Text: S.3406 — 112th Congress (2011-2012)All Bill Information (Except Text)

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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 3406 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 461
112th CONGRESS
  2d Session
                                S. 3406

To authorize the extension of nondiscriminatory treatment (normal trade 
relations treatment) to products of the Russian Federation and Moldova, 
to require reports on the compliance of the Russian Federation with its 
obligations as a member of the World Trade Organization, and to impose 
sanctions on persons responsible for gross violations of human rights, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2012

   Mr. Baucus, from the Committee on Finance, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To authorize the extension of nondiscriminatory treatment (normal trade 
relations treatment) to products of the Russian Federation and Moldova, 
to require reports on the compliance of the Russian Federation with its 
obligations as a member of the World Trade Organization, and to impose 
sanctions on persons responsible for gross violations of human rights, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Russia and Moldova 
Jackson-Vanik Repeal and 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 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 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--SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR GROSS 
                       VIOLATIONS OF HUMAN RIGHTS

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Definitions.
Sec. 304. Identification of persons responsible for the detention, 
                            abuse, and death of Sergei Magnitsky and 
                            other gross violations of human rights.
Sec. 305. Inadmissibility of certain aliens.
Sec. 306. Financial measures.
Sec. 307. Report to Congress.
         TITLE IV--PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA

Sec. 401. Findings.
Sec. 402. Termination of application of title IV of the Trade Act of 
                            1974 to products of Moldova.

  TITLE I--PERMANENT NORMAL 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.

TITLE II--TRADE ENFORCEMENT 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 
                (A) is classifiable under Executive Order 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 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;
                    (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 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 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 
        2012 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--SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR GROSS 
                       VIOLATIONS OF HUMAN RIGHTS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Sergei Magnitsky Rule of Law 
Accountability Act of 2012''.

SEC. 302. FINDINGS.

    Congress finds the following:
            (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--
                    (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; and
                    (B) is a party to the Convention against Torture 
                and Other Cruel, Inhuman or Degrading Treatment or 
                Punishment, the International Covenant on Civil and 
                Political Rights, the United Nations Convention against 
                Corruption, and the European Convention on Human 
                Rights.
            (3) In becoming parties to human rights treaties, 
        governments voluntarily undertake international obligations to 
        respect and encourage certain fundamental rights and freedoms 
        of their citizens. The protection and encouragement of human 
        rights throughout the world is an important objective of United 
        States foreign policy.
            (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 Russian nongovernmental organization INDEM has 
        estimated that corruption amounts to hundreds of billions of 
        dollars a year, an increasing share of the gross domestic 
        product of the Russian Federation.
            (7) 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.
            (8) In light of the importance of legitimate and 
        transparent public institutions and the serious negative 
        effects that corruption has on the efforts of the United States 
        to strengthen democratic institutions and free market systems, 
        Presidential Proclamation 7750 of January 12, 2004, allows the 
        Secretary of State to suspend the entry into the United States 
        of aliens who are suspected of participating in corrupt 
        practices.
            (9) The systematic abuse of Sergei Magnitsky, including his 
        repressive arrest and torture in custody by the same 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, 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 of state officials he testified 
                against for their involvement in corruption and the 
                carrying out of his repressive persecution since his 
                death.
            (11) Mr. 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.
            (12) 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 Russian law to 
        independently monitor prison conditions, concluded, ``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.''.
            (13) On July 6, 2011, President 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 Magnitsy'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.
            (14) 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 have 
        acknowledged that the arrest and imprisonment of Khodorkovsky 
        were politically motivated.
            (15) 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.''.
            (16) 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.
            (17) 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 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 President Ramzan Kadyrov, or of seeking to 
        obtain, exercise, defend, or promote internationally recognized 
        human rights and freedoms.
            (18) The people of the Russian Federation, like people 
        everywhere, deserve to have their human rights and fundamental 
        freedoms respected. Human rights and fundamental freedoms are 
        inalienable and universal in character and thus bind all 
        states.

