Updated June 15, 2018
The Global Magnitsky Human Rights Accountability Act
The Global Magnitsky Human Rights Accountability Act,
persons from entering into transactions with, any foreign
enacted at the close of the 114th Congress as part of the
person he identifies as:
National Defense Authorization Act for Fiscal Year 2017
(NDAA 2017; P.L. 114-328; enacted December 23, 2016),
 “responsible for extrajudicial killings, torture, or other
authorizes the President to impose economic sanctions and
gross violations of internationally recognized human
deny entry into the United States to any foreign person he
rights” (or an agent of such a foreign person) and
identifies as engaging in human rights abuse or corruption.
targeting those working (1) to expose illegal activities of
Versions of the act had circulated in Congress since 2014.
government officials; and (2) to defend or exercise
human rights and freedoms, including rights to a fair
Who Was Magnitsky?
trial and democratic elections; or
Sergei Magnitsky’s death in Russia came to the attention of
ï‚·
Congress in early 2008 when the Commission on Security
a foreign government official, senior associate or
and Cooperation in Europe invited William Browder, Chief
facilitator of such an official, responsible for acts of
Executive Officer of Hermitage Capital, to testify on the
significant corruption, including the expropriation of
economic, social, and political climate in Russia under
private or public assets for personal gain, corruption in
newly elected President Dmitri Medvedev. (Putin
government contracts or natural resource extraction,
reassumed the presidency in 2012.) Browder recounted the
bribery, or the offshore sheltering of ill-gotten gains.
violent expropriation of the assets of Hermitage—once the
largest foreign investment brokerage in Russia—by
Congress required the President to consider information
rampant Russian government corruption, bribery, fraud,
provided in writing jointly by majority and ranking
forgery, cronyism, and “outright theft.” Magnitsky, a legal
leadership of the congressional committees under whose
and accounting adviser, documented Hermitage’s losses
jurisdictions the use of sanctions in foreign policy and
and other illicit financial dealings, including the draining of
national security policy generally resides—Senate Banking
$230 million from the Russian treasury by tax fraud.
and Foreign Relations, and House Financial Services and
Magnitsky was arrested in November 2008, reportedly for
Foreign Affairs. When signing the bill into law, however,
tax evasion, and denied medical care, family visits, or due
the President singled out this requirement as a challenge to
legal process while in custody, as well as beaten and
constitutional separation of powers (see text box).
possibly tortured. He died in prison in November 2009, at
the age of 37.
SIGNING STATEMENT
On signing the NDAA FY2017 into law on December
Congress enacted the Sergei Magnitsky Rule of Law
23, 2016, President Barack Obama issued a signing
Accountability Act of 2012 (title IV of P.L. 112-208; 22
statement to clarify his intentions to implement the
U.S.C. 5811 note) to require the President to identify the
various provisions. Its closing observation provided:
person(s) involved in the detention, abuse, or death of

Magnitsky, and the ensuing cover-up, or “responsible for
“Several other provisions in the bill also raise
extrajudicial killings, torture, or other gross violations of
constitutional concerns...
internationally recognized human rights.” Designated
“Finally, section 1263(d) purports to require me to
individuals are subject to sanctions—blocking of assets
determine whether a foreign person has committed a
under U.S. jurisdiction, prohibited from U.S. transactions,
sanctionable human rights violation when I receive a
and denied entry into the United States. To date, the
Department of the Treasury’s Office of Foreign Assets
request to do so from certain members of Congress.
Consistent with the constitutional separation of
Control (OFAC) has designated 49 Russians who are
powers, which limit the Congress’s ability to dictate
subject to Magnitsky sanctions. OFAC also published
how the executive branch executes the law, I wil
regulations to define the responsibilities of persons under
maintain my discretion to decline to act on such requests
U.S. jurisdiction who might consider engaging with the
when appropriate.” (emphasis added)
Magnitsky designees (31 C.F.R. Part 584).
Going Global

