Tag Archives: sanctions

Corruption Sanctions: What Do Governments Need to Know?

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GAB welcomes back Guest Blogger Anton Moiseienko, Associate Professor of Law at the Australian National University. Professor Moiseienko specializes in financial crime and economic sanctions, with particular expertise in global anti-money laundering and counter-terrorist financing (AML/CTF) regulation. He is the author of the 2025 volume Doing Business with Criminals considered an indispensable guide to the global AML/CTF system.

How to harness the promise of corruption sanctions while minimizing their unintended consequences is the issue at the heart of a recent report I wrote for the Basel Institute on Governance, a leading Swiss anti-corruption research center, entitled “Corruption Sanctions: What Governments Need to Know.” In this post, I will offer brief reflections based on its analysis.

The Evolution of Corruption Sanctions

It is useful to start by canvassing the history of corruption sanctions. Targeted sanctions are financial and travel restrictions imposed by governments against individuals or companies outside any judicial process. They emerged in the 1990s as a prominent response to various forms of alleged wrongdoing, including terrorist financing, nuclear proliferation and drug trafficking.

Prior to that, sanctions tended to take the form of comprehensive economic measures against entire countries, such as travel embargoes. By contrast, targeted sanctions enable governments to surgically focus on individuals and companies deemed to be involved in a particular form of malfeasance. Some targeted sanctions programs target affiliates of a rogue government – say Russia, North Korea or Iran – whereas others are “thematic” and therefore address a certain type of wrongdoing regardless of where it takes place in the world.

Corruption sanctions are a form of thematic sanctions. Their evolution began in the U.S. in the early 2000s. In 2004, President George W. Bush signed into law Proclamation 7750 that authorized confidential visa sanctions against corrupt foreign officials and their family members. From 2008 onwards, this sanctions program has been augmented by the sanctions provisions under section 7031(c) of the annual Consolidated Appropriations Acts, which provide for public visa bans. Finally, Congress adopted the Magnitsky Act in 2012 and the Global Magnitsky Act in 2016. Both grant the President the authority to impose financial and travel sanctions against those suspected of corruption and human rights abuse.

Other jurisdictions soon followed suit, including Canada, the UK, and Australia – but, curiously enough, not the EU. The EU legislated to introduce a human rights sanctions regime, but it stopped short of enacting a corruption sanctions program, despite the pledge to do so by the European Commission’s president Ursula von der Leyen. While one might be tempted to criticize the EU’s reticence, the real question is: why should governments consider introducing corruption sanctions, and how can they use them effectively?

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Georgia at the Crossroads: The MEGOBARI Act As a Rule-of-Law Lifeline

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GAB welcomes this post by Giorgi Meladze, Associate Professor at Ilia State University School of Law in Tbilisi and an invited lecturer at European Humanities University; Konstantine Chakhunashvili, PhD Associate Professor at Caucasus University; and Nadia Asaad, journalist and researcher working with the Center for Applied Nonviolent Action and Strategies and a graduate student at the Paris Institute of Political Studies (Sciences Po).

Once praised as a “Beacon of Democracy,” Georgia now faces mounting concerns over its slide towards authoritarian rule. Under the influence of oligarch Bidzina Ivanishvili, the country’s ruling elite is consolidating power through corrupt, authoritarian practices. While the United States and several European Union member states have already responded with sanctions targeting key decision-makers and their associates, Washington lawmakers are now debating legislation supported by both Republicans and Democrats to ratchet up the pressure.

The Mobilizing and Enhancing Georgia’s Options for Building Accountability, Resilience, and Independence (the MEGOBARI Act) would require the President to impose new sanctions on Georgian leaders and anyone “engaged in significant acts of corruption or acts of violence or intimidation in relation to the blocking of Euro-Atlantic integration in Georgia.” It is an essential element in defending democracy and the rule of law in Georgia. which in turn will help prevent organized crime networks operating through and in Georgia from fueling Russia’s war machine and undermining Euro-Atlantic integration.

