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1 1 (October 28, 2020)

handle is hein.crs/govdchu0001 and id is 1 raw text is: * The Global Magnitsky Human The Global Magnitsky Human Rights Accountability Act (Global Magnitsky Act, Title XII, Subtitle F of P.L. 114- 328; 22 U.S.C. §2656 note) authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person identified as engaging in human rights abuse or corruption. The Global Magnitsky Act takes the terms of a prior Russia-focused law, the Sergei Magnitsky Rule of Law Accountability Act of 2012 (title IV of P.L. 112-208; 22 U.S.C. §5811 note), to the global stage. Sergei Magnitsky, a tax lawyer and auditor in Russia, documented rampant tax fraud and other corruption by individuals associated with the Russian government. Magnitsky was arrested in November 2008, reportedly for tax evasion, and denied medical care, family visits, and due legal process. While in custody, he was reportedly beaten and possibly tortured. He died in prison in November 2009. Congress passed the Sergei Magnitsky Act to require the President to identify the person(s) involved in the detention, abuse, or death of Magnitsky, and the ensuing cover-up, or those responsible for gross human rights violations against persons in Russia. Identified individuals are subject to blocking of assets under U.S. jurisdiction, prohibited from U.S. transactions, and denied entry into the United States. Going Gsba' The Global Magnitsky Act effectively globalizes the authorities of the 2012 law by authorizing the President to deny entry into the United States, revoke any already-issued visa, and block property under U.S. jurisdiction of, and prohibit U.S. persons from entering into transactions with, any foreign person (individual or entity) that the President determines is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights, as defined at 22 U.S.C. §2304(d(1), against those working (1) to expose illegal activities of government officials or (2) to obtain, exercise, defend, or promote human rights and freedoms, including rights to a fair trial and democratic elections; or is a foreign government official responsible for acts of significant corruption, a senior associate of such an official, or a facilitator of such acts, which include the expropriation of private or public assets for personal gain, corruption in government contracts or natural resource extraction, bribery, or the offshore sheltering of ill-gotten gains. The act authorizes the President to terminate the application of sanctions if the President determines that the designee did not engage in the activity for which sanctions were imposed; has been prosecuted for the offense; or has changed his or her behavior, paid an appropriate Updated October 28, 2020 Rights Accountability Act consequence, and is committed to not engaging in future sanctionable activity. The President may also terminate the imposition of sanctions if he finds it in the U.S. national security interests to do so. On December 20, 2017, President Trump issued Executive Order (E.O.) 13818, finding that the prevalence and severity of human rights abuse and corruption ... have reached such scope and gravity that they threaten the stability of international political and economic systems and constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, invoking the Global Magnitsky Act and emergency authorities stated in the National Emergencies Act (NEA; P.L. 94-412; 50 U.S.C. §§1601 et seq.) and International Emergency Economic Powers Act (IEEPA; P.L. 95-223; 50 U.S.C. §§1701 et seq.). E.O. 13818, which the Treasury Department describes as building upon and implementing the Global Magnitsky Act, includes differences in language that expand the scope beyond that stated in the law. The E.O. broadens the standard of behavior for potentially sanctionable targets from those responsible for statutorily defined gross violations of internationally recognized human rights against certain individuals (as described above), to those determined to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse. The E.O. does not define serious human rights abuse. Similarly, the E.O. refers simply to corruption, rather than law's acts of significant corruption. The E.O. additionally specifies additional categories of persons as potential sanction targets, including, for example, any person determined to be or have been a leader or official of' an entity that has engaged in, or whose members have engaged in serious human rights abuse or corruption. The E.O. delegates sanctions determinations to the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General. As is the case with sanctions regimes generally, the Department of the Treasury's Office of Foreign Assets Control (OFAC) administers the economic sanctions, while the State Department implements visa sanctions. The Global Magnitsky Act sunsets on December 23, 2022. Because the President invoked national emergency authorities to target human rights abusers, sanctions could continue beyond the expiration of the Global Magnitsky Act. The President has annually renewed the national emergency under E.O. 13818, most recently in December 2019. To date, OFAC has publicly designated 107 individuals under E.O. 13818, with 105 currently active designations following two removals. In 2017, 15 individuals were designated, followed by 28 in 2018, 52 in 2019, and 12 in -.-,'~-' *.~ \\\\'\\ \ \N \ \I \M,\ \\ \ \ Q\\ \\\ \\\

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