[112th Congress Public Law 208]
[From the U.S. Government Printing Office]
[[Page 1495]]
RUSSIA AND MOLDOVA JACKSON-VANIK REPEAL AND SERGEI MAGNITSKY RULE OF LAW
ACCOUNTABILITY ACT OF 2012
[[Page 126 STAT. 1496]]
Public Law 112-208
112th Congress
An Act
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to products of the Russian Federation and Moldova
and to require reports on the compliance of the Russian Federation with
its obligations as a member of the World Trade Organization, and for
other purposes. <<NOTE: Dec. 14, 2012 - [H.R. 6156]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Russia and
Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 19 USC 2101 note.>> Title.--This Act may be cited
as the ``Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky
Rule of Law Accountability Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PERMANENT NORMAL TRADE <<NOTE: 19 USC 2434 note.>> RELATIONS
FOR THE RUSSIAN FEDERATION
Sec. 101. Findings.
Sec. 102. Termination of application of title IV of the Trade Act of
1974 to products of the Russian Federation.
TITLE II--TRADE ENFORCEMENT MEASURES <<NOTE: 19 USC 2434 note.>>
RELATING TO THE RUSSIAN FEDERATION
Sec. 201. Reports on implementation by the Russian Federation of
obligations as a member of the World Trade Organization and
enforcement actions by the United States Trade
Representative.
Sec. 202. Promotion of the rule of law in the Russian Federation to
support United States trade and investment.
Sec. 203. Reports on laws, policies, and practices of the Russian
Federation that discriminate against United States digital
trade.
Sec. 204. Efforts to reduce barriers to trade imposed by the Russian
Federation.
TITLE III--PERMANENT NORMAL <<NOTE: 19 USC 2434 note.>> TRADE RELATIONS
FOR MOLDOVA
Sec. 301. Findings.
Sec. 302. Termination of application of title IV of the Trade Act of
1974 to products of Moldova.
TITLE IV--SERGEI MAGNITSKY RULE OF LAW ACCOUNTABILITY ACT OF 2012
Sec. 401. Short title.
Sec. 402. Findings; sense of Congress.
Sec. 403. Definitions.
Sec. 404. Identification of persons responsible for the detention,
abuse, and death of Sergei Magnitsky and other gross
violations of human rights.
Sec. 405. Inadmissibility of certain aliens.
Sec. 406. Financial measures.
Sec. 407. Report to Congress.
[[Page 126 STAT. 1497]]
TITLE I--PERMANENT NORMAL <<NOTE: 19 USC 2434 note.>> TRADE RELATIONS
FOR THE RUSSIAN FEDERATION
SEC. 101. FINDINGS.
Congress finds the following:
(1) The Russian Federation allows its citizens the right and
opportunity to emigrate, free of any heavy tax on emigration or
on the visas or other documents required for emigration and free
of any tax, levy, fine, fee, or other charge on any citizens as
a consequence of the desire of those citizens to emigrate to the
country of their choice.
(2) The Russian Federation has been found to be in full
compliance with the freedom of emigration requirements under
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) since
1994.
(3) The Russian Federation has received normal trade
relations treatment since concluding a bilateral trade agreement
with the United States that entered into force in 1992.
(4) On December 16, 2011, the Ministerial Conference of the
World Trade Organization invited the Russian Federation to
accede to the World Trade Organization.
SEC. 102. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
OF 1974 TO PRODUCTS OF THE RUSSIAN
FEDERATION.
(a) Presidential Determinations and Extension of Nondiscriminatory
Treatment.--Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may--
(1) determine that such title should no longer apply to the
Russian Federation; and
(2) after making a determination under paragraph (1) with
respect to the Russian Federation, proclaim the extension of
nondiscriminatory treatment (normal trade relations treatment)
to the products of the Russian Federation.
(b) Effective Date of Nondiscriminatory Treatment.--The extension of
nondiscriminatory treatment to the products of the Russian Federation
pursuant to subsection (a) shall be effective not sooner than the
effective date of the accession of the Russian Federation to the World
Trade Organization.
(c) Termination of Applicability of Title IV.--On and after the
effective date under subsection (b) of the extension of
nondiscriminatory treatment to the products of the Russian Federation,
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) shall cease
to apply to the Russian Federation.
