Text: H.R.6156 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-208 (12/14/2012)

 
[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:
---------------------------------------------------------------------------

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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