1.Short
title; table of contents
(a)This Act may be cited
as the Russia and Moldova
Jackson-Vanik Repeal and Magnitsky Rule of Law Accountability Act of
2012
.
(b)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.
<enum>I</enum><header>Permanent normal
trade relations for the Russian Federation</header>
<section id="ida33933df1d3149a6a395f8541be11fed" section-type="subsequent-section"><enum>101.</enum><header>Findings</header><text display-inline="no-display-inline">Congress finds the following:</text>
<paragraph id="id5dcbb94eee774317a301674086b03b0e"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="idacfe9e3c6bee4e0ab075b2b743868ec0"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="ideef0cef7d8774409a941de72dc7b4f82"><enum>(3)</enum><text>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.</text>
</paragraph><paragraph id="id14a5ddd7b7ec46119a11ab843b60e429"><enum>(4)</enum><text>On December 16,
2011, the Ministerial Conference of the World Trade Organization invited the
Russian Federation to accede to the World Trade Organization.</text>
</paragraph></section><section id="idfb02fb1f98a64c2c9071780c2d0ba806"><enum>102.</enum><header>Termination of
application of title IV of the Trade Act of 1974 to products of the Russian
Federation</header>
<subsection id="id795a2d962b184ec4b5dc49f1c702e852"><enum>(a)</enum><header>Presidential
determinations and extension of nondiscriminatory
treatment</header><text>Notwithstanding any provision of title IV of the Trade
Act of 1974 (19 U.S.C. 2431 et seq.), the President may—</text>
<paragraph id="idb1c1580b66a94b0fad1eaceb6dd9241d"><enum>(1)</enum><text>determine that
such title should no longer apply to the Russian Federation; and</text>
</paragraph><paragraph id="iddfc9523fd6fd4290b12dcf172ffc28ab"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="id4a367e9643ea4b45b225fa980ea750ad"><enum>(b)</enum><header>Effective date
of nondiscriminatory treatment</header><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id366cf13a0f3a4b539cd6702bf94d6124"><enum>(c)</enum><header>Termination of
applicability of title IV</header><text>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.</text>
</subsection></section><enum>II</enum><header>Trade
enforcement measures relating to the Russian Federation</header>
<section id="id6EE4D5064A064C73BA16EF9079C31939"><enum>201.</enum><header>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</header>
<subsection id="id8DDD0C95690D48D39A93F59E2068721F"><enum>(a)</enum><header>Reports on
implementation</header>
<paragraph id="idAB95D74A06F4415E9E67DFD5E45C395F"><enum>(1)</enum><header>In
general</header><text>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:</text>
<subparagraph id="id2E3B7A9A2BC8474B9C445279B6F8B665"><enum>(A)</enum><text>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:</text>
<clause id="id8A5BC2CB459A4CCFA5BEEE5A001F03F7"><enum>(i)</enum><text>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))).</text>
</clause><clause id="id0485AFA52CA54835A2C07EE9A76C7A33"><enum>(ii)</enum><text>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))).</text>
</clause></subparagraph><subparagraph id="id178FFEED491C4FF98072737FFF71E21C"><enum>(B)</enum><text>The progress made
by the Russian Federation in acceding to, and the extent to which the Russian
Federation is implementing, the following:</text>
<clause id="id15A8FA3C73FA4A3A8D8344996F30E019"><enum>(i)</enum><text>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 <term>Information Technology Agreement</term>) (or a
successor agreement).</text>
</clause><clause id="id19067EF42AFD4B4A87E8271FB4E566A2"><enum>(ii)</enum><text>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))).</text>
</clause></subparagraph></paragraph><paragraph id="id569A076F9CA0493F91EDE4D13457F47F"><enum>(2)</enum><header>Plan for action
by Trade Representative</header>
<subparagraph id="id78F2AB68AF3D4101B9A00680AE1A7B62"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="id757303DBC7994D8CA98EE50D1C572E46"><enum>(B)</enum><header>Classified
information</header><text>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—</text>
<clause id="id213F087AE97C4B27975843E73040AF3A"><enum>(i)</enum><text>including the
information in a classified annex to the report required by paragraph (1);
or</text>