[[Page 126 STAT. 1498]]
TITLE II--TRADE ENFORCEMENT <<NOTE: 19 USC 2434 note.>> MEASURES
RELATING TO THE RUSSIAN FEDERATION
SEC. 201. REPORTS ON IMPLEMENTATION BY THE RUSSIAN FEDERATION OF
OBLIGATIONS AS A MEMBER OF THE WORLD TRADE
ORGANIZATION AND ENFORCEMENT ACTIONS BY
THE UNITED STATES TRADE REPRESENTATIVE.
(a) Reports on Implementation.--
(1) In general.--Not later than one year after the effective
date under section 102(b) of the extension of nondiscriminatory
treatment to the products of the Russian Federation, and
annually thereafter, the United States Trade Representative
shall submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report assessing the following:
(A) The extent to which the Russian Federation is
implementing the WTO Agreement (as defined in section 2
of the Uruguay Round Agreements Act (19 U.S.C. 3501))
and the following agreements annexed to that Agreement:
(i) The Agreement on the Application of
Sanitary and Phytosanitary Measures (referred to
in section 101(d)(3) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(3))).
(ii) The Agreement on Trade-Related Aspects of
Intellectual Property Rights (referred to in
section 101(d)(15) of the Uruguay Round Agreements
Act (19 U.S.C. 3511(d)(15))).
(B) The progress made by the Russian Federation in
acceding to, and the extent to which the Russian
Federation is implementing, the following:
(i) The Ministerial Declaration on Trade in
Information Technology Products of the World Trade
Organization, agreed to at Singapore December 13,
1996 (commonly referred to as the ``Information
Technology Agreement'') (or a successor
agreement).
(ii) The Agreement on Government Procurement
(referred to in section 101(d)(17) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(17))).
(2) Plan for action by trade representative.--
(A) In general.--If, in preparing a report required
by paragraph (1), the Trade Representative believes that
the Russian Federation is not fully implementing an
agreement specified in subparagraph (A) or (B) of that
paragraph or that the Russian Federation is not making
adequate progress in acceding to an agreement specified
in subparagraph (B) of that paragraph, the Trade
Representative shall, except as provided in subparagraph
(B) of this paragraph, include in the report a
description of the actions the Trade Representative
plans to take to encourage the Russian Federation to
improve its implementation of the agreement or increase
its progress in acceding to the agreement, as the case
may be.
(B) Classified information.--If any information
regarding a planned action referred to in subparagraph
[[Page 126 STAT. 1499]]
(A) is classifiable under Executive Order No. 13526 (75
Fed. Reg. 707; relating to classified national security
information) or a subsequent Executive order, the Trade
Representative shall report that information to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives by--
(i) including the information in a classified
annex to the report required by paragraph (1); or
(ii) consulting with the Committee on Finance
and the Committee on Ways and Means with respect
to the information instead of including the
information in the report or a classified annex to
the report.
(3) Public comments.--
(A) In general.--In developing the report required
by paragraph (1), the Trade Representative shall provide
an opportunity for the public to comment, including by
holding a public hearing.
(B) Publication <<NOTE: Notice.>> in federal
register.--The Trade Representative shall publish notice
of the opportunity to comment and hearing required by
subparagraph (A) in the Federal Register.
(b) Report on Enforcement Actions Taken by Trade Representative.--
Not later than 180 days after the effective date under section 102(b) of
the extension of nondiscriminatory treatment to the products of the
Russian Federation, and annually thereafter, the United States Trade
Representative shall submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a
report describing the enforcement actions taken by the Trade
Representative against the Russian Federation to ensure the full
compliance of the Russian Federation with its obligations as a member of
the World Trade Organization, including obligations under agreements
with members of the Working Party on the accession of the Russian
Federation to the World Trade Organization.
SEC. 202. PROMOTION OF THE RULE OF LAW IN THE RUSSIAN FEDERATION
TO SUPPORT UNITED STATES TRADE AND
INVESTMENT.
