Posts Tagged ‘congress’
A chance to stand up to Putin
In November 2009, the lawyer Sergei Magnitsky was beaten to death by guards after 358 days in “preventive custody” in Moscow. His offence had been to uncover a massive tax fraud scheme stretching high into the Russian government. The case became a cause célèbre, Exhibit A of the lawlessness and corruption that plagues the country’s business life.
Now, almost three years later, in a rare display of bipartisanship, the US Congress is moving to pass the Sergei Magnitsky Rule of Law Accountability Act, denying visas to Russians implicated in human rights abuses and freezing their financial assets. Congress is absolutely right to pursue such legislation. But it is essential it does so in the right way. What would be wrong would be – as some on Capitol Hill demand – to link the passage of the Magnitsky Bill directly to the repeal of the Jackson-Vanik amendment.
The latter is an obsolete vestige of the Cold War, dating from 1974 and imposing trade restrictions designed to force Moscow to accelerate the emigration of Soviet Jews. That problem no longer exists, and since 1990 Jackson-Vanik has been waived annually. It is time for it to go for good. Russia is about to join the World Trade Organisation. Not only will membership bind it further into a global system of rules and laws. If the US persists with Jackson-Vanik, it will itself be in violation of WTO rules. But to insist that Jackson-Vanik be replaced by the Magnitsky bill is the wrong course, playing into President Putin’s argument that Washington and the West are viscerally and irredeemably anti-Russian.
The Magnitsky Bill stands on its own merits. Yes, objections can be made. It is, by any standard, interference in the internal affairs of another country. Understandably, the Obama administration, anxious not to jeopardise Russian co-operation over international problems from Iran to Syria, is extremely wary of it. And who will decide which individuals are targeted – the State Department, or Congress? The measure could even prove counter-productive, further poisoning business practices in Russia as feuding factions and oligarchs seek to have each other placed on Washington’s blacklist.
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Senator denies Russian report on Magnitskiy case based on official inquiry
Interfax
There has been no parliamentary investigation of the Magnitskiy [Magnitsky] case in Russia, head of the Federation Council International Affairs Committee Mikhail Margelov has told Interfax.
“Although there has been no special parliamentary investigation of the Magnitskiy case, this does not mean that any Russian senator cannot have his point of view based on the study of documents,” Margelov said, commenting on information in the media about a report which was presented to the US side by a group of members of the Federation Council in Washington.
According to Margelov, the delegation members had requested the necessary documents in the relevant departments and held series of meetings with their leaders and experts.
“This is a common practice of preparing such meetings, so the note which was passed to the US side reflects the Russian theory of the case. To avoid broad interpretation, the document is called ‘The results of a preliminary parliamentary investigation’, not a parliamentary investigation in the usual sense,” Margelov told the agency.
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Magnitsky bill opens door to wider targets
When the Magnitsky bill first started making its way through the US Congress a couple of years ago, its authors had one target in mind: to punish Russian officials behind the death of Sergei Magnitsky, a lawyer who blew the whistle on a government corruption case and died in jail.
With human rights causes, however, one powerful example can sometimes open the door to much broader action. This could well happen with the Magnitsky bill. As the legislation gets closer to passage – potentially this month – the human rights lobby is on the verge of winning an important tool to influence US foreign policy.
While Russian corruption was the initial target, some in Congress are already thinking about other causes it can be used to pursue. And they have some big fish in mind. “If the bill stays as it is at the moment,” says one Senate staff member involved with the legislation, “this will be as much about China as it is about Russia.”When Magnitsky was doing some legal work for the Hermitage investment group, he discovered evidence that a group of Russian officials had effectively stolen $230m in tax payments made by Hermitage. When he detailed his allegations, he was arrested in late 2008 and accused of fraud.
Nearly a year later, he died in jail after being denied medical treatment.
Two years ago, a couple of Democrats in Congress started to push a bill that named the 60 Russian officials and police officers they said were behind Magnitsky’s death.
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Time running out for Russia trade bill
The Russian parliament is expected to vote to join the World Trade Organization (WTP) on Tuesday, giving Congress a short window to either adopt trade legislation or risk seeing U.S. companies trail competitors in the world’s ninth-largest economy.
