Global Magnitsky Act — Sanctions for Human Rights Abusers

The Global Magnitsky Human Rights Accountability Act (22 U.S.C. § 10504) authorizes the President to impose targeted sanctions — asset freezes and visa bans — on foreign individuals and entities responsible for serious human rights abuses or significant corruption anywhere in the world. Named after Sergei Magnitsky, a Russian tax lawyer who uncovered a $230 million government fraud scheme and died in Russian custody in 2009 after being denied medical treatment, the Act extends the original Russia-specific Magnitsky Act (2012) to the entire globe — complementing country-specific sanctions like the Cuba embargo and Iran sanctions. It's one of the most powerful tools in the U.S. human rights enforcement arsenal: when the Treasury Department's Office of Foreign Assets Control (OFAC) designates an individual under Global Magnitsky, their U.S. assets are frozen, they are banned from entering the United States, and U.S. persons are prohibited from doing business with them. As of 2026, the U.S. has designated over 400 individuals and entities under Global Magnitsky authorities — including government officials, military commanders, oligarchs, and corporate executives involved in human rights abuses and corruption from Saudi Arabia to Myanmar to Nicaragua to Russia.

Current Law (2026)

Legal Authority

• 22 U.S.C. § 10504 — Imposition of sanctions under Global Magnitsky (President may impose asset blocking and visa restrictions on foreign persons determined to be responsible for or complicit in serious human rights abuse; engaged in significant corruption; to be a leader of an entity that has engaged in such activity; or to have materially assisted, sponsored, or provided support for such activity)

How It Works

Unlike broad country-wide sanctions that can harm entire populations, Global Magnitsky sanctions are targeted — aimed at specific individuals and entities responsible for abuses. When OFAC designates an individual, two things happen immediately: all property and interests in property within U.S. jurisdiction are blocked (bank accounts, real estate, and investments are frozen), and the person is made inadmissible to the United States. The President may designate foreign persons under 22 U.S.C. § 10504 who are responsible for or complicit in extrajudicial killings, torture, or other gross human rights violations committed against individuals exercising rights to free expression or exposing illegal government activity; government officials responsible for significant corruption — bribery, misappropriation of public assets, or transfer of corruption proceeds; or persons who have materially assisted or provided support for such activities. Designations originate from intelligence reporting, NGO documentation, media investigations, or congressional requests; the State Department's Bureau of Democracy, Human Rights, and Labor and Treasury's Office of Terrorism and Financial Intelligence review evidence and recommend designations, which OFAC publishes on the Specially Designated Nationals (SDN) list — the master list that every U.S. financial institution must screen against.

The Act gives Congress a direct role: the chairman and ranking member of specified committees may formally request the President to investigate a foreign person for potential designation, and the President must respond within 120 days — either imposing sanctions or explaining why not. This mechanism has driven high-profile designations for specific human rights cases where congressional pressure was decisive. The Global Magnitsky model has also been adopted by over 30 countries — the EU (EU Global Human Rights Sanctions Regime), UK, Canada, and Australia — creating a multilateral sanctions network in which a human rights abuser designated by the U.S. may simultaneously be designated by allied partners, dramatically limiting their ability to travel, bank, or invest internationally. Coordinated multilateral designation campaigns have proven significantly more effective than unilateral U.S. action alone.

How It Affects You

If you're a human rights defender, journalist, activist, or their family members facing persecution by a foreign government: The Global Magnitsky Act provides a mechanism to impose real consequences on your persecutors — even if they hold official government positions. The tool works: when the Treasury/OFAC designates an official, their U.S. bank accounts are frozen, they cannot obtain U.S. visas, and any U.S. person or institution is prohibited from transacting with them. The practical path to supporting a designation: thorough documentation of the abuses (dates, names, official positions, chain of command), work with established human rights organizations (Human Rights Watch, Amnesty International, Freedom House) that have direct channels to the State Department's Bureau of Democracy, Human Rights, and Labor (DRL), and engage your congressional delegation. Under the Act, the chairman or ranking member of relevant congressional committees can formally request the President investigate a specific foreign person — the President must respond within 120 days. Organizations like the Magnitsky Human Rights Accountability Law advocacy groups and advocacy coalitions have developed playbooks for building compelling designation cases. Multilateral leverage amplifies U.S. designations: the EU, UK, Canada, and Australia all have parallel Magnitsky regimes, so coordinated designation campaigns can isolate an official across dozens of jurisdictions simultaneously.

