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 death of Sergei Magnitsky in Russia in 2009. Since then, a number of countries have passed similar legislation including Russia, Canada and the United Kingdom.
Origins
In 2008, Sergei Magnitsky, a tax accountant accused Russian tax officials and law enforcement of stealing $230 million in tax rebates from Hermitage Capital. He, in turn, was accused of aiding tax evasion, arrested and jailed. He was allededly beaten by police, and died in Matrosskaya Tishina detention facility in November 2009. In 2012, the United States Congress passed the Magnitsky Act, which imposed sanctions on the officials involved.
Magnitsky legislation by country
Magnitsky legislation has been enacted in a number of countries, including the United States, United Kingdom, Russia, Estonia, Canada, Lithuania, Latvia, Gibraltar, Jersey and Kosovo.
Canada
Canada passed its own Magnitsky legislation in October 2017 as the Justice for Victims of Corrupt Foreign Officials Act, despite earlier warnings from the Russian Ministry of Foreign Affairs that the law would be a "blatantly unfriendly step", and further damage relations with Russia. However, Russia had already placed Canada's Foreign Minister, Chrystia Freeland, and twelve other Canadian politicians and activists on a Kremlin 'blacklist' and had disallowed them from entry into "Russia because of their criticism of Russian actions in Ukraine and its annexation of Crimea", under the equivalent Russian law. Russian president Vladimir Putin, accused Canada of "political games" over its new Magnitsky law. Canada's government subsequently targeted sanctions against nineteen Venezuelan and three South Sudanese officials, along with thirty Russian individuals.
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
passed Magnitsky legislation as its "Sanctions and Asset Freezing Law" in December 2018. The new law reincorporated the effects of the previous "Terrorist Asset-Freezing Law 2011" and the "United Nations Financial Sanctions Law 2017" which it repealed. The SAFL went into effect on 19 July 2019.
On 8 February 2018, the Parliament of Latvia 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.
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 U.S.
Legislation passed by Russia in response
In 2012, the Russian government responded to the new US Magnitsky Act by passing the Dima Yakovlev Law banning Americans from adopting Russian children, and providing for sanctions against U.S. citizens involved in violations of the human rights and freedoms of Russian citizens.
Pending legislation
Magnitsky legislation is under consideration in a number of countries.
Australia
MP Michael Danby introduced a Magnitsky bill in the Australian parliament in December 2018, but the bill died when the session ended.
European Union
EU Parliament passed a resolution in March 2019 to urge EU and 28 member states to legislate similar with Magnitsky Act. On 9 December 2019, Josep Borrell, the European Union's High Representative for Foreign Affairs and Security Policy, the chief co-ordinator and representative of the Common Foreign and Security Policy 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."
In July 2018, a Magnitsky bill was introduced into the Moldova parliament. It mandated sanctions against individuals who "have committed or contributed to human rights violations and particularly serious acts of corruption that are harmful to international political and economic stability." As of January 2020 it had not been acted upon; however, the DA Platform party is still pushing for its adoption, although the ACUM coalition has dropped its demand for passage.
Ukraine
In December 2017, there was a Magnitsky bill introduced into the Ukrainian parliament. The bill would have given authority to sanction foreign individuals who grossly violate human rights through the use of visa bans, asset freezes, and restrictions on asset transfer. However the bill was quickly tabled, and in September 2018 it was removed from the legislative agenda.