Congress took the terms of the Russia-focused Magnitsky
In addition, Congress created a means for foreign
Act to the global stage with the Global Magnitsky Human
governments or nongovernmental organizations to weigh in
Rights Accountability Act (P.L. 114-328, subtitle F, title
with “credible information” on possible designees.
XII; 22 U.S.C. 2656 note). The act authorizes the President
to deny entry into the United States, revoke a visa, block
The act authorizes the President to delist an individual if he
property under U.S. jurisdiction of, and prohibit U.S.
determines that (1) the offense did not occur; (2) the person
has been prosecuted for the offense; (3) the person has
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The Global Magnitsky Human Rights Accountability Act
changed his or her behavior, “paid an appropriate
Implementing the Act
consequence,” and is committed to acceptable future
On December 20, 2017, President Trump issued Executive
behavior; or (4) it is in the national security interests of the
Order 13818, finding that “the prevalence and severity of
United States to terminate the designation.
human rights abuse and corruption ... have reached such
Human Rights and Corruption
scope and gravity that they threaten the stability of
international political and economic systems” and
Concern for human rights—as both a moral and pragmatic
“constitute an unusual and extraordinary threat to the
matter—has long been an element of U.S. foreign policy. In
national security, foreign policy, and economy of the
1976, Congress established the position of Coordinator for
United States,” invoking the act and emergency authorities
Human Rights and Humanitarian Affairs in the State
stated in the NEA and IEEPA. The President made the first
Department. Today, the position is elevated to Assistant
designations under Global Magnitsky, identifying 13
Secretary of State for Democracy, Human Rights, and
individuals for their engagement in human rights abuse and
Labor. The Assistant Secretary oversees the department’s
corruption, among them a former president and high-
decision-making related to “the government of any country
ranking government officials; cronies who plunder natural
which engages in a consistent pattern of gross violations of
resources, expropriate businesses for personal gain, and
internationally recognized human rights, including torture
administer extortion rackets; arms dealers; military and
or cruel, inhuman, or degrading treatment or punishment,
police officers implicated in mass atrocities, wrongful
prolonged detention without charges, causing the
detentions, and denying medical treatment to the detained;
disappearance of persons by the abduction and clandestine
and a “surgeon specializing in kidney transplants” who is
detention of those persons, or other flagrant denial of the
suspected of “kidnapping, wrongful confinement, and the
right to life, liberty, and the security of person” (22 U.S.C.
removal of and trafficking in human organs.”
2151n), exploitation of children, international religious
freedom, trafficking in persons, and U.S. obligations under
OFAC identified two additional individuals another and 37
relevant international agreements and treaties.
entities associated with the 15 individual designees overall,
bringing the 2017 designations to 52.
Human rights violations can be grounds for the United
States to curtail foreign aid and security assistance under
DESIGNATIONS OF JUNE 2018
the Foreign Assistance Act of 1961, various supporting
laws that target certain forms of egregious behavior (e.g.,
On June 12, 2018, OFAC announced seven new
religious persecution, or trafficking in persons), and laws
designations—two individuals and five entities—for
that target particular foreign governments (most notably
Global Magnitsky sanctions, including: General Hing
those of Iran, North Korea, Russia, Sudan, Syria, and
Bun Hieng, of Cambodia, for human rights abuses;
Venezuela). Annual foreign operations appropriations, in
and Senator Felix Ramon Bautista Rosario, of
addition, have for several years required the Secretary of
the Dominican Republic, cited for corruption—
State to deny visas to enter the United States to officials of
money laundering, embezzlement, and bribery—
foreign governments and their immediate family members
related to earthquake reconstruction efforts in Haiti.
about whom the Secretary has credible information that the
OFAC also designated five entities owned or
individual is “involved in significant corruption, including
controlled by Bautista.
corruption related to the extraction of natural resources, or a
gross violation of human rights” (most recently in P.L. 115-
On June 15, 2018, OFAC designated 14 entities
141 at §7031(c); 8 U.S.C. 1182 note).
associated with Dan Gertler, a businessperson
involved in the Democratic Republic of the
The President has, on occasion, used emergency authorities
Congo’s oil and mining industries who was named in
granted his office in the National Emergencies Act (NEA;
2017 as part of the original designation group.
P.L. 94-412; 50 U.S.C. 1601 et seq.) and International
Emergency Economic Powers Act (IEEPA; P.L. 95-223; 50
In sanctions regimes, generally, the State Department, with
U.S.C. 1701 et seq.) to restrict transactions with persons
input from the Department of Justice, administers visas, and
and entities he designates as involved in nefarious
the Treasury’s OFAC administers restrictions on
activities—including, but not solely, human rights abuses
transactions and U.S.-based assets. Going forward, the
(e.g., individuals—primarily government officials—in
President, and those to whom he delegated responsibilities
Belarus, Burundi, Central African Republic, Democratic
in the act, may make additional designations at any time.
Republic of the Congo, Iran, Libya, North Korea, Russia,
Somalia, South Sudan, Sudan, Syria, Western Balkans,
Annually, on December 10, the President is required to
Venezuela, and Zimbabwe, and associates of Hezbollah).
report to Congress on designations made over the previous
year. On December 23, 2022, the legislative authorities
Nonetheless, imposing economic penalty in an attempt to
end. Because the President invoked IEEPA, however, the
achieve human rights standards is a challenge for
authority to target human rights abusers could continue
policymakers, who have to take into account political
beyond that date.
dynamics—the role of alliances, the extent of U.S. leverage,
and weighing human rights goals against other concerns
Dianne E. Rennack, Specialist in Foreign Policy
such as deterring terrorism or weapons proliferation.
Legislation
IF10576
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The Global Magnitsky Human Rights Accountability Act


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https://crsreports.congress.gov | IF10576 · VERSION 8 · UPDATED

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