If you run a financial institution, comply with sanctions regulations, or manage investment risk internationally: Every Global Magnitsky designee appears on OFAC's Specially Designated Nationals (SDN) list (ofac.treas.gov) — the same list you're required to screen against for terrorism finance, drug trafficking, and other programs. The SDN entry for a Global Magnitsky designee is tagged with the "GLOMAG" identifier so you can identify the authority. Penalties for facilitating transactions with designated persons can reach the greater of $250,000 per violation or twice the transaction value, plus criminal exposure for willful violations. For international business and investment due diligence, Global Magnitsky designations are increasingly important for beneficial ownership analysis: if your counterpart's shareholder, beneficial owner, or key executive is designated, or if they're a "50% rule" entity (owned 50%+ by a designated person, which is automatically blocked even without an explicit SDN listing), the transaction is prohibited. Use OFAC's SDN list and its Consolidated Sanctions List for screening; commercial sanctions screening tools help automate this for high-volume transaction environments.

If you run a multinational company with operations in countries where officials have been designated: Beyond the direct prohibition on transacting with designated persons, Global Magnitsky creates reputational and compliance risks throughout your supply chain, government relationships, and banking relationships. In countries with high corruption designation activity (Russia, China, Myanmar, Nicaragua, Venezuela, Central African Republic), your government-facing contracts may involve officials at risk of designation — or their family members or associates. The Magnitsky framework covers not just the primary abuser but anyone who has "materially assisted" them, creating a broad web. Best practice: incorporate Global Magnitsky screening into your anti-corruption due diligence (alongside FCPA screening), monitor new OFAC designations for your operating jurisdictions monthly, and include sanctions representation and warranties in contracts with government-adjacent counterparties. The EU's parallel regime (EU Global Human Rights Sanctions Regulation) uses slightly different criteria and designation lists — screen against both when operating in markets where both U.S. and EU designations are active.

If you're an attorney, advocate, or policy professional working in international human rights or anti-corruption: The Global Magnitsky Act's permanent authorization (made permanent by NDAA 2023) and the parallel international regimes create a durable legal architecture worth understanding deeply. Key distinctions: the statutory Act (22 U.S.C. § 10504) and Executive Order 13818 (IEEPA-based) both authorize Global Magnitsky designations, but E.O. 13818 is broader — it covers not just human rights violations and corruption but also persons acting for or on behalf of the designated government, providing more flexibility. OFAC designation decisions are subject to administrative reconsideration (OFAC's formal reconsideration process) and then to federal district court review — but courts have historically given broad deference to executive national security determinations. Designation challenges require demonstrating that OFAC lacks a rational basis for the designation, which is a high bar. For advocacy work, the most successful designation campaigns combine: (1) documentation meeting OFAC's evidentiary standards, (2) congressional engagement for the formal request mechanism, and (3) coordination with allied government counterparts who can file parallel designations, creating pressure before the U.S. acts unilaterally.

