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Wikipedia

Magnitsky Act

January 01, 1970

This article is about the US law. For other nations' legislation, see Magnitsky legislation.

The Magnitsky Act, formally known as the Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, is a bipartisan bill passed by the U.S. Congress and signed into law by President Barack Obama in December 2012, intending to punish Russian officials responsible for the death of Russian tax lawyer Sergei Magnitsky in a Moscow prison in 2009 and also to grant permanent normal trade relations status to Russia.

Magnitsky Act
Long titleRussia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012
NicknamesMagnitsky Act
Enacted bythe 112th United States Congress
Citations
Public lawPub. L.Tooltip Public Law (United States) 112–208 (text) (PDF)
Statutes at Large126 Stat. 1496
Legislative history
  • Introduced in the House as "Russia and Moldova Jackson–Vanik Repeal Act of 2012" (H.R. 6156) by Dave Camp (R-MI) on July 19, 2012
  • Committee consideration by House Ways and Means
  • Passed the House on November 16, 2012 (365–43)
  • Passed the Senate on December 6, 2012 (92–4)
  • Signed into law by President Barack Obama on December 14, 2012

The Global Magnitsky Act of 2016 within the NDAA 2017 authorizes the U.S. government to sanction those foreign government officials worldwide that are human rights offenders, freeze their assets, and ban them from entering the U.S.[1]

Background edit

In 2009, Russian tax lawyer Sergei Magnitsky died in a Moscow prison after investigating a $230 million fraud involving Russian tax officials.[2] Magnitsky was accused of committing the fraud himself by Russian officials and detained.[2] While in prison, Magnitsky developed gall stones, pancreatitis and calculous cholecystitis and was not given medical treatment for months. After almost a year of imprisonment, he was beaten to death while in custody.[3][4][5]

Magnitsky's friend Bill Browder, a prominent American-born businessman who worked extensively in Russia after the collapse of the Soviet Union, publicized the case and lobbied American officials to pass legislation sanctioning Russian individuals involved in corruption.[6] Browder brought the case to Senators Benjamin Cardin and John McCain, who proposed legislation.[7]

Law edit

In June 2012, the United States House Committee on Foreign Affairs reported to the House a bill called the Sergei Magnitsky Rule of Law Accountability Act of 2012 (H.R. 4405).[8] The main intention of the law was to punish Russian officials who were thought to be responsible for the death of Sergei Magnitsky by prohibiting their entrance to the United States and their use of its banking system.[9] The legislation was taken up by a Senate panel the next week, sponsored by Senator Ben Cardin, and cited in a broader review of the mounting tensions in the international relationship.[10][11] Browder later wrote that the Magnitsky Act found quick bipartisan support because the corruption exposed by Magnitsky was blatant beyond dispute, and "[t]here wasn't a pro-Russian-torture-and-murder lobby to oppose it."[6]p. 329

The Obama administration fought the bill until Congress signaled the 2012 Jackson–Vanik bill would not be repealed unless the Magnitsky Act passed. In November 2012, provisions of the Magnitsky bill were attached to a House bill (H.R. 6156) normalizing trade with Russia (i.e., repealing the Jackson–Vanik amendment) and Moldova.[12] On December 6, 2012, the U.S. Senate passed the House version of the law, 92–4.[9] The law was signed by President Barack Obama on December 14, 2012.[13][14][15][16]

Individuals affected edit

In April 2013, the Obama administration made public a list of 18 individuals affected by the Act. The people included on the list were:[17][18][19][20]

  • Aleksey Droganov
  • Aleksey Krivoruchko, Tverskoy District Court judge
  • Andrey Pechegin, deputy head of the investigation supervision division of the general prosecutor's office
  • Artem (Artyom) Kuznetsov, a tax investigator for the Moscow division of the Ministry of Internal Affairs
  • Dmitriy Komnov, head of Butyrka Detention Center
  • Dmitri M. Tolchinskiy
  • Ivan Pavlovitch Prokopenko
  • Kazbek Dukuzov, Chechen acquitted of the murder of Paul Klebnikov
  • Lecha Bogatyrov, implicated by Austrian authorities as the murderer of Umar Israilov
  • Natalya V. Vinogradova
  • Oleg F. Silchenko, a senior investigator for the Ministry of Internal Affairs
  • Oleg Logunov [ru]
  • Olga Stepanova, head of Moscow Tax Office No. 28
  • Pavel Karpov, a senior investigator for the Moscow division of the Ministry of Internal Affairs
  • Sergei G. Podoprigorov, Tverskoy District Court judge
  • Svetlana Ukhnalyova
  • Yelena Khimina, Moscow tax official
  • Yelena Stashina [ru], Tverskoy District Court judge who prolonged Magnitsky's detention

Other foreign individuals who have been sanctioned include:[citation needed]

January 2017 blacklisting edit

On January 9, 2017, under the Magnitsky Act, the United States Treasury's Office of Foreign Assets Control updated its Specially Designated Nationals List and blacklisted Aleksandr I. Bastrykin, Andrei K. Lugovoi, Dmitri V. Kovtun, Stanislav Gordievsky, and Gennady Plaksin, which froze any of their assets held by American financial institutions or transactions with those institutions and banned their traveling to the United States.[35][36]

Actions by the Russian government edit

In response to the adoption of the Magnitsky Act, the Russian government denied Americans adoption of Russian children, issued its own list of American officials prohibited from entering Russia, and posthumously convicted Magnitsky.[37] The Russian government reportedly lobbied against the legislation acting through a public relations company led by Kenneth Duberstein.[38] Later, a Russian lawyer, Natalia Veselnitskaya was hired to lobby against the Magnitsky Act in the US. She set up a meeting with Donald Trump's son, Donald Trump Jr., purportedly to discuss the matter.[39][40]

Ban on U.S. adoption of Russian children edit

Main article: Dima Yakovlev Law

On December 19, 2012, the State Duma voted 400 to 4 to ban the international adoption of Russian children into the United States. The bill was unofficially named after Dmitri Yakovlev (Chase Harrison), a Russian toddler who died of heat stroke in 2008 when his adoptive American father forgot he was in the back seat of his SUV.[41][42] The next year, 2013, two more laws were proposed: one was to prevent US citizens from working with political NGOs in Russia, and a second law, eventually abandoned, prevented any foreigner from speaking on state television if they discredited the state.[43]

Banning some U.S. officials from Russia edit

Main article: Guantanamo List

On April 13, 2013, Russia released a list banning 18 Americans from entering Russia for alleged human rights violations, in a response to the Magnitsky list.[44] The Russian lawmakers also banned several U.S. officials involved in the prosecution and trial of Russian arms smuggler Viktor Bout and drug smuggler Konstantin Yaroshenko, the latter still serving prison time in the United States.[45][46]

Reception edit

Australian expatriate jurist Geoffrey Robertson, who had been representing some of the Magnitsky campaigners, described the Act as "one of the most important new developments in human rights." He added that it provides "a way of getting at the Auschwitz train drivers, the apparatchiks, the people who make a little bit of money from human rights abuses and generally keep under the radar."[47]

