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After WTO Membership: Promoting Human Rights in Russia with the Magnitsky Act Ariel Cohen, Phd, and Bryan Riley

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After WTO Membership: Promoting Human Rights in Russia with the Magnitsky Act Ariel Cohen, Phd, and Bryan Riley BACKGROUNDER No. 2687 | MAY 14, 2012 After WTO Membership: Promoting Human Rights in Russia with the Magnitsky Act Ariel Cohen, PhD, and Bryan Riley Abstract n a few months, Russia will become Russia’s accession to the World Ia member of the World Trade Talking Points Trade Organization (WTO) will put Organization (WTO). U.S. businesses U.S. companies at a disadvantage will not be able to benefit from the ■■ Because of Russia’s imminent with their global competitors unless concessions Russia made to join the accession to the World Trade Organization (WTO), U.S. com- Congress first exempts Russia from WTO unless Congress first repeals panies could be placed at a severe the application of the Jackson–Vanik the Jackson–Vanik Amendment, a disadvantage in Russia due to the Amendment, a tool from the 1970s powerful tool that the U.S. success- continued application of the Jack- designed to promote human rights fully used to promote human rights son–Vanik Amendment. that no longer advances that goal. in Soviet Russia and other countries ■■ The U.S. should grant Russia per- Russia admittedly suffers from weak which restricted emigration dur- manent normal trade relations rule of law and pervasive corruption, ing the Cold War. Failure to repeal status, but only after updating its but Congress should pass new human Jackson–Vanik could place U.S. tools for protecting human rights rights legislation rather than try to companies at a disadvantage while in Russia by replacing the Jack- uphold Jackson–Vanik beyond its companies in other WTO members son–Vanik Amendment with the utility. Then, Congress should grant benefit from significantly increased Sergei Magnitsky Act. Russia permanent normal trade access to the Russian economy. ■■ Flush with revenue from energy relations status, which will promote Regrettably, the Obama exports, Russia has reemerged as transparency, property rights, and the Administration did not work with a major player on the world stage. Regrettably, Moscow’s ambition rule of law in addition to the expected Congress to resolve these issues and newfound wealth have also economic benefits for U.S. companies. before agreeing to Russia’s acces- facilitated the spread of its cor- sion to the WTO. Because acces- rupt domestic business practices sion of a new member requires the to the international community. unanimous assent of WTO mem- ■■ Extending PNTR to Russia would bers, the Administration could promote transparency, property This paper, in its entirety, can be found at easily have delayed Russian acces- rights, and the rule of law. http://report.heritage.org/bg2687 sion. Now, Russian accession will ■■ U.S. agencies should cooperate Produced by the Douglas and Sarah Allison put U.S. businesses at a disadvantage with Western allies to combat Center for Foreign Policy Studies in Russia until Congress repeals corruption, money laundering, The Heritage Foundation Jackson–Vanik. and other illicit activities. 214 Massachusetts Avenue, NE Washington, DC 20002 To avoid such a scenario, Congress ■■ Today, Russia, although authori- (202) 546-4400 | heritage.org should extend permanent normal tarian and corrupt, allows free Nothing written here is to be construed as necessarily trade relations (PNTR) to Russia emigration and has thriving Jew- reflecting the views of The Heritage Foundation or as an attempt to aid or hinder the passage of any bill and press for trade reforms that are ish communities. before Congress. in the best interests of the United BACKGROUNDER | NO. 2687 MAY 14, 2012 States while supporting the cause of human rights in Russia and around Countries Graduated from Jackson—Vanik the world. The Sergei Magnitsky Rule of Law Accountability Act Country Legislation Date Effective (S. 1039 and H.R. 4405) would accommodate Russian member- Hungary Section 2, P.L. 102-182 April 14, 1992 ship in the WTO, while signaling the Czechoslovakia (Split into the Czech Republic January 1, 1993 long-term American commitment to and Slovakia) the rule of law and human rights in Bulgaria P.L. 104-162 October 1, 1996 Russia and other countries.1 Romania P.L. 104-171 November 12, 1996 A Human Rights Tool Mongolia Section 2424, P.L. 106-36 July 1, 1999 Designed for a Different Time Albania Sections 301 and 302, P.L. June 29, 2000 During the Cold War, the Jackson– 106-200 Vanik Amendment was an important Kyrgyzstan Sections 301 and 302, P.L. June 29, 2000 tool for promoting human rights 106-200 in the Soviet Union and beyond. Attached to the U.S. Trade Act of Georgia Section 3002, P.L. 106-476 December 29, 2000 1974, the amendment restricts trade Armenia Section 2001, P.L. 108-429 January 7, 2005 with nonmarket economies that Ukraine P.L. 109-205 March 23, 2006 limit freedom of emigration and other human rights. It was the U.S. response to Soviet “diploma taxes” on Jews attempting to emigrate from “normal” trade relations under an business and economic practices, the communist state. annual waiver of Jackson–Vanik pro- such as Russian state-affiliated -offi Congress has since granted visions every year since 1992. Today, cials and business entities that are permanent normal trade status to Russia, although authoritarian and exporting corruption. 