Corruption and Targeted Sanctions

Law and Policy of Anti-Corruption Entry Bans

Series:

In Corruption and Targeted Sanctions, Anton Moiseienko analyses the blacklisting of foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have been on the international agenda for years and have gained particular prominence with the adoption by the US and Canada of the so-called Magnitsky legislation in 2016. Across the Atlantic, several European states followed suit. The proliferation of anti-corruption entry sanctions has prompted a reappraisal of applicable human rights safeguards, along with issues of respect for official immunities and state sovereignty. On the basis of a comprehesive review of relevant law and policy, Anton Moiseienko identifies how targeted sanctions can ensure accountability for corruption while respecting international law.
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Biographical Note

Anton Moiseienko, Ph.D. (2018), Queen Mary University of London, is an analyst at the Royal United Services Institute, UK. He has published on international law and criminal law, including in the International & Comparative Law Quarterly and Criminal Law Review.

Table of contents

Acknowledgments
Abbreviations and Acronyms

1 Corruption, Entry Sanctions and International Law
 1 A Tale of Two Presidents
 2 Corruption, Impunity and Targeted Sanctions
 3 Academic Reaction to Anti-Corruption Sanctions
 4 Anti-Corruption Bans and International Law
  4.1  Why Corruption and Denial of Entry?
  4.2  Applicable Rules of International Law
  4.3  Terminological Clarifications

2 Development of the Policy
 1 Introduction
 2 US President’s Proclamations and Executive Orders
  2.1  Presidential Proclamation 7750
  2.2  Executive Orders
 3 US Federal Laws
  3.1  Consolidated Appropriations Acts 2008–2018
  3.2  Magnitsky Act 2012
  3.3  Global Magnitsky Act 2016
  3.4  Challenging the Two ‘Magnitsky’ Acts
 4 International Practice
  4.1  International Organisations
  4.2  States Other Than US
 5 Conclusion

3 Entry Sanctions as an Anti-corruption Policy
 1 Introduction
 2 What is Corruption?
  2.1  Definitions
  2.2  Grey Areas
  2.3  Consequences of Corruption
  2.4  Grand Corruption
 3 International Policies against Corruption
  3.1  Foreign Bribery Laws
  3.2  Anti-money Laundering Laws
 4 Added Value of Entry Sanctions
  4.1  Why Counteract Foreign Corruption?
  4.2  Purposes of Anti-corruption Entry Bans
 5 Conclusion

4 Legal Protections against Denial of Entry
 1 Introduction
 2 Entry Sanctions and Crime
  2.1  Exclusion or Expulsion of Foreigners
  2.2  Targeted Sanctions
 3 Private Life, Family Life or Home
  3.1  Expulsion
  3.2  Exclusion
  3.3  Family Members or Close Associates
  3.4  Conclusion
 4 Property
  4.1  Customary International Law
  4.2  European Convention on Human Rights
  4.3  Conclusion
 5 Citizens and Permanent Residents
  5.1  Citizens
  5.2  Deprivation of Citizenship
  5.3  Permanent Residents, Former Citizens and Article 12(4) of the ICCPR
  5.4  Conclusion
 6 Conclusion

5 Legal Protections from the Accusations of Corruption
 1 Introduction
 2 Applicability of Criminal Law Protections
  2.1  ICCPR
  2.2  ECHR
  2.3  Deprivation of Citizenship
 3 Presumption of Innocence
  3.1  Connection with Criminal Proceedings
  3.2  Breaking the Link to Criminal Proceedings
 4 Right to Reputation
  4.1  ECHR
  4.2  ICCPR
  4.3  EU Law
 5 Conclusion

6 Due Process
 1 Introduction
 2 Remedies and Forum
  2.1  Nature of the Remedy
  2.2  Access to Adjudication
 3 Standard of Proof and Judicial Review
  3.1  Basic Concepts
  3.2  UN Targeted Sanctions
  3.3  EU Targeted Sanctions
  3.4  US Targeted Sanctions
  3.5  International Arbitration
 4 Conclusion

7 International Responsibility
 1 Introduction
 2 Interference in Another State’s Internal Affairs
  2.1  State Sovereignty, Non-Intervention and Jurisdictional Competence
  2.2  Anti-corruption Entry Bans as an Exercise of Jurisdiction
 3 Official Immunities
 4 Conclusion

Conclusion

Annex
Bibliography

Readership

All interested in targeted sanctions and/or anti-corruption law, including policy-makers, analysts, judges and practising lawyers.

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