|Long title||Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012|
|Enacted by||the 112th United States Congress|
|Public law||Pub.L. 112–208|
|Statutes at Large||126 Stat. 1496|
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 accountant Sergei Magnitsky in a Moscow prison in 2009.
Since 2016 the bill, which applies globally, authorizes the US government to sanction those who it sees as human rights offenders, freeze their assets, and ban them from entering the U.S.
- 1 Background
- 2 Law
- 3 Individuals affected
- 4 Actions by Russian government
- 5 Reception
- 6 January 2017 blacklisting
- 7 Implementation oversight in 2017
- 8 Global Magnitsky Act
- 9 Magnitsky Acts in other countries
- 10 See also
- 11 References
- 12 Further reading
- 13 External links
In 2009, Russian tax accountant Sergei Magnitsky died in a Moscow prison after investigating a $230 million fraud involving Russian tax officials. Magnitsky was accused of committing the fraud himself and detained. While in prison, Magnitsky developed gall stones, pancreatitis and calculous cholecystitis and was refused medical treatment for months. After almost a year of imprisonment, he was allegedly beaten to death while in custody. Magnitsky's friend Bill Browder, a prominent American-born businessman working extensively in the Russian Federation after the collapse of the USSR, publicized the case and lobbied American officials to pass legislation sanctioning Russian individuals involved in corruption. Browder brought the case to Senators Benjamin Cardin and John McCain, who proceeded to propose legislation.
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). 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. 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. 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."p. 329
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. On December 6, 2012, the U.S. Senate passed the House version of the law, 92–4. The law was signed by President Barack Obama on December 14, 2012.
- Artem (aka Artyom) Kuznetsov, a tax investigator for the Moscow division of the Ministry of Internal Affairs
- Pavel Karpov, a senior investigator for the Moscow division of the Ministry of Internal Affairs
- Oleg F. Silchenko, a senior investigator for the Ministry of Internal Affairs
- Olga Stepanova, head of Moscow Tax Office No. 28
- Yelena Stashina, Tverskoy District Court judge who prolonged Magnitsky's detention
- Andrey Pechegin, deputy head of the investigation supervision division of the general prosecutor's office
- Aleksey Droganov
- Yelena Khimina, Moscow tax official
- Dmitriy Komnov, head of Butyrka Detention Center
- Aleksey Krivoruchko, Tverskoy District Court judge
- Oleg Logunov
- Sergei G. Podoprigorov, Tverskoy District Court judge
- Ivan Pavlovitch Prokopenko
- Dmitri M. Tolchinskiy
- Svetlana Ukhnalyova
- Natalya V. Vinogradova
- Kazbek Dukuzov, Chechen acquitted of the murder of Paul Klebnikov
- Lecha Bogatyrov, implicated by Austrian authorities as the murderer of Umar Israilov
Other foreign individuals who have been sanctioned include:
- Félix Bautista, senator for the province of San Juan, Dominican Republic.