After a decade of state capture, cosmetic “reforms”, and the consolidation of informal power networks, all documented by the Basel Institute, a sanctions regime codified by MEGOBARI Act and calibrated to the Georgian context is no longer optional: it is critical to prevent Georgia’s antidemocratic leanings from infecting its neighbors.

This post documents the Georgian state’s slide into a “cartel-state” and explains how MEGOBARI and other measures by U.S. and EU can arrest it.

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ECOWAS Must Get Serious About Corruption—or the Coups Will Continue

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The Economic Community of West African States (ECOWAS) was founded in 1975 to foster economic cooperation within West Africa. Over time, ECOWAS’s mission has expanded to include the promotion of democracy and political stability. And for a while, it looked like the region was indeed making progress on this front: Between 2015 and 2020, all fifteen ECOWAS member countries were democratic states. But since 2020, West and Central Africa have been hit with a wave of eight military coups, the most recent ones occurring this past July (in Niger) and August (in Gabon). ECOWAS’s response to this democratic backsliding has been unimpressive. For example, ECOWAS looked on passively when, in 2020, both Ivorian President Alassane Ouattara and Guinea’s then-President Alpha Condé ignored or circumvented constitutional limits on their terms. Just this month, Senegal President Macky Sall unilaterally delayed presidential elections for the first time in the nation’s history. Recently, ECOWAS—under pressure from the US and EU—did impose sanctions against Niger in response to the coup, but these sanctions were insufficient to get the coup leaders to step down. In fact, these sanctions were so ineffective that they caused coup-hit Mali, Burkina Faso, and Niger to withdraw from the bloc, citing “illegal, illegitimate, inhumane and irresponsible sanctions” and failure to support their fight against “terrorism and insecurity.” All this has begun to jeopardize ECOWAS’s credibility even in the eyes of local populations.

Perhaps more seriously, ECOWAS has lost credibility not only for its response to the coups, but also for its failure to address the root causes of these coups, including not only economic woes, but also endemic corruption. As a coalition of West African civil society organizations recently asserted, ECOWAS operates as “a club of Head of States, whose sole preoccupation is regime protection of the various West African leaders, and their penchant for appropriating the benefits of office to themselves, while the ordinary citizens of countries in the sub-region wallow in extreme poverty, misery, and penury.”

ECOWAS could and should take concrete steps to bolster its waning authority. One of the most effective ways it could do so is by taking a strong stand against corruption. This would not be taking ECOWAS far outside the scope of its existing mandate. The ECOWAS Protocol on the Fight against Corruption authorized ECOWAS to take action “whenever an act of corruption is committed or produces some effects in a State Party.” More generally, given the threat that corruption poses to both democracy and stability, ECOWAS is justified in more decisive action to address this scourge.

In particular, there are three things that ECOWAS ought to do:

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Making Corruption a National Security Issue: How Will it Change Enforcement Dynamics?

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Today’s Guest post is by Nedim Hogic. Nedim advises clients in the private and public sector on environmental, social, and governance issues. Author of many articles on corruption, international law, and the rule of law and development, he is currently writing a book on judicial anti-corruption campaigns.

Since becoming an important policy goal in the 1990s, global anticorruption efforts have gone through three phases. In the first, anti-corruption policies were considered important for economic development, driven by the belief that successful anticorruption programs would make global borrowing and spending and financial aid more efficient. In the second, spanning the first two decades of this century, it was central to the protection of the rule of law and democracy.

The current phase, and particularly that part denominated “kleptocracy,” is animated by the threat it poses to global security. The Biden Administration’s national security strategy, which followed its memorandum calling the fight against corruption a core U.S. security interest, is not the first American or indeed international document to suggest corruption is a national security threat. But it is the first to state the premise clearly and straightforwardly, thus marking a sharp change in thinking about transnational corruption. Indeed, in my view the change is significant enough to be labelled a paradigm shift.