Establishing normal trade relations with Russia is a no-brainer for U.S. businesses eyeing a vast export market, but lawmakers in the House and Senate are still debating how to do that while retaining leverage over the country on human rights.
Once the Russian parliament ratifies accession to the world trade body, Russia will automatically become a WTO member within 30 days. If the vote happens Tuesday, it means Congress would have to act before the August recess to prevent U.S. companies from losing out.
“The [Obama] administration has consistently urged Congress to terminate application of the Jackson-Vanik amendment and authorize the president to extend permanent normal trade relations to Russia before it becomes a WTO Member,” a spokesperson for the Office of the U.S. Trade Representative told The Hill via e-mail.
Doing so would “ensure that American workers and businesses will be able to reap the full benefits of Russia’s WTO membership and to put them on a level playing field with their competitors in Latin America, Europe and Asia,” the spokesperson said.
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Magnitsky bill and Russian national interests
Valdaiclub.com interview with Nikolai Zlobin, Senior Fellow and Director of the Russia and Asia Programs at the World Security Institute in Washington, D.C., member of the Valdai Discussion Club.
What do you think is the likelihood that President Obama will veto the bill on visa sanctions against the Russians who are allegedly involved in human rights violations (the Magnitsky list)?
Vetoing this bill by the president of the United States is highly unlikely. The White House and the State Department have made an administrative decision with regard to this issue a long time ago. This list has been used by the State Department for a fairly long time, and these people are banned from entering the United States.
Many in the U.S. administration are saying that this move is more pro-Russian than anti-Russian. Vladimir Putin and Dmitry Medvedev have on many occasions stated the need to combat corruption. Therefore, the Americans are thus helping them by not letting in people who committed crimes in Russia and are seeking refuge abroad. These people will be unable to leave Russia and won’t be allowed to transfer their money, families or property to the United States.
If President Obama vetoes this bill, it will trigger a violent reaction in Congress, primarily among the Republicans, who are seeking to discredit his Russia policy, because he and his administration spearheaded this list. If Obama vetoes it, it will cause a huge wave of criticism.
Do you think the Magnitsky List will be expanded? When will the names on this list be disclosed?
Each country can decide who and when can cross its borders without providing any explanations. The fact that the list is being adopted by Congress as legislation makes it more stable. Otherwise, it could have been modified to accommodate internal instructions from U.S. officials. This will not happen to the Magnitsky List.
Once Congress passes the bill, they will no longer be able to keep the names on this list secret. Under the Freedom of Information Act, any journalist, including from Russia, will be able to request the names.
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Magnitsky Act: Congress Should Uphold America’s Commitment to Human Rights
On Tuesday, the Senate Foreign Relation Committee unanimously passed the Sergei Magnitsky Rule of Law Accountability Act, which would ban Russian officials involved in Magnitsky’s death from entering the U.S. and using U.S. financial institutions. The bill was cleared earlier this month by a House committee.
Russian deputy foreign minister Sergei Ryabkov called the Senate committee’s decision “counterproductive” and threatened “harsh” retaliation, including banning certain U.S. officials from visiting Russia. This past May, the Russian ambassador also threatened to retaliate if the Magnitsky act becomes law.
Be that as it may, the Obama Administration and Congress should not yield to Russian threats but should uphold America’s commitment to human rights. Russian officials should have thanked American lawmakers for stepping in where Russian law enforcement failed abysmally.
Magnitsky’s in a Russian prison is a demonstration of rampant corruption in the Russian state’s highest echelons. Magnitsky was a 37-year-old attorney and accountant who worked for Hermitage, then the largest Western private equity fund in Russia. In the course of his work, he uncovered a giant alleged corruption scheme that involved embezzlements of $230 million from the Russian treasury by law enforcement and tax officials.
After making accusations, he was placed in prison, where he was beaten mercilessly by guards and denied medical care, which led to his tragic death. An investigation by the Russian Presidential Council on Human Rights has confirmed as much. However, this has not resulted in the punishment of those involved. On the contrary, some of the culprits were even promoted and decorated.
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Magnitsky Human Rights Sanctions Advance in Senate, Russia’s Thugs on Notice
Although it has never been difficult to distinguish between genuine opponents of Vladimir Putin’s regime and the bogus “opposition” tasked with imitating political pluralism, some episodes have been especially indicative. One watershed was the 2008 Georgia war, when many supposed opposition leaders supported Putin’s actions and even urged him to be more aggressive (among the few Russian politicians who spoke out against the invasion was Mikhail Kasyanov).