</clause><clause id="id18A72529FCC748B3B7C1AAAC8854675F"><enum>(ii)</enum><text>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.</text>
</clause></subparagraph></paragraph><paragraph id="id53733A22DFA94C4AA063A484E84B12C2"><enum>(3)</enum><header>Public
comments</header>
<subparagraph id="id1EF9667293434FF2B40F22FA574282FD"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="idBFFD8377F2294EB8B419081DF6AFDCEB"><enum>(B)</enum><header>Publication in
Federal Register</header><text>The Trade Representative shall publish notice of
the opportunity to comment and hearing required by subparagraph (A) in the
Federal Register.</text>
</subparagraph></paragraph></subsection><subsection id="id18fb2a1bf5974916bea8edbb8e3d6d28"><enum>(b)</enum><header>Report on
enforcement actions taken by Trade Representative</header><text>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.</text>
</subsection></section><section id="id671893467DEC41759A0C6DA2C4B80D5A"><enum>202.</enum><header>Promotion of
the rule of law in the Russian Federation to support United States trade and
investment</header>
<subsection id="id642cd3f9ff544c78b6c4fa3b36af491c"><enum>(a)</enum><header>Reports on
promotion of rule of law</header><text>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—</text>
<paragraph id="idDEE074E9CEC14BFA9FDDFE6CC2526EF9"><enum>(1)</enum><text>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—</text>
<subparagraph id="id09eb9a9654eb4140a8cac3732059889f"><enum>(A)</enum><text>strengthening
formal protections for United States investors in the Russian Federation,
including through the negotiation of a new bilateral investment treaty;</text>
</subparagraph><subparagraph id="id59ec97bfc015409391fb26b453dc5963"><enum>(B)</enum><text>advocating for
United States investors in the Russian Federation, including by promoting the
claims of United States investors in Yukos Oil Company;</text>
</subparagraph><subparagraph id="id2ed2f86a4f5f4f0db52dec2121a18845"><enum>(C)</enum><text>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 <quote>OECD Anti-Bribery Convention</quote>),
including the Russian Federation, to fully implement their commitments under
the Convention to prevent overseas business bribery by the nationals of those
countries;</text>
</subparagraph><subparagraph id="idfab82fbe2fc94842957a7fd3a51577d1"><enum>(D)</enum><text>promoting a
customs administration, tax administration, and judiciary in the Russia
Federation that are free of corruption; and</text>
</subparagraph><subparagraph id="id4ab3a6b68e054d13885e77493eae7f76"><enum>(E)</enum><text>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</text>
</subparagraph></paragraph><paragraph id="id4C887D0D66D8480DB648A4B0F60CDC2F"><enum>(2)</enum><text>that discloses
the status of any pending petition for espousal filed with the Secretary by a
United States investor in the Russian Federation.</text>
</paragraph></subsection><subsection id="id64cb4c589c9c485396b77ff9b094b2dd"><enum>(b)</enum><header>Anti-bribery
reporting and assistance</header>
<paragraph id="idEAE868B1A2D0465F8F35CB89104F3C8D"><enum>(1)</enum><header>In
general</header><text>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—</text>
<subparagraph id="idC3B734A99DAD41DA99F884E6BC03B0DB"><enum>(A)</enum><text>to report
instances of bribery, attempted bribery, or other forms of corruption in the
Russian Federation that impact or potentially impact their operations;
and</text>
</subparagraph><subparagraph id="idCEEEC6ACC1AA4FD0BE0990A077DE25E6"><enum>(B)</enum><text>to request the
assistance of the United States with respect to issues relating to corruption
in the Russian Federation.</text>
</subparagraph></paragraph><paragraph id="id25c5b3c8d3664832983095cfae80a2e6"><enum>(2)</enum><header>Report
required</header>
<subparagraph id="id8DA58DC6A84A407EAD2AC5622AA6AC34"><enum>(A)</enum><header>In
general</header><text>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:</text>
<clause id="idCDDA729AD3A5415F85B2E7E9C9D985BE"><enum>(i)</enum><text>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).</text>
</clause><clause id="idA35947C46A7040F6BBC3636BC3701124"><enum>(ii)</enum><text>A
description of the regions in the Russian Federation in which those instances
are alleged to have occurred.</text>
</clause><clause id="idDDFD579956A74795BBA5C9A98DBF0534"><enum>(iii)</enum><text>A
