Top Qs
Timeline
Chat
Perspective
Magnitsky Act
2012 United States federal law From Wikipedia, the free encyclopedia
Remove ads
The Magnitsky Act, formally the Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, is a bipartisan U.S. federal law enacted in 2012. It imposes sanctions on Russian officials deemed responsible for the death of Russian tax lawyer Sergei Magnitsky in a Moscow prison in 2009. The act also repealed the Jackson–Vanik amendment, granting permanent normal trade relations status to Russia and Moldova. Signed into law by President Barack Obama on December 14, 2012, the legislation marked a significant step in addressing human rights abuses through targeted sanctions.
.svg)
The Global Magnitsky Human Rights Accountability Act, enacted in 2016 as part of the National Defense Authorization Act for Fiscal Year 2017, extends the original act’s framework to sanction foreign officials worldwide for human rights violations or significant corruption, authorizing asset freezes and U.S. entry bans.[1]
Remove ads
Background
In 2009, Russian tax lawyer Sergei Magnitsky uncovered a $230 million tax fraud scheme involving Russian officials. After reporting the corruption, he was arrested, accused of the fraud himself, and detained in Moscow’s Butyrka prison. Magnitsky suffered from untreated medical conditions, including gallstones, pancreatitis, and calculous cholecystitis. After nearly a year in custody, he died in November 2009, with reports indicating he was beaten by prison guards.[2][3] The case drew international attention, highlighting systemic corruption and human rights abuses in Russia.
American businessman Bill Browder, Magnitsky’s employer and a prominent investor in Russia, campaigned for justice. Browder lobbied U.S. lawmakers, including Senators Benjamin Cardin and John McCain, to introduce legislation targeting those responsible for Magnitsky’s death and related corruption.[4]
Remove ads
Legislative History
The Magnitsky Act originated as the Sergei Magnitsky Rule of Law Accountability Act of 2012 (H.R. 4405), introduced in the United States House Committee on Foreign Affairs. The bill aimed to bar Russian officials linked to Magnitsky’s death from entering the U.S. or using its banking system.[5] In June 2012, the Senate, led by Senator Ben Cardin, incorporated the measure into a broader bill (H.R. 6156) to repeal the Jackson–Vanik amendment, a Cold War-era trade restriction.[6]
The Obama administration initially opposed the sanctions, citing diplomatic concerns, but Congress tied the amendment’s repeal to the Magnitsky provisions. On November 16, 2012, the House passed H.R. 6156 by a vote of 365–43.[7] The Senate followed on December 6, 2012, with a 92–4 vote.[8] President Obama signed the bill into law on December 14, 2012.[9]
Remove ads
Provisions
The Magnitsky Act authorizes the U.S. government to:
- Impose visa bans and asset freezes on Russian individuals responsible for Magnitsky’s death or related human rights abuses.
- Sanction individuals involved in significant corruption tied to the fraud Magnitsky exposed.
- Repeal the Jackson–Vanik amendment, normalizing trade relations with Russia and Moldova.
The Global Magnitsky Act, enacted in 2016, broadens these sanctions to target human rights violators and corrupt officials worldwide, regardless of nationality.[1]
Individuals Sanctioned
In April 2013, the U.S. Department of the Treasury published a list of 18 individuals sanctioned under the Magnitsky Act, including Russian officials and others implicated in Magnitsky’s case.[10] Notable names include:
- Artem Kuznetsov, a tax investigator for the Moscow Ministry of Internal Affairs.
- Olga Stepanova, head of Moscow Tax Office No. 28.
- Dmitriy Komnov, head of Butyrka Detention Center.
The Global Magnitsky Act has since sanctioned individuals from various countries, including:
- Abdulaziz al-Hasawi, implicated in the 2018 assassination of journalist Jamal Khashoggi.[11]
- Chen Quanguo, for human rights abuses against Uyghurs in Xinjiang, China.[12]
- Alexandre de Moraes, Brazilian Supreme Court Justice, sanctioned in 2025 for alleged judicial overreach and censorship.[13]
Remove ads
Russian Response
Russia retaliated by enacting the Dima Yakovlev Law, banning U.S. adoptions of Russian children, and issuing a reciprocal list of 18 U.S. officials barred from entering Russia.[14] The Russian government also posthumously convicted Magnitsky in 2013, a move widely criticized as symbolic retribution. Russian lobbying efforts, including through lawyer Natalia Veselnitskaya, sought to undermine the act, notably during a 2016 Trump Tower meeting with Donald Trump Jr..[15]
Remove ads
Global Magnitsky Act
Enacted on December 23, 2016, as part of the National Defense Authorization Act for Fiscal Year 2017, the Global Magnitsky Act expands the original law’s scope. It allows the U.S. to sanction foreign officials for:
- Gross human rights violations, such as torture or extrajudicial killings.
- Significant acts of corruption, including bribery and embezzlement.
Key sanctions under Executive Order 13818 (issued December 21, 2017) include:
- Yahya Jammeh, former Gambian president, for corruption and human rights abuses.[16]
- Dan Gertler, an Israeli businessman, for corrupt mining deals in the Democratic Republic of the Congo.[16]
In 2020, sanctions targeted Chinese officials and entities for abuses in Xinjiang, and in 2021, Eritrean military leader Filipos Woldeyohannes was sanctioned for war crimes in the Tigray War.[17]
Remove ads
International Impact
The Magnitsky Act inspired similar legislation globally:
- Canada: The Justice for Victims of Corrupt Foreign Officials Act (2017) targets human rights abusers and corrupt officials, with sanctions imposed on Saudi nationals linked to Jamal Khashoggi’s killing.[18]
- United Kingdom: In 2020, the UK introduced sanctions under a Magnitsky-style law, targeting 47 individuals for human rights violations.[19]
- European Union: The EU Global Human Rights Sanctions Regime, enacted in 2020, mirrors the U.S. model.[20]
Remove ads
Reception
The act has been praised by human rights advocates, such as Geoffrey Robertson, who called it a groundbreaking tool to target low-level enablers of human rights abuses.[21] Russian dissidents Vladimir Kara-Murza and Boris Nemtsov described it as “pro-Russian” for promoting accountability.[22] Critics, including Russian official Yevgeny Fedorov, argue it serves U.S. geopolitical interests.[23] Some, like Bill Van Auken, have accused the U.S. of selective enforcement, citing its support for other regimes with human rights violations.[24]
Remove ads
Oversight and Enforcement
In 2017, President Donald Trump delegated authority for financial sanctions to the Treasury Secretary and visa restrictions to the Secretary of State.[25] A 2017 settlement with Prevezon Holdings, linked to Magnitsky’s fraud case, resulted in a $5.8 million fine.[26] The act continues to be a tool for addressing global human rights and corruption issues, with ongoing calls for additional sanctions.
See Also
References
Further reading
External Links
Wikiwand - on
Seamless Wikipedia browsing. On steroids.
Remove ads