- Angel Rondon, former Commercial Representative of Odebrecht, Dominican Republic
- Ramzan Kadyrov, head of the Chechen Republic
- Abuzayed Vismuradov, commander of the Terek SOBR of Chechnya
- Ruslan Geremeyev, associate of Ramzan Kadyrov
- Roberto J. Rivas, head of the Supreme Electoral Council of Nicaragua, accused of electoral fraud in at least six elections. Rivas is considered one of the wealthiest people in the second-poorest country in the Western Hemisphere
- Francisco "Chico" Lopez, treasurer of the Nicaraguan Sandinistas Party and head of Albanisa, a holding of companies made out of Venezuelan aid
- Fidel Moreno, de facto mayor of Managua, Nicaragua
- Francisco Diaz, Head of the Nicaraguan police
- Yahya Jammeh, former president of The Gambia
- Min Aung Hlaing, Commander in Chief of the Burmese Armed Forces
- Soe Win, Deputy Commander in Chief of the Burmese Armed Forces
- Than Oo, Brigadier General, involved in Rohingya conflict
- Aung Aung, Brigadier General, involved in Rohingya conflict
- Aung Kyaw Zaw, Burmese Commander, involved in Rohingya conflict
- Khin Maung Soe, Burmese General, involved In Maung Nu massacre
- Thura San Lwin, Head of Myanmar Border Guard Police, involved in Rohingya conflict
- Khin Hlaing, Head of Burmese 99th LID, involved in Rohingya conflict
- Maung Maung Soe, Head of armed forces in western Myanmar, involved in Rohingya conflict
- Gulnara Karimova, Daughter of former Uzbek leader Islam Karimov
- Abdulhamit Gül, Turkish Minister of Justice
- Suleyman Soylu, Turkish Minister of Interior
- 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
- Mustafa al-Madani, Body double of Jamal Khashoggi, involved with the Assassination of Jamal Khashoggi
- Maher Mutrab, Saudi Arabian diplomat, involved with the Assassination of Jamal Khashoggi
- Thaer al-Harbi, Member of Saudi Royal Guard, involved with the Assassination of Jamal Khashoggi
- Mohammed al-Zahrani, Member of Saudi Royal Guard, involved with the Assassination of Jamal Khashoggi
- Abdulaziz al-Hasawi, Bodyguard of Mohammed bin Salman, involved with the Assassination of Jamal Khashoggi
- Mohammed al-Otaibi, Saudi Consul-General of Turkey, involved with the Assassination of Jamal Khashoggi
- Meshal Saad al-Bostani, Member of Royal Saudi Air Force, involved with the Assassination of Jamal Khashoggi
- Naif Alrifi, Associate of Mohammed bin Salman, involved with the Assassination of Jamal Khashoggi
- Mansour Abahussain, Member of General Intelligence Presidency, involved with the Assassination of Jamal Khashoggi
- Khalid al-Otaibi, Member of Saudi Royal Guard, involved with the Assassination of Jamal Khashoggi
- Waleed Alsehri, Member of Royal Saudi Air Force, involved with the Assassination of Jamal Khashoggi
- Thaar al-Harbi, Bodyguard of Mohammed bin Salman, involved with the Assassination of Jamal Khashoggi
- Fahad al-Balawi, Member of Saudi Royal Guard, involved with the Assassination of Jamal Khashoggi
- Badr al-Otaibi, Member of General Intelligence Presidency, involved with the Assassination of Jamal Khashoggi
- Saif al-Qahtani, Associate of Mohammed bin Salman, involved with the Assassination of Jamal Khashoggi
- Turki Alsehri, involved with the Assassination of Jamal Khashoggi
- Nawfel Akoub, Former Governor of Mosul, Iraq
- Ahmed Abdullah al-Jubouri, Former Governor of Saladin Governorate, Iraq
- Nofal Hammadi al-Sultan, Former Governor of Nineveh Governorate, Iraq
- Qais Khazali, Leader of Asa'ib Ahl al-Haq
- Rayan al-Kildani, Leader of Babylon Brigade
- Waad Qado, Leader of the Shabak 30th Brigade
- Kale Kayihura, Former Inspector General of the Uganda Police Force
Actions by Russian government
In response to the adoption of the Magnitsky Act, the Russian government denied Americans adoption of Russian children, issued a list of US officials prohibited from entering Russia, and posthumously convicted Magnitsky as guilty. In addition, the Russian government reportedly lobbied against the legislation acting through a public relations company led by Kenneth Duberstein. 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 Jr., purportedly to discuss the matter.
Ban on U.S. adoption of Russian children
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. The next year, 2013, two additional 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.
Banning some U.S. officials from Russia
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. The people banned from Russia are listed below.
