The Anti-Corruption Action Centre requests that the US Treasury Department designate Andriy Portnov for sanctions. Portnov is a former Ukrainian official who fled to Russia in 2014 and has strong ties to Russian interests. He conspired with sanctioned Russian agent Andriy Derkach to interfere in the 2020 US presidential election and spread their anti-US disinformation campaign. Portnov also continues undermining Ukrainian democratic institutions by disseminating Russian propaganda and using his influence over the judiciary to advance pro-Russian policies. Based on these actions, the organization requests that Portnov be added to the OFAC sanctions list.
1. Office of Foreign Assets Control
U.S. Department of the Treasury
Treasury Annex
1500 Pennsylvania Avenue, NW
Washington, DC 20220
May 11, 2021
RE: Request to designate Andriy Portnov to the OFAC sanction list
Dear Colleagues,
The Anti-corruption Action Centre, Ukrainian civil society organization aimed at
tackling grand political corruption, would like to express to you our sincere respect in
your work towards sanctioning individuals and legal entities posing threat to the
democratic institutions in Ukraine and facilitating Russian interests to destabilize our
country.
We believe that the US sanctioning regime is a powerful tool against dangerous
individuals who aim to undermine the democratic institutions and destabilize
relations between the US and Ukraine in favor of Russia. We would like to present the
facts confirming connections of Ukrainian politician Andriy Porntov with Russian
agent Andriy Derkach and Portnov’s activities as pro-Russian actor aimed at
advancing Russian policies and undermine democratic institutions in Ukraine.
Facts
Andriy Portnov is former deputy head of Administration of President of Ukraine Viktor
Yanukovych (2014). In 2007-2010, he was Member of Parliament of Ukraine. In 2009-
2014, he was a member of the High Council of Justice. Portnov was actively involved
in the illicit control over law enforcement and judiciary on behalf of Yanukovych. In
2014, he was included in the EU sanction list for misappropriation of state funds, then
fled from Ukraine to Russia. Portnov returned to Ukraine in May 2019 and resumed his
active media and political presence.
Portnov is acting as agent of Russian interests in Ukraine. He advances the messages
of Russina propaganda through his accounts in social media and appearances
on Russian state-owned TV channels or pro-Russian TV channels in Ukraine. Portnov
2. uses his connections within Ukrainian law enforcement and judiciary to advance
Russian political agenda in Ukraine.
Attempt to meddle with US election campaign 2019-2020
In 2019-2020, Andriy Portnov conspired with Andriy Derkach in a public campaign
aimed at interfering with the presidential election campaign in the US. On September
10, 2020, Andriy Derkach was designated to the OFAC sanctions list for “his efforts to
influence the 2020 U.S. presidential elections”. Portnov has an active role in the
campaign.
In Ukrainian media Portnov was one of the most active speakers and supporters of
the so-called “Derkach tapes” (recordings aimed at smearing US presidential
candidates and alleging him in illicit activities in Ukraine). He was especially active on
the media channels belonging to Viktor Medvedchuk (close friend of Vladimir Putin,
Russian agent in Ukraine, under US sanctions since 2014) and using his social media
accounts. His role was to explain and legitimize the substance of the so-called
“recordings”.
Portnov prepared the “Plan of investigation of the tapes” and published it on his
website. His publication then was actively spread by Ukrainian and Russian media. It
suggested to start criminal investigation against former President Poroshenko and
use the tapes as the main evidence against him. Later, the tapes would have been
recognized in the Ukrainian court as substantive evidence. Having this court
legitimization they would have been used as proof in the US to intervene with
disinformation campaign in the US elections. He voiced the supposed course of action
in numerous media appearances. He suggested the course of action to the
representatives of the government as a way to persecute former President
Poroshenko. If they agreed for his plan, he would use his influence within law
enforcement and courts to guarantee the necessary decisions.
Dissemination of Russian Propaganda
Portnov and his associates are actively disseminating Russian propaganda in Ukraine.