State Duma deputy Yevgeny Fedorov argued that the real purpose of the Magnitsky bill was to manipulate key figures in big business and government, with the aim of pro-American policy in the Russian Federation.[48]

In 2018, the British parliament passed a so-called ‘Magnitsky amendment’ to the Sanctions and Anti-Money Laundering Act to give the government the power to impose sanctions on people who commit gross human rights violations.[49]

Bill Van Auken of pro-Putin World Socialist Web Site condemned the United States for what he described as invoking human rights as a cover for realpolitik in the Magnitsky Act, stating that Washington DC officials had supported "far greater crimes, [such] as when Boris Yeltsin in 1993 ordered the bombardment of the Russian White House, the seat of the country’s parliament, killing 62 people".[50][51]

The controversial 2016 Russian documentary The Magnitsky Act – Behind the Scenes presents a falsified[52] view of Magnitsky, asserting that "Magnitsky was not beaten while in police custody, and that he did not make any specific allegations against individuals in his testimony to Russian authorities".[53] In its review of the controversial documentary, The Guardian includes views of those sceptical of the documentary such as Petras Auštrevičius, Lithuanian member of the European Parliament who also serves on the Foreign Affairs Committee, who said the push to screen the film was one of several moves by the Russian authorities to weaken western confidence in its policy line and secure a review of European Union sanctions against Russia later that year.[53]

In a July 2017 interview on CNN's Fareed Zakaria GPS, Bill Browder discussed the Magnitsky Act and topics such as the reasons why Putin is directly threatened by it, the money given by the Russian government to more than 10,000 Russian human-rights abusers, the June 2016 Trump Tower meeting, and the power and influence of Russian money in Washington, D.C. at the time.[54]

Liberal Russian dissidents Vladimir V. Kara-Murza and Boris Nemtsov both approved of the act, calling it "pro-Russian."[55][56]

2017 oversight edit

President Donald Trump gave a memorandum to Congress on the implementation of the Act on April 21, 2017.[57]

In May 2017, US authorities settled a case against Prevezon Holding, one of the companies used for laundering the money exfiltrated from Russia as result of the fraud discovered by Sergey Magnitsky. The settlement dismissed the case, and the real-estate company agreed to pay a $5.8 million fine.[58][59] Also in May 2017, an investigation was started on the £6.6m allegedly transferred from the fraud scheme into a banking firm in the UK.[60]

On September 8, 2017, President Trump, in a memorandum, delegated authority to alter the financial sanctions in this act to the Secretary of the Treasury, and the issue of visas to the Secretary of State.[61]

Global Magnitsky Act edit

Passage edit

In 2016, Congress enacted the Global Magnitsky Human Rights Accountability Act, which allows the U.S. government to sanction foreign government officials implicated in human rights abuses anywhere in the world.[62]

Initially introduced as separate legislation by Senator Benjamin Cardin (D-MD) in the Senate[63] and Representative Chris Smith (R-NJ) in the House,[64] the Global Magnitsky Act was ultimately incorporated as Title XII, Subtitle F (sections 1261 through 1265) of the omnibus National Defense Authorization Act for Fiscal Year 2017 (NDAA FY 2017), which became law on December 23, 2016.[65]

Legal framework edit

The legal framework for the Global Magnitsky Sanctions consists of the following executive order, multiple public laws (statutes), and regulations:[66]

  • Executive Order
    • Executive Order 13818
  • Statutes
  • Code of Federal Regulations
    • Global Magnitsky Sanctions Regulations, 31 CFR Part 583

Sanctions imposed through EO 13818 edit

Effective 21 December 2017, U.S. President Donald Trump issued Executive Order 13818, the first implementation of the Global Magnitsky Human Rights Accountability Act, under which the U.S. government imposed sanctions against 13 individuals described as "human rights abusers, kleptocrats, and corrupt actors."[67][68] The decision was announced by US Secretary of the Treasury Steven Mnuchin.[67] President Trump said that he was "declaring a national emergency with respect to serious human-rights abuse and corruption around the world."[69] The sanctioned individuals included Yahya Jammeh, former president of The Gambia, and Roberto Jose Rivas Reyes, president of Nicaragua's Supreme Electoral Council.[70] An additional 39 affiliated companies and individuals were also sanctioned by the Treasury Department's Office of Foreign Assets Control (OFAC).[70]

Dan Gertler edit

According to The Economist, Dan Gertler, an "Israeli mining billionaire" and longtime close friend of Joseph Kabila, who was President of the Democratic Republic of the Congo (DRC) for decades, was also listed in President Trump's EO Annex and placed on the OFAC financial sanctions list.[71] All of Gertler's assets that were under U.S. jurisdiction were blocked.[68] According to a February 2018 article in The Economist, the sanctions statement said that Gertler had "amassed his fortune through hundreds of millions of dollars' worth of opaque and corrupt mining and oil deals" in the DRC.[72] Included in the Executive Order is the list of designated entities "affiliated with" Gertler:[73]

  • African Trans International Holdings B.V.
  • Almerina Properties Limited
  • Fleurette Africa Resources I B.V.
  • Fleurette African Transport B.V.
  • Fleurette Energy I B.V.
  • Interlog DRC
  • Iron Mountain Enterprises Limited
  • Karibu Africa Services SA
  • Kitoko Food Farm
  • Moku Goldmines AG
  • Moku Mines D'or SA
  • Oriental Iron Company SPRL
  • Sanzetta Investments Limited
  • Ventora Development Sasu.

In a November 28, 2019, article in The Economist, it was reported that President Trump's decision to place sanctions on Gertler, who is a close friend of then-President of the Congo, Joseph Kabila, had come as "a shock to many companies operating in the Congo." Citing Tom Perriello, who was then the United States envoy to the African Great Lakes under Barack Obama, the sanctions "probably helped push Mr. Kabila to his eventual decision to stand down in the elections that took place a year later," in the December 2018 general election.[69]

2018 edit

In June 2018, Félix Bautista, a member of the Senate of the Dominican Republic and five companies owned or controlled by him were sanctioned by the U.S. Department of Treasury under the Global Magnitsky Act due to his involvement in significant corruption. Bautista has reportedly engaged in bribery in relation to his position as a Senator, and is alleged to have engaged in corruption in Haiti, where he used his connections to win public works contracts to help rebuild Haiti following several natural disasters, including one case where his company was paid over $10 million for work not completed.[74]

In July 2018, three Nicaraguans were added to the OFAC sanctions list. Nicaraguan National Police Commissioner Francisco Javier Diaz Madriz (Diaz) and Secretary of the Mayor's Office of Managua Fidel Antonio Moreno Briones (Moreno) were sanctioned for being responsible for, or the leaders of entities involved in, serious human rights abuse in Nicaragua. Additionally, OFAC designated Jose Francisco Lopez Centeno (Lopez), the Vice President of ALBA de Nicaragua (ALBANISA) and President of Petronic, for engaging in corrupt activities.[75]