US officials involved in legalizing torture and indefinite detention of prisoners:
- David Addington, Chief of Staff to Vice President Dick Cheney (2005–2009)
- John Yoo, Assistant US Attorney General in the Office of Legal Counsel, Department of Justice (2001–2003)
- Geoffrey D. Miller, retired US Army Major General, commandant of Joint Task Force Guantanamo (JTF-GTMO), the organization that runs the Guantanamo Bay detention camps (2002–2003)
- Jeffrey Harbeson, US Navy officer, commandant of JTF-GTMO (2010–2012)
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, both serving prison time in the United States:
- Jed S. Rakoff, Senior US District Judge for the Southern District of New York
- Preet Bharara, former US Attorney for the Southern District of New York
- Michael J. Garcia, former US Attorney for the Southern District of New York
- Brendan R. McGuire, Assistant US Attorney
- Anjan S. Sahni, Assistant US Attorney
- Christian R. Everdell, Assistant US Attorney
- Jenna Minicucci Dabbs, Assistant US Attorney
- Christopher L. Lavigne, Assistant US Attorney
- Michael Max Rosensaft, Assistant US Attorney
- Louis J. Milione, Special Agent, US Drug Enforcement Administration (DEA)
- Sam Gaye, Senior Special Agent, US DEA
- Robert F. Zachariasiewicz, Special Agent, US DEA
- Derek S. Odney, Special Agent, US DEA
- Gregory A. Coleman, Special Agent, US Federal Bureau of Investigation
Australian expatriate jurist Geoffrey Robertson, who is representing some of the Magnitsky campaigners, has described the Act as "one of the most important new developments in human rights". He says 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".
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.
The Ministry of Internal Affairs Directorate for Special Affairs in the UK stated that it is aware of those on the list. The UK bans travel of those on the list under existing legislation which prohibits entry for those implicated in cases of human rights violations.
Bill Van Auken of 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 bombardment of the Russian White House, the seat of the country’s parliament, killing 62 people".
In March 2015, the parliament of Canada passed an initial motion towards passing such a law.
In June 2016, the documentary The Magnitsky Act – Behind the Scenes was released, which presents an alternative view of Magnitsky. As The Guardian relates, that view includes 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." It also suggests that Magnitsky was, as paraphrased by The New York Times, "an accomplice rather than a victim."
In July 2017 on Fareed Zakaria GPS by CNN, Fareed Zakaria interviewed Bill Browder, who discussed the Magnitsky Act, and topics such as why Putin is directly threatened by it, the money given by Russia government to more than 10,000 Russian human-rights abusers, the June 2016 Trump campaign–Russian meeting, and the power and influence of Russian money in Washington, D.C. at present.
January 2017 blacklisting
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 travelling to the United States.
Implementation oversight in 2017
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.
Also in May 2017 an investigation was started on £6.6m that was allegedly transferred from the fraud scheme into a banking firm in the UK.
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.
Global Magnitsky Act
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.
Initially introduced as separate legislation introduced by Senator Benjamin Cardin (D-MD) in the Senate and Representative Chris Smith (R-NJ) in the House, 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, which became law on December 23, 2016, of the NDAA FY 2017.
Global Magnitsky Act sanctions imposed through EO 13818
Effective 21 December 2017, US President Donald Trump issued Executive Order 13818 which was 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". Under President Trump's direction, Steven Mnuchin, Secretary of the US Department of the Treasury, announced the sanctions against thirteen ""human rights abusers, kleptocrats, and corrupt actors." President Trump said that he was "declaring a national emergency with respect to serious human-rights abuse and corruption around the world."
The individuals sanctioned included Yahya Jammeh, former president of The Gambia and Roberto Jose Rivas Reyes, the president of Nicaragua's Supreme Electoral Council. An additional 39 affiliated companies and individuals were also sanctioned by the Treasury Department's Office of Foreign Assets Control (OFAC).