(a) Reports on Promotion of Rule of Law.--Not later than one year
after the effective date under section 102(b) of the extension of
nondiscriminatory treatment to the products of the Russian Federation,
and annually thereafter, the United States Trade Representative and the
Secretary of State shall jointly submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives a report--
(1) on the measures taken by the Trade Representative and
the Secretary and the results achieved during the year preceding
the submission of the report with respect to promoting the rule
of law in the Russian Federation, including with respect to--
(A) strengthening formal protections for United
States investors in the Russian Federation, including
through the negotiation of a new bilateral investment
treaty;
(B) advocating for United States investors in the
Russian Federation, including by promoting the claims of
United States investors in Yukos Oil Company;
[[Page 126 STAT. 1500]]
(C) encouraging all countries that are parties to
the Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation for Economic Co-operation and Development,
done at Paris December 17, 1997 (commonly referred to as
the ``OECD Anti-Bribery Convention''), including the
Russian Federation, to fully implement their commitments
under the Convention to prevent overseas business
bribery by the nationals of those countries;
(D) promoting a customs administration, tax
administration, and judiciary in the Russia Federation
that are free of corruption; and
(E) increasing cooperation between the United States
and the Russian Federation to expand the capacity for
civil society organizations to monitor, investigate, and
report on suspected instances of corruption; and
(2) that discloses the status of any pending petition for
espousal filed with the Secretary by a United States investor in
the Russian Federation.
(b) Anti-Bribery Reporting and Assistance.--
(1) In <<NOTE: Communications and tele- communications. Web
site.>> general.--The Secretary of Commerce shall establish and
maintain a dedicated phone hotline and secure website,
accessible from within and outside the Russian Federation, for
the purpose of allowing United States entities--
(A) to report instances of bribery, attempted
bribery, or other forms of corruption in the Russian
Federation that impact or potentially impact their
operations; and
(B) to request the assistance of the United States
with respect to issues relating to corruption in the
Russian Federation.
(2) Report required.--
(A) In general.--Not later than one year after the
effective date under section 102(b) of the extension of
nondiscriminatory treatment to the products of the
Russian Federation, and annually thereafter, the
Secretary of Commerce shall submit to the Committee on
Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report that
includes the following:
(i) The number of instances in which bribery,
attempted bribery, or other forms of corruption
have been reported using the hotline or website
established pursuant to paragraph (1).
(ii) A description of the regions in the
Russian Federation in which those instances are
alleged to have occurred.
(iii) A summary of actions taken by the United
States to provide assistance to United States
entities pursuant to paragraph (1)(B).
(iv) A description of the efforts taken by the
Secretary to inform United States entities
conducting business in the Russian Federation or
considering conducting business in the Russian
Federation of the availability of assistance
through the hotline and website.
(B) Confidentiality.--The Secretary shall not
include in the report required by subparagraph (A) the
identity
[[Page 126 STAT. 1501]]
of a United States entity that reports instances of
bribery, attempted bribery, or other forms of corruption
in the Russian Federation or requests assistance
pursuant to paragraph (1).
SEC. 203. REPORTS ON LAWS, POLICIES, AND PRACTICES OF THE RUSSIAN
FEDERATION THAT DISCRIMINATE AGAINST
UNITED STATES DIGITAL TRADE.
Section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241(a)) is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Inclusion of certain discriminatory laws, policies,
and practices of the russian federation.--For calender year and
each succeeding calendar year, the Trade Representative shall
include in the analyses and estimates under paragraph (1) an
identification and analysis of any laws, policies, or practices
of the Russian Federation that deny fair and equitable market
access to United States digital trade.''.
SEC. 204. EFFORTS TO REDUCE BARRIERS TO TRADE IMPOSED BY THE
RUSSIAN FEDERATION.
The United States Trade Representative shall continue to pursue the
reduction of barriers to trade imposed by the Russian Federation on
articles exported from the United States to the Russian Federation
through efforts--
(1) to negotiate a bilateral agreement under which the
Russian Federation will accept the sanitary and phytosanitary
measures of the United States as equivalent to the sanitary and
phytosanitary measures of the Russian Federation; and
(2) to obtain the adoption by the Russian Federation of an
action plan for providing greater protections for intellectual
property rights than the protections required by the Agreement
on Trade-Related Aspects of Intellectual Property Rights
(referred to in section 101(d)(15) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(15))).
TITLE III--PERMANENT <<NOTE: 19 USC 2434 note.>> NORMAL TRADE RELATIONS
FOR MOLDOVA
SEC. 301. FINDINGS.
Congress finds the following:
(1) Moldova allows its citizens the right and opportunity to
emigrate, free of any heavy tax on emigration or on the visas or
other documents required for emigration and free of any tax,
levy, fine, fee, or other charge on any citizens as a
consequence of the desire of those citizens to emigrate to the
country of their choice.