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The Financial Weapon: Expanding Magnitsky Sanctions to Attack Corruption

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Economic sanctions targeted at individual wrongdoers can be a potent weapon in the fight against global corruption. The United States’ 2016 Global Magnitsky Human Rights Accountability Act (GMA) authorizes the President to impose targeted sanctions on corrupt foreign officials and their associates. And the GMA has had successes in deterring corruption: As earlier posts on this blog have highlighted, the GMA has prompted countries to strengthen their anticorruption laws and has prompted businesses to cut ties with corrupt individuals. Yet despite these successes, Magnitsky sanctions remain a relatively underused anticorruption tool. The U.S. Treasury Department’s Office of Foreign Asset Control (OFAC) has only sanctioned around 200 people as part of its Magnitsky programs, and most of these individuals have been sanctioned for human rights abuses rather than corruption per se.

GMA sanctions can and should be scaled up by an order of magnitude, with a greater focus on targeting corrupt actors. The U.S. should be imposing GMA sanctions on several thousand people, not just a couple hundred. As the Biden Administration has recognized, global corruption increasingly threatens national and international security. In light of this, the Administration should use the GMA to impose sanctions on not only the most egregious of kleptocrats but those who engage in more modest—but still significant—forms of corruption. Continue reading →

The Anticorruption Campaigner’s Guide to Asset Seizure

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Anticorruption campaigners have long argued that Western governments should be more aggressive in freezing and seizing the assets of kleptocrats and corrupt oligarchs. While targeting illicit assets has been part of the West’s anticorruption arsenal for many years, attention to this tactic has surged in response to Russia’s invasion of Ukraine. Almost as soon as Russian troops crossed the border into Ukrainian territory, not only did Western governments impose an array of economic sanctions on Russian institutions and individuals close to the Putin regime, but also—assisted by journalists who identified dozens of properties, collectively worth billions—Western law enforcement agencies began seizing Russian oligarchs’ private jets, vacation homes, and superyachts.

Many people who are unfamiliar with this area—and even some who are—might naturally wonder about the legal basis for targeting these assets. And indeed, the law in this area has some important nuances that are not always fully appreciated in mainstream media reporting and popular commentary. Continue reading →

New Podcast Episode, Featuring Igor Logvinenko

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A new episode of KickBack: The Global Anticorruption Podcast is now available. During the ongoing emergency in Ukraine, as Russia’s unprovoked military aggression throws the region and the world into crisis, my colleagues at the Interdisciplinary Corruption Research Network (ICRN) and I are going to try as best as we can to feature on KickBack experts who can shed greater light on how issues related to corruption relate to the ongoing crisis. And rather than keeping to our usual schedule of releasing new episodes every two weeks, we will release new episodes as soon as they are available. In the new episode, I had the opportunity to speak to Igor Logvinenko, Associate Professor at Occidental College and author of Global Finance, Local Control: Corruption and Wealth in Contemporary Russia. In the first part of our conversation, Igor discusses Russia’s Russia’s historical corruption and current financial integration into world business, and we then turn to the impact of the current sanctions on Russia–including government sanctions on Russia and Russian companies, actions by private companies, and the use of targeted individual sanctions and asset seizures. In addition to discussing these issues in the context of the current war, Igor also discusses more broadly the role of Western financial systems, international financial integration, and the possibility for locally-driven structural changes to fight grand corruption. You can also find both this episode and an archive of prior episodes at the following locations: KickBack is a collaborative effort between GAB and the Interdisciplinary Corruption Research Network (ICRN). If you like it, please subscribe/follow, and tell all your friends. And if you have suggestions for voices you’d like to hear on the podcast, just send me a message and let me know.

Corruption, Sanctions, and the War in Ukraine: A Short Interview in Harvard Law Today

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My home institution’s in-house publication, Harvard Law Today, recently interviewed me on some of the topics we’ve been covering on this blog (see, for example, here, here, here, here, and here) and on the KickBack podcast (here and here) related to Russia’s attack on Ukraine. As I tried to emphasize in the interview itself, I am very far from an expert in many of the specific issues at the intersection of corruption and the Russia-Ukraine war, but I tried to pull together succinctly some of what I’d learned from conversations with actual expert over the last couple of weeks. For those who are interested, you can find the interview here.

