[Congressional Record Volume 158, Number 155 (Wednesday, December 5, 2012)]
[Senate]
[Pages S7429-S7430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         RUSSIA TRADE RELATIONS

  Mr. WICKER. Mr. President, in a few moments the distinguished chair 
of the Finance Committee and the Senator from Utah will commence debate 
on H.R. 6156, the Russia and Moldova Jackson-Vanik Repeal and Sergei 
Magnitsky Rule of Law Accountability Act of 2012. Because of scheduling 
concerns, I am speaking on this in morning business, and that will 
allow time for other Members to speak.
  I come to the floor today to support this bill. It has a very 
important twofold purpose: It approves normal trade relations with 
Russia, and at the same time the legislation insists that the Russian 
Government adhere to the rule of law. It does so by putting 
consequences in place for those in Russia who abuse basic human rights.
  Granting PNTR to Russia is a big win for Americans. If Congress does 
not act, American workers, including millions employed by small 
businesses, stand to lose out to foreign competitors as Russia opens 
its market as a new member of the WTO.
  Many in my home State of Mississippi and around the country deserve 
to benefit from increased trade that this new relationship would bring. 
More jobs and greater economic growth are our potential rewards here in 
the United States. Last year Mississippi's $55 million in exports to 
Russia helped support an estimated 170 jobs. Certainly this number 
needs to grow, and I believe it will under this legislation.
  Yet in realizing the immense trade potential at hand, we cannot 
ignore the urgent need to address serious concerns about Russia's 
appalling human rights record. Most agree that the Jackson-Vanik 
amendment currently in place is an outdated restriction on trade which 
could hurt American competitiveness. But repeal alone will not suffice 
when dealing with a country that continues to protect corrupt 
officials, and that is what the Russian Government continues to do.
  The Sergei Magnitsky Rule of Law Accountability Act is a necessary 
replacement for Jackson-Vanik. The legislation targets human rights 
violators by imposing restrictions on their financial activities and 
travel. It recognizes that the privilege of using America's banking 
system and acquiring a U.S. visa should be denied to those who disgrace 
human dignity and justice.
  Facts need to be retold today about the case of Sergei Magnitsky 
after whom this legislation is named. Sergei Magnitsky was a lawyer and 
partner with an American-owned law firm based in Moscow. He was married 
and had two children. In his investigative work on behalf of the 
Hermitage Fund, the largest foreign portfolio investor in Russia, Mr. 
Magnitsky uncovered the largest tax rebate fraud in Russian history. He 
found that Russian Interior Ministry officers, tax officials, and 
organized criminals had worked together to steal $230 million in public 
funds.
  In 2008 Mr. Magnitsky voluntarily gave sworn testimony against 
officials from the Interior Ministry, Russian tax departments, and the 
private criminals whom he discovered were complicit in the fraud. A 
month later, instead of being commended for doing the right

[[Page S7430]]

thing, Mr. Magnitsky was arrested in front of his wife and children and 
placed in pretrial detention. He was held without a trial for 1 year. 
The Russian Federal Security Service deemed Mr. Magnitsky was a flight 
risk to prolong his detention, based on false claims that he had a U.K. 
visa application.
  While in custody, Mr. Magnitsky was tortured by officials, hoping he 
would withdraw his testimony, and falsely incriminate himself and his 
client. Refusing to do so, his conditions and his health worsened. He 
stayed in an overcrowded cell with no heat, no sunlight, and no toilet. 
The lights were kept on throughout the night to deprive him of sleep. 
Mr. Magnitsky lost 40 pounds and suffered from severe pancreatitis and 
gallstones.
  Months went by without any access to medical care. Despite hundreds 
of petitions, requests for medical examination and surgery were denied 
by Russian Government officials. So were family visits. After his 
arrest Mr. Magnitsky saw his wife once and never again saw his 
children.
  On November 13, 2009, Sergei Magnitsky's condition deteriorated 
dramatically. Doctors saw him on November 16. He was transferred to a 
Moscow detention center that had medical facilities and, instead of 
being treated there immediately, he was placed in an isolation cell, 
handcuffed, beaten, and subsequently Sergei Magnitsky died.
  After his death, Russian officials repeatedly denied the facts 
surrounding his health condition. Requests by his family for an 
independent autopsy were rejected. Detention center officials said Mr. 
Magnitsky's abdominal membrane had ruptured and that he died from toxic 
shock. The official cause of death would blame heart failure.
  According to the Russian State Investigative Committee, Mr. Magnitsky 
was not pressured and tortured but died naturally of heart disease. The 
committee said his death was ``nobody's fault.''
  For 3 years not a single person has been prosecuted for Mr. 
Magnitsky's false arrest, torture, murder, or for the massive fraud 
that he had the courage to expose. Like many of my colleagues, I 
continue to have real concerns about the current state of human rights 
and rule of law in Russia. I have come to the floor on numerous 
occasions demanding accountability for Russia's rampant extrajudicial 
offenses.
  Tragically, Mr. Magnitsky is not the only victim of the country's 
criminal regime. The cases of Mikhail Khodorkovsky and Planton Lebedev, 
who remain in prison, are also poignant examples of the corruption that 
pervades the Russian Government. My friend, the junior Senator from 
Maryland, has shown tremendous leadership on this issue and I commend 
him for his steadfast dedication to the highest standard of democracy 
and justice. I have long supported Senator Cardin's efforts to use the 
Magnitsky Act as a way to protect human rights globally.
  The Magnitsky Act is a simple straightforward call for justice. It 
signals to the world that America will uphold its commitment to the 
protection of human rights and the rule of law. It is a tool that could 
be extremely powerful in penalizing human rights violators everywhere. 
Many of us had hoped to achieve a bicameral consensus in applying the 
Magnitsky Act globally. Although global language is not included in the 
House bill being considered today, sanctions against human rights 
violations in Russia and within the Russian Government are still an 
important victory. It moves us in the right direction.
  I hope we can work in the next Congress to consider broadening the 
reach of the Magnitsky Act. Russia is not alone in its human rights 
abuses and the United States' unwavering stance against corruption 
should not stop there.
  PNTR with Russia is an important vehicle for American trade and it 
should serve as a reminder of our country's role in promoting the 
advancement of human rights. At the same time, I remain committed to 
supporting this role as we move forward.
  Mr. HATCH. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KERRY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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