(2) Moldova has been found to be in full compliance with the
freedom of emigration requirements under title IV of the Trade
Act of 1974 (19 U.S.C. 2431 et seq.) since 1997.
(3) Moldova acceded to the World Trade Organization on July
26, 2001.
[[Page 126 STAT. 1502]]
SEC. 302. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
OF 1974 TO PRODUCTS OF MOLDOVA.
(a) Presidential Determinations and Extension of Nondiscriminatory
Treatment.--Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may--
(1) determine that such title should no longer apply to
Moldova; and
(2) after making a determination under paragraph (1) with
respect to Moldova, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products of
Moldova.
(b) Termination of Applicability of Title IV.--On and after the date
on which the President extends nondiscriminatory treatment to the
products of Moldova pursuant to subsection (a), title IV of the Trade
Act of 1974 (19 U.S.C. 2431 et seq.) shall cease to apply to Moldova.
TITLE IV--SERGEI <<NOTE: Sergei Magnitsky Rule of Law Accountability Act
of 2012. 22 USC 5811 note.>> MAGNITSKY RULE OF LAW ACCOUNTABILITY ACT
OF 2012
SEC. 401. SHORT TITLE.
This title may be cited as the ``Sergei Magnitsky Rule of Law
Accountability Act of 2012''.
SEC. 402. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The United States aspires to a mutually beneficial
relationship with the Russian Federation based on respect for
human rights and the rule of law, and supports the people of the
Russian Federation in their efforts to realize their full
economic potential and to advance democracy, human rights, and
the rule of law.
(2) The Russian Federation--
(A) is a member of the United Nations, the
Organization for Security and Co-operation in Europe,
the Council of Europe, and the International Monetary
Fund;
(B) has ratified the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Covenant on Civil and
Political Rights, and the United Nations Convention
against Corruption; and
(C) is bound by the legal obligations set forth in
the European Convention on Human Rights.
(3) States voluntarily commit themselves to respect
obligations and responsibilities through the adoption of
international agreements and treaties, which must be observed in
good faith in order to maintain the stability of the
international order. Human rights are an integral part of
international law, and lie at the foundation of the
international order. The protection of human rights, therefore,
particularly in the case of a country that has incurred
obligations to protect human rights under an international
agreement to which it is a party, is not left exclusively to the
internal affairs of that country.
(4) Good governance and anti-corruption measures are
instrumental in the protection of human rights and in achieving
[[Page 126 STAT. 1503]]
sustainable economic growth, which benefits both the people of
the Russian Federation and the international community through
the creation of open and transparent markets.
(5) Systemic corruption erodes trust and confidence in
democratic institutions, the rule of law, and human rights
protections. This is the case when public officials are allowed
to abuse their authority with impunity for political or
financial gains in collusion with private entities.
(6) The Russian nongovernmental organization INDEM has
estimated that bribes by individuals and businesses in the
Russian Federation amount to hundreds of billions of dollars a
year, an increasing share of the country's gross domestic
product.
(7) Sergei Leonidovich Magnitsky died on November 16, 2009,
at the age of 37, in Matrosskaya Tishina Prison in Moscow,
Russia, and is survived by a mother, a wife, and 2 sons.
(8) On July 6, 2011, Russian President Dimitry Medvedev's
Human Rights Council announced the results of its independent
investigation into the death of Sergei Magnitsky. The Human
Rights Council concluded that Sergei Magnitsky's arrest and
detention was illegal; he was denied access to justice by the
courts and prosecutors of the Russian Federation; he was
investigated by the same law enforcement officers whom he had
accused of stealing Hermitage Fund companies and illegally
obtaining a fraudulent $230,000,000 tax refund; he was denied
necessary medical care in custody; he was beaten by 8 guards
with rubber batons on the last day of his life; and the
ambulance crew that was called to treat him as he was dying was
deliberately kept outside of his cell for one hour and 18
minutes until he was dead. The report of the Human Rights
Council also states the officials falsified their accounts of
what happened to Sergei Magnitsky and, 18 months after his
death, no officials had been brought to trial for his false
arrest or the crime he uncovered. The impunity continued in
April 2012, when Russian authorities dropped criminal charges
against Larisa Litvinova, the head doctor at the prison where
Magnitsky died.
(9) The systematic abuse of Sergei Magnitsky, including his
repressive arrest and torture in custody by officers of the
Ministry of the Interior of the Russian Federation that Mr.