SEC. 303. 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. 304. IDENTIFICATION OF PERSONS RESPONSIBLE FOR THE DETENTION, 
              ABUSE, AND DEATH OF SERGEI MAGNITSKY AND OTHER GROSS 
              VIOLATIONS OF HUMAN RIGHTS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of the Treasury, shall submit to the appropriate 
congressional committees a list of each person the Secretary of State 
determines--
            (1)(A) is responsible for the detention, abuse, or death of 
        Sergei Magnitsky;
            (B) participated in efforts to conceal the legal liability 
        for the detention, abuse, or death of Sergei Magnitsky;
            (C) benefitted financially from the detention, abuse, or 
        death of Sergei Magnitsky; or
            (D) 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, anywhere in the world; 
                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 Secretary of State shall update the list required 
by subsection (a) as new information becomes available.
    (c) Removal From List.--A person shall be removed from the list 
required by subsection (a) if the Secretary of State determines that 
the person did not engage in the activity for which the person was 
added to the list.
    (d) Form of List; Public Availability.--
            (1) In general.--Except as provided in paragraph (2), the 
        list required by subsection (a) shall be submitted in 
        unclassified form.
            (2) Classified annex.--The list required by subsection (a) 
        may include a classified annex if the Secretary of State--
                    (A) determines that it is necessary for the 
                national security interests of the United States to do 
                so; and
                    (B) prior to submitting the list including a 
                classified annex, provides to the appropriate 
                congressional committees notice of, and a justification 
                for, including each person in the classified annex.
            (3) Review of classified annex.--Not later than 300 days 
        after the date of the enactment of this Act, and annually 
        thereafter, the Secretary shall--
                    (A) review the classified annex, if any, included 
                in the list required by subsection (a); and
                    (B) provide to the appropriate congressional 
                committees a justification for continuing to include 
                each person in the classified annex.
            (4) Public availability of unclassified portion.--The 
        unclassified portion of the list required by subsection (a) 
        shall be published in the Federal Register.
    (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 the 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 Secretary of State shall submit 
        a response to the committee the chairperson and ranking member 
        of which made the request with respect to whether or not the 
        Secretary determines that the person meets those criteria.
            (2) Form.--The Secretary of State may submit a response 
        required by paragraph (1) in classified form if the Secretary 
        determines that it is necessary for the national security 
        interests of the United States to do so.
    (f) Nonapplicability of Confidentiality Requirement With Respect to 
Visa Records.--The Secretary of State 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. 305. 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 304(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).
    (c) Waiver for National Security Interests.--The Secretary of State 
may waive the application of subsection (a) or (b) in the case of an 
alien if--
            (1) the Secretary determines that such a waiver--
                    (A) 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
                    (B) is in the national security interests of the 
                United States; and
            (2) prior to granting such a waiver, the Secretary provides 
        to the appropriate congressional committees notice of, and a 
        justification for, the waiver.

SEC. 306. FINANCIAL MEASURES.

    (a) Freezing of Assets.--The Secretary of the Treasury shall, 
pursuant to the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.), freeze and prohibit all transactions in all property and 
interests in property of a person that the Secretary, in consultation 
with the Secretary of State, determines has engaged in an activity 
described in paragraph (1), (2), or (3) of section 304(a) 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.
    (b) Waiver 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 States. Prior to granting such a waiver, the Secretary shall 
provide to the appropriate congressional committees notice of, and a 
justification for, the waiver.

SEC. 307. REPORT TO CONGRESS.

    Not later than 1 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 times and the circumstances in 
                which persons described in section 304(a) have been 
                added to the list required by that section during the 
                year preceding the report; 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 to encourage the governments of other countries 
        to impose sanctions that are similar to the sanctions imposed 
        under this title.

         TITLE IV--PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA

SEC. 401. 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.

SEC. 402. 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.
                                                       Calendar No. 461

112th CONGRESS

  2d Session

                                S. 3406

_______________________________________________________________________

                                 A BILL

To authorize the extension of nondiscriminatory treatment (normal trade 
relations treatment) to products of the Russian Federation and Moldova, 
to require reports on the compliance of the Russian Federation with its 
obligations as a member of the World Trade Organization, and to impose 
sanctions on persons responsible for gross violations of human rights, 
                        and for other purposes.

_______________________________________________________________________

                             July 19, 2012

                 Read twice and placed on the calendar