summary of actions taken by the United States to provide assistance to United
States entities pursuant to paragraph (1)(B).</text>
</clause><clause id="id74B85BFB34C449B5818AB946F2803262"><enum>(iv)</enum><text>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.</text>
</clause></subparagraph><subparagraph id="id584A6E8045384C4FA2EA4D61FA6A8183"><enum>(B)</enum><header>Confidentiality</header><text>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).</text>
</subparagraph></paragraph></subsection></section><section id="idE579D1C076CE4E2BB1C9B73C2804527D"><enum>203.</enum><header>Reports on
laws, policies, and practices of the Russian Federation that discriminate
against United States digital trade</header><text display-inline="no-display-inline">Section 181(a) of the Trade Act of 1974 (19
U.S.C. 2241(a)) is amended—</text>
<paragraph id="idDCF7C4B9CECA40189102FA455FBD3FD4"><enum>(1)</enum><text display-inline="yes-display-inline">by redesignating paragraph (3) as paragraph
(4); and</text>
</paragraph><paragraph id="idE865390D706A49A08B23A5A5CF18DF59"><enum>(2)</enum><text display-inline="yes-display-inline">by inserting after paragraph (2) the
following:</text>
<quoted-block display-inline="no-display-inline" id="id630A55EB39E245F1A8E942E52C8D853B" style="OLC">
<paragraph id="id2D59F536CC8F46D2907D22368DCDFC88"><enum>(3)</enum><header>Inclusion of
certain discriminatory laws, policies, and practices of the Russian
Federation</header><text display-inline="yes-display-inline">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.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="id804F26D238484DC994F7D00FC2441EBC"><enum>204.</enum><header>Efforts to
reduce barriers to trade imposed by the Russian Federation</header><text display-inline="no-display-inline">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—</text>
<paragraph id="idCCA668299D464B289059758EC6C5567F"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id2E796B77040C4D20AE464843B525ECC1"><enum>(2)</enum><text>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))).</text>
</paragraph></section><enum>III</enum><header>Sanctions with
respect to persons responsible for gross violations of human rights</header>
<section id="idaccb3ec8-fa17-485c-9e7b-3b1f09f03842" section-type="subsequent-section"><enum>301.</enum><header>Short
title</header><text display-inline="no-display-inline">This title may be cited
as the <quote><short-title>Sergei Magnitsky Rule of Law
Accountability Act of 2012</short-title></quote>.</text>
</section><section id="idec462c29-8e2c-43b9-9e2e-ebabbc9b12da"><enum>302.</enum><header>Findings</header><text display-inline="no-display-inline">Congress finds the following:</text>
<paragraph id="id3f37ea18-c011-41ab-9bd4-e4f22624391e"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idfbc66077-2455-4e0b-8e91-bc5aef9abadb"><enum>(2)</enum><text display-inline="yes-display-inline">The Russian Federation—</text>
<subparagraph id="idddf29364-13cb-4595-91d4-5d577f952005"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="idbba4df2b-d297-4920-973d-5bd86ae4d5bc"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="id038ff4df-7e36-4999-9a20-7bd403badee0"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="ida9127715-cbb2-4213-97ff-917bc69b5311"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idbbd78777-2819-4188-b6f5-6fdc3aa05ec2"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id6d0c85c5-2ab5-457d-968c-e229821d23ab"><enum>(6)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id92961a74-121f-48fe-bb97-2125fca27b3c"><enum>(7)</enum><text display-inline="yes-display-inline">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, <quote>[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.</quote>. President Medvedev went on to say,
<quote>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.</quote>. Furthermore, President Medvedev has acknowledged
Russia’s disregard for the rule of law and used the term <quote>legal
nihilism</quote> to describe a criminal justice system that continues to
imprison innocent people.</text>
</paragraph><paragraph id="id4b3e848c02e946a2930fe94f30658989"><enum>(8)</enum><text>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.</text>
</paragraph><paragraph id="idd3d8bdea-2e4b-4906-9f78-9da13ab7d52a"><enum>(9)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idc57dc4a1-b424-47bc-8725-06a965c913f3"><enum>(10)</enum><text>The
