[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4405 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4405
To impose sanctions on persons responsible for the detention, abuse, or
death of Sergei Magnitsky, and for other gross violations of human
rights in the Russian Federation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2012
Mr. McGovern (for himself, Mr. Wolf, Mr. Levin, Ms. Ros-Lehtinen, Mr.
Hastings of Florida, Mr. Royce, Mr. McDermott, Mr. Burton of Indiana,
Mr. Connolly of Virginia, Mr. Smith of New Jersey, Mr. Towns, Mr.
Roskam, Mr. Michaud, Mr. Pitts, Mr. Rangel, and Mr. Turner of Ohio)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committees on the Judiciary and
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 impose sanctions on persons responsible for the detention, abuse, or
death of Sergei Magnitsky, and for other gross violations of human
rights in the Russian Federation, 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 ``Sergei Magnitsky Rule of Law
Accountability Act of 2012''.
SEC. 2. 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
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 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 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.
SEC. 3. DEFINITIONS.
In this Act:
(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. 4. 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 publish in the Federal Register a list
of each person the Secretary of State has reason to believe--
(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 benefited from the detention, abuse, or
death of Sergei Magnitsky, or was involved in the criminal
conspiracy uncovered by Sergei Magnitsky; or
(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; 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 person demonstrates to the Secretary
of State that the person did not engage in the activity for which the
person was added to the list.
(d) 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 chairperson and ranking member of the
committee 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.
(3) Removal.--If the Secretary of State removes from the
list required by subsection (a) a person who has been placed on
the list at the request of the chairperson and the ranking
member of one of the appropriate congressional committees, the
Secretary shall provide that chairperson and ranking member
with any evidence that contributed to the removal decision. The
Secretary may submit such evidence in classified form if the
Secretary determines that such is necessary for the national
security interests of the United States.
(e) 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. 5. 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 4(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.
(d) Regulatory Authority.--The Secretary of State shall prescribe
such regulations as are necessary to carry out this section.
SEC. 6. 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 determines has
engaged in an activity described in paragraph (1), (2), or (3) of
section 4(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.
(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 for financial institutions.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the
Treasury shall prescribe regulations to require each
financial institution that is a United States person to
certify to the Secretary that, to the best of the
knowledge of the financial institution, the financial
institution has frozen all assets within the possession
or control of the financial institution that are
required to be frozen pursuant to subsection (a).
(B) Penalties.--The penalties provided for in
sections 5321(a) and 5322 of title 31, United States
Code, shall apply to a financial institution that
violates a regulation prescribed under subparagraph (A)
in the same manner and to the same extent as such
penalties would apply to any person that is otherwise
subject to such section 5321(a) or 5322.
(d) Regulatory Authority.--The Secretary of the Treasury shall
issue such regulations, licenses, and orders as are necessary to carry
out this section.
SEC. 7. 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 Act, including--
(A) the number of persons added to or removed from
the list required by section 4(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 Act.
SEC. 8. TERMINATION.
The provisions of this Act shall terminate on the date that is 10
years after the date of the enactment of this Act.
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