In August 2018, the Treasury Department sanctioned top Turkish government officials, Turkish Justice Minister Abdulhamit Gül and Interior Minister Süleyman Soylu, who were involved in the detention of American pastor Andrew Brunson.[76] Daniel Glaser, the former Assistant Secretary for Terrorist Financing under President Barack Obama, said: "It’s certainly the first time I can think of" the U.S. sanctioning a NATO ally. "I certainly regard it as a human rights violation to unlawfully detain somebody, so I think it falls within the scope of the Global Magnitsky Act."[77]

In November 2018, the Treasury Department announced the imposition of Global Magnitsky Act sanctions against 17 Saudi Arabian officials who "targeted and brutally killed" Saudi dissident journalist Jamal Khashoggi, who lived and worked in the United States.[78]

2020 edit

On July 9, 2020, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) sanctioned a Chinese government entity (the Xinjiang Public Security Bureau) and four current or former government officials for serious rights abuses against ethnic minorities in the Xinjiang Uyghur Autonomous Region (XUAR).[79] The sanctions were imposed on the basis of serious human rights abuses which reportedly included mass arbitrary detention and severe physical abuse, among other serious abuses targeting Uyghurs (the Turkic Muslim population indigenous to Xinjiang) and other ethnic minorities in the region.[79]

The four sanctioned individuals were:[79]

  • Chen Quanguo, Communist Party Secretary of XUAR and former Communist Party Secretary of Tibet (Tibet Autonomous Region)
  • Zhu Hailun, former Deputy Party Secretary of the XUAR
  • Wang Mingshan, incumbent Communist Party Secretary of the Xinjiang Public Security Bureau (XPSB)
  • Huo Liujun (霍留军), former Communist Party Secretary of the XPSB

On July 31, 2020, the OFAC further sanctioned Xinjiang Production and Construction Corps (XPCC), Sun Jinlong, a former Political Commissar of the XPCC, and Peng Jiarui, the Deputy Party Secretary and Commander of the XPCC, for their connection to similar human rights abuses against the ethnic minorities in XUAR.[80]

The XPCC is a paramilitary organization in the XUAR subordinate to the Chinese Communist Party (CCP), created to enhance internal control over the region.[80] XPCC was used by XUAR CCP Secretary Chen Quanguo, who was subject to similar sanctions on July 9, 2020, to implement a comprehensive surveillance, detention, and indoctrination program targeting Uyghurs and other ethnic minority groups.[80] The sanction generally prohibits all transactions by U.S. persons or taking place within the United States involving any property or interests in property of the sanctioned entities. The sanctions are listed by the OFAC as part of "an ongoing effort to deter human rights abuses in the Xinjiang region."[80]

2021 edit

Filipos Woldeyohannes, Chief of staff of the Eritrean Defence Forces (EDF), was sanctioned under the Magnitsky Act on August 23, 2021, for his command responsibility as head of the EDF, involved in war crimes and sexual violence in the Tigray War.[81]

In Paraguay, Kassem Mohamad Hijazi, Khalil Ahmad Hijazi and Liz Paola Doldan, despachantes (dispatchers) operating in the tri-border area of Brazil, Paraguay and Argentina, and whose money laundering operation was estimated to have amassed hundreds of millions of dollars, were also sanctioned by the act.[82]

Sanctions imposed through EO 13936 edit

On August 7, 2020, the U.S. Department of Treasury sanctioned 11 individuals "for undermining Hong Kong's autonomy and restricting the freedom of expression or assembly of the citizens of Hong Kong."[83]

These sanctions were made pursuant to Executive Order (E.O.) 13936, which was issued on July 14, 2020, by President Trump to declare a national emergency with respect to the situation in Hong Kong, where actions by China "fundamentally undermine Hong Kong's autonomy and democratic processes."[83]

The sanctioned individuals are:[83]

Calls for additional sanctions edit

In September 2017, a group of NGOs and anti-corruption organizations identified 15 international cases where alleged crimes were committed. Individuals from countries, including Azerbaijan, Bahrain, China, the Democratic Republic of the Congo, Egypt, Ethiopia, Liberia, Mexico, Panama, Russia, Saudi Arabia, Tajikistan, Ukraine, Uzbekistan, and Vietnam, were nominated for sanctions.[84]

In December 2017, Americans for Democracy & Human Rights in Bahrain stated that,

The Trump Administration has failed to take up cases presented regarding serious human rights abuses committed by Bahraini government officials. Ultimately, there were no individuals or entities from any Arab League member state designated in the Global Magnitsky Act’s first list of designees, despite the submission of eligible cases.[85]

In August 2018, Senator Marco Rubio and a bipartisan group of 16 other members of Congress urged the United States to impose sanctions under the Global Magnitsky Act against Chinese officials responsible for human rights abuses against the Uyghur Muslim minority in Xinjiang.[86] In December 2019, the Uyghur Human Rights Policy Act was passed in the House of Representatives, which calls for the imposition of sanctions under the Global Magnitsky Act.[87] The 2019 annual report of the Congressional-Executive Commission on China called for Congress to consider sanctions against Chinese officials under the Global Magnitsky Act for crimes against humanity.[88][89]

On April 7, 2020, Rep. Chris Smith, called on Secretary of State Mike Pompeo to form a task force "to identify and investigate" Chinese government officials for their role in allegedly silencing doctors and journalists who have spoken out about China's response to the COVID-19 pandemic. Further, Smith suggested that the U.S. apply the Global Magnitsky Act to target specific Chinese officials involved in going after whistleblowers, without punishing the country as a whole.[90]

On December 15, 2021, 18 United States senators co-signed a letter to U.S. Secretary of State Antony Blinken and U.S. Treasury Secretary Janet Yellen, asking them to sanction the NSO Group under the Magnitsky Act, due to the Israeli firm's controversy regarding its Pegasus smartphone spyware product.[91]

Similar laws in other jurisdictions edit

Main article: Magnitsky legislation

Canadian Magnitsky Law edit

Further information: Magnitsky legislation § Canada
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)
  • An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act
Territorial extentCanada
Assented toOctober 18, 2017
Amends
Special Economic Measures Act and the Immigration and Refugee Protection Act
Status: Current legislation

In March 2015, the parliament of Canada passed an initial motion towards passing such a law.[92] Canada's Sergei Magnitsky Law, officially the Justice for Victims of Corrupt Foreign Officials Act, received royal assent and was passed into law on October 18, 2017.[93] The Act is regulated by the Justice for Victims of Corrupt Foreign Officials Regulations.[94]

On November 29, 2018, Canada amended the Regulations to include 17 foreign nationals from Saudi Arabia, who were accused of being responsible for or complicit in gross violations of internationally recognized human rights, particularly the torture and extrajudicial killing of Saudi journalist Jamal Khashoggi.[94]

In Europe edit

In March 2019, the European Parliament passed a resolution 447–70 in favor of passing a Magnitsky Act for the European Union.[95] In her September 2020 State of the European Union address, Ursula von der Leyen stated that one of the European Commission's goals was passing a European Magnitsky Act.[96] The EU Global Human Rights Sanctions Regime was enacted in 2020.