politically motivated nature of the persecution of Mr. Magnitsky is
demonstrated by—</text>
<subparagraph id="id4063cf99-18c2-4279-b2b8-d913bfdabf01"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="id145bc6f7-64fc-4ef1-8ee2-b893241633eb"><enum>(B)</enum><text>the impunity
of state officials he testified against for their involvement in corruption and
the carrying out of his repressive persecution since his death.</text>
</subparagraph></paragraph><paragraph id="idd81914f4-792c-46ea-97c1-99121ced4354"><enum>(11)</enum><text>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.</text>
</paragraph><paragraph id="idb4dbcd0c-832e-4455-af84-ba3db04762fa"><enum>(12)</enum><text display-inline="yes-display-inline">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, <quote>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.</quote>.</text>
</paragraph><paragraph id="id8c177157-76b5-4d36-9ac3-447cd1e36306"><enum>(13)</enum><text>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.</text>
</paragraph><paragraph id="id33b64e4f-a6a0-46ea-8437-fe7c66028cfd"><enum>(14)</enum><text>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.</text>
</paragraph><paragraph id="ida27145a2-e5b6-401f-9c17-117a1ee9b470"><enum>(15)</enum><text>According to
Freedom House’s 2011 report entitled <quote>The Perpetual Battle: Corruption in
the Former Soviet Union and the New EU Members</quote>, <quote>[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.</quote>.</text>
</paragraph><paragraph id="id9d7b8dbe-02be-4e53-a3c7-58227e4f54b9"><enum>(16)</enum><text>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.</text>
</paragraph><paragraph id="ide3daa084-7c0c-4458-9e61-1d214534b409"><enum>(17)</enum><text>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.</text>
</paragraph><paragraph id="idFCF622544E1E49618457D26F2CC052A0"><enum>(18)</enum><text>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.</text>
</paragraph></section><section id="idcf6c8da5-9f19-414b-86ca-e59defda2a27"><enum>303.</enum><header>Definitions</header><text display-inline="no-display-inline">In this title:</text>
<paragraph commented="no" id="iddbb3f788-3c4c-40d0-bc81-69b7333ee5f2"><enum>(1)</enum><header>Admitted;
alien</header><text display-inline="yes-display-inline">The terms
<term>admitted</term> and <term>alien</term> have the meanings given those
terms in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).</text>
</paragraph><paragraph id="ida378bded-a03a-4189-b397-ffe32e9a0368"><enum>(2)</enum><header>Appropriate
congressional committees</header><text>The term <term>appropriate congressional
committees</term> means—</text>
<subparagraph id="id74d94cde-1d8b-4706-bd72-42783d9c8450"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="idce404745-0bad-42f1-90b5-f4d828ac5ce8"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="idd9a973ed-df7a-4c25-ae52-d89ecbf4aa20"><enum>(3)</enum><header>Financial
institution</header><text>The term <term>financial institution</term> has the
meaning given that term in section 5312 of title 31, United States Code.</text>
</paragraph><paragraph id="id2273637f-777b-459b-a2c3-ac373f8016db"><enum>(4)</enum><header>United
States person</header><text>The term <term>United States person</term>
means—</text>
<subparagraph id="ida0988a7a-1764-4f3c-8bbe-6be4d04b194b"><enum>(A)</enum><text>a United
States citizen or an alien lawfully admitted for permanent residence to the
United States; or</text>
</subparagraph><subparagraph id="id54f9029f-2b8e-4730-8cef-4997fd624215"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></section><section id="iddc6c5dbb-36f5-4212-ae17-feb617a4b37b"><enum>304.</enum><header>Identification
of persons responsible for the detention, abuse, and death of Sergei Magnitsky
and other gross violations of human rights</header>
<subsection id="idb3732494-6936-4db9-ace5-c6b24cf543b9"><enum>(a)</enum><header>In
general</header><text>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—</text>
<paragraph id="id39f08829-8142-4608-9b73-3779392e776a"><enum>(1)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="idCBA9B2CD26EF49B49558B14F3C21BC09"><enum>(A)</enum><text>is responsible for the
detention, abuse, or death of Sergei Magnitsky;</text>
</subparagraph><subparagraph id="id7622B1FC298B46BEBFFFF41DD44A8F92" indent="up1"><enum>(B)</enum><text>participated in efforts to conceal the
