Overview
UN Sanctions
The UN does not have a general human rights sanctions regime, but many of the country-specific regimes were established in response to human rights abuses.
EU Sanctions
In December 2020, the EU adopted Council Regulation (EU) 2020/1998 and Council Decision (CFSP) 2020/1999 to establish a new sanctions regime to address serious human rights abuses worldwide.
The EU designation criteria are individuals, entities, and bodies that are responsible for:
- genocide, crimes against humanity, torture and other cruel, inhuman or degrading treatment or punishment, slavery, extrajudicial killings, enforced disappearances, arbitrary arrests or detentions.
- widespread or systematic human trafficking, sexual and gender based violence, violations of peaceful assembly or association, of freedom of opinion / expression / religion / belief (insofar as the violations are of serious concern to EU foreign policy objectives).
- provide financial, technical, or material support to, or are otherwise involved in the above acts, including by planning, directing, ordering, assisting, preparing, facilitating, or encouraging such acts.
- are associated with people in categories (1) and (2) above.
UK Sanctions
In July 2020, the UK adopted the Global Human Rights Sanctions Regulations 2020 to deter and provide accountability for activities which if carried out by or on behalf of a State, would amount to a serious violation of certain human rights.
Individuals and entities can be designated where the Secretary of State has reasonable grounds to suspect that a person or entity is “involved in” a serious violation by or on behalf of a State of:
- the right to life;
- the right not to be subjected to torture or cruel or inhuman or degrading treatment; and
- the right to be free from slavery.
Being “involved” in a violation means someone who:
- is responsible for or engages in such an activity;
- facilitates, incites, promotes or provides support for such an activity;
- conceals evidence of such an activity;
- provides financial services, or makes available funds, economic resources, goods or technology, knowing or having reasonable cause to suspect that those financial services, funds, economic resources, goods or technology will or may contribute to such an activity;
- provides financial services, or makes available funds, economic resources, goods or technology to a person responsible for or engaging in activity;
- profits financially or obtains any other benefit from an activity;
- is responsible for the investigation or prosecution of such an activity and intentionally or recklessly fails to fulfil that responsibility; or
- contravenes, or assists with the contravention of, the prohibitions in the regulations (ie the asset freeze etc).
The Secretary of State can also designate persons owned or controlled by, acting on behalf of, or associated with the above people.
The Secretary of State must also think that designation is “appropriate” having regard to the purpose of the human rights regulations (which is to deter and provide accountability for human rights violations), and the likely significant effects of designation on that person.
US Sanctions
In December 2017, the US adopted EO 13818 as the basis for its human rights (and corruption) sanctions regime (Global Magnitsky), which imposes sanctions on any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse.
Current EU Sanctions
In December 2020, the EU adopted Council Regulation (EU) 2020/1998 and Council Decision (CFSP) 2020/1999 to establish a new sanctions regime to address serious human rights abuses worldwide.
The EU designation criteria are individuals, entities, and bodies that are responsible for:
- genocide, crimes against humanity, torture and other cruel, inhuman or degrading treatment or punishment, slavery, extrajudicial killings, enforced disappearances, arbitrary arrests or detentions.
- widespread or systematic human trafficking, sexual and gender based violence, violations of peaceful assembly or association, of freedom of opinion / expression / religion / belief (insofar as the violations are of serious concern to EU foreign policy objectives).
- provide financial, technical, or material support to, or are otherwise involved in the above acts, including by planning, directing, ordering, assisting, preparing, facilitating, or encouraging such acts.
- are associated with people in categories (1) and (2) above.
Current UK Sanctions
In July 2020, the UK adopted the Global Human Rights Sanctions Regulations 2020 to deter and provide accountability for activities which if carried out by or on behalf of a State, would amount to a serious violation of certain human rights.
Individuals and entities can be designated where the Secretary of State has reasonable grounds to suspect that a person or entity is “involved in” a serious violation by or on behalf of a State of:
- the right to life;
- the right not to be subjected to torture or cruel or inhuman or degrading treatment; and
- the right to be free from slavery.
Being “involved” in a violation means someone who:
- is responsible for or engages in such an activity;
- facilitates, incites, promotes or provides support for such an activity;
- conceals evidence of such an activity;
- provides financial services, or makes available funds, economic resources, goods or technology, knowing or having reasonable cause to suspect that those financial services, funds, economic resources, goods or technology will or may contribute to such an activity;
- provides financial services, or makes available funds, economic resources, goods or technology to a person responsible for or engaging in activity;
- profits financially or obtains any other benefit from an activity;
- is responsible for the investigation or prosecution of such an activity and intentionally or recklessly fails to fulfil that responsibility; or
- contravenes, or assists with the contravention of, the prohibitions in the regulations (ie the asset freeze etc).
The Secretary of State can also designate persons owned or controlled by, acting on behalf of, or associated with the above people.
The Secretary of State must also think that designation is “appropriate” having regard to the purpose of the human rights regulations (which is to deter and provide accountability for human rights violations), and the likely significant effects of designation on that person.
Current US Sanctions
In December 2017, the US adopted EO 13818 as the basis for its human rights (and corruption) sanctions regime (Global Magnitsky), which imposes sanctions on any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse.
- Legislation
31 CFR Part 583 – Global Magnitsky Sanctions Regulations
Global Magnitsky Human Rights Accountability Act 22 U.S.C. 2656 note – Public Law 114-328
- Sanctions List
Search GLOMAG Program on the OFAC SDN List
- Guidance
- US General Licences
Global Magnitsky General License 3 – Authorizing Transactions Related to Debt or Equity of Pingtan Marine Enterprise Ltd. (December 09, 2022)
Global Magnitsky General License 4 – Authorizing the Wind Down of Transactions Involving Certain Vessels (December 09, 2022)
Global Magnitsky General License 5 – Authorizing Certain Transactions Related to Frigorifico Chajha S.A.E. (January 26, 2023)
Global Magnitsky General License 6 – Authorizing the Wind Down of Transactions Involving Bebidas USA Inc., Tabacos USA Inc., Frigorifico Chajha S.A.E., Dominicana Acquisition S.A., or Certain Blocked Entities Owned by Horacio Manuel Cartes Jara (January 26, 2023)
Global Magnitsky General License 7 – Authorizing Certain Transactions Involving Tabacalera del Este S.A. or Tabacos USA Inc. Pursuant to the Tobacco Master Settlement Agreement (March 31, 2023)