On 6 July 2020, United Kingdom’s Foreign Secretary Dominic Raab announced the first sanctions under a law similar to the Global Magnitsky Act, where 47 individuals came under travel restrictions and asset freezes. The regulations were meant to give the government a power to impose sanctions on those involved in the worst human rights abuses around the world.[97]

See also edit

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Further reading edit

Library resources about
Magnitsky Act
  • Browder, Bill (2015). Red Notice: A True Story of High Finance, Murder, and One Man's Fight for Justice (Reprint ed.). Simon & Schuster. ISBN 978-1-4767-5574-8.
  • Gilligan, Emma (2016). "Smart Sanctions against Russia: Human Rights, Magnitsky and the Ukrainian Crisis". Demokratizatsiya. 24 (2): 257–277.
  • Moiseienko, Anton (2015). "'No Safe Haven': Denying Entry to the Corrupt as a New Anti-Corruption Policy". Journal of Money Laundering Control. 18 (4): 400–410. doi:10.1108/JMLC-01-2014-0004. S2CID 154067684.
  • Tama, Jordan (2015). "Bipartisanship in a Polarized Age: The U.S. Congress and Foreign Policy Sanctions". School of International Service Research Paper (2015–2). SSRN 2553401.

External links edit

  •   Quotations related to Magnitsky Act at Wikiquote
  • Magnitsky Act (PDF/details) as amended in the GPO Statute Compilations collection
  • Magnitsky Act as enacted in the US Statutes at Large
  • H.R. 6156: Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012

