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Magnitsky legislation
Bejnar: create from subtopic at Magnitsky Act
Liquid error: wrong number of arguments (given 1, expected 2)
'''Magnitsky legislation''' are laws providing for governmental sanctions against foreign individuals who have commited 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 Management|Hermitage Capital]].<ref name="BBC-1">Liquid error: wrong number of arguments (given 1, expected 2)</ref> He, in turn, was accused of aiding tax evasion, arrested and jailed.<ref name="autopsy">Liquid error: wrong number of arguments (given 1, expected 2)</ref> He was allededly beaten by police,<ref name="BBC-1" /> and died in Matrosskaya Tishina detention facility in November 2009.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> In 2012, the United States Congress passed the [[Magnitsky Act]], which imposed sanctions on the officials involved.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
==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.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===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 U.S.<ref>The Global Magnitsky Human Rights Accountability Act Liquid error: wrong number of arguments (given 1, expected 2)</ref></ref>
===Russia===
In 2012, the Russian government responded to the new US Magnitsky Act<ref name="Englund">Liquid error: wrong number of arguments (given 1, expected 2)</ref> by passing the [[Dima Yakovlev Law]]<ref>"On Sanctions for Individuals Violating Fundamental Human Rights and Freedoms of the Citizens of the Russian Federation"</ref> 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.<ref name="Kremlin">Liquid error: wrong number of arguments (given 1, expected 2)</ref><ref name="MacFarquhar">Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===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 [[Riigikogu|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".<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===United Kingdom===
On 21 February 2017 the UK House of Commons unanimously passed an amendment to the country's [[Criminal Finances Act 2017|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.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> <ref name="HofC-1">Liquid error: wrong number of arguments (given 1, expected 2)</ref>
On 1 May 2018, the UK House of Commons, without opposition, added the "Magnitsky amendment" to the [[Sanctions and Anti-Money Laundering Act 2018|Sanctions and Anti-Money Laundering Bill]] that would allow the British government to impose sanctions on people who commit gross human rights violations.<ref name="HofC-1" /><ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===Canada===
Canada passed it's own Magnitsky legislation in October 2017 as the ''Justice for Victims of Corrupt Foreign Officials Act'',<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref><ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> despite earlier warnings from the [[Ministry of Foreign Affairs (Russia)|Russian Ministry of Foreign Affairs]] that the law would be a "blatantly unfriendly step", and further damage relations with Russia.<ref name="Sevunts">Liquid error: wrong number of arguments (given 1, expected 2)</ref><ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> However, Russia had already placed Canada's Foreign Minister, [[Chrystia Freeland]], and twelve other Canadian politicians and activists on a [[Moscow Kremlin|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.<ref name="Sevunts" />
Russia's President, [[Vladimir Putin]], accused Canada of "political games" over its new Magnitsky law.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
Canada's government subsequently targeted sanctions against nineteen Venezuelan and three South Sudanese officials, along with thirty Russian individuals.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===Lithuania===
On 16 November 2017 (the 8th anniversary of Sergei Magnitsky's death), the [[Seimas|Parliament of Lithuania]] unanimously passed their version of Magnitsky legislation.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===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.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===Gibraltar===
In March 2018, Gibraltar passed Magnitsky legislation.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===Kosovo===
On 29 January 2020, Kosovo passed Magnitsky legislation.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> This was announced by [[foreign minister]] [[Behgjet Pacolli]] on Twitter.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
==European Union==
On 9 December 2019, [[Josep Borrell]], the European Union's High Representative for Foreign Affairs and Security Policy (HR/VP), 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."<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
==Notes and references==
[[Category:Sanctions legislation]]
'''Magnitsky legislation''' are laws providing for governmental sanctions against foreign individuals who have commited 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 Management|Hermitage Capital]].<ref name="BBC-1">Liquid error: wrong number of arguments (given 1, expected 2)</ref> He, in turn, was accused of aiding tax evasion, arrested and jailed.<ref name="autopsy">Liquid error: wrong number of arguments (given 1, expected 2)</ref> He was allededly beaten by police,<ref name="BBC-1" /> and died in Matrosskaya Tishina detention facility in November 2009.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> In 2012, the United States Congress passed the [[Magnitsky Act]], which imposed sanctions on the officials involved.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
==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.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===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 U.S.<ref>The Global Magnitsky Human Rights Accountability Act Liquid error: wrong number of arguments (given 1, expected 2)</ref></ref>
===Russia===
In 2012, the Russian government responded to the new US Magnitsky Act<ref name="Englund">Liquid error: wrong number of arguments (given 1, expected 2)</ref> by passing the [[Dima Yakovlev Law]]<ref>"On Sanctions for Individuals Violating Fundamental Human Rights and Freedoms of the Citizens of the Russian Federation"</ref> 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.<ref name="Kremlin">Liquid error: wrong number of arguments (given 1, expected 2)</ref><ref name="MacFarquhar">Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===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 [[Riigikogu|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".<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===United Kingdom===
On 21 February 2017 the UK House of Commons unanimously passed an amendment to the country's [[Criminal Finances Act 2017|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.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> <ref name="HofC-1">Liquid error: wrong number of arguments (given 1, expected 2)</ref>
On 1 May 2018, the UK House of Commons, without opposition, added the "Magnitsky amendment" to the [[Sanctions and Anti-Money Laundering Act 2018|Sanctions and Anti-Money Laundering Bill]] that would allow the British government to impose sanctions on people who commit gross human rights violations.<ref name="HofC-1" /><ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===Canada===
Canada passed it's own Magnitsky legislation in October 2017 as the ''Justice for Victims of Corrupt Foreign Officials Act'',<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref><ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> despite earlier warnings from the [[Ministry of Foreign Affairs (Russia)|Russian Ministry of Foreign Affairs]] that the law would be a "blatantly unfriendly step", and further damage relations with Russia.<ref name="Sevunts">Liquid error: wrong number of arguments (given 1, expected 2)</ref><ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> However, Russia had already placed Canada's Foreign Minister, [[Chrystia Freeland]], and twelve other Canadian politicians and activists on a [[Moscow Kremlin|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.<ref name="Sevunts" />
Russia's President, [[Vladimir Putin]], accused Canada of "political games" over its new Magnitsky law.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
Canada's government subsequently targeted sanctions against nineteen Venezuelan and three South Sudanese officials, along with thirty Russian individuals.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===Lithuania===
On 16 November 2017 (the 8th anniversary of Sergei Magnitsky's death), the [[Seimas|Parliament of Lithuania]] unanimously passed their version of Magnitsky legislation.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===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.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===Gibraltar===
In March 2018, Gibraltar passed Magnitsky legislation.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
===Kosovo===
On 29 January 2020, Kosovo passed Magnitsky legislation.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref> This was announced by [[foreign minister]] [[Behgjet Pacolli]] on Twitter.<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
==European Union==
On 9 December 2019, [[Josep Borrell]], the European Union's High Representative for Foreign Affairs and Security Policy (HR/VP), 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."<ref>Liquid error: wrong number of arguments (given 1, expected 2)</ref>
==Notes and references==
[[Category:Sanctions legislation]]
April 02, 2020 at 03:53AM