Magnitsky had implicated in the embezzlement of funds from the
Russian Treasury and the misappropriation of 3 companies from
his client, Hermitage Capital Management, reflects how deeply
the protection of human rights is affected by corruption.
(10) The politically motivated nature of the persecution of
Mr. Magnitsky is demonstrated by--
(A) the denial by all state bodies of the Russian
Federation of any justice or legal remedies to Mr.
Magnitsky during the nearly 12 full months he was kept
without trial in detention; and
(B) the impunity since his death of state officials
he testified against for their involvement in corruption
and the carrying out of his repressive persecution.
(11) The Public Oversight Commission of the City of Moscow
for the Control of the Observance of Human Rights in Places of
Forced Detention, an organization empowered by
[[Page 126 STAT. 1504]]
Russian law to independently monitor prison conditions,
concluded on December 29, 2009, ``A man who is kept in custody
and is being detained is not capable of using all the necessary
means to protect either his life or his health. This is a
responsibility of a state which holds him captive. Therefore,
the case of Sergei Magnitsky can be described as a breach of the
right to life. The members of the civic supervisory commission
have reached the conclusion that Magnitsky had been experiencing
both psychological and physical pressure in custody, and the
conditions in some of the wards of Butyrka can be justifiably
called torturous. The people responsible for this must be
punished.''.
(12) Sergei Magnitsky's experience, while particularly
illustrative of the negative effects of official corruption on
the rights of an individual citizen, appears to be emblematic of
a broader pattern of disregard for the numerous domestic and
international human rights commitments of the Russian Federation
and impunity for those who violate basic human rights and
freedoms.
(13) The second trial, verdict, and sentence against former
Yukos executives Mikhail Khodorkovsky and Platon Lebedev evoke
serious concerns about the right to a fair trial and the
independence of the judiciary in the Russian Federation. The
lack of credible charges, intimidation of witnesses, violations
of due process and procedural norms, falsification or
withholding of documents, denial of attorney-client privilege,
and illegal detention in the Yukos case are highly troubling.
The Council of Europe, Freedom House, and Amnesty International,
among others, have concluded that they were charged and
imprisoned in a process that did not follow the rule of law and
was politically influenced. Furthermore, senior officials of the
Government of the Russian Federation, including First Deputy
Prime Minister Igor Shuvalov, have acknowledged that the arrest
and imprisonment of Khodorkovsky were politically motivated.
(14) According to Freedom House's 2011 report entitled ``The
Perpetual Battle: Corruption in the Former Soviet Union and the
New EU Members'', ``[t]he highly publicized cases of Sergei
Magnitsky, a 37-year-old lawyer who died in pretrial detention
in November 2009 after exposing a multimillion-dollar fraud
against the Russian taxpayer, and Mikhail Khodorkovsky, the
jailed business magnate and regime critic who was sentenced at
the end of 2010 to remain in prison through 2017, put an
international spotlight on the Russian state's contempt for the
rule of law * * *. By silencing influential and accomplished
figures such as Khodorkovsky and Magnitsky, the Russian
authorities have made it abundantly clear that anyone in Russia
can be silenced.''.
(15) The tragic and unresolved murders of Nustap
Abdurakhmanov, Maksharip Aushev, Natalya Estemirova, Akhmed
Hadjimagomedov, Umar Israilov, Paul Klebnikov, Anna
Politkovskaya, Saihadji Saihadjiev, and Magomed Y. Yevloyev, the
death in custody of Vera Trifonova, the disappearances of
Mokhmadsalakh Masaev and Said-Saleh Ibragimov, the torture of
Ali Israilov and Islam Umarpashaev, the near-fatal beatings of
Mikhail Beketov, Oleg Kashin, Arkadiy Lander, and Mikhail
Vinyukov, and the harsh and ongoing
[[Page 126 STAT. 1505]]
imprisonment of Mikhail Khodorkovsky, Alexei Kozlov, Platon
Lebedev, and Fyodor Mikheev further illustrate the grave danger
of exposing the wrongdoing of officials of the Government of the
Russian Federation, including Chechen leader Ramzan Kadyrov, or
of seeking to obtain, exercise, defend, or promote
internationally recognized human rights and freedoms.
