The United States announced on Monday (22) the inclusion of Viviane Barci de Moraes, wife of Minister Alexandre de Moraes, of the Supreme Court (STF) ,. The measure, which occurs less than two months.
Although the warning does not provide further details, the designation of the sanction occurs after Washington warned that it would make more retaliation to Brazil due to the conviction of former President Jair Bolsonaro (PL) in the STF by coup d’état.
What is the magnitsky law?
It is American legislation that allows the United States to impose economic sanctions on individuals accused of corruption or serious human rights violations.
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Approved in 2012, during the government of Barack Obama, the law provides for measures such as blocking bank accounts and goods on US soil, as well as the prohibition of entry into the country.
The legislation was created after Sergei Magnitsky’s death, a Russian lawyer who denounced a corruption scheme involving his country’s authorities and died in a Moscow prison in 2009. Initially, the law aimed to punish those responsible for his death.
In 2016, an amendment expanded its reach, allowing anyone involved in corruption or abuses against human rights to be included in the list of sanctions.
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Who can be punished by law?
In order for sanctions to be applied to foreign individuals, the president of the United States must present reliable evidence of infractions, such as extrajudicial executions, torture and other serious human rights violations. The measures can reach agents that repress allegations of corruption, surround fundamental freedoms or act against democratic elections.
Civil servants and their associates can be sanctioned if they are involved in significant corruption schemes such as diversion of public resources, bribery and money laundering. The law also provides punishments for those who finance or materially support these illicit activities, preventing those responsible from moving goods and accessing the US financial system.
Magnitsky’s targets are included in the list of specially designated citizens and blocked people (SDN List) of the US Foreign Asset Control Agency (OFAC).
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What are the sanctions planned?
Those included in the list may have assets and bank accounts blocked in the United States, as well as the cancellation of the visa and prohibition of entry in the country. These measures are applied to people, companies or organizations involved in financial crimes or human rights violations.
To be removed from the list, the individual must prove that he was not linked to the illegal activities that motivated the punishment, who has already responded in court or that has changed his behavior significantly.
In some cases, sanctions may be withdrawn if the US government considers it important for national security. The president must inform Congress at least 15 days in advance before making this decision.
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Who decides who is punished?
The final decision is up to the president of the United States. According to Magnitsky Law, the president must present evidence to the US Congress of alleged human rights violations to justify sanctions. Remember that, currently, the president has a majority in the two American legislative houses.
What are the main sanctions foreseen?
- Freezing assets under American jurisdiction: The target loses access to bank accounts, properties and investments located in the United States.
- LOCK OF CARDS: As a consequence of freezing goods, credit cards issued by American flags are automatically blocked. In addition, access to dollar assets is suspended even if they are outside the US territory.
- Prohibition of entry in the United States: The target is prevented from entering the country.
- Prohibition of negotiating with American companies and citizens: The target cannot do business with US entities or people.
- Suspension of social networks: United States -based technology companies, such as Google, may be required to suspend or close personal and institutional accounts of those sanctioned. This includes blocking access to services such as Gmail, Google Drive, YouTube and Google Pay, even if used in Brazil or other countries.
