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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 856 Introduced in House (IH)]

<DOC>

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 efforts to develop 
     an effective, independent International Anti-Corruption Court.

Whereas kleptocracy involves a country's leaders at the highest levels illegally 
        using public power for private gain, including 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;
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 countries;
Whereas an environment of criminality creates incentives for human rights 
        abuses, including restrictions on the freedom of the press, as leaders 
        stigmatize and silence those who would shed light on their activities;
Whereas kleptocracy also undermines human rights by stealing funds that could 
        otherwise be invested in health, education, safe drinking water, and the 
        defense and promotion 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 disproportionately 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 generating 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 coordinated international 
        response;
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 legislation 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 Development's 
        Convention on Combating Bribery of Foreign Public Officials in 
        International Business Transactions;
Whereas existing international conventions facilitate interstate cooperation in 
        the fight against many forms of corruption, 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 corruption by reducing impunity for acts of 
        grand corruption around the world;
Whereas an IACC would complement efforts to enforce anti-kleptocracy laws in 
        countries where domestic judicial systems have failed;
Whereas an IACC could offer an alternative avenue for citizens of many countries 
        to pursue the return of stolen money, property, and other assets;
Whereas an IACC would be structured to fairly and independently investigate and 
        prosecute kleptocracy as defined 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 exercise of the powers of its 
        member states: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) opposes kleptocracy and grand corruption and stands in 
        solidarity with its victims around the world;
            (2) applauds the strong United States record in seeking to 
        counter kleptocracy around the world;
            (3) reiterates the deep commitment of the United States to 
        supporting global efforts to root out corruption and its 
        corrosive economic, political, and social effects by fostering 
        accountability and promoting good governance; and
            (4) supports United States efforts to engage in the 
        development of an effective, independent International Anti-
        Corruption Court (IACC).
                                 <all>
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