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Magnitsky Act

Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012
Great Seal of the United States
Long title An Act To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to products of the Russian Federation and Moldova and to require reports on the compliance of the Russian Federation with its obligations as a member of the World Trade Organization, and for other purposes.
Nicknames Magnitsky Act
Enacted by the 112th United States Congress
Citations
Public law Pub.L. 112–208
Statutes at Large 126 Stat. 1496
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

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 President Obama in November–December 2012, intending to punish Russian officials responsible for the death of Russian lawyer Sergei Magnitsky in a Moscow prison in 2009.

In 2009, Russian lawyer and auditor Sergei Magnitsky died in a Moscow prison after investigating fraud involving Russian tax officials. While in prison, Magnitsky developed gall stones, pancreatitis and calculous cholecystitis and was refused medical treatment for months. Finally, after almost a year of imprisonment and on the verge of death, Magnitsky was transferred to a Moscow hospital. There he was not greeted by a doctor but instead a number of Russian OMON who bludgeoned him to death.

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). 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. 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.

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. On December 6, 2012, the U.S. Senate passed the House version of the law. The law was signed by President Barack Obama on December 14, 2012.

The Obama administration made public a list of 18 individuals affected by the Act in April 2013. The people included on the list are:

In response to adoption of the Magnitsky Act, the Russian government denied Americans adoption of Russian children, issued a list of US officials prohibited from entering Russia, and posthumously convicted Magnitsky as guilty. In addition, the Russian government reportedly lobbied against the legislation acting through a public relations company led by Kenneth Duberstein.


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