14/09/2019
The Magnitsky Act, formally known as the Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, is a bipartisan bill passed by the U.S. Congress and signed into law by President Barack Obama in December 2012, intending to punish Russian officials responsible for the death of Russian tax accountant Sergei Magnitsky in a Moscow prison in 2009.
Since 2016 the bill, which applies globally, authorizes the US government to sanction those who it sees as human rights offenders, freezing their assets, and ban them from entering the U.S.
LAW.
In June 2012, the United States House Committee on Foreign Affairs reported to the House a bill called the Sergei Magnitsky Rule of Law Accountability Act of 2012 (H.R. 4405).[8] The main intention of the law was to punish Russian officials who were thought to be responsible for the death of Sergei Magnitsky by prohibiting their entrance to the United States and their use of its banking system.[9] The legislation was taken up by a Senate panel the next week, sponsored by Senator Ben Cardin, and cited in a broader review of the mounting tensions in the international relationship.[10][11] Browder later wrote that the Magnitsky Act found quick bipartisan support because the corruption exposed by Magnitsky was blatant beyond dispute, and "[t]here wasn't a pro-Russian-torture-and-murder lobby to oppose it."[6]p. 329
In November 2012, provisions of the Magnitsky bill were attached to a House bill (H.R. 6156) normalizing trade with Russia (i.e., repealing the Jackson–Vanik amendment) and Moldova.[12] On December 6, 2012, the U.S. Senate passed the House version of the law, 92–4.[9] The law was signed by President Barack Obama on December 14, 2012.[13][14][15][16][17]
In 2016, Congress enacted the Global Magnitsky Act, which allows the US government to sanction foreign government officials implicated in human rights abuses anywhere in the world.[18].
Background
In 2009, Russian tax accountant Sergei Magnitsky died in a Moscow prison after investigating a $230 million fraud involving Russian tax officials.[2] Magnitsky was accused of committing the fraud himself and detained.[2] While in prison, Magnitsky developed gall stones, pancreatitis and calculous cholecystitis and was refused medical treatment for months. After almost a year of imprisonment, he was allegedly beaten to death while in custody.[3][4][5] Magnitsky's friend Bill Browder, a prominent American-born businessman working extensively in the Russian Federation after the collapse of the USSR, publicized the case and lobbied American officials to pass legislation sanctioning Russian individuals involved in corruption.[6] Browder brought the case to Senators Benjamin Cardin and John McCain, who proceeded to propose legislation.[7]
Legislative history
Introduced in the House as "Russia and Moldova Jackson–Vanik Repeal Act of 2012" (H.R. 6156) by Dave Camp (R-MI) on July 19, 2012
Committee consideration by House Ways and Means
Passed the House on November 16, 2012 (365–43)
Passed the Senate on December 6, 2012 (92–4)
Signed into law by President Barack Obama on December 14, 2012
