WASHINGTON – U.S. Senator Jim Risch (R-Idaho), ranking member of the Senate Foreign Relations Committee, today gave the following opening remarks at a full committee hearing on the implementation of Global Magnitsky laws. Witnesses included Mr. Adam Keith, senior director for accountability at Human Rights First, and Sir William Browder, CEO of Hermitage Capital Management.
Ranking Member Risch gave the following remarks:
“Mr. Chairman, thank you. It’s appropriate we do have this hearing as we wind down here in this Congress. Certainly, this will go down as your personal legacy and one of your important legacies that you leave behind. It’s been a real honor and privilege working with you and getting to know Myrna, who’s here today. I’m glad to see her here and joining us. This is an appropriate year for this particular hearing.
“I want to make a few remarks about the Magnitsky Act. This sanctions legislation has helped hold accountable malign actors across the globe for human rights abuses and corruption.
“I am proud of the work we did together to permanently authorize the Global Magnitsky authority. While 2012 Magnitsky sanctions were originally written to counter Russia’s human rights violations, corruption, and other illegal activities, their expansion has enabled the U.S. to clear the way for people across the world to fight for their rights.
“Mr. Chairman, I appreciate hearing your thoughts on how we can strengthen this. Particularly I like the idea of coordination. I think that’s incredibly important – our sanctions work best when we do coordinate with other countries.
“Since 2016, this global tool has been used almost 250 times against individuals and over 300 times on entities. While significant, we must always consider how to expand and improve implementation in the most effective way.
“Over the past week, the Georgian government has brutally cracked down on pro-EU demonstrations. We must consider how we can use the tools at our disposal to defend basic rights and preserve an environment where people can freely and fairly decide their future.
“To Senator Shaheen, thank you for this morning, arranging the phone call with the president of Georgia. It was enlightening and hopefully we will be able to make some progress in that regard.
“First, the role of Congress in sanctions designations has been challenged. The law requires the president to respond to the leadership of this committee within 120 days of receiving a Global Magnitsky letter. The response must include a determination if a foreign person has engaged in sanctionable activity.
“Along with the chairman, I have written numerous letters to the Department of State recommending sanctions and have not received a single substantive response from this administration.
“I want to assure you, Mr. Chairman, that we’re going to pursue this into the next administration, and I’ve already opened negotiations to see if we can’t do better in that regard.
“A very clear example of this is Sudan. On April 19, I lead a letter to President Biden, joined by Chairman Cardin and Representatives McCaul and Meeks – the four corners – urgently requesting Global Magnitsky sanctions on Sudan’s Rapid Support Forces and its leader, commonly known as “Hemedti.”
“In response, the State Department replied with we will ‘consider how best to use designations under Global Magnitsky and other authorities to advance our policy objectives, without undermining ongoing negotiations.’ While they blew us off, we also did not receive the report on determinations that is required by law.
“In the meantime, the Biden Administration has continually held rounds of ‘talks’ in Jeddah and Geneva – all failures, while millions die and are displaced in Sudan. Meanwhile, regional stability is under threat, and outside actors – including through UAE support to the RSF – engage in a proxy war on Sudanese soil. This is a clear missed opportunity to use Global Magnitsky sanctions and I have no doubt this is exactly what you had in mind, Mr. Chairman, as we did this.
“Another concern I have is with the haphazard approach to implementation. Congress does not have insight into the process and has seen unbalanced approaches to which individuals are sanctioned.
“In particular, the delayed timing to sanction the convicted former president of Ecuador, Correa, and the lack of sanctions against former president of Argentina Cristina Fernandez are concerning.
“With that, I look forward to hearing more from the witnesses on how we can improve this very important tool and carry your legacy forward. Thank you, Mr. Chairman.”
These remarks have been lightly edited for clarity. Witness testimony is available on foreign.senate.gov.
###