PUBLIC LAW 112–208—DEC. 14, 2012 

RUSSIA AND MOLDOVA JACKSON-VANIK 

REPEAL AND SERGEI MAGNITSKY RULE OF 

LAW ACCOUNTABILITY ACT OF 2012 


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126 STAT. 1496 PUBLIC LAW 112–208—DEC. 14, 2012 

Public Law 112–208 

112th Congress 

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. 

Sec. 101. Findings. 

Sec. 102. Termination of application of title IV of the Trade Act of 1974 to products 

of 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. 

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. 

19 USC 2101 

note. 

Russia and 

Moldova 

Jackson-Vanik 

Repeal and 

Sergei Magnitsky 

Rule of Law 

Accountability 

Act of 2012. 

Dec. 14, 2012 

[H.R. 6156] 


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PUBLIC LAW 112–208—DEC. 14, 2012 126 STAT. 1497 

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. 

19 USC 2434 

note. 


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126 STAT. 1498 PUBLIC LAW 112–208—DEC. 14, 2012 

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 

19 USC 2434 

note. 


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(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; 

Notice. 


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126 STAT. 1500 PUBLIC LAW 112–208—DEC. 14, 2012 

(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 

Communications 

and telecommunications. 

Web site. 


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PUBLIC LAW 112–208—DEC. 14, 2012 126 STAT. 1501 

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 

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. 

19 USC 2434 

note. 


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126 STAT. 1502 PUBLIC LAW 112–208—DEC. 14, 2012 

SEC. 302. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE 

ACT OF 1974 TO PRODUCTS OF MOLDOVA. 

(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF NON- DISCRIMINATORY 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 

Sergei Magnitsky 

Rule of Law 

Accountability 

Act of 2012. 

22 USC 5811 

note. 


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PUBLIC LAW 112–208—DEC. 14, 2012 126 STAT. 1503 

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 


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126 STAT. 1504 PUBLIC LAW 112–208—DEC. 14, 2012 

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 multimilliondollar 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 nearfatal beatings of Mikhail Beketov, Oleg Kashin, Arkadiy 

Lander, and Mikhail Vinyukov, and the harsh and ongoing 


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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 

List. 

Deadlines. 

President. 

Determinations. 


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126 STAT. 1506 PUBLIC LAW 112–208—DEC. 14, 2012 

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 

Federal Register, 

publication. 

Notice. 


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PUBLIC LAW 112–208—DEC. 14, 2012 126 STAT. 1507 

(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 

Determination. 

Publication. 


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126 STAT. 1508 PUBLIC LAW 112–208—DEC. 14, 2012 

(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 

Deadline. 

Regulations. 

Certification. 

Deadline. 

Notice. 

Determination. 

Determination. 

President. 

Deadline. 

Notice. 


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PUBLIC LAW 112–208—DEC. 14, 2012 126 STAT. 1509 

LEGISLATIVE HISTORY—H.R. 6156: 

HOUSE REPORTS: No. 112–632 (Comm. on Ways and Means). 

CONGRESSIONAL RECORD, Vol. 158 (2012): 

Nov. 16, considered and passed House. 

Dec. 5, 6, considered and passed Senate. 

Æ 

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. 

Approved December 14, 2012. 


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