January 01, 1970
magnitsky, this, article, about, other, nations, legislation, magnitsky, legislation, formally, known, russia, moldova, jackson, vanik, repeal, sergei, magnitsky, rule, accountability, 2012, bipartisan, bill, passed, congress, signed, into, president, barack, . This article is about the US law For other nations legislation see Magnitsky legislation The Magnitsky Act formally known as the Russia and Moldova Jackson Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 is a bipartisan bill passed by the U S Congress and signed into law by President Barack Obama in December 2012 intending to punish Russian officials responsible for the death of Russian tax lawyer Sergei Magnitsky in a Moscow prison in 2009 and also to grant permanent normal trade relations status to Russia Magnitsky ActLong titleRussia and Moldova Jackson Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012NicknamesMagnitsky ActEnacted bythe 112th United States CongressCitationsPublic lawPub L Tooltip Public Law United States 112 208 text PDF Statutes at Large126 Stat 1496Legislative historyIntroduced in the House as Russia and Moldova Jackson Vanik Repeal Act of 2012 H R 6156 by Dave Camp R MI on July 19 2012Committee consideration by House Ways and MeansPassed the House on November 16 2012 365 43 Passed the Senate on December 6 2012 92 4 Signed into law by President Barack Obama on December 14 2012 The Global Magnitsky Act of 2016 within the NDAA 2017 authorizes the U S government to sanction those foreign government officials worldwide that are human rights offenders freeze their assets and ban them from entering the U S 1 Contents 1 Background 2 Law 3 Individuals affected 3 1 January 2017 blacklisting 4 Actions by the Russian government 4 1 Ban on U S adoption of Russian children 4 2 Banning some U S officials from Russia 5 Reception 6 2017 oversight 7 Global Magnitsky Act 7 1 Passage 7 2 Legal framework 7 3 Sanctions imposed through EO 13818 7 3 1 Dan Gertler 7 3 2 2018 7 3 3 2020 7 3 4 2021 7 4 Sanctions imposed through EO 13936 7 5 Calls for additional sanctions 8 Similar laws in other jurisdictions 8 1 Canadian Magnitsky Law 8 2 In Europe 9 See also 10 References 11 Further reading 12 External linksBackground editIn 2009 Russian tax lawyer Sergei Magnitsky died in a Moscow prison after investigating a 230 million fraud involving Russian tax officials 2 Magnitsky was accused of committing the fraud himself by Russian officials and detained 2 While in prison Magnitsky developed gall stones pancreatitis and calculous cholecystitis and was not given medical treatment for months After almost a year of imprisonment he was beaten to death while in custody 3 4 5 Magnitsky s friend Bill Browder a prominent American born businessman who worked extensively in Russia after the collapse of the Soviet Union publicized the case and lobbied American officials to pass legislation sanctioning Russian individuals involved in corruption 6 Browder brought the case to Senators Benjamin Cardin and John McCain who proposed legislation 7 Law editIn June 2012 the United States House Committee on Foreign Affairs reported to the House a bill called the Sergei Magnitsky Rule of Law Accountability Act of 2012 H R 4405 8 The main intention of the law was to punish Russian officials who were thought to be responsible for the death of Sergei Magnitsky by prohibiting their entrance to the United States and their use of its banking system 9 The legislation was taken up by a Senate panel the next week sponsored by Senator Ben Cardin and cited in a broader review of the mounting tensions in the international relationship 10 11 Browder later wrote that the Magnitsky Act found quick bipartisan support because the corruption exposed by Magnitsky was blatant beyond dispute and t here wasn t a pro Russian torture and murder lobby to oppose it 6 p 329The Obama administration fought the bill until Congress signaled the 2012 Jackson Vanik bill would not be repealed unless the Magnitsky Act passed In November 2012 provisions of the Magnitsky bill were attached to a House bill H R 6156 normalizing trade with Russia i e repealing the Jackson Vanik amendment and Moldova 12 On December 6 2012 the U S Senate passed the House version of the law 92 4 9 The law was signed by President Barack Obama on December 14 2012 13 14 15 16 Individuals affected editIn April 2013 the Obama administration made public a list of 18 individuals affected by the Act The people included on the list were 17 18 19 20 Aleksey Droganov Aleksey Krivoruchko Tverskoy District Court judge Andrey Pechegin deputy head of the investigation supervision division of the general prosecutor s office Artem Artyom Kuznetsov a tax investigator for the Moscow division of the Ministry of Internal Affairs Dmitriy Komnov head of Butyrka Detention Center Dmitri M Tolchinskiy Ivan Pavlovitch Prokopenko Kazbek Dukuzov Chechen acquitted of the murder of Paul Klebnikov Lecha Bogatyrov implicated by Austrian authorities as the murderer of Umar Israilov Natalya V Vinogradova Oleg F Silchenko a senior investigator for the Ministry of Internal Affairs Oleg Logunov ru Olga Stepanova head of Moscow Tax Office No 28 Pavel Karpov a senior investigator for the Moscow division of the Ministry of Internal Affairs Sergei G Podoprigorov Tverskoy District Court judge Svetlana Ukhnalyova Yelena Khimina Moscow tax official Yelena Stashina ru Tverskoy District Court judge who prolonged Magnitsky s detention Other foreign individuals who have been sanctioned include citation needed This section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed December 2021 Learn how and when to remove this message Abdulaziz al Hasawi Bodyguard of Mohammed bin Salman involved with the assassination of Jamal Khashoggi citation needed Abdulhamit Gul Turkish Minister of Justice Abuzayed Vismuradov commander of the Terek SOBR of Chechnya citation needed Aivars Lembergs Former Mayor of Ventspils Latvia 21 Ahmed Abdullah al Jubouri former Governor of Saladin Governorate Iraq Akram al Kaabi founder and secretary general of Harakat Hezbollah al Nujaba Alberto Pimentel Former Minister of Energy in Guatemala during the government of Alejandro Giammattei for allegation of corruption bribery related to the extractives sector where transnational mining corporations have been linked to violence from social conflict state repression and contamination of water sources for local communities His naming by the US Government was made public in January 2024 citation needed Aleksandar Hristov Nikolov former Kozloduy Nuclear Power Plant CEO 22 Alvaro Lopez Miera Cuban Minister of Defense Angel Rondon former Commercial Representative of Odebrecht Dominican Republic citation needed Aung Aung Brigadier General involved in Rohingya conflict citation needed Aung Kyaw Zaw Burmese Commander involved in Rohingya conflict citation needed Apollo Quiboloy Filipino pastor and church leader of the Philippines based church Kingdom of Jesus Christ KJC Badr al Otaibi Member of General Intelligence Presidency involved with the assassination of Jamal Khashoggi citation needed Carrie Lam Chief Executive of HKSAR Chen Quanguo Secretary of the Xinjiang Uyghur Autonomous Region 23 Chris Tang Commissioner of Hong Kong Police Force HKPF Dan Gertler Businessman and Associate of Joseph Kabila Delyan Peevski MP of the National Assembly Bulgaria Eric Chan Secretary General Committee for Safeguarding National Security of the HKSAR Erick Tsang HKSAR Secretary for Constitutional and Mainland Affairs Fahad al Balawi Member of Saudi Royal Guard involved with the assassination of Jamal Khashoggi citation needed Felix Bautista senator for the province of San Juan Dominican Republic Fidel Moreno de facto mayor of Managua Nicaragua citation needed Filipos Woldeyohannes Chief of Staff of the Eritrean Defence Forces Francisco Chico Lopez treasurer of the Nicaraguan Sandinistas Party and head of Albanisa a holding of companies made out of Venezuelan aid citation needed Francisco Diaz Head of the Nicaraguan police Gebran Bassil President of the Free Patriotic Movement 24 Horacio Cartes former president of Paraguay 25 Hugo Velazquez sitting vice president of Paraguay 26 Huo Liujun former police chief of the Xinjiang Uyghur Autonomous Region 23 Ivan Kirov Genov bg former Kozloduy Nuclear Power Plant CEO 27 Kale Kayihura Former Inspector General of the Uganda Police Force 28 Khalid al Otaibi Member of Saudi Royal Guard involved with the assassination of Jamal Khashoggi citation needed Khin Hlaing Head of Burmese 99th LID involved in Rohingya conflict citation needed Khin Maung Soe Burmese General involved In Maung Nu massacre citation needed Kun Kim former Joint Chief of Staff of the Royal Cambodian Armed Forces 29 Luo Huining Director of the Hong Kong Liaison Office of China Maher Mutrab Saudi Arabian diplomat involved with the Assassination of Jamal Khashoggi citation needed Mansour Abahussain Member of General Intelligence Presidency involved with the Assassination of Jamal Khashoggi citation needed Marian Kocner Judged for ordering the murder of a Slovak journalist 