Text: H.R.6365 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (09/29/2010)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 6365 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6365

 To make certain individuals ineligible for visas or admission to the 
United States and to revoke visas and other entry documents previously 
issued to such individuals, and to impose certain financial measures on 
     such individuals, until the Russian Federation has thoroughly 
investigated the death of Sergei Leonidovich Magnitsky and brought the 
  Russian criminal justice system into compliance with international 
                legal standards, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

   Mr. McGovern (for himself, Mr. Issa, and Mr. Hastings of Florida) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Financial Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To make certain individuals ineligible for visas or admission to the 
United States and to revoke visas and other entry documents previously 
issued to such individuals, and to impose certain financial measures on 
     such individuals, until the Russian Federation has thoroughly 
investigated the death of Sergei Leonidovich Magnitsky and brought the 
  Russian criminal justice system into compliance with international 
                legal standards, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Sergei Magnitsky Act of 
2010''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The United States 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 is a member of the United 
        Nations, the Organization for Security and Cooperation in 
        Europe, and the International Monetary Fund, has ratified the 
        Convention against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment, the International Covenant 
        on Civil and Political Rights, the International Covenant on 
        Economic, Social and Cultural Rights, and the United Nations 
        Convention against Corruption, and is bound by the legal 
        obligations set forth in the European Convention of 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 
        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 President of the Russian Federation, Dmitry 
        Medvedev, has addressed corruption in many public speeches, 
        including stating in his 2009 address to Russia's Federal 
        Assembly, ``[Z]ero tolerance of corruption should become part 
        of our national culture . . . In Russia we often say that there 
        are few cases in which corrupt officials are prosecuted . . . 
        [S]imply incarcerating a few will not resolve the problem. But 
        incarcerated they must be.''. President Medvedev went on to 
        say, ``We shall overcome underdevelopment and corruption 
        because we are a strong and free people, and deserve a normal 
        life in a modern, prosperous democratic society.''. 
        Furthermore, President Medvedev has acknowledged Russia's 
        disregard for the rule of law and used the term ``legal 
        nihilism'' to describe a criminal justice system that continues 
        to imprison innocent people.
            (7) The systematic abuse of Sergei Magnitsky, including his 
        arbitrary detention and mistreatment in custody, by the same 
        officers of the Russian Interior Ministry that Mr. Magnitsky 
        had implicated in the embezzlement of funds from the Russian 
        Treasury, reflects how deeply the protection of human rights is 
        affected by corruption. 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 wife and two 
        sons.
            (8) There is extensive evidence that public officials from 
        the Russian Interior Ministry, the Russian Federal Tax 
        Authorities, the Russian General Prosecutor's Office, the 
        Russian Federal Security Service, as well as Russian regional 
        courts and the prison system have abused their powers and 
        positions to commit serious human rights violations, embezzled 
        funds from the Russian Treasury, and retaliated against 
        whistleblowers.
            (9) The Public Oversight Commission for the Observance of 
        Human Rights in Penitentiary Centers of the city of Moscow, an 
        organization empowered by Russian law to independently monitor 
        prison conditions, concluded that ``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.''.

SEC. 3. VISA LIMITATIONS ON CERTAIN PERSONS FROM THE RUSSIAN 
              FEDERATION.

