The United States withdrew, this Friday (12/12), the effects of the Magnitsky law against the Minister of the Federal Supreme Court (STF) Alexandre de Moraes and his wife, Viviane Barci de Moraes. Among the planned sanctions, the measure includes the freezing of assets and accounts in the United States and the ban on entry into North American territory.
But what exactly is the Magnitsky Act and what effects does it have? THE Metropolises details for you.
Read also
-
World
Eduardo Bolsonaro speaks out on Moraes’ withdrawal from Magnitsky
-
World
US withdraws sanctions against Moraes and his wife under the Magnitsky Act
-
World
Trump’s lawyer reinforces Magnitsky with Moraes and leaves a ‘warning’ for Europe
-
Paulo Capelli
US Treasury talks to Moraes about Magnitsky
In practice, Magnitsky Act sanctions affect their targets primarily through economic means, such as freezing assets and bank accounts on American soil or institutions.
The law was adopted following the death of lawyer Sergei Magnitsky, who exposed a state corruption scheme and died in custody in Moscow in 2009.
The case of Sergei Magnitsky launched an international campaign to hold those responsible accountable, and Magnitsky was approved under Barack Obama’s administration in 2012 to punish Russian officials involved in the lawyer’s death.
Moraes targeted by sanctions
- Moraes had been accused of promoting censorship through court orders. According to American parliamentarians, the minister’s orders concern companies located in the United States and citizens who are in the country.
- Target of a lawsuit filed since February by the Rumble platform and Trump Media, the minister is accused by the companies of disrespecting American laws and practicing censorship by blocking profiles in the country.
- On May 21, Marco Rubio, US Secretary of State, said there was a “strong possibility” that Moraes would be the target of US sanctions, based on the Global Magnitsky Act.
- On July 14, the companies filed a new motion with the Florida court challenging Moraes’ ruling that determined the removal of content linked to a commenter’s profile.
Extended rule
In 2016, the rule was expanded with an amendment to include anyone accused of corruption or human rights violations outside the United States. Thus, Magnitsky acquired the possibility of being applied on a global scale.
The first application outside the Russian context occurred during Donald Trump’s first term, in 2017, when three Latin Americans were targeted by sanctions for corruption and human rights violations.
Government officials and their associates may also face sanctions if they participate in corruption schemes, such as embezzlement of public resources, bribery, and money laundering.
The targets are included in the U.S. Office of Foreign Assets Control’s (Ofac) Specially Designated Nationals and Blocked Persons List (SDN List).
Understand the case
The application of the Magnitsky law against Viviane Barci de Moraes, wife of Minister of the Supreme Federal Court (STF) Alexandre de Moraes, consolidated the threats made by the government of Donald Trump shortly after Moraes ordered the house arrest of former President Jair Bolsonaro (PL) on August 4.
At the time, the White House began discussing a package of measures in response to Bolsonaro’s arrest. Among them are the expansion of tariffs in Brazil, the application of the Magnitsky Act to more members of the Supreme Court and the suspension of visas of the Court’s auxiliary judges, federal police authorities and the Attorney General’s Office, as well as politicians working in the STF.
The restrictions imposed on Viviane Barci de Moraes were considered the most feasible measure, which was confirmed in September. Washington understands that sanctioning the lawyer is an “extension” of the measures which already affect Alexandre de Moraes through the Magnitsky law. This measure became even more urgent for the United States after Bolsonaro was sentenced to 27 years and 3 months in prison for attempted coup.
About The Author
