Stop the Untouchables. Justice for Sergei Magnitsky.

President Obama Should Uphold the Magnitsky Act’s Legislative Intent

The Foundry – Heritage Foundation

Next week, the Obama Administration faces an important foreign policy decision in U.S. relations with Russia—how to champion human rights and the rule of law. The State Department is trying to avoid a gust of chilling wind from Moscow.

However, the last thing the Administration should do is show weakness to Moscow or subvert the will of Congress as stipulated in the recent Sergei Magnitsky Rule of Law Accountability Act of 2012 signed by President Obama last December.

Under the Magnitsky Act, the State Department is supposed to submit a list of corrupt Russian officials who are gross violators of human rights. The U.S. will then ban these violators’ travel to the U.S. and freeze any assets they hold in American banks. The State Department has until April 13 to compile such a list for implementation.

The Magnitsky Act’s intent is to name and shame the corrupt officials responsible for whistleblower Sergei Magnitsky’s brutal death in 2009 and send a message that the U.S. takes human rights violations in Russia seriously.

However, one of the law’s co-sponsors doubts Obama’s resolve to implement the list. Representative Jim McGovern (D–MA) created his own list of officials as he fears for how the Magnitsky Act will be enforced and whether the Administration’s list will have enough teeth. McGovern’s list includes 280 names, including Yuri Chaika, the Prosecutor General of Russia who closed the investigation into Magintsky’s death; the head of the Russian Investigative Committee; and numerous secret policy and law enforcement officials involved in this and other cases.