II 

Calendar No. 449 

113TH CONGRESS 

2D SESSION S. 1933 

[Report No. 113–203] 

To impose sanctions with respect to foreign persons responsible for gross 

violations of internationally recognized human rights, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2014 

Mr. CARDIN (for himself, Mr. MCCAIN, Mr. LEVIN, Mr. WICKER, Mr. DURBIN, Mr. BLUMENTHAL, Mrs. SHAHEEN, Mr. MARKEY, Mr. RUBIO, Mr. 

KIRK, and Mr. COONS) introduced the following bill; which was read 

twice and referred to the Committee on Foreign Relations 

JUNE 26, 2014 

Reported by Mr. MENENDEZ, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized 

human rights, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Global Human Rights 

3 Accountability Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Armed Services, the 

10 Committee on Financial Services, the Com11 mittee on Foreign Affairs, the Committee on 

12 Homeland Security, and the Committee on the 

13 Judiciary of the House of Representatives; and 

14 (B) the Committee on Armed Services, the 

15 Committee on Banking, Housing, and Urban 

16 Affairs, the Committee on Foreign Relations, 

17 the Committee on Homeland Security and Gov18 ernmental Affairs, and the Committee on the 

19 Judiciary of the Senate. 

20 (2) FINANCIAL INSTITUTION.—The term ‘‘fi21 nancial institution’’ has the meaning given that term 

22 in section 5312 of title 31, United States Code. 

23 (3) FOREIGN PERSON.—The term ‘‘foreign per24 son’’ means a person that is not a United States 

25 person. 


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1 (4) PERSON.—The term ‘‘person’’ means an in2 dividual or entity. 

3 (5) UNITED STATES PERSON.—The term 

4 ‘‘United States person’’ means— 

5 (A) a United States citizen or an alien law6 fully admitted for permanent residence to the 

7 United States; or 

8 (B) an entity organized under the laws of 

9 the United States or of any jurisdiction within 

10 the United States, including a foreign branch of 

11 such an entity. 

12 SEC. 3. IDENTIFICATION OF FOREIGN PERSONS RESPON13 SIBLE FOR GROSS VIOLATIONS OF HUMAN 

14 RIGHTS. 

15 (