Magnitsky legislation refers to laws providing for governmental sanctions against foreign individuals who have committed human rights abuses or been involved in significant corruption. They originated with the United States which passed the first Magnitsky legislation in 2012, following the torture and death of Sergei Magnitsky in Russia in 2009. Since then, a number of countries have passed similar legislation such as Canada, the United Kingdom and the European Union.
Background
In 2008, Sergei Magnitsky was a tax accountant who accused Russian tax officials and law enforcement of stealing $230 million (~$ in ) in tax rebates from Hermitage Capital. He, in turn, was arrested and jailed under the accusation of aiding tax evasion. Allegedly beaten by police, Magnitsky died in Matrosskaya Tishina detention facility in November 2009Kathy Lally (20 January 2011). "UN-appointed Human Rights Experts to Probe Death of Russian Lawyer Magnitsky". The Washington Post.. In 2012, the United States Congress passed the Magnitsky Act, which imposed sanctions on the officials involved, following extensive lobbying by Magnitsky's former employer Bill Browder.
Magnitsky legislation by country Following the United States, Magnitsky legislation has been enacted in a number of territories, including the United Kingdom, Estonia, Canada, Lithuania, Latvia, Gibraltar, Jersey, and Kosovo.
United States
The original Magnitsky Act of 2012 was expanded in 2016 into a more general law authorizing the US government to sanction those found to be human rights offenders or those involved in significant corruption, to freeze their assets, and to ban them from entering the US.The Global Magnitsky Human Rights Accountability Act
Canada
In October 2017, Canada passed its own Magnitsky legislation known as the Justice for Victims of Corrupt Foreign Officials Act,"Justice for Victims of Corrupt Foreign Officials Act." Canada and the World. Ottawa: Government of Canada. 16 October 2019. Retrieved 21 October 2020. which the Parliament of Canada passed through a motion in March 2015. The Act enables targeted measures against foreign nationals who, according to the Governor in Council (GIC), are, among others, "responsible for or complicit in gross violations of human rights; or are public officials or an associate of such an official, who are responsible for or complicit in acts of significant corruption."
The regulations pursuant to the Act prohibit individuals and entities in Canada, as well as Canadians outside Canada, from, among others:
"Dealing, directly or indirectly, in any property, wherever situated, of the listed foreign national;" "Entering into or facilitating, directly or indirectly, any financial transaction related to a dealing described above;" "Providing or acquiring financial or other related services to, for the benefit of, or on the direction or order of the listed foreign national;" and "Making available any property, wherever situated, to the listed foreign national or to a person acting on behalf of the listed foreign national."
Canada's sanctions under this Act are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency, who also enforce related legislations such as the United Nations Act and the Special Economic Measures Act."Canadian sanctions legislation." Canada and the World. Ottawa: Government of Canada. 18 September 2020.
The Immigration and Refugee Protection Act (IRPA) provides the legislative authority for the Canadian government to deny entries to foreign nationals who are inadmissible to Canada pursuant to sanctions under the Act
Russian president Vladimir Putin accused Canada of "political games" over the new Magnitsky law. As such, the Act is perceived as damaging relations with Russia, especially with earlier warnings from the Russian Ministry of Foreign Affairs that the law would be a "blatantly unfriendly step." Russia had already placed Canada's former Foreign Minister, Chrystia Freeland, and 12 other Canadian politicians and activists on a Kremlin 'blacklist', barring them entry to "Russia because of their criticism of Russian actions in Ukraine and its annexation of Crimea," under the equivalent Russian law.
Along with 30 Russian individuals, Canada's government subsequently targeted sanctions against 19 Venezuelan officials (including President Nicolás Maduro)Global Affairs Canada. 6 November 2017. "Justice for Victims of Corrupt Foreign Officials - Case 2." Government of Canada. and 3 South Sudanese officials. On 29 November 2018, Canada amended the Regulations to include 17 foreign nationals from Saudi Arabia, who, in the opinion of the GIC, are responsible for or complicit in blatant violations of internationally recognized human rights, particularly the torture and extrajudicial killing of Saudi journalist Jamal Khashoggi. On 16 February 2018, Canada announced its sanctioning of Major-General Maung Maung Soe for being a "key military official" in Myanmar's human-rights violations against the Rohingya and the resulting flight of 688,000 Rohingya from their country.Global Affairs Canada. 16 February 2018. "Canada imposes targeted sanctions in response to human rights violations in Myanmar." Government of Canada.
