A ten-step program can close loopholes in the US legal system, strengthen enforcement mechanisms, and generate broader momentum for an international war on kleptocracy. While I [the author] offer these steps with the United States in mind, they invoke general principles that all liberal democracies should rally behind.
End anonymous shell companies. Federal law should require the real ownership of all US companies and trusts to be disclosed and listed in a register, which would be accessible at least to law enforcement agencies and ideally to the public (as is done in the United Kingdom). Deception by owners or agents to mask real ownership should meet with serious civil or criminal penalties. Moreover, the United States should encourage other states to adopt similar laws requiring full transparency in business ownership.
End anonymous real estate purchases. Washington should require all real estate purchases in the United States to reveal the true owner behind the purchase. Real estate agents, lawyers, and other professionals and firms involved in these transactions should have to undertake serious due diligence to verify the true identity of the purchaser, with biting penalties for negligence or deliberate noncompliance. And a new law should forbid any US government agency (especially those conducting sensitive work) from leasing office space from unknown owners or from any owner or business linked to an authoritarian or corrupt government.
Modernize and strengthen the Foreign Agents Registration Act (FARA). We should close the loophole that enables many agents for foreign principals to simply register under less onerous reporting requirements as lobbyists. We need an integrated system for reporting all lobbying and public relations advocacy on behalf of foreign interests. This line of work has exploded in recent years, with an estimated one thousand US lobbyists working for foreign principals, but almost no one is ever prosecuted for noncompliance with the law. The US Justice Department has a staff of only eight people working to enforce FARA; the department needs more staff, more investigative powers, and more painful civil or criminal penalties for violations.
Strengthen prohibitions and monitoring of political contributions by foreign actors. Foreign political and campaign contributions are forbidden in the United States (except by permanent residents), but only comprehensively at the federal level, and some foreign contributions could be filtering in through donations made by lobbyists and agents for foreign actors. Foreign contributions to all candidates and political campaigns, at every level of government, should be prohibited in the United States, and all political contributions by foreign agents should be monitored by a well-staffed federal agency. Other democracies around the world should also ban foreign financial contributions to their political parties and campaigns.
Ban former US officials and members of Congress from lobbying for or representing foreign governments. Soon after entering the White House in January 2017, President Trump signed an executive order restricting the future lobbying activities of his political appointees and banning them for life from lobbying for foreign governments or political parties. This lifetime ban should be embedded in law and extended to retired members of Congress as well. And the Justice Department should maintain a list of foreign businesses, foundations, and organizations that, because of links to their authoritarian governments, are also off-limits for representation by former US officials. We may even want to go further: do we really want to allow some future retired American official or member of Congress to work for a company effectively controlled by the Kremlin or the Chinese Communist Party? [read more]
Source: Hoover Digest Summer 2021 No. 3. (2021) “Exposing the Kleptocrats.” by Larry Diamond.
Good plan but Congress won’t implement it because they benefit from the kleptocracy.
The rest of the steps:
- Modernize the anti-money-laundering system.
- Increase the resources that the United States and other rule-of-law states devote to monitoring, investigating, and prosecuting grand corruption and money laundering.
- Strengthen cooperation among democracies in fighting kleptocracy and ending “golden visas.”
- Raise public awareness about kleptocracy in Russia and other offending states.
- Increase international support for investigative journalism, NGOs, and official institutions working to monitor and control corruption around the world.
