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Magnitsky Act

From Wikipedia, the free encyclopedia
2012 United States federal law
This article is about the US law. For other nations' legislation, seeMagnitsky legislation.

Magnitsky Act
Great Seal of the United States
Long titleRussia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012
NicknamesMagnitsky Act
Enacted bythe112th United States Congress
EffectiveDecember 14, 2012
Citations
Public lawPub. L. 112–208 (text)(PDF)
Statutes at Large126 Stat. 1496
Legislative history

TheMagnitsky Act, formally theRussia 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 lawyerSergei Magnitsky in a Moscow prison in 2009. The act also repealed theJackson–Vanik amendment, grantingpermanent normal trade relations status to Russia and Moldova. It was signed into law by PresidentBarack Obama on December 14, 2012.

TheGlobal Magnitsky Human Rights Accountability Act, enacted in 2016 as part of theNational 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]

Background

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In 2009, Russian tax lawyerSergei 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 businessmanBill Browder, Magnitsky's employer and a prominent investor in Russia, campaigned for justice. Browder lobbied U.S. lawmakers, including SenatorsBenjamin Cardin andJohn McCain, to introduce legislation targeting those responsible for Magnitsky's death and related corruption.[4]

Legislative history

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The Magnitsky Act originated as theSergei Magnitsky Rule of Law Accountability Act of 2012 (H.R. 4405), introduced in theUnited 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, theSenate, led by SenatorBen Cardin, incorporated the measure into a broader bill (H.R. 6156) to repeal theJackson–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]

Enacted on December 23, 2016, as part of theNational Defense Authorization Act for Fiscal Year 2017, the Global Magnitsky Act expands the original law's scope.[1]

Provisions

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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 extends the first two penalties to officials of any country. 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.

Individuals sanctioned

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In April 2013, theU.S. Department of the Treasury published a list of 18 individuals sanctioned under the Magnitsky Act, including Russian officials and others implicated in the case ofSergei Magnitsky.[10] Notable names include:

TheGlobal Magnitsky Act has since sanctioned individuals from various countries, particularly after PresidentDonald Trump delegated authority in 2017 for financial sanctions to the Treasury Secretary and visa restrictions to the Secretary of State.[11] Executive Order 13818 (issued December 21, 2017) sanctioned,inter alia:[12]

  • Yahya Jammeh, former Gambian president, for corruption and human rights abuses.
  • Dan Gertler, an Israeli businessman, for corrupt mining deals in the Democratic Republic of the Congo.

Subsequent sanctions have included:

  • Abdulaziz al-Hasawi, implicated in the 2018 assassination of journalistJamal Khashoggi.[13]
  • Chen Quanguo and other Chinese officials, sanctioned in 2020, for human rights abuses againstUyghurs inXinjiang, China.[14]
  • Filipos Woldeyohannes, Eritrean military leader, sanctioned in 2021, for war crimes in theTigray War.[15]
  • Alexandre de Moraes, aBrazilian Supreme Court Justice, sanctioned July 30, 2025, for alleged judicial overreach and restrictions on free speech. The U.S. Department of the Treasury stated that the sanctions addressed actions perceived as undermining democratic processes, including Moraes's rulings to suspend social media accounts and restrict online content to combat disinformation.[16]
  • Viviane Barci de Moraes, Alexandre de Moraes' wife, and LEX - INSTITUTO DE ESTUDOS JURIDICOS LTDA entity, sanctioned September 22, 2025.[17]

Reactions

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The Magnitsky Act inspired similar legislation globally:

Canada
TheJustice 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][verification needed]
United Kingdom
In 2020, the UK introduced sanctions under a Magnitsky-style law, targeting 47 individuals for human rights violations.[19]
European Union
TheEU Global Human Rights Sanctions Regime, enacted in 2020, mirrors the U.S. model.[20]

A 2017 settlement with Prevezon Holdings, linked to Magnitsky's fraud case, resulted in a $5.8 million fine.[21]

Russia retaliated by enacting theDima Yakovlev Law, banning U.S. adoptions of Russian children, and issuing a reciprocal list of 18 U.S. officials barred from entering Russia.[22] The Russian government also posthumously convicted Magnitsky in 2013, a move widely criticized as symbolic retribution. Russian lobbying efforts, including through lawyerNatalia Veselnitskaya, sought to undermine the act, notably during a 2016Trump Tower meeting withDonald Trump Jr.[23]

The act has been praised by some human rights advocates, such asGeoffrey Robertson, who called it a groundbreaking tool to target low-level enablers of human rights abuses.[24] Russian dissidentsVladimir Kara-Murza andBoris Nemtsov described it as “pro-Russian” for promoting accountability.[25] Critics, including Russian official Yevgeny Fedorov, argue it serves U.S. geopolitical interests.[26] Some, likeBill Van Auken, have accused the U.S. of selective enforcement, citing its support for other regimes with human rights violations.[27]

