The (Global) Magnitsky Act(s): Has Combating Corruption and Human Rights Abuses Ever Been at the Forefront of the Sanctions Space?

Abstract

The various initiatives adopted (also, following the death of Sergei Magnitsky) in the United States and in the European Union to counter corruption and human rights violations through sanctions, were seen by some as a critical advancement in international efforts to combat such kind of abuses through, amongst others, individual designations and other targeted sanctions. But, has this ever been the case? After an overview of the main thematic sanctions programs related to human rights violations and corruption, the paper will attempt to examine the effectiveness of such initiatives. Particular attention will be devoted to enforcement, to better understand whether anti-corruption sanctions were recently 'neglected' due to, amongst others, an increased focus on other trade restrictions against Russia, or they actually were never enforced quite vigorously. The paper will also consider the challenges encountered so far in the implementation of such measures, including circumvention by designated individuals, often facilitated by professional enablers, which contributes to undermine their efficacy. Finally, the paper will conclude with policy recommendations, including enhancing international cooperation, fostering national sanctions enforcement, implementing new strategies for tackling sanctions circumvention and strengthening laws related to asset transparency and beneficial ownership, in order to improve the effectiveness of such sanctions regimes.