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From ZIDERA TO the Magnitsky Sanctions Regime yet sanctions by any other name remain sanctions

Caroline Du Plessis

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Zimbabwean President Emmerson Mnangagwa is involved in corrupt activities, in particular those relating to gold and diamond smuggling networks, United States President Joe Biden and his government say.
In an unprecedented move, Washington said on 4 March that in response to new and continuing corruption it is refocusing and intensifying
its bid to hold accountable the “individuals and entities that are responsible for this exploitation”.
The US said it is unleashing a new set of punitive targeted tools in Zimbabwe, including the flagship Global Magnitsky sanctions programme,
to make clear that the egregious behaviour and impunity of some of the most powerful people and companies in Zimbabwe match actions of
the worst human rights abusers and corrupt actors globally.
“Emmerson Mnangagwa (Mnangagwa) is the
President of Zimbabwe and is involved in corrupt
activities, in particular those relating to gold and diamond smuggling networks,” the US said.
“Mnangagwa provides a protective shield to
smugglers to operate in Zimbabwe and has directed
Zimbabwean officials to facilitate the sale of gold and diamonds in illicit markets, taking bribes in exchange for his services. Mnangagwa also oversees Zimbabwe’s security services, which have violently repressed political opponents and civil society groups.
“Mnangagwa was originally listed in the Annex to E.O. [executive order] 13288 of March 6, 2003 and the Annex to E.O. 13391 of November
22, 2005. Today, he is being designated pursuant to E.O. 13818 for being a foreign person
who is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal
gain, corruption related to government contracts or the extraction of natural resources, or bribery.
“He is also designated for being a foreign person who is or has been a leader or official of an
entity, including any government entity, that has
engaged in, or whose members have engaged in, serious human rights abuse relating to the leader’s or official’s tenure.”
The US also said First Lady Auxillia Mnangagwa
facilitates her husband’s “corrupt activities”.
Auxillia is designated pursuant to E.O. 13818 for being a current or former government official,
or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in, corruption,
including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts
or the extraction of natural resources, or bribery.
The US said Mnangagwa is surrounded by a “corrupt business network”.

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