Sanctioned individuals include:
30 Russian officials 19 Venezuelan officials, including President Nicolás Maduro Moros Tareck El Aissami Gustavo Enrique González López Adán Chávez Frías Rafael Darío Ramírez Carreño Luis Alfredo Motta Domínguez Nelson José Merentes Díaz Rodolfo Clemente Marco Torres Francisco José Rangel Gómez 17 Saudi nationals, includingGlobal Affairs Canada. 29 November 2018. "Jamal Khashoggi case." Government of Canada. Saud Al-Qahtani Salah Mohammed Tubaigy 3 Sudanese officialsGlobal Affairs Canada. 6 November 2017. "Justice for Victims of Corrupt Foreign Officials - Case 1." Government of Canada. Paul Malong Awan Malek Reuben Riak Rengu Michael Makuei Lueth 1 Burmese official Maung Maung Soe
On 21 March 2021, the Government of Canada promulgated the "Special Economic Measures (People’s Republic of China) Regulations" under a related legislation, the Special Economic Measures Act, on the basis that "gross and systematic human rights violations have been committed in the People’s Republic of China". Individuals sanctioned under this Regulation include Zhu Hailun, Wang Junzheng, Wang Mingshan, Chen Mingguo and Xinjiang Production and Construction Corps.Global Affairs Canada. 22 March 2021."." Government of Canada.
In Europe Czech Republic On 16 October 2022, the Czech Parliament approved Magnitsky legislation to act independently of the European Union's Magnistky sanctions. A particular concern was the Hungarian government of Viktor Orban, which has expressed pro-Russian sentiments and has managed to slow down EU-wide sanctions. Czechia is the fourth EU state (not including the United Kingdom, which passed a Magnitsky law before Brexit) to pass such legislation, after Estonia, Latvia, and Lithuania, and this legislation will provide a legal basis for the Czech government to sanction human rights abusers.
European Union
The European Parliament passed a resolution in March 2019 to urge EU and 28 member states to legislate similar with Magnitsky Act.
On 9 December 2019, the EU Foreign Affairs and Security Policy High Representative Josep Borrell, who is the chief co-ordinator and representative of the Common Foreign and Security Policy (CFSP) within the EU, announced that all member states had "agreed to launch the preparatory work for a global sanctions regime to address serious human rights violations, which will be the European Union equivalent of the so-called Magnitsky Act of the United States."
On 7 December 2020, the European Union passed the European Magnitsky Act, which will allow the organization to "freeze assets and impose travel bans on individuals involved in serious human rights abuses".
Among the criteria for sanctions are: genocide, crimes against humanity, torture, slavery, extrajudicial killings, arbitrary arrests, or detentions. The act establishes the following procedure to impose sanctions. Entitled to submit proposals for sanctions implementations, review or amendment are each of the member states and also the High Representative of the EU for Foreign Affairs and Security Policy. The decision is to be taken by the Council of the European Union.
Estonia On 8 December 2016, Estonia introduced a new law that disallowed 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."
Gibraltar In March 2018, Gibraltar passed Magnitsky legislation.
Jersey Jersey passed its Sanctions and Asset Freezing (Jersey) Law (SAFL) in December 2018, going into effect on 19 July 2019. The new law reincorporated the effects of the previous Terrorist Asset-Freezing (Jersey) Law 2011 (TAFL) and the United Nations Financial Sanctions (Jersey) Law 2017 (UNFSL), which it repealed.
Kosovo On 29 January 2020, Kosovo passed its Magnitsky law, which was announced by Foreign Minister Behgjet Pacolli on Twitter.
Lithuania On 16 November 2017, the 8th anniversary of Sergei Magnitsky's death, the Parliament of Lithuania (Seimas) unanimously passed their version of Magnitsky legislation.
Latvia On 8 February 2018, the Parliament of Latvia (Saeima) accepted attachment of a law of sanctions, inspired by the Sergei Magnitsky case, to ban foreigners deemed guilty of human rights abuses from entering the country.
United Kingdom
On 21 February 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 1 May 2018, without opposition, the Commons added the "Magnitsky amendment" to the Sanctions and Anti-Money Laundering Bill, which would allow the British government to impose sanctions on people who commit gross human rights violations.
Australia Member of Parliament Michael Danby introduced a Magnitsky bill in the Australian parliament in December 2018 but was lapsed in April 2019.
In December 2019, the Australian Minister for Foreign Affairs, Marise Payne, asked the Joint Standing Committee on Foreign Affairs, Defence and Trade Human Rights Sub-committee to inquire into the use of targeted sanctions to address human rights abuses. In 2020, the Australian Department of Foreign Affairs and Trade was asked about the possibility of Australia stopping the issuance of visas to Huawei Technologies employees for their complicity in China's human-rights violations, including in Xinjiang. The department stated that the inquiry into setting up Magnitsky-like rules was due to report to later in the year.Varghese, Sam. 18 July 2020. "Australia looking to copy US and adopt Magnitsky-style human rights regime." ITWire. Meanwhile, Australia was urged by the Bill Browder, who lobbied the U.S. Magnitsky Act into Congress, to pass its own Magnitsky law or "risks becoming "a magnet for dirty money" from abusers and kleptocrats across the globe"