21 Maung Maung Soe Head of armed forces in western Myanmar involved in Rohingya conflict Meshal Saad al Bostani d 2018 Member of Royal Saudi Air Force involved with the Assassination of Jamal Khashoggi citation needed Min Aung Hlaing Head of the State Administrative Council and Commander in Chief of the Burmese Armed Forces Miguel Martinez former head of Guatemala s Government Center during the government of Alejandro Giammattei for corruption bribery and embezzlement of state funds 30 Mohammed al Otaibi Saudi Consul General of Turkey involved with the Assassination of Jamal Khashoggi citation needed Mohammed al Zahrani Member of Saudi Royal Guard involved with the Assassination of Jamal Khashoggi citation needed Musa Baluku Leader of the Allied Democratic Forces 21 Mustafa al Madani Body double of Jamal Khashoggi involved with the Assassination of Jamal Khashoggi citation needed Naif Alrifi Associate of Mohammed bin Salman involved with the Assassination of Jamal Khashoggi citation needed Nawfel Akoub Former Governor of Mosul Iraq citation needed Nikolay Simeonov Malinov bg leader of political movement Rusofili for Bulgaria 31 Nofal Hammadi al Sultan Former Governor of Nineveh Governorate Iraq citation needed Qais Khazali Leader of Asa ib Ahl al Haq Ramzan Kadyrov head of the Chechen Republic Rao Anwar former Senior Superintendent of Police in Malir District Karachi Pakistan 21 Rayan al Kildani Leader of Babylon Brigade citation needed Raimbek Matraimov ex Deputy Chairman of the State Customs Service Kyrgyzstan Roberto Legra Sotolongo former Cuban Minister of Justice citation needed Rumen Ovcharov former Bulgarian energy minister 32 Ruslan Geremeyev associate of Ramzan Kadyrov citation needed Saif al Qahtani Associate of Mohammed bin Salman involved with the Assassination of Jamal Khashoggi citation needed Salah Mohammed Tubaigy Head of Saudi Arabian Forensics Council involved with the Assassination of Jamal Khashoggi Saud al Qahtani Advisor to Mohammed bin Salman involved with the Assassination of Jamal Khashoggi Soe Win Deputy Commander in Chief of the Burmese Armed Forces Stephen Lo former Commissioner of HKPF Suleyman Soylu Turkish Minister of Interior Sun Jinlong head of the Xinjiang Production and Construction Corps Thaar al Harbi Bodyguard of Mohammed bin Salman involved with the Assassination of Jamal Khashoggi citation needed Than Oo Brigadier General involved in Rohingya conflict citation needed Teresa Cheng Secretary of Justice of the HKSAR Thura San Lwin Head of Myanmar Border Guard Police involved in Rohingya conflict citation needed Try Pheap Cambodian Businessman and Tycoon 29 Turki Alsehri involved with the Assassination of Jamal Khashoggi citation needed Varney Sherman former chairman of the Liberian Unity Party Prince Y Johnson a former rebel leader who played a prominent role in the first Liberian Civil War He s currently a senator of Nimba County Vasil Bozhkov Bulgarian billionaire exiled to Dubai Vladislav Goranov former Bulgarian financial minister under GERB 33 Waad Qado Leader of the Shabak 30th Brigade citation needed Waleed Alsehri Member of Royal Saudi Air Force involved with the Assassination of Jamal Khashoggi citation needed Wan Kuok koi popularly known as Broken Tooth Koi former leader of the Macau branch of the 14K triad 34 Whang Mingshang Head of the Xinjiang Public security bureau 23 Yahya Jammeh former president of The Gambia Xia Baolong Director of the Hong Kong and Macao Affairs Office of the State Council Zhang Xiaoming deputy director of the Hong Kong and Macao Affairs Office of the State Council Zheng Yanxiong Director of the Office for Safeguarding National Security in the HKSAR Zhu Hailun Deputy Secretary of the Xinjiang Uyghur Autonomous Region 23 January 2017 blacklisting edit On January 9 2017 under the Magnitsky Act the United States Treasury s Office of Foreign Assets Control updated its Specially Designated Nationals List and blacklisted Aleksandr I Bastrykin Andrei K Lugovoi Dmitri V Kovtun Stanislav Gordievsky and Gennady Plaksin which froze any of their assets held by American financial institutions or transactions with those institutions and banned their traveling to the United States 35 36 Actions by the Russian government editIn response to the adoption of the Magnitsky Act the Russian government denied Americans adoption of Russian children issued its own list of American officials prohibited from entering Russia and posthumously convicted Magnitsky 37 The Russian government reportedly lobbied against the legislation acting through a public relations company led by Kenneth Duberstein 38 Later a Russian lawyer Natalia Veselnitskaya was hired to lobby against the Magnitsky Act in the US She set up a meeting with Donald Trump s son Donald Trump Jr purportedly to discuss the matter 39 40 Ban on U S adoption of Russian children edit Main article Dima Yakovlev Law On December 19 2012 the State Duma voted 400 to 4 to ban the international adoption of Russian children into the United States The bill was unofficially named after Dmitri Yakovlev Chase Harrison a Russian toddler who died of heat stroke in 2008 when his adoptive American father forgot he was in the back seat of his SUV 41 42 The next year 2013 two more laws were proposed one was to prevent US citizens from working with political NGOs in Russia and a second law eventually abandoned prevented any foreigner from speaking on state television if they discredited the state 43 Banning some U S officials from Russia edit Main article Guantanamo List On April 13 2013 Russia released a list banning 18 Americans from entering Russia for alleged human rights violations in a response to the Magnitsky list 44 The Russian lawmakers also banned several U S officials involved in the prosecution and trial of Russian arms smuggler Viktor Bout and drug smuggler Konstantin Yaroshenko the latter still serving prison time in the United States 45 46 Reception editAustralian expatriate jurist Geoffrey Robertson who had been representing some of the Magnitsky campaigners described the Act as one of the most important new developments in human rights He added that it provides a way of getting at the Auschwitz train drivers the apparatchiks the people who make a little bit of money from human rights abuses and generally keep under the radar 47 State Duma deputy Yevgeny Fedorov argued that the real purpose of the Magnitsky bill was to manipulate key figures in big business and government with the aim of pro American policy in the Russian Federation 48 In 2018 the British parliament passed a so called Magnitsky amendment to the Sanctions and Anti Money Laundering Act to give the government the power to impose sanctions on people who commit gross human rights violations 49 Bill Van Auken of pro Putin World Socialist Web Site condemned the United States for what he described as invoking human rights as a cover for realpolitik in the Magnitsky Act stating that Washington DC officials had supported far greater crimes such as when Boris Yeltsin in 1993 ordered the bombardment of the Russian White House the seat of the country s parliament killing 62 people 50 51 The controversial 2016 Russian documentary The Magnitsky Act Behind the Scenes presents a falsified 52 view of Magnitsky asserting that Magnitsky was not beaten while in police custody and that he did not make any specific allegations against individuals in his testimony to Russian authorities 53 In its review of the controversial documentary The Guardian includes views of those sceptical of the documentary such as Petras Austrevicius Lithuanian member of the European Parliament who also serves on the Foreign Affairs Committee who said the push to screen the film was one of several moves by the Russian authorities to weaken western confidence in its policy line and secure a review of European Union sanctions against Russia later that year 53 In a July 2017 interview on CNN s Fareed Zakaria GPS Bill Browder discussed the Magnitsky Act and topics such as the reasons why Putin is directly threatened by it the money given by the Russian government to more than 10 000 Russian human rights abusers the June 2016 Trump Tower meeting and the power and influence of Russian money in Washington D C at the time 54 Liberal Russian dissidents Vladimir V Kara Murza and Boris Nemtsov both approved of the act calling it pro Russian 55 56 2017 oversight editPresident Donald Trump gave a memorandum to Congress on the implementation of the Act on April 21 2017 57 In May 2017 US authorities settled a case against Prevezon Holding one of the companies used for laundering the money exfiltrated from Russia as result of the fraud discovered by Sergey Magnitsky The settlement dismissed the case and the real estate company agreed to pay a 5 8 million fine 58 59 Also in May 2017 an investigation was started on the 6 6m allegedly transferred from the fraud scheme into a banking firm in the UK 60 On September 8 2017 President Trump in a memorandum delegated authority to alter the financial sanctions in this act to the Secretary of the Treasury and the issue of