us-sanctions 13 June 2019

Lawmakers slam ‘incoherent’ UK government approach to Magnitsky sanctions

A UK parliamentary committee has described the UK government as having ‘repeatedly failed’ to give ‘clear answers’ about whether the UK can adopt and implement Magnitsky-style sanctions against individuals while the UK remains a member of the EU and during any ‘potential implementation period following UK withdrawal from the EU’.

In their report, members of the foreign affairs select committee said that they accepted that a ‘legal debate’ surrounds these issues, and that they were ‘somewhat reassured to learn that the Government’s incoherent responses… reflect the fact that it has not yet arrived at a settled legal position, rather than a deliberate political choice to delay the use of Magnitsky legislation.’

But, they said, ‘obfuscation’ had damaged the UK’s credibility, and risked ‘signalling to human rights abusers that the UK is reluctant to use its powers to sanction them’.

The committee urged the government to publish its position before the end of June.

In the same report, committee members said that they welcomed the government’s commitment to ‘co-operate as closely as possible with the EU and other allied nations on sanctions policy after Brexit,’ and accepted that in some circumstances the UK would have to enact tougher sanctions unilaterally, ‘particularly given the UK’s leverage as a global financial services hub’.

But, the committee noted: ‘We are deeply concerned…that three years after the referendum so little high-level thought appears to have gone into considering the UK’s strategy and policy approach to these issues. What are the costs and benefits of divergence on key sanctions regimes? How can the UK make the most of its power in financial services? Where do UK interests most closely align with those of our key international partners? How will we influence their decision-making in future? We have seen no evidence [that UK government departments] have even begun to explore these questions.’

 

See:
https://publications.parliament.uk/pa/cm201719/cmselect/cmfaff/1703/170309.htm