Another litmus test—perhaps an even more important one—is the Magnitsky Act, a US Congressional initiative which seeks to impose a visa ban and asset freeze on Russian officials involved in violating human rights. The bipartisan measure, which this week passed the Senate Foreign Relations Committee in a unanimous vote (after clearing the counterpart committee in the House—also unanimously—on June 7th), is named after Sergei Magnitsky, a Moscow lawyer who was arrested, tortured, and died in prison after uncovering a $230 million tax fraud scheme involving government officials. As well as those implicated in Magnitsky’s persecution and death, the bill covers officials responsible for any “extrajudicial killings, torture, or other gross violations of internationally recognized human rights”, which include the “freedoms of religion, expression, association, and assembly and the rights to a fair trial and democratic elections.”
The Kremlin’s reaction has been predictable—though still astounding in its defense of murderers, swindlers, and thieves. But, for many observers, the behavior of the official “opposition” was even more eye-opening. Ivan Melnikov, the deputy speaker of the Duma and one of the leaders of the Communist Party, joined the Kremlin in defending abusers, accusing the United States of “creating an instrument…to harass Russian citizens who, for one reason or another, are not liked by the American authorities.” On the substance of the case, Melnikov asserted that “Magnitsky is not the end-all of this world”. (After all, what is the death of one man to a party that had killed millions—and not even apologized for it?) Another “opposition” heavyweight, Vladimir Zhirinovsky, the leader of the ultranationalist LDPR party, went even further, accusing Russian citizens who support Western visa sanctions on Putin regime officials of “betraying the national interests of Russia.” Russia’s national interests have been defined in many ways, but the ability of crooks and murderers to vacation and keep their money abroad has, until now, never been one of them.
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Russian Experts Say Moscow Should Not ‘Overreact’ To Usa’s Magnitskiy Bill
The so-called Magnitskiy Bill, approved by the US Senate Committee on Foreign Relations on 26 June, is designed to replace the Jackson-Vanik amendment as an instrument of influence on Russia, Russian political experts told Interfax, RIA Novosti and One Russia (United Russia) official website on 27 June.
The president of the Institute of Strategic Evaluations, Aleksandr Konovalov, said the adoption of Magnitskiy Bill would go hand in hand with the repeal of the Jackson-Vanik (JV) amendment that remains an obstacle for the US business in Russia.
“Everyone in the USA realizes that the (JV) amendment is getting too outdated, harming US economic interests. The Magnitskiy Bill is a replacement of some sort. Losing one instrument of influence, the (US) Congress aims to have a new one,” he was quoted on One Russia website on 27 June.
The political scientist and Russian MP Vyacheslav Nikonov commented that the bill would most probably be adopted simultaneously with repealing the Jackson-Vanik amendment. Though “the adoption of a harsh sanction such as Magnitskiy Bill would be an unprecedented measure that had not been taken even in the most difficult period of the Cold War”, One Russia website quoted Nikonov as saying.
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Magnitsky showdown nears
The Foreign Relations Committee of the U.S. Senate backed on Tuesday the Sergei Magnitsky Rule of Law Accountability Act, which, if passed by Congress and the U.S. president, will impose sanctions on some 60 Russian officials.
The bill will deny entry to the United States and freeze the accounts of those allegedly responsible for the persecution and death of Sergei Magnitsky, a Russian lawyer who was allegedly killed in jail in 2009 after exposing a graft scheme for a tax refund of $230 million set up by a group of Russian law enforcers, tax officers and judges.
Supported unanimously by the Senate’s panel, the bill has fairly good chances of being adopted. “The White House has never indicated an inclination to veto this legislation,” the office of the bill’s sponsor, Senator Ben Cardin, told The Moscow News.
The only way the bill can be withdrawn is if Russia starts a murder investigation into the death of Magnitsky and the crime he exposed, U.S. lawmakers say.
“If Russia was to prosecute those responsible for Sergei Magnitsky’s death, there would no longer be a need to include those individuals on the public list,” Cardin’s office said.
However, the Russian Prosecutor General’s Office started a criminal case against Magnitsky himself last August, charging him with embezzlement of the same $230 million in tax refunds.
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