visas to the Secretary of State 61 Global Magnitsky Act editPassage edit In 2016 Congress enacted the Global Magnitsky Human Rights Accountability Act which allows the U S government to sanction foreign government officials implicated in human rights abuses anywhere in the world 62 Initially introduced as separate legislation by Senator Benjamin Cardin D MD in the Senate 63 and Representative Chris Smith R NJ in the House 64 the Global Magnitsky Act was ultimately incorporated as Title XII Subtitle F sections 1261 through 1265 of the omnibus National Defense Authorization Act for Fiscal Year 2017 NDAA FY 2017 which became law on December 23 2016 65 Legal framework edit The legal framework for the Global Magnitsky Sanctions consists of the following executive order multiple public laws statutes and regulations 66 Executive Order Executive Order 13818 Statutes Global Magnitsky Human Rights Accountability Act 22 U S C 2656 note International Emergency Economic Powers Act IEEPA 50 U S C 1701 1706 Code of Federal Regulations Global Magnitsky Sanctions Regulations 31 CFR Part 583 Sanctions imposed through EO 13818 edit Effective 21 December 2017 U S President Donald Trump issued Executive Order 13818 the first implementation of the Global Magnitsky Human Rights Accountability Act under which the U S government imposed sanctions against 13 individuals described as human rights abusers kleptocrats and corrupt actors 67 68 The decision was announced by US Secretary of the Treasury Steven Mnuchin 67 President Trump said that he was declaring a national emergency with respect to serious human rights abuse and corruption around the world 69 The sanctioned individuals included Yahya Jammeh former president of The Gambia and Roberto Jose Rivas Reyes president of Nicaragua s Supreme Electoral Council 70 An additional 39 affiliated companies and individuals were also sanctioned by the Treasury Department s Office of Foreign Assets Control OFAC 70 Dan Gertler editAccording to The Economist Dan Gertler an Israeli mining billionaire and longtime close friend of Joseph Kabila who was President of the Democratic Republic of the Congo DRC for decades was also listed in President Trump s EO Annex and placed on the OFAC financial sanctions list 71 All of Gertler s assets that were under U S jurisdiction were blocked 68 According to a February 2018 article in The Economist the sanctions statement said that Gertler had amassed his fortune through hundreds of millions of dollars worth of opaque and corrupt mining and oil deals in the DRC 72 Included in the Executive Order is the list of designated entities affiliated with Gertler 73 African Trans International Holdings B V Almerina Properties Limited Fleurette Africa Resources I B V Fleurette African Transport B V Fleurette Energy I B V Interlog DRC Iron Mountain Enterprises Limited Karibu Africa Services SA Kitoko Food Farm Moku Goldmines AG Moku Mines D or SA Oriental Iron Company SPRL Sanzetta Investments Limited Ventora Development Sasu In a November 28 2019 article in The Economist it was reported that President Trump s decision to place sanctions on Gertler who is a close friend of then President of the Congo Joseph Kabila had come as a shock to many companies operating in the Congo Citing Tom Perriello who was then the United States envoy to the African Great Lakes under Barack Obama the sanctions probably helped push Mr Kabila to his eventual decision to stand down in the elections that took place a year later in the December 2018 general election 69 2018 edit In June 2018 Felix Bautista a member of the Senate of the Dominican Republic and five companies owned or controlled by him were sanctioned by the U S Department of Treasury under the Global Magnitsky Act due to his involvement in significant corruption Bautista has reportedly engaged in bribery in relation to his position as a Senator and is alleged to have engaged in corruption in Haiti where he used his connections to win public works contracts to help rebuild Haiti following several natural disasters including one case where his company was paid over 10 million for work not completed 74 In July 2018 three Nicaraguans were added to the OFAC sanctions list Nicaraguan National Police Commissioner Francisco Javier Diaz Madriz Diaz and Secretary of the Mayor s Office of Managua Fidel Antonio Moreno Briones Moreno were sanctioned for being responsible for or the leaders of entities involved in serious human rights abuse in Nicaragua Additionally OFAC designated Jose Francisco Lopez Centeno Lopez the Vice President of ALBA de Nicaragua ALBANISA and President of Petronic for engaging in corrupt activities 75 In August 2018 the Treasury Department sanctioned top Turkish government officials Turkish Justice Minister Abdulhamit Gul and Interior Minister Suleyman Soylu who were involved in the detention of American pastor Andrew Brunson 76 Daniel Glaser the former Assistant Secretary for Terrorist Financing under President Barack Obama said It s certainly the first time I can think of the U S sanctioning a NATO ally I certainly regard it as a human rights violation to unlawfully detain somebody so I think it falls within the scope of the Global Magnitsky Act 77 In November 2018 the Treasury Department announced the imposition of Global Magnitsky Act sanctions against 17 Saudi Arabian officials who targeted and brutally killed Saudi dissident journalist Jamal Khashoggi who lived and worked in the United States 78 2020 edit On July 9 2020 the U S Department of the Treasury s Office of Foreign Assets Control OFAC sanctioned a Chinese government entity the Xinjiang Public Security Bureau and four current or former government officials for serious rights abuses against ethnic minorities in the Xinjiang Uyghur Autonomous Region XUAR 79 The sanctions were imposed on the basis of serious human rights abuses which reportedly included mass arbitrary detention and severe physical abuse among other serious abuses targeting Uyghurs the Turkic Muslim population indigenous to Xinjiang and other ethnic minorities in the region 79 The four sanctioned individuals were 79 Chen Quanguo Communist Party Secretary of XUAR and former Communist Party Secretary of Tibet Tibet Autonomous Region Zhu Hailun former Deputy Party Secretary of the XUAR Wang Mingshan incumbent Communist Party Secretary of the Xinjiang Public Security Bureau XPSB Huo Liujun 霍留军 former Communist Party Secretary of the XPSB On July 31 2020 the OFAC further sanctioned Xinjiang Production and Construction Corps XPCC Sun Jinlong a former Political Commissar of the XPCC and Peng Jiarui the Deputy Party Secretary and Commander of the XPCC for their connection to similar human rights abuses against the ethnic minorities in XUAR 80 The XPCC is a paramilitary organization in the XUAR subordinate to the Chinese Communist Party CCP created to enhance internal control over the region 80 XPCC was used by XUAR CCP Secretary Chen Quanguo who was subject to similar sanctions on July 9 2020 to implement a comprehensive surveillance detention and indoctrination program targeting Uyghurs and other ethnic minority groups 80 The sanction generally prohibits all transactions by U S persons or taking place within the United States involving any property or interests in property of the sanctioned entities The sanctions are listed by the OFAC as part of an ongoing effort to deter human rights abuses in the Xinjiang region 80 2021 edit Filipos Woldeyohannes Chief of staff of the Eritrean Defence Forces EDF was sanctioned under the Magnitsky Act on August 23 2021 for his command responsibility as head of the EDF involved in war crimes and sexual violence in the Tigray War 81 In Paraguay Kassem Mohamad Hijazi Khalil Ahmad Hijazi and Liz Paola Doldan despachantes dispatchers operating in the tri border area of Brazil Paraguay and Argentina and whose money laundering operation was estimated to have amassed hundreds of millions of dollars were also sanctioned by the act 82 Sanctions imposed through EO 13936 edit On August 7 2020 the U S Department of Treasury sanctioned 11 individuals for undermining Hong Kong s autonomy and restricting the freedom of expression or assembly of the citizens of Hong Kong 83 These sanctions were made pursuant to Executive Order E O 13936 which was issued on July 14 2020 by President Trump to declare a national emergency with respect to the situation in Hong Kong where actions by China fundamentally undermine Hong Kong s autonomy and democratic processes 83 The sanctioned individuals are 83 Carrie Lam Chief Executive of Hong Kong Special Administrative Region HKSAR Chris Tang Commissioner of Hong Kong Police Force HKPF Eric Chan Secretary General Committee for Safeguarding National Security of the HKSAR Erick Tsang HKSAR Secretary for Constitutional and Mainland Affairs John Lee Ka chiu HKSAR Secretary for Security Luo Huining Director of the Hong Kong Liaison Office Stephen Lo former Commissioner of HKPF Teresa Cheng HKSAR Secretary for Justice Xia Baolong Director of the Hong Kong and Macao Affairs Office of the State Council Zhang Xiaoming