What are the UK's Magnitsky provisions?
Two pieces of UK legislation – the Proceeds of Crime Act
2002 (POCA), as amended in 2017, and the Sanctions and Anti-Money
Laundering Act 2018 (SAMLA) – now include provisions inspired
by the US' Global Magnitsky Act. That, in turn, was of course
inspired by the case of Sergei Magnitsky, who was killed in prison
after investigating public-sector fraud in Russia.
The definitions in POCA
The definitions in the two acts are complex. First of all, POCA
defines:
- a 'gross human rights abuse or
violation' to include, broadly speaking, torture (or inhuman or
degrading treatment) by a public official of a person who has
sought to expose illegal activity by a public official, or to
defend human rights; and