legal liability for the detention, abuse, or death of Sergei Magnitsky;</text>
</subparagraph><subparagraph id="id5ED29EC6A3A5438DAFF1EA0D04E97082" indent="up1"><enum>(C)</enum><text>benefitted financially from the
detention, abuse, or death of Sergei Magnitsky; or</text>
</subparagraph><subparagraph id="idE2D62E42B02E482090CD93B2B74AA8BB" indent="up1"><enum>(D)</enum><text>was involved in the criminal
conspiracy uncovered by Sergei Magnitsky;</text>
</subparagraph></paragraph><paragraph id="ida6412957-00b2-404b-a9a4-68a937200164"><enum>(2)</enum><text>is
responsible for extrajudicial killings, torture, or other gross violations of
internationally recognized human rights committed against individuals
seeking—</text>
<subparagraph commented="no" id="id01e2f40a-9c3e-4860-8e39-ba13a4bc9fc2"><enum>(A)</enum><text>to expose
illegal activity carried out by officials of the Government of the Russian
Federation; or</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="iddfe7447a-5b11-413d-b7da-c9d5375f7b3a"><enum>(B)</enum><text>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</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="id54BE11BC69734AE59AF5550E388584E9"><enum>(3)</enum><text>acted as an agent
of or on behalf of a person in a matter relating to an activity described in
paragraph (1) or (2).</text>
</paragraph></subsection><subsection id="id11459447-46ec-44b6-9394-41d546a4b26c"><enum>(b)</enum><header>Updates</header><text>The
Secretary of State shall update the list required by subsection (a) as new
information becomes available.</text>
</subsection><subsection id="id6727e169-ae22-4515-b12b-2ec25f6a8b1f"><enum>(c)</enum><header>Removal
from list</header><text>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.</text>
</subsection><subsection id="id3EBBB1B3181043A88164A91D5B5A71C9"><enum>(d)</enum><header>Form of list;
public availability</header>
<paragraph id="id06D8ED71AA0747F491B5597AB2AAC4BF"><enum>(1)</enum><header>In
general</header><text>Except as provided in paragraph (2), the list required by
subsection (a) shall be submitted in unclassified form.</text>
</paragraph><paragraph id="id41A7E8F9B4764279B58E0731BAD0434D"><enum>(2)</enum><header>Classified
annex</header><text>The list required by subsection (a) may include a
classified annex if the Secretary of State—</text>
<subparagraph id="idFD054A873912420D8C5F0998A4630898"><enum>(A)</enum><text>determines that
it is necessary for the national security interests of the United States to do
so; and</text>
</subparagraph><subparagraph id="id703FC629981B444AB8681CC0D51030E8"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="idE4E4509484BB4491A26F70C8324D0ACE"><enum>(3)</enum><header>Review of
classified annex</header><text>Not later than 300 days after the date of the
enactment of this Act, and annually thereafter, the Secretary shall—</text>
<subparagraph id="idDB046487D5AE479D96192BB79EDD505F"><enum>(A)</enum><text>review the
classified annex, if any, included in the list required by subsection (a);
and</text>
</subparagraph><subparagraph id="id3B3CB2B517D348F681944058B38C6B78"><enum>(B)</enum><text>provide to the
appropriate congressional committees a justification for continuing to include
each person in the classified annex.</text>
</subparagraph></paragraph><paragraph id="id23442A03461342148DD34547B6B90B75"><enum>(4)</enum><header>Public
availability of unclassified portion</header><text>The unclassified portion of
the list required by subsection (a) shall be published in the Federal
Register.</text>
</paragraph></subsection><subsection id="id5cb8b1fd-229b-41e1-b4d4-c21b6548f546"><enum>(e)</enum><header>Requests by
chairperson and ranking member of appropriate congressional committees</header>
<paragraph id="idDF3D1161A3D94F7093AA502AA02E79E5"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="idA68622E51DC846BBAA8B196BF5DEB05A"><enum>(2)</enum><header>Form</header><text>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.</text>
</paragraph></subsection><subsection id="idD00D0E5BCF1140188BF98BB712EF358E"><enum>(f)</enum><header>Nonapplicability
of confidentiality requirement with respect to visa records</header><text>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.</text>
</subsection></section><section id="idb157e337-6581-41e9-9441-1a40062a7b54"><enum>305.</enum><header>Inadmissibility