See also

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References

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  1. ^ab"The US Global Magnitsky Act: Questions and Answers".Human Rights Watch. September 13, 2017.Archived from the original on January 17, 2018. RetrievedNovember 27, 2017.
  2. ^"Q&A: The Magnitsky affair".BBC News. July 11, 2013.Archived from the original on February 28, 2018. RetrievedMarch 10, 2018.
  3. ^Gray, Rosie (July 25, 2017)."Bill Browder's Testimony to the Senate Judiciary Committee".The Atlantic.Archived from the original on July 26, 2017. RetrievedJuly 31, 2017.
  4. ^Trindle, Jamila (May 15, 2014)."The Magnitsky Flip-Flop".Foreign Policy.Archived from the original on March 10, 2018. RetrievedMarch 10, 2018.
  5. ^"Russia Human Rights Legislation Passes Foreign Affairs Committee".United States House Committee on Foreign Affairs. June 7, 2012. Archived fromthe original on January 10, 2013.
  6. ^Baker, Peter (June 13, 2012)."Syria Crisis and Putin's Return Chill U.S. Ties With Russia".The New York Times.Archived from the original on March 11, 2018. RetrievedMarch 10, 2018.
  7. ^Peters, Jeremy W. (November 16, 2012)."House Passes Russia Trade Bill With Eye on Rights Abuses".The New York Times.Archived from the original on November 17, 2012. RetrievedNovember 17, 2012.
  8. ^Lally, Kathy; Englund, Will (December 6, 2012)."Russia fumes as U.S. Senate passes Magnitsky law aimed at human rights".The Washington Post.Archived from the original on February 1, 2018. RetrievedDecember 11, 2012.
  9. ^"Statement by the Press Secretary on H.R. 6156". ObamaWhiteHouse.archives.gov.White House. December 14, 2012.Archived from the original on July 16, 2017. RetrievedMarch 10, 2018 – viaNational Archives.
  10. ^"Magnitsky Sanctions Listings".United States Department of the Treasury. April 12, 2013.Archived from the original on March 11, 2018. RetrievedMarch 10, 2018.
  11. ^"Presidential Memorandum for the Secretary of State and the Secretary of the Treasury".White House. September 8, 2017.Archived from the original on January 20, 2021. RetrievedMarch 11, 2018 – viaNational Archives.
  12. ^"United States Sanctions Human Rights Abusers and Corrupt Actors Across the Globe" (Press release).United States Department of the Treasury. December 21, 2017.Archived from the original on January 10, 2018. RetrievedJanuary 12, 2018.
  13. ^"Khashoggi case: Report links suspects to Saudi prince".The Straits Times. October 18, 2018.Archived from the original on October 20, 2018. RetrievedOctober 20, 2018.
  14. ^"Treasury Sanctions Chinese Entity and Officials Pursuant to Global Magnitsky Human Rights Accountability Act".Archived from the original on July 9, 2020. RetrievedJuly 9, 2020.
  15. ^"Treasury Sanctions Eritrean Military Leader in Connection with Serious Human Rights Abuse in Tigray".United States Department of the Treasury. August 23, 2021.Archived from the original on August 24, 2021. RetrievedAugust 24, 2021.
  16. ^Spetalnick, Matt (July 30, 2025)."US imposes sanctions on Brazilian high court judge".Reuters. RetrievedJuly 31, 2025.
  17. ^"Global Magnitsky Designations".Office of Foreign Assets Control. September 22, 2025. RetrievedSeptember 23, 2025.
  18. ^"Justice for Victims of Corrupt Foreign Officials Act".Canada's International Relations. Government of Canada. October 16, 2019.Archived from the original on July 3, 2020. RetrievedOctober 21, 2020.
  19. ^"Britain's new toughness on human rights abusers is a welcome change".The Washington Post. July 12, 2020.Archived from the original on July 13, 2020. RetrievedJuly 12, 2020.
  20. ^Brzozowski, Alexandra (December 10, 2019)."EU ministers break ground on European 'Magnitsky Act'".euractiv. RetrievedSeptember 16, 2020.
  21. ^Scannell, Kara (May 14, 2017)."US strikes $5.8m deal on Russia money-laundering case".Financial Times.Archived from the original on June 12, 2018. RetrievedMarch 11, 2018.
  22. ^Heintz, Jim (July 11, 2013)."Dead Russian lawyer Magnitsky found guilty".Associated Press. Archived fromthe original on July 14, 2013.
  23. ^Sullivan, Andy; Mohammed, Arshad (July 11, 2017)."Trump Jr. emails suggest he welcomed Russian help against Clinton".Reuters.Archived from the original on June 9, 2018. RetrievedMarch 11, 2018.
  24. ^"International human rights lawyer Geoffrey Robertson speaks on fate of Assange".Australian Human Rights Commission. December 18, 2012. Archived fromthe original on March 11, 2018. RetrievedMarch 11, 2018.
  25. ^Kara-Murza, Vladimir (May 18, 2018)."The Kremlin revives a Soviet-style law against dissent".The Washington Post.Archived from the original on July 31, 2018. RetrievedAugust 24, 2018.
  26. ^Фёдоров, Евгений (November 29, 2012)."Список Магнитского – манипуляция".Russia.ru (in Russian). Archived fromthe original on March 11, 2018. RetrievedMarch 11, 2018.
  27. ^Van Auken, Bill (April 16, 2013)."Moscow calls Obama's human rights bluff".World Socialist Web Site.Archived from the original on March 12, 2018. RetrievedMarch 11, 2018.

Further reading

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