10 countries that were targeted by corrupt, allows free emigration and the Jackson–Vanik Amendment2 has thriving Jewish communities. Corruption and Human (see Table), but not Russia. Russia Russian Chief Rabbi Berl Lazar even Rights Violations in Russia remains on the dwindling list of asked President George W. Bush to In Russia, human and property countries subject to the Jackson– repeal the amendment.3 rights violations are undermining Vanik Amendment even though Any human rights violations the state and preventing investment it is no longer relevant in the 21st not part of the legislative intent and business development. Weak century. of Jackson–Vanik at the time of rule of law and pervasive corruption, In post-Soviet Russia, the circum- its adoption can and should be including the failing court system stances that prompted the Jackson– addressed in other, more effective and law enforcement, are at the Vanik Amendment no longer apply. ways. As Jackson-Vanik covered not heart of persistent rights violations. The U.S. government officially lifted just Russia, so should its successor Western and domestic investors and Russia’s status as a nonmarket econ- legislation. Furthermore, Congress Russian citizens face these chal- omy on April 1, 2002. The United has more effective ways of addressing lenges every day. President Vladimir States has also granted Russia legitimate concerns about Russian Putin, former president Dmitry 1. RIA Novosti, “Updated Magnitsky Act Introduced in U.S. Congress,” April 20, 2012, http://en.ria.ru/crime/20120420/172935614.html (accessed April 27, 2012). 2. Vladimir Pregelj, “Normal Trade Relations (Most Favored Nation) Policy of the United States,” Congressional Research Service Report for Congress, December 15, 2005, http://assets.opencrs.com/rpts/RL31558_20051215.pdf (accessed April 27, 2012). 3. Interfax, “Russian Rabbi Slams U.S. Refusal to Repeal Jackson–Vanik Amendment,” October 15, 2008, http://www.interfax-religion.com/?act=news&div=5261 (accessed April 19, 2012). 2 BACKGROUNDER | NO. 2687 MAY 14, 2012 Medvedev, and other Russian leaders and have negative implications for government to the press on several have bitterly complained about the the security of Europe’s energy sup- occasions. Browder was subsequent- state of affairs, but have done little to ply.6 Moscow’s ambition and new- ly expelled under the pretense that improve things. found wealth have spread its corrupt he posed a threat to national secu- Russia’s economic prosperity domestic business practices to the rity, although the Russian govern- under Vladimir Putin helped Russia international community. ment has not disclosed any details. reemerge as a major player on the This wave of corruption should Police raided the Moscow office of world stage. Russia’s gross domes- make gathering actionable intel- Hermitage Capital on June 4, 2007. tic product (GDP) increased from ligence on questionable Russian In the course of his work, Sergei approximately $250 billion after activities and punishing the culprits Magnitsky, a 37-year-old Firestone the 1998 crisis to $1.8 trillion 10 a priority for the U.S. and its allies. Duncan attorney representing years later, before the world finan- Hermitage Capital, uncovered a giant cial crisis. Increased oil and natural THE KREMLIN HAS ALSO USED scheme involving the embezzlement gas exports—Russia has the seventh ENERGY EXPORTS TO EUROPE AS of $230 million from the Russian largest oil reserves and the larg- treasury by law enforcement and tax est gas reserves in the world and is A FOREIGN POLICY TOOL, MOST officials. Magnitsky was conveniently the leading exporter of oil and gas— NOTORIOUSLY THROUGH THREATS detained in 2008 and died in isola- coupled with the higher prices for TO DISRUPT OIL AND GAS EXPORTS tion at a Russian prison in November other Russian commodity exports, TO COUNTRIES THAT OPPOSE 2009. have largely driven this economic An investigation ordered by then- RUSSIA’S PERCEIVED NATIONAL comeback. Russia uses the revenue President Dmitry Medvedev and from energy exports combined with INTERESTS. the Russian Presidential Council revenue from arms sales, metal on Human Rights determined that exports, and foreign investments, The Magnitsky Case. The death Magnitsky died after he was denied including in the mining and energy of Sergei Magnitsky has come to medical care and beaten by the sectors, to extend Russian influence symbolize the systemic and often guards. However, those involved worldwide.4 violent corruption pervading the have not been punished, but have The Kremlin has also used energy Russian state. Magnitsky died in jail remained in power, and some have exports to Europe as a foreign policy awaiting trial on fabricated charges even been decorated or promoted.
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