Freezing Assets and Banning Travel for Abusers of Human Rights (S. 284)

What is S. 284?

(Updated December 5, 2019)

Calling out anyone from another country who is “responsible for significant corruption, extrajudicial killings, torture, or other gross violations of internationally recognized human rights,” this bill aims to punish those people by barring their entry into the country, and their involvement in the U.S. financial system. These types of sanctions would be authorized against:

• People who have harmed those seeking to expose government corruption, promote human rights and freedom, or assisting others in those efforts.

• Government officials responsible for, or complicit in, ordering or otherwise directing acts of significant corruption. This includes the transfer of the money gained through corruption to foreign countries.

• Anyone who has materially assisted those activities, or provided financial, material, technological support for, or good services to assist in the specified activities.

The President would also be authorized to waive the sanctions if doing so is in the interest of U.S. national security after notifying Congress. Under certain circumstances, the President could also terminate the sanctions. Sanctions would not apply if they are necessary to comply with the Agreement between the United Nations (UN) and the U.S. regarding UN Headquarters or other international obligations of the U.S.

Each year, the President must provide Congress with a report discussing each foreign person sanctioned, the nature of the sanctions, and why they were imposed in the first place.

Argument in favor

As a world leader, the U.S. has a duty take a stand against those who try and step on human rights, repress freedom, and fuel corruption.

Argument opposed

This could complicate U.S. diplomacy — there are a number of countries that the U.S. has stayed on decent terms with that aren’t shining examples of respecting human rights.

Impact

People who suppress human rights or engage in corrupt activities, their victims, U.S. safety, the State Dept., the Dept. of the Treasury, the Dept. of Justice, Congress, the President.

Cost of S. 284

A CBO cost estimate is unavailable.

Additional Info

In-Depth: This bill is a global expansion of the Sergei Magnitsky Rule of Law Accountability Act, which was passed by overwhelming margins — 365 to 43 in the House and 92 to 4 in the Senate — in December 2012. More recently, the Senate Foreign Relations Committee passed this bill unanimously via voice vote.

Sen. John McCain (R-AZ), a cosponsor of this bill, said that extending the original Magnitsky Act would help when it comes to:

“Holding accountable those who commit gross violations of human rights across the world. Standing up for the rule of law and establishing clear consequences for abuses of fundamental human rights serves our nation’s interests.”

Of Note: The Magnitsky Act imposed the first sanctions on Russia for its human rights record in nearly 40 years. It prevented 18 Russians from entering the U.S. or accessing their property in the country for their connection to the death of Sergei Magnitsky — who was found beaten to death in a Moscow prison after investigating government officials for corruption.

Russia was not pleased with the passage of the Magnitsky Act, and responded swiftly by banning 18 American citizens from entering the country the next day. The Duma — Russia’s Parliament — also voted to block the adoption of Russian children by U.S. families.

Media:

• Sponsoring Sen. Ben Cardin (D-MD) Press Release
• Senate Foreign Relations Committee Press Release
  
• Bloomberg
• The Hill (Op-Ed In Favor)
• Freedom House (In Favor)
• Project on Middle East Democracy (In Favor)
• Department of the Treasury (Context)