[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6156 Enrolled Bill (ENR)]

        H.R.6156

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve


                                 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.

    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 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 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--PERMANENT NORMAL 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.

  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 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 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--PERMANENT 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.
    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 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 
    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.
    (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. 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 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 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 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 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
        (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 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 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
                (ii) is in the national security interests of the 
            United States; and
            (B) prior to granting such a waiver, the Secretary provides 
        to the appropriate congressional committees notice of, and a 
        justification for, the waiver.
        (2) Timing 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) 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) 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 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. 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 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.