US Senator Cardin Submits Unprecedented Legislation Dramatically Expanding the Magnitsky Sanctions in Russia

May 20, 2011

Today, Senator Benjamin Cardin (D-Md.) submitted a new version of the Sergei Magnitsky legislation which would impose sanctions against Russian officials who perpetrate human rights abuses and face no accountability.

The new bill entitled: “The Sergei Magnitsky Rule of Law Accountability Act of 2011” follows on from the previous “Justice for Sergei Magnitsky Act of 2010” which was submitted in the 111^th Congress. Like the previous bill, this law will specifically cancel visas and deny entry into the US to all those who played a role in the false arrest, torture and death of 37-year old anti-corruption lawyer Sergei Magnitsky, and those involved in the corruption and thefts of public funds that he had exposed. The new version of the law also applies sanctions to Russian officials who participated in the cover-up of those individuals who tortured and killed Mr. Magnitsky.

In addition, the new Magnitsky Act takes a dramatic step forward and will apply sanctions to all those who are involved in killings, gross abuse and torture of human rights activists, journalists, anti corruption whistleblowers and other fighters for democracy and rule of law. Specifically, the visa ban will affect all individuals in the Russian Federation who are:

“responsible for extrajudicial killings, torture, or other gross violations of human rights committed against individuals seeking to expose illegal activity carried out by officials of the Government of the Russian Federation; or to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly and the rights to a fair trial and democratic elections.”

The Magnitsky Act is co-sponsored by 15 Senators from both parties:

Republican	Democrat
Jon Kyl (R-AZ) Assistant Minority Leader Republican Whip	Dick Durbin (D-IL) Assistant Majority Leader Democratic Whip
John McCain (R-AZ)	Benjamin Cardin (D-MD)
Roger Wicker (R-MS)	Sheldon Whitehouse (D-RI)
Mike Johanns (R-NE)	Jeanne Shaheen (D-NH)
Mark Kirk (R-IL)	Mark Begich (D-AK)
Marco Rubio (R-FL)	Richard Blumenthal (D-CT)
Kelly Ayotte (R-NH)	Thomas Udall (D-NM)
	Independent
	Joseph Lieberman (I-CT)

The Magnitsky Act was formally submitted to the Senate by Senator Benjamin Cardin, a Co-Chairman of the US Helsinki Commission and one of Sergei Magnitsky’s earliest champions in the US Congress.

Upon submitting the new legislation today, Senator Cardin said,

“Magnitsky’s life and tragic death remind us all that some things are more valuable than success, comfort, or even life itself –truth is one of those things. May his example be a rebuke to those whose greed or cowardice has blinded them to their duties, an inspiration to still greater integrity for those laboring quietly in the mundane yet necessary tasks of life, and a comfort to those wrongly accused.”

In a key paragraph, the Magnitsky Act states:
“Sergei Magnitsky’s experience, while particularly illustrative of the negative effects of official corruption on the rights of an individual citizen, appears to be emblematic of a broader pattern of disregard for the numerous domestic and international human rights commitments of the Russian Federation and impunity for those who violate basic human rights and freedoms.”

William Browder, CEO of Hermitage Capital,  said:
“We will never to be able to bring Sergei back, but this bill creates real consequences for those who persecute innocent victims in Russia. It offers some hope to those who find themselves in Sergei’s position, both well-known as well as those suffering in silence.”

In remarks made when submitting the bill, Senator Cardin further said:
“We see before us a tale of two Russias, the double headed eagle if you will. To whom does the future of Russia belong? Does it belong to the Yevgenia Chirikovas, Alexey Navalnys, Oleg Orlovs and countless other courageous, hard working, and patriotic Russians who expose corruption and fight for human rights or those who inhabit the shadows abusing and stealing from their fellow citizens?”

The Sergei Magnitsky bill will impose financial sanctions and asset freezes against the targeted individuals. It calls for the Secretary of the Treasury to:

“freeze and prohibit all transactions in all property and interests in property of a person that are in the United States, that come within the United States, or that are or come within the possession or control of a United States person”.

In addition, the bill instructs the Secretary of the Treasury to investigate money laundering related to the conspiracy uncovered and exposed by Sergei Magnitsky, the theft by Russian officials and organised criminals of $230 million of public funds and the misappropriation of companies from the Hermitage Fund. It requires of all US financial institutions to perform an audit of the assets within their possession or control “to determine whether any of such assets are required to be frozen” and to freeze those assets.

William Browder said:
“We are witnessing a groundswell of support for this campaign in Washington. People are universally moved by Sergei’s tragic and heroic story and shocked by the impunity of his tormentors. This dramatic step taken in the US Senate advances the fight against Russian corruption and further defines Sergei Magnitsky’s legacy.”

The number of original co-sponsors of the bill has grown seven-fold since the last Congressional session. The co-sponsors now include both the Republican and Democratic Senate Whips – Senators Durbin and Kyl – which will significantly improve the chances that the bill is passed due to the prominence and seniority of these Senators. Other co-sponsors include Senator John McCain, Republication nominee for the US Presidency in 2008 who was tortured and spent 5 ½ years as a prisoner of war during the Vietnam War, as well as Joe Lieberman, Democratic nominee for the US Vice Presidency in 2000. The bill’s co-sponsors include key members of the Judiciary and Foreign Relations Committees.

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