According to The Economist, Dan Gertler, an "Israeli mining billionaire" who is a longtime close friend of Joseph Kabila, who was President of the Democratic Republic of the Congo for decades, was also listed in President Trump's EO Annex and placed on the Office of Foreign Assets Control (OFAC) financial sanctions list. All of Gertler's assets that were under U.S. jurisdiction were blocked. 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. Included in the Executive Order is the list of designated entities "affiliated with" Gertler, "Moku Mines D'or SA, Moku Goldmines AG, Fleurette Energy I B.V., Fleurette Africa Resources I B.V., African Trans International Holdings B.V., Fleurette African Transport B.V., Oriental Iron Company SPRL, Iron Mountain Enterprises Limited, Sanzetta Investments Limited, Almerina Properties Limited, Interlog DRC, Kitoko Food Farm, Karibu Africa Services SA, and 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, 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.
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.
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.
In August 2018, the Treasury Department sanctioned top Turkish government officials, Turkish Justice Minister Abdulhamit Gül and Interior Minister Suleyman Soylu, who were involved in the detention of American pastor Andrew Brunson. 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."
On November 2018, the Treasury Department announced the imposition of Global Magnitsky Act sanctions against 17 Saudi Arabian officials for their roles in the "targeted and brutally killed" Saudi dissident journalist Jamal Khashoggi, who lived and worked in the United States.
Calls for additional sanctions to be imposed under the Global Magnitsky Act
In September 2017, a group of NGOs and anti-corruption organizations identified fifteen 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.
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."
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. 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.
Magnitsky Acts in other countries
Legislation similar to, and inspired by, the December 2016 US Global Magnitsky Act has subsequently been enacted in other countries.
On December 8, 2016, Estonia introduced a new law inspired by the Magnitsky Act that disallows foreigners convicted of human rights abuses from entering Estonia. The law, which was passed unanimously in the Estonian Parliament, states that it entitles Estonia to disallow entry to people if, among other things, "there is information or good reason to believe" that they took part in activities which resulted in the "death or serious damage to health of a person".
On February 21, 2017 the UK House of Commons unanimously passed an amendment to the country's Criminal Finances Bill inspired by the Magnitsky Act that would allow the government to freeze the assets of international human rights violators in the UK. On May 1, 2018, the UK House of Commons, without opposition, added the "Magnitsky amendment" to the Sanctions and Anti-Money Laundering Bill that would allow the British government to impose sanctions on people who commit gross human rights violations.
In May 2017, the Russian Ministry of Foreign Affairs warned Canada that its anticipated new law, known as The Justice for Victims of Corrupt Foreign Officials Bill (Sergei Magnitsky Law), was a "blatantly unfriendly step", and that "If the Canadian Parliament approves this sanctions legislation, the relations between our countries, which are already experiencing difficult times, will suffer significant damage". CBC News in Canada also reported that Russia has placed Canada's Foreign Minister, Chrystia Freeland, and twelve other Canadian politicians and activists on a Kremlin 'blacklist' and has disallowed them from entry into "Russia because of their criticism of Russian actions in Ukraine and its annexation of Crimea".
On October 19, 2017, the Canadian Parliament passed the Bill into law, after a unanimous vote in Canada's House of Commons, with 277 for, and none against. Russia's President, Vladimir Putin, accused Canada of "political games" over its new Magnitsky law.
Canada's Magnitsky Act also targeted 19 Venezuelan and 3 South Sudanese officials, along with the original 30 Russian individuals under sanctions.
On November 9, 2017 the Parliament of Lithuania approved for discussion relevant amendments to the law, with 78 votes in support, one against and five abstentions. Finally, on November 16, 2017 (the 8th anniversary of Sergei Magnitsky's death) the Parliament of Lithuania passed the law unanimously.
On February 8, 2018, Parliament of Latvia (Saeima) accepted attachment of law of sanctions, inspired by the Sergei Magnitsky case, to ban foreigners deemed guilty of human rights abuses from entering the country.
Countries during Legislation
- European Union
Bill in Dec, 2017.
- Dima 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 Act
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|Library resources about |
- 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.
- Tama, Jordan (2015). "Bipartisanship in a Polarized Age: The U.S. Congress and Foreign Policy Sanctions". School of International Service Research Paper. No. 2015-2. SSRN 2553401.
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