New Podcast Episode, Featuring Inna Melnykovska

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A new episode of KickBack: The Global Anticorruption Podcast is now available. During the ongoing emergency in Ukraine, as Russia’s unprovoked military aggression throws the region and the world into crisis, my colleagues at the Interdisciplinary Corruption Research Network (ICRN) and I are going to try as best as we can to feature on KickBack experts who can shed greater light on how issues related to corruption relate to the ongoing crisis. And rather than keeping to our usual schedule of releasing new episodes every two weeks, we will release new episodes as soon as they are available. In the new episode, I had the opportunity to speak to Inna Melnykovska, Assistant Professor of Political Science at Central European University. Professor Melnykovska is an expert on state-business relations and crony capitalism in Ukraine and Russia, and is working on a book project tentatively titled Global Money, Local Politics: Big Business, Capital Mobility and the Transformation of Crony Capitalism in Eurasia. Our podcast conversation focuses on her research in this area and its implications for the current crisis. We discuss the similarities and contrasts between the “crony capitalism” systems in Ukraine and Russia, the extent to which Ukrainian President Zelensky was pursuing policies that would reduce the influence of oligarchs on Ukrainian government, whether movement toward cleaner and more democratic government in Ukraine may have been perceived by Putin’s administration as a political threat, and whether (or when) we might hope that economic sanction on Russian elites and oligarchs might have a political impact. You can also find both this episode and an archive of prior episodes at the following locations:

KickBack is a collaborative effort between GAB and the Interdisciplinary Corruption Research Network (ICRN). If you like it, please subscribe/follow, and tell all your friends. And if you have suggestions for voices you’d like to hear on the podcast, just send me a message and let me know.

A Message from Ukraine’s Anti-Corruption Research and Education Center

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On my previous visits to Kyiv, I have had the opportunity to meet and exchange ideas with several of the outstanding scholars and researchers affiliated with the Anti-Corruption Research and Education Centre (ACREC). This morning, ACREC a message to a list of people in the worldwide anticorruption research community, describing the situation in Ukraine and appealing for more international support. With ACREC’s permission, I am reproducing the message below:

Dear colleagues

Anti-Corruption Research and Education Centre (ACREC) addresses you on the ninth day of the invasion of the russian federation.

All these days we have been trying our best to help the Armed Forces of Ukraine – to transfer funds, organize aid and necessary purchases. We also helped people in need and those who were forced to leave their homes.

Some of us still remain in the hottest spots of today’s war – Kyiv and Kharkiv.

You can see how russian troops are bombing Kyiv and its suburbs, Kharkiv, Sumy, Chernihiv, Enerhodar and it’s nuclear power plant. We are sure that many of you have been to these cities and remember them only for the best. Help us save these cities, their people and Ukraine. Call on your governments to close the skies over Ukraine in order to prevent further casualties and to help neutralize military aggression. This is a war not only against Ukraine, but also against the whole civilized world. Putin’s terror will not stop exclusively on the territory of Ukraine, after some time it may be repeated with other neighboring countries of russia. Ukraine is only the first outpost on the path to a peaceful Europe. Ukraine will fall – Europe will fall.

We, as a think tank at the Kyiv-Mohyla Academy, appeal to you to call on your governments to support Ukraine in every possible way and to prevent further losses among the military and civilian population of our country by:

  • closing the skies over Ukraine as it was done during the 2008 Russian-Georgian war;
  • further implementation and strengthening of sanctions against russia, its leadership and its satellite countries, family members of the russian leadership;
  • sanctions against those associated with the leadership of the aggressor country should be sought separately: https://putinwallets.org/
  • depriving Russia of the status of a member of the world’s leading organizations, such as the UN Security Council and the UN General Assembly.

If you have friends and / or colleagues from russia, please spread the truth about their military aggression against Ukraine by their state.

We also sending you the links on:

  • website for fundraising for the needs of the Ukrainian army: https://savelife.in.ua/. In addition, we encourage you to join the volunteer initiatives in your countries to help Ukrainian citizens in need;
  • website with news in English about the course of military aggression in Ukraine: https://edition.cnn.com/; https://www.bbc.com/russian;
  • website for the search for prisoners of war and victims of military aggression: https://gdemoysyn.com/.

If you have any questions, you can contact us – we will help with any kind of information.

Best regards,
ACREC Team