He is making persisting appearances at Russian state-owned media channels and the
Medvedchuk’s TV channels in Ukraine – 112, Newsone, Zik. Their goal is to promote
Ukraine as “failed state”, “external governance”, failure of reforms in Ukraine and
Ukrainian illegal action on the Eastern frontline.
In June 2019, Portnov launched his own show on Medvedchuk’s NewsOne channel. In
Nobember 2019, Portnov launched similiar show on Medvedchuk’s 112 TV channel.
Portnov used his affialiation to 112 channel to harass the investigative journalists of
Radio Free Europe.
In summer 2018, Portnov briefly owned News One channel, presumably to serve as an
intermediary during the change of control over the TV channel to Taras Kozak
(associate of Viktor Medvedchuk).
3. Obstruction of justice in Ukraine
Although Portnov has leaved a public office in 2014, he still retains significant influence
over law enforcement and judiciary in Ukraine. During Yanukovych’s presidency,
Portnov was an architect of the politically loyal, dependent and corrupt system. He
also personally appointed loyal people to the courts, investigative bodies, and
prosecutor offices. Many of this people owe their wealth, power and positions to him
until now. He uses his connections acting as an intermediary to influence law
enforcement officers or judges to guarantee necessary actions or court decisions for
pro-Russian political forces, Ukrainian public officials or oligarchs.
In 2009-2013, Portnov helped Yanukovych and his family to capture the power in
Ukraine and undermine democratic institutions. Portnov formed a loyal and
dependent system that would easily follow political instructions. He lobbied
establishment of the system of judicial self-governance that seemingly followed the
international standards, but in fact established the system of captured judiciary
controlled by “judicial clans” and promoting corruption within the system.
In 2013-2014, during the Revolution of Dignity in Ukraine, Andriy Portnov used judiciary
as one of the tools of the government to suppress peaceful protests. Judges decided
en masse to ban peaceful assemblies, deprive participants of driving licences for their
trip to Yanukovych's Mezhyhirya residence, and detain protesters. For instance, in
2015, the judges testified that in 2014 they received instructions from the Presidential
Administration to make the most severe decisions against protesters.
Portnov continues to maintain control over the judiciary even at the present moment.
For instance, in January 2020, Judge of the Pechersk District Court of Kyiv Svitlana
Volkova illegally ruled that Andriy Portnov, who fled to Russia with Yanukovych in
2014, had lived in Ukraine for the last 5 years. Volkova owes her position to Portnov. In
2007, the Parliament dismissed her for violating the oath, but she quickly returned to
the judiciary. In 2014, Svitlana Volkova released from detention ex-Berkut (riot police)
officer, suspected of shooting 39 protesters. Consequently, he has managed to escape
from Ukraine, he is still hiding from the investigation. In August 2020, Volkova made
another decision in favor of Portnov. She denied the driver of the investigation
program "Schemes" to satisfy the claim against Portnov for disclosure of personal data
.
Since 2019, Andriy Portnov is initiating series of lawsuits on various politically
significant matters and illegally secures decisions of doubtful legality in his favour in
courts, which had a wide media coverage and were aimed to polarize, anger general
public in Ukraine and develop Russian propaganda narratives. In January 2021, the
Kyiv District Administrative Court upheld Portnov's lawsuit and banned the
celebration of the birthdays of prominent Ukrainian figures. At the same time, this
court granted another Portnov’s claim obliging the Ministry of Education to rewrite
the history textbook in the part describing the events of the Revolution of Dignity.
The fact that Portnov continues to have an informal influence on the judiciary is also
stated by the former head of the Department of Special Investigations of the
4. Prosecutor’s General Office, commenting on the criminal cases investigated by the
department.
Request
Andriy Portnotv has conspired with Andriy Derkach and attempted to influence the
US presidential election campaign in 2019-2020. He undermines the democratic
institutions in Ukraine as well as attempts to harm the external policies of the US and
advance Russian political agenda.
Therefore, we request the US Treasury Department to designate into the OFAC
list Andriy Volodymyrovych Portnov, born on October 27, 1973.
Sincerely,
Daria Kaleniuk,
Executive Director