of other international donors4 7d7 ,preference ,in deciding how funding from the ,anti-,corruption ,action ,fund will be allocated1 the ,secretary of ,state shall give preference to projects that-- 7#a7 assist countries that are undergoing historic opportunities for democratic transition1 combating corruption1 and the establishment of the rule of law2 7#b7 are important to ,united ,states national interests2 and 7#c7 could significantly increase the chance of a successful transition described in paragraph 7#a74 7e7 ,public diplomacy ,the ,secretary of ,state shall announce that funds deposited in the ,anti-,corruption ,action ,fund are derived from actions brought under the ,foreign ,corrupt ,practices ,act to demonstrate that the use of such funds are-- 7#a7 contributing to international anti-corruption work2 and 7#b7 reducing the pressure that ,united ,states businesses face to pay bribes overseas1 thereby contributing to greater competitiveness of ,united ,states companies4 #g4 ,interagency ,task ,force 7a7 ,in general ,the ,secretary of ,state1 in cooperation with the ,interagency ,task ,force established pursuant to subsection 7b71 shall manage a whole-of-government effort to improve coordination among ,federal departments and agencies and donor organizations with a role in-- 7#a7 promoting good governance in foreign states2 and 7#b7 enhancing the ability of foreign states to combat public corruption4 7b7 ,interagency task force ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall establish and convene an ,interagency ,task ,force composed of-- 7#a7 representatives appointed by the ,president from appropriate departments and agencies1 including the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,department of ,justice1 the ,department of the ,treasury1 the ,department of ,homeland ,security1 the ,department of ,defense1 the ,department of ,commerce1 the ,millennium ,challenge ,corporation1 and the intelligence community2 and 7#b7 representatives appointed by the ,secretary of ,state from any ,federal department or agency not referred to in paragraph 7#a74 7c7 ,additional meetings ,the ,interagency ,task ,force established pursuant to subsection 7b7 shall meet not less frequently than twice per year4 7d7 ,duties ,the ,interagency ,task ,force established pursuant to subsection 7b7 shall-- 7#a7 evaluate1 on a general basis1 the effectiveness of existing foreign assistance programs1 including programs funded by the ,anti-,corruption ,action ,fund1 that have an impact on-- 7,a7 promoting good governance in foreign states2 and 7,b7 enhancing the ability of foreign states to combat public corruption2 7#b7 assist the ,secretary of ,state in managing the whole-of-government effort described in subsection 7a72 7#c7 identify general areas in which such whole-of-government effort could be enhanced2 and 7#d7 recommend specific programs for foreign states that may be used to enhance such whole-of-government effort4 #h4 ,designation of embassy anti-corruption points of contact 7a7 ,embassy anti-,corruption point of contact ,the chief of mission of each ,united ,states embassy shall designate an anti-corruption point of contact for each such embassy4 7b7 ,duties ,the designated anti-corruption points of contact designated pursuant to subsection 7a7 shall-- 7#a7 coordinate1 in accordance with guidance from the ,interagency ,task ,force established pursuant to section #g7;b71 an interagency approach within ,united ,states embassies to combat public corruption in the foreign states in which such embassies are located that is tailored to the needs of such foreign states1 including all relevant ,federal departments and agencies with a presence in such foreign states1 such as the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,department of ,justice1 the ,department of the ,treasury1 the ,department of ,homeland ,security1 the ,department of ,defense1 the ,millennium ,challenge ,corporation1 and the intelligence community2 7#b7 make recommendations regarding the use of the ,anti-,corruption ,action ,fund and other foreign assistance funding related to anti-corruption efforts in their respective foreign states that aligns with ,united ,states diplomatic engagement2 and 7#c7 ensure that anti-corruption activities carried out within their respective foreign states are included in regular reporting to the ,secretary of ,state and the ,interagency ,task ,force1 including ,united ,states embassy strategic planning documents and foreign assistance-related reporting1 as appropriate4 7c7 ,training ,the ,secretary of ,state shall develop and implement appropriate training for the designated anti-corruption points of contact4 #i4 ,reporting requirements 7a7 ,report on promoting international standards in combating corruption1 kleptocracy1 and illicit finance ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development and the ,secretary of the ,treasury1 shall submit a report to the appropriate congressional committees that-- 7#a7 summarizes any progress made by foreign states to adopt and implement each of the international standards in combating corruption1 kleptocracy1 and illicit finance referred to in section #d2 7#b7 details the efforts of the ,united ,states ,government to promote such international standards2 7#c7 identifies priority countries for outreach regarding such international standards2 and 7#d7 outlines a plan to encourage the adoption and implementation of such international standards1 including specific steps to take with the priority countries identified pursuant to paragraph 7#c74 7b7 ,report or briefing on progress toward implementation ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for the following #c years1 the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall submit a report or provide a briefing to the appropriate congressional committees that summarizes progress made in implementing this ,act1 including-- 7#a7 describing-- 7,a7 the bureaucratic structure of the offices within the ,department of ,state and the ,united ,states ,agency for ,international ,development that are engaged in activities to combat corruption1 kleptocracy1 and illicit finance2 and 7,b7 how such offices coordinate their efforts2 7#b7 identifying-- 7,a7 the amount of funds that have been deposited into the ,anti-,corruption ,action ,fund2 and 7,b7 the obligation1 expenditure1 and impact of such funds2 7#c7 describing the activities of the ,interagency ,task ,force established pursuant to section #g7;b72 7#d7 identifying-- 7,a7 the designated anti-corruption points of contact for foreign states2 and 7,b7 any training provided to such points of contact2 and 7#e7 recommending additional resources or personnel that would enhance the ability of the ,secretary to combat corruption1 kleptocracy1 and illicit finance overseas4 7c7 ,online platform ,the ,secretary of ,state1 in conjunction with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall consolidate existing reports and briefings with anti-corruption components into a single online1 public platform1 that includes-- 7#a7 the ,annual ,country ,reports on ,human ,rights ,practices required under section #aaf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean72 7#b7 the ,fiscal ,transparency ,report required under section #gjca7;b7 of the ,department of ,state1 ,foreign ,operations and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f72 7#c7 the ,investment ,climate ,statement reports2 7#d7 the ,international ,narcotics ,control ,strategy ,report2 7#e7 any other relevant public reports2 and 7#f7 links to third-party indicators and compliance mechanisms used by the ,united ,states ,government to inform policy and programming1 such as-- 7,a7 the ,international ,finance ,corporation's ,doing ,business surveys2 7,b7 the ,international ,budget ,partnership's ,open ,budget ,index2 and 7,c7 multilateral peer review anti-corruption compliance mechanisms1 such as-- 7i7 the ,organisation for ,economic ,co-operation and ,development's ,working ,group on ,bribery in ,international ,business ,transactions2 7ii7 the ,follow-,up ,mechanism for the ,inter-,american ,convention ,against ,corruption2 and 7iii7 the ,united ,nations ,convention ,against ,corruption1 done at ,new ,york ,october #ca1 #bjjc4