A/HRC/45/7
had been sanctioned in connection with the Magnitsky Act, which sought to introduce
targeted sanctions against a broad number of people for the alleged commission of a
specific crime rather than for the massive and gross violations of fundamental human rights
in the absence of procedural guarantees.
41.
The Special Rapporteur also notes the expansion of the Magnitsky sanctions in
terms of both territorial application and scope. In particular, the adoption of the Global
Magnitsky Human Rights Accountability Act of 2016 allowed the United States to impose
targeted sanctions against people and entities “determined, among other things, to be
responsible for or complicit in, or to have directly or indirectly engaged in, certain human
rights abuses or corrupt acts anywhere in the world”31 by expanding the notion of “official
corruption”. 32 Executive Order 13818 expanded the application of the Magnitsky Act to
include blocking the property of a broad group of individuals. Sanctions also include the
ineligibility to receive visas, the revocation of already issued visas or other documents and
the blocking of property without court consideration. 33 As of 8 May 2020, global Magnitsky
sanctions had been applied to 94 persons, including officials from 24 countries, and 102
entities.
42.
Similar legislation has been adopted and implemented in Estonia (2016), 34 Canada
(2017), 35 Lithuania (2017), 36 Gibraltar (2017), 37 Latvia (2018), 38 Jersey (2019) 39 and
Kosovo (2020).40 The States members of the European Union, 41 as well as a number of
other States (Australia, 42 the United Kingdom of Great Britain and Northern Ireland, 43
Georgia44 and Moldova45), have considered adopting or have pending draft legislation of
this kind. The Special Rapporteur notes the selectivity and double standards that arise when
such sanctions are introduced in the absence of any valid legal ground.
43.
Consequently, the Special Rapporteur underscores that the issue of extraterritoriality
of unilateral sanctions, already considered by the former Special Rapporteur,46 becomes all
31
32
33
34
35
36
37
38
39
40
41
42
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44
45
46
8
See www.treasury.gov/resource-center/sanctions/Programs/Documents/12212017_glomag_faqs.pdf.
Sergei Magnitsky Rule of Law Accountability Act of 2012, sect. 402 (a) (12).
National Defense Authorization Act for Fiscal Year 2017, sect. 1263 (b).
Obligation to Leave and Prohibition on Entry Act of 1998, as amended. See also European
Observatory of Crimes and Security, “Estonia becomes first European nation to introduce a
‘Magnitsky law‘“, 12 December 2016.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).
Law on the Legal Status of Aliens, as amended. See also Renée Picard, “Lithuania: parliament adopts
version of Magnitsky Act“, Organized Crime and Corruption Reporting Project, 16 November 2017.
Proceeds of Crime Act of 2015, as amended. See also “Govt tables ‘Magnitsky amendment’ to
Proceeds of Crime legislation“, Gibraltar Chronicle, 10 November 2017.
Decision of 8 February 2018 entitled “On the proposal to introduce sanctions against the officials
connected to the Sergei Magnitsky case”. See also www.saeima.lv/en/news/saeimanews/page:55/26575-saeima-approves-proposed-sanctions-against-the-officials-connected-to-thesergei-magnitsky-case.
Sanctions and Asset-Freezing (Jersey) Law 2019.
Magnitsky Act. See also Xhorxhina Bami, “Outgoing Kosovo govt adopts Magnitsky Act“, Balkan
Insight, 29 January 2020.
See www.europarl.europa.eu/news/en/press-room/20190307IPR30748/meps-call-for-eu-magnitskyact-to-impose-sanctions-on-human-rights-abusers; Council of the European Union, outcome of
Council 3738th meeting, 9 December 2019 (EU Doc.14949/19), p. 6; Jacopo Barigazzi, “EU to
prepare Magnitsky-style human rights sanctions regime“, Politico, 9 December 2019.
The Parliament of Australia has initiated an inquiry into the use of targeted sanctions to address
human rights abuses. See
www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/M
agnitskyAct.
William James and Kyle MacLellan, “Britain to introduce a Magnitsky law after Brexit: Foreign
minister“, Reuters, 29 September 2019; Polina Lyadnova, Matthew Fisher and Edward Crane, “UK
Passes New Sanctions Legislation“, Cleary Gottlieb, 12 June 2018.
Maria Shagina, “Magnitsky-style sanctions in the Eastern Partnership“, European Council on Foreign
Relations, 26 April 2019.
Ibid.
A/HRC/39/54.
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