State Variations

Global Magnitsky is exclusively federal:

• State financial regulators may enforce sanctions compliance for state-chartered institutions
• State pension funds and investment vehicles must comply with OFAC sanctions when investing
• State-level human rights advocacy organizations may support designation requests

Implementing Regulations

• 31 CFR Part 583 — Global Magnitsky Sanctions Regulations (OFAC implementation — blocking of property, prohibited transactions, licensing, penalties, reporting requirements for sanctions targeting human rights abusers and corrupt actors worldwide)
• 31 CFR Part 584 — Magnitsky Act Sanctions Regulations (OFAC implementation of the original Sergei Magnitsky Rule of Law Accountability Act of 2012, Public Law 112-208 — the Russia-specific predecessor program that the Global Magnitsky Act later extended worldwide; Part 584 implements the same blocking and prohibited-transaction framework as Part 583 but rests on the 2012 statute's authority rather than IEEPA; the program targets Russian officials responsible for the detention, abuse, or death of Sergei Magnitsky, or for the $230 million tax fraud he uncovered; key defined terms in Part 584 specifically reference "participated in efforts to conceal the legal liability for the detention, abuse, or death of Sergei Magnitsky" — § 584.308 — making this the only OFAC program with a definitional element tied to a named individual's death)
• Executive Order 13818 — Blocking the property of persons involved in serious human rights abuse or corruption (implementing the Global Magnitsky Act through OFAC designation authority)

Pending Legislation

Global Magnitsky reauthorization and expansion provisions appear in broader sanctions and foreign policy legislation. See OFAC Sanctions and International Sanctions.

Recent Developments

The NDAA for Fiscal Year 2023 made the Global Magnitsky Act permanent — removing the original 2022 sunset date. The Biden administration used Global Magnitsky authorities extensively, designating individuals connected to the Myanmar military coup, corruption in Central America's Northern Triangle, the Uyghur genocide in Xinjiang, and the killing of journalist Jamal Khashoggi (Saudi Arabia). OFAC has also used broader executive authorities (Executive Order 13818, issued in 2017 under IEEPA implementing Global Magnitsky) to expand designations beyond the statutory Act. See also Foreign Corrupt Practices Act for the related anti-corruption enforcement tool targeting bribery of foreign officials. The growth of the multilateral Magnitsky sanctions network has increased the tool's effectiveness — designated individuals face restrictions across dozens of jurisdictions simultaneously.

• Trump Magnitsky use: cartel and drug trafficking designations (2025): The Trump administration used Global Magnitsky and related executive order authorities extensively to designate Mexican cartel leaders, Venezuelan TREN DE ARAGUA gang members, and Central American organized crime figures. These designations targeted corrupt officials who enable cartel operations alongside cartel leadership. The designations complement the terror designation (FTO/SDGT) approach — adding asset-freezing and financial sanctions to entry bans for designated individuals.
• Russia/Ukraine Magnitsky designations: Biden-era designations targeting Russian oligarchs, Kremlin officials, and Belarus regime figures remain in effect. The Trump administration has not revoked these designations but has reduced the pace of new Russia-related Magnitsky actions — consistent with its broader diplomatic approach toward Russia. EU, UK, and Canada have their own parallel Magnitsky regimes that continue adding new Russia-related designations. Asset seizures from designated Russian oligarchs under separate IEEPA/OFAC authorities have generated over $300 million in forfeited assets.
• Saudi Arabia and Khashoggi accountability gap: Despite Congress passing the Global Magnitsky-based "Khashoggi Ban" sanctions (restricting State-sponsored killing of journalists), the Biden administration did not sanction Crown Prince Mohammed bin Salman (MBS) directly — designating lower-level officials instead. The Trump administration has continued Saudi engagement at the highest levels, including major arms sales and defense cooperation, without Magnitsky action against MBS. The case illustrates the discretionary nature of Magnitsky designations: statutory authority exists, but executive branch relationship interests shape implementation.
• FCPA pause and reorientation (2025): President Trump's Executive Order 14209 (Feb. 10, 2025) paused new FCPA investigations and enforcement actions; on June 9, 2025, Deputy Attorney General Todd Blanche issued guidelines lifting the pause and reorienting FCPA enforcement around cartel/transnational criminal organization and national-interest priorities, narrowing the universe of cases compared to prior administrations. Global Magnitsky targets foreign corrupt officials; the recalibrated FCPA program targets U.S. companies paying them in priority cases.