(b) Sense of Congress.--It is the sense of Congress that the United
States should continue to strongly support, and provide assistance to,
the efforts of the Russian people to establish a vibrant democratic
political system that respects individual liberties and human rights,
including by enhancing the provision of objective information through
all relevant media, such as Radio Liberty and the internet. The Russian
Government's suppression of dissent and political opposition, the
limitations it has imposed on civil society and independent media, and
the deterioration of economic and political freedom inside Russia are of
profound concern to the United States Government and to the American
people.
SEC. 403. DEFINITIONS.
In this title:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign Affairs,
the Committee on Homeland Security, and the Committee on
the Judiciary of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Foreign Relations, the Committee on Homeland Security
and Governmental Affairs, and the Committee on the
Judiciary of the Senate.
(3) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312 of
title 31, United States Code.
(4) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such an entity.
SEC.
404. <<NOTE: Deadlines. President. Determinations.>> IDENTIFICA
TION OF PERSONS RESPONSIBLE FOR THE
DETENTION, ABUSE, AND DEATH OF SERGEI
MAGNITSKY AND OTHER GROSS VIOLATIONS OF
HUMAN RIGHTS.
(a) In <<NOTE: List.>> General.--Not later than 120 days after the
date of the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of each person who the
President determines, based on credible information--
(1) is responsible for the detention, abuse, or death of
Sergei Magnitsky, participated in efforts to conceal the legal
liability for the detention, abuse, or death of Sergei
Magnitsky, financially benefitted from the detention, abuse, or
death of
[[Page 126 STAT. 1506]]
Sergei Magnitsky, or was involved in the criminal conspiracy
uncovered by Sergei Magnitsky;
(2) is responsible for extrajudicial killings, torture, or
other gross violations of internationally recognized human
rights committed against individuals seeking--
(A) to expose illegal activity carried out by
officials of the Government of the Russian Federation;
or
(B) to obtain, exercise, defend, or promote
internationally recognized human rights and freedoms,
such as the freedoms of religion, expression,
association, and assembly, and the rights to a fair
trial and democratic elections, in Russia; or
(3) acted as an agent of or on behalf of a person in a
matter relating to an activity described in paragraph (1) or
(2).
(b) Updates.--The President shall submit to the appropriate
congressional committees an update of the list required by subsection
(a) as new information becomes available.
(c) Form.--
(1) In general.--The list required by subsection (a) shall
be submitted in unclassified form.
(2) Exception.--The name of a person to be included in the
list required by subsection (a) may be submitted in a classified
annex only if the President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in such a manner consistent with
congressional intent and the purposes of this Act; and
(C) 15 <<NOTE: Notice.>> days prior to submitting
the name in a classified annex, provides to the
appropriate congressional committees notice of, and a
justification for, including or continuing to include
each person in the classified annex despite any publicly
available credible information indicating that the
person engaged in an activity described in paragraph
(1), (2), or (3) of subsection (a).
(3) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by subsection (a), the President shall consider information
provided by the chairperson and ranking member of each of the
appropriate congressional committees and credible data obtained
by other countries and nongovernmental organizations, including
organizations inside Russia, that monitor the human rights
abuses of the Government of the Russian Federation.
(4) Public <<NOTE: Federal Register, publication.>>
availability.--The unclassified portion of the list required by
subsection (a) shall be made available to the public and
published in the Federal Register.
(d) Removal From List.--A person may be removed from the list
required by subsection (a) if the President determines and reports to
the appropriate congressional committees not less than 15 days prior to
the removal of the person from the list that--
(1) credible information exists that the person did not
engage in the activity for which the person was added to the
list;
(2) the person has been prosecuted appropriately for the
activity in which the person engaged; or
[[Page 126 STAT. 1507]]
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activities in which the person engaged, and has credibly
committed to not engage in the types of activities specified in
paragraphs (1) through (3) of subsection (a).
(e) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one
of the appropriate congressional committees with respect to
whether a person meets the criteria for being added to the list
required by subsection (a), the President shall submit a
response to the chairperson and ranking member of the committee
which made the request with respect to the status of the person.
(2) Form.--The President may submit a response required by
paragraph (1) in classified form if the President determines
that it is necessary for the national security interests of the
United States to do so.
(3) Removal.--If the President removes from the list
required by subsection (a) a person who has been placed on the
list at the request of the chairperson and ranking member of one
of the appropriate congressional committees, the President shall
provide the chairperson and ranking member with any information
that contributed to the removal decision. The President may
submit such information in classified form if the President
determines that such is necessary for the national security
interests of the United States.
(f) Nonapplicability <<NOTE: Publication.>> of Confidentiality
Requirement With Respect to Visa Records.--The President shall publish
the list required by subsection (a) without regard to the requirements
of section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) with respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the United States.
SEC. 405. INADMISSIBILITY OF CERTAIN ALIENS.
(a) Ineligibility for Visas.--An alien is ineligible to receive a
visa to enter the United States and ineligible to be admitted to the
United States if the alien is on the list required by section 404(a).
(b) Current Visas Revoked.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), the visa or other documentation of any alien who would
be ineligible to receive such a visa or documentation under subsection
(a) of this section.
(c) Waiver for National Security Interests.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or (b) in the case of an alien
if--
(A) the <<NOTE: Determination.>> Secretary
determines that such a waiver--
(i) is necessary to permit the United States
to comply with the Agreement between the United
Nations and the United States of America regarding
the Headquarters of the United Nations, signed
June 26, 1947, and entered into force November 21,
1947, or other applicable international
obligations of the United States; or
[[Page 126 STAT. 1508]]
(ii) is in the national security interests of
the United States; and
(B) prior <<NOTE: Notice.>> to granting such a
waiver, the Secretary provides to the appropriate
congressional committees notice of, and a justification
for, the waiver.
(2) Timing <<NOTE: Deadline.>> for certain waivers.--
Notification under subparagraph (B) of paragraph (1) shall be
made not later than 15 days prior to granting a waiver under
such paragraph if the Secretary grants such waiver in the
national security interests of the United States in accordance
with subparagraph (A)(ii) of such paragraph.
(d) Regulatory Authority.--The Secretary of State shall prescribe
such regulations as are necessary to carry out this section.
SEC. 406. FINANCIAL MEASURES.
(a) <<NOTE: President.>> Freezing of Assets.--
(1) In general.--The President shall exercise all powers
granted by the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (except that the requirements of section
202 of such Act (50 U.S.C. 1701) shall not apply) to the extent
necessary to freeze and prohibit all transactions in all
property and interests in property of a person who is on the
list required by section 404(a) of this Act if such property and
interests in property are in the United States, come within the
United States, or are or come within the possession or control
of a United States person.
(2) <<NOTE: Determination.>> Exception.--Paragraph (1)
shall not apply to persons included on the classified annex
under section 404(c)(2) if the President determines that such an
exception is vital for the national security interests of the
United States.
(b) Waiver <<NOTE: Determination.>> for National Security
Interests.--The Secretary of the Treasury may waive the application of
subsection (a) if the Secretary determines that such a waiver is in the
national security interests of the
United <<NOTE: Deadline. Notice.>> States. Not less than 15 days prior
to granting such a waiver, the Secretary shall provide to the
appropriate congressional committees notice of, and a justification for,
the waiver.
(c) Enforcement.--
(1) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or
any regulation, license, or order issued to carry out this
section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of such section.
(2)
Requirements <<NOTE: Deadline. Regulations. Certification.>>
for financial institutions.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Treasury
shall prescribe or amend regulations as needed to require each
financial institution that is a United States person and has
within its possession or control assets that are property or
interests in property of a person who is on the list required by
section 404(a) if such property and interests in property are in
the United States to certify to the Secretary that, to the best
of the knowledge of the financial institution, the financial
institution has frozen all
[[Page 126 STAT. 1509]]
assets within the possession or control of the financial
institution that are required to be frozen pursuant to
subsection (a).
(d) Regulatory Authority.--The Secretary of the Treasury shall issue
such regulations, licenses, and orders as are necessary to carry out
this section.
SEC. 407. REPORT TO CONGRESS.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the Secretary of State and the Secretary of the
Treasury shall submit to the appropriate congressional committees a
report on--
(1) the actions taken to carry out this title, including--
(A) the number of persons added to or removed from
the list required by section 404(a) during the year
preceding the report, the dates on which such persons
have been added or removed, and the reasons for adding
or removing them; and
(B) if few or no such persons have been added to
that list during that year, the reasons for not adding
more such persons to the list; and
(2) efforts by the executive branch to encourage the
governments of other countries to impose sanctions that are
similar to the sanctions imposed under this title.
Approved December 14, 2012.
LEGISLATIVE HISTORY--H.R. 6156:
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HOUSE REPORTS: No. 112-632 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Nov. 16, considered and passed House.
Dec. 5, 6, considered and passed Senate.
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