of certain aliens</header>
<subsection id="id6922917c-b71f-427e-9792-22ee179ba627"><enum>(a)</enum><header>Ineligibility
for visas</header><text display-inline="yes-display-inline">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).</text>
</subsection><subsection id="idd0d64168-4701-436c-926f-e075b67741e1"><enum>(b)</enum><header>Current
visas revoked</header><text>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).</text>
</subsection><subsection id="id0e4f65b905dc495dbfaacb3449c55a6a"><enum>(c)</enum><header>Waiver for
national security interests</header><text>The Secretary of State may waive the
application of subsection (a) or (b) in the case of an alien if—</text>
<paragraph id="id9bd8ac25c4204f89ae4d1277d49472a0"><enum>(1)</enum><text>the Secretary
determines that such a waiver—</text>
<subparagraph id="id440897eca68c4038947f99ccced1a435"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="id98e5e55e93d3446c8a56092c6fb5f599"><enum>(B)</enum><text>is in the
national security interests of the United States; and</text>
</subparagraph></paragraph><paragraph id="idc981aa310cb440249629404e14d2540e"><enum>(2)</enum><text>prior to granting
such a waiver, the Secretary provides to the appropriate congressional
committees notice of, and a justification for, the waiver.</text>
</paragraph></subsection></section><section id="id118c919f-e08b-4190-9479-9c4bdfb6d907"><enum>306.</enum><header>Financial
measures</header>
<subsection id="idd0e3bd45-d316-4c36-827a-f086f3e7dead"><enum>(a)</enum><header>Freezing of
assets</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id3e787a2ae01642caaf42be79d2a96f2e"><enum>(b)</enum><header>Waiver for
national security interests</header><text>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.</text>
</subsection></section><section id="ide75b9d35-bf5b-4c37-9406-cddf71d07b39"><enum>307.</enum><header>Report to
Congress</header><text display-inline="no-display-inline">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—</text>
<paragraph id="id65faae81-a752-4871-b015-70b9d2f5bb75"><enum>(1)</enum><text display-inline="yes-display-inline">the actions taken to carry out this title,
including—</text>
<subparagraph commented="no" id="ideec3845b-4304-4aee-a90f-7f2fe19d4873"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph commented="no" id="iddb1572b5-b397-4e61-9736-7d153966c3a6"><enum>(B)</enum><text>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</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="id1f01b8f9-85b2-4527-ac23-51d22a70324c"><enum>(2)</enum><text>efforts to
encourage the governments of other countries to impose sanctions that are
similar to the sanctions imposed under this title.</text>
</paragraph></section><enum>IV</enum><header>Permanent normal
trade relations for Moldova</header>
<section commented="no" id="idbd98fe69787049ffa060db5bcb0e6a08"><enum>401.</enum><header>Findings</header><text display-inline="no-display-inline">Congress finds the following:</text>
<paragraph id="idab8010a339314102b72a3610dd001d89"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="id252bfa026551402dbedb549d7d73a53c"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="id1ec08235279c4900b9bff7c9532421f1"><enum>(3)</enum><text>Moldova acceded
to the World Trade Organization on July 26, 2001.</text>
</paragraph></section><section commented="no" id="id70F329EF686B40DB8F10EE5FE9016697"><enum>402.</enum><header>Termination of
application of title IV of the Trade Act of 1974 to products of
Moldova</header>
<subsection commented="no" id="id8dff1732a3784d6f8822566afaff127f"><enum>(a)</enum><header>Presidential
determinations and extension of nondiscriminatory
treatment</header><text>Notwithstanding any provision of title IV of the Trade
Act of 1974 (19 U.S.C. 2431 et seq.), the President may—</text>
<paragraph commented="no" id="idd02493dc571847d1b32ff4537b262e8e"><enum>(1)</enum><text>determine that
such title should no longer apply to Moldova; and</text>
</paragraph><paragraph commented="no" id="id0393dabd365d42e0bf31a76ff4e72d72"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id520bd433a916413a8078a4f42fd910ae"><enum>(b)</enum><header>Termination of
applicability of title IV</header><text>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.</text>
</subsection></section>
July 19, 2012
Read twice and placed on the calendar