    (a) Ineligible for Visas.--
            (1) In general.--Except as provided in paragraph (2), an 
        alien is ineligible to receive a visa to enter the United 
        States and ineligible to be admitted to the United States who 
        the Secretary of State determines to be--
                    (A) an individual who engaged in any act that was 
                instrumental in causing the death of Sergei Leonidovich 
                Magnitsky;
                    (B) an individual who conspired to defraud the 
                Russian Federation of taxes on corporate profits 
                because of fraudulent transactions and lawsuits against 
                the foreign investment company known as Hermitage; or
                    (C) the spouse, son, daughter, or parent of an 
                alien described in subparagraph (A) or (B).
            (2) Period in which determinations to be made.--The 
        Secretary of State shall make the determinations described in 
        paragraph (1) not later than the expiration of the 180-day 
        period beginning on the date of the enactment of this Act.
            (3) Waiver for national interests.--The Secretary of State 
        may waive the application of paragraph (1) in the case of an 
        alien if the Secretary determines that such a waiver is in the 
        national interests of the United States. Upon granting such a 
        waiver, the Secretary of State shall provide to the Congress 
        notice of, and justification for, the waiver.
            (4) Termination.--The provisions of this subsection shall 
        cease to be effective on the date that the Secretary of State 
        transmits to the Congress a statement certifying that the 
        Secretary has determined the following:
                    (A) That the Government of the Russian Federation 
                has conducted a thorough and impartial investigation 
                into the arbitrary detention, systematic abuse, and 
                resultant death in custody of Sergei Leonidovich 
                Magnitsky, and that the individuals responsible have 
                been brought to justice according to the laws of the 
                Russian Federation and pursuant to the international 
                legal obligations of the Russian Federation.
                    (B) That the Government of the Russian Federation 
                has taken significant steps to bring the criminal 
                justice system and penal system of the Russian 
                Federation into compliance with applicable 
                international legal standards.
                    (C) That the Government of the United States is 
                confident that the investigation described in 
                subparagraph (A) was properly conducted, transparent, 
                and free of political influence.
    (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 visa or documentation under 
subsection (a).
    (c) Terminology.--Terms used in this section shall have the 
meanings given such terms in section 101(a) and (b) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a) and (b)).

SEC. 4. FINANCIAL MEASURES.

    (a) Special Measures.--The Secretary of the Treasury shall instruct 
domestic financial institutions and domestic financial agencies to take 
1 or more special measures described in section 5318A(b) of title 31, 
United States Code, if the Secretary of the Treasury makes a 
determination, under section 5318A of such title, with respect to money 
laundering relating to the conspiracy described in section 3(a)(1)(B).
    (b) Blocking of Assets.--The Secretary of the Treasury shall freeze 
and prohibit all transactions in all property and interests in property 
of an individual described in section 3(a)(1), or of any person acting 
as an agent of or on behalf of such an individual, that are in the 
United States, that come within the United States, or that are or come 
within the possession or control of United States persons, including 
their overseas branches.
    (c) Regulatory Authority.--The Secretary of the Treasury shall 
issue such regulations, licenses, and orders as are necessary to carry 
out this section.
    (d) Enforcement.--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.
    (e) Termination.--The provisions of this section shall cease to be 
effective on the date that the Secretary of the Treasury transmits to 
the Congress a statement certifying that the Secretary has determined 
the following:
            (1) That the Government of the Russian Federation has 
        conducted a thorough and impartial investigation into the 
        conspiracy (described in section 3(a)(1)(B)) to defraud the 
        Russian Federation of taxes on corporate profits, and that the 
        individuals responsible have been brought to justice according 
        to the laws of the Russian Federation and pursuant to the 
        international legal obligations of the Russian Federation.
            (2) That the Government of the Russian Federation--
                    (A) has taken significant steps to bring the 
                criminal justice system of the Russian Federation into 
                compliance with applicable international financial and 
                banking standards; and
                    (B) has substantially strengthened statutory 
                protections for individuals who disclose evidence of 
                illegal government activities.
            (3) That the Government of the United States is confident 
        that the investigation described in paragraph (1) was properly 
        conducted, transparent, and free of political influence.

SEC. 5. REPORT TO CONGRESS.

    Not later than the 180th day after the date of the enactment of 
this Act, the Secretary of State and the Secretary of the Treasury 
shall submit to the Congress a report on the actions taken to carry out 
this Act.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on the 90th day after the date of the 
enactment of this Act.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate.
            (2) Financial institution; domestic financial agency; 
        domestic financial institution.--The terms ``financial 
        institution'', ``domestic financial agency'', and ``domestic 
        financial institution'' have the meanings of those terms as 
        used in section 5318A of title 31, United States Code.
            (3) United states person.--The term ``United States 
        person'' means any United States citizen, any alien lawfully 
        admitted for permanent residence to the United States, any 
        entity organized under the laws of the United States or of any 
        jurisdiction within the United States (including foreign 
        branches), or any person in the United States.
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