deputy director of the Hong Kong and Macao Affairs Office of the State Council Zheng Yanxiong Director Office for Safeguarding National Security in Hong Kong Calls for additional sanctions edit In September 2017 a group of NGOs and anti corruption organizations identified 15 international cases where alleged crimes were committed Individuals from countries including Azerbaijan Bahrain China the Democratic Republic of the Congo Egypt Ethiopia Liberia Mexico Panama Russia Saudi Arabia Tajikistan Ukraine Uzbekistan and Vietnam were nominated for sanctions 84 In December 2017 Americans for Democracy amp Human Rights in Bahrain stated that The Trump Administration has failed to take up cases presented regarding serious human rights abuses committed by Bahraini government officials Ultimately there were no individuals or entities from any Arab League member state designated in the Global Magnitsky Act s first list of designees despite the submission of eligible cases 85 In August 2018 Senator Marco Rubio and a bipartisan group of 16 other members of Congress urged the United States to impose sanctions under the Global Magnitsky Act against Chinese officials responsible for human rights abuses against the Uyghur Muslim minority in Xinjiang 86 In December 2019 the Uyghur Human Rights Policy Act was passed in the House of Representatives which calls for the imposition of sanctions under the Global Magnitsky Act 87 The 2019 annual report of the Congressional Executive Commission on China called for Congress to consider sanctions against Chinese officials under the Global Magnitsky Act for crimes against humanity 88 89 On April 7 2020 Rep Chris Smith called on Secretary of State Mike Pompeo to form a task force to identify and investigate Chinese government officials for their role in allegedly silencing doctors and journalists who have spoken out about China s response to the COVID 19 pandemic Further Smith suggested that the U S apply the Global Magnitsky Act to target specific Chinese officials involved in going after whistleblowers without punishing the country as a whole 90 On December 15 2021 18 United States senators co signed a letter to U S Secretary of State Antony Blinken and U S Treasury Secretary Janet Yellen asking them to sanction the NSO Group under the Magnitsky Act due to the Israeli firm s controversy regarding its Pegasus smartphone spyware product 91 Similar laws in other jurisdictions editMain article Magnitsky legislation Canadian Magnitsky Law edit Further information Magnitsky legislation CanadaJustice for Victims of Corrupt Foreign Officials Act Sergei Magnitsky Law Long title An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection ActTerritorial extentCanadaAssented toOctober 18 2017AmendsSpecial Economic Measures Act and the Immigration and Refugee Protection ActStatus Current legislation In March 2015 the parliament of Canada passed an initial motion towards passing such a law 92 Canada s Sergei Magnitsky Law officially the Justice for Victims of Corrupt Foreign Officials Act received royal assent and was passed into law on October 18 2017 93 The Act is regulated by the Justice for Victims of Corrupt Foreign Officials Regulations 94 On November 29 2018 Canada amended the Regulations to include 17 foreign nationals from Saudi Arabia who were accused of being responsible for or complicit in gross violations of internationally recognized human rights particularly the torture and extrajudicial killing of Saudi journalist Jamal Khashoggi 94 In Europe edit In March 2019 the European Parliament passed a resolution 447 70 in favor of passing a Magnitsky Act for the European Union 95 In her September 2020 State of the European Union address Ursula von der Leyen stated that one of the European Commission s goals was passing a European Magnitsky Act 96 The EU Global Human Rights Sanctions Regime was enacted in 2020 On 6 July 2020 United Kingdom s Foreign Secretary Dominic Raab announced the first sanctions under a law similar to the Global Magnitsky Act where 47 individuals came under travel restrictions and asset freezes The regulations were meant to give the government a power to impose sanctions on those involved in the worst human rights abuses around the world 97 See also editDima Yakovlev Law International sanctions during the Ukrainian crisis Countering America s Adversaries Through Sanctions Act The Magnitsky Act Behind the Scenes 2016 documentary film Hong Kong Human Rights and Democracy Act Uyghur Human Rights Policy ActReferences edit Alexandra Ma July 17 2018 Putin hinted he wanted Trump to give him access to one man and it reveals his greatest weakness Business Insider Archived from the original on July 18 2018 Retrieved July 17 2018 a b Eckel Mike May 13 2017 U S Settles Magnitsky Linked Money Laundering Case On Eve Of Trial RadioFreeEurope RadioLiberty Archived from the original on March 10 2018 Retrieved March 10 2018 Q amp A The Magnitsky affair BBC News July 11 2013 Archived from the original on February 28 2018 Retrieved March 10 2018 Russia puts dead lawyer Sergei Magnitsky on trial Perth Now Agence France Presse December 27 2012 Archived from the original on January 1 2013 Gray Rosie July 25 2017 Bill Browder s Testimony to the Senate Judiciary Committee The Atlantic Archived from the original on July 26 2017 Retrieved July 31 2017 they put him in an isolation cell chained him to a 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Accountability Act 114th Congress 2015 2016 Archived November 27 2019 at the Wayback Machine Congress gov H R 624 Global Magnitsky Human Rights Accountability Act 114th Congress 2015 2016 Archived November 27 2019 at the Wayback Machine S 2943 National Defense Authorization Act for Fiscal Year 2017 Archived November 13 2019 at the Wayback Machine 114th Congress 2015 2016 Congress gov LEGAL FRAMEWORK FOR THE GLOBAL MAGNITSKY SANCTIONS Global Magnitsky Sanctions U S DEPARTMENT OF THE TREASURY Retrieved August 4 2021 a b Background Briefing on the Rollout of the Global Magnitsky Sanctions Archived November 28 2019 at the Wayback Machine United States Department of State December 21 2018 a b Trump Donald December 21 2017 Executive Order Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption White House Archived from the original on January 20 2021 via National Archives a b Donald Trump has shown a surprising enthusiasm for sanctions Financial carpet bombing 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China s Actions in Xinjiang May Amount to Crimes Against Humanity Says US Rights Report Radio Free Asia Archived from the original on January 10 2020 Retrieved January 10 2020 Blitzer Ronn April 7 2020 GOP rep eyes Magnitsky law to punish Chinese officials on coronavirus cover up urges Pompeo probe Fox News Archived from the original on April 7 2020 Retrieved April 7 2020 Srivastava Mehul December 21 2021 The secret Uganda deal that has brought NSO to the brink of collapse Retrieved December 31 2021 Clark Campbell March 25 2015 All parties signal support for Magnitsky law to sanction Russian officials The Globe and Mail Archived from the original on February 25 2019 Retrieved March 11 2018 Senate Public Bill 42nd Parliament 1st Session LEGISinfo Parliament of Canada Archived from the original on July 3 2020 Retrieved July 1 2020 a b Justice for Victims of Corrupt Foreign Officials Act Canada s International Relations Ottawa Government of Canada October 16 2019 Retrieved October 21 2020 Brzozowski Alexandra December 10 2019 EU ministers break ground on European Magnitsky Act euractiv Retrieved September 16 2020 Emmott Robin September 16 2020 Be courageous in diplomacy EU chief says proposing new sanctions Reuters Retrieved September 16 2020 Britain s new toughness on human rights abusers is a welcome change The Washington Post Archived from the original on July 13 2020 Retrieved July 12 2020 Further reading editLibrary resources about Magnitsky Act Resources in your library Resources in other libraries Browder Bill 2015 Red Notice A True Story of High Finance Murder and One Man s Fight for Justice Reprint ed Simon amp Schuster ISBN 978 1 4767 5574 8 Gilligan Emma 2016 Smart Sanctions against Russia Human Rights Magnitsky and the Ukrainian Crisis Demokratizatsiya 24 2 257 277 Moiseienko Anton 2015 No Safe Haven Denying Entry to the Corrupt as a New Anti Corruption Policy Journal of Money Laundering Control 18 4 400 410 doi 10 1108 JMLC 01 2014 0004 S2CID 154067684 Tama Jordan 2015 Bipartisanship in a Polarized Age The U S Congress and Foreign Policy Sanctions School of International Service Research Paper 2015 2 SSRN 2553401 External links edit nbsp Quotations related to Magnitsky Act at Wikiquote Magnitsky Act PDF details as amended in the GPO Statute Compilations collection Magnitsky Act as enacted in the US Statutes at Large H R 6156 Russia and Moldova Jackson Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 Retrieved from https en wikipedia org w index php title Magnitsky Act amp oldid 1220226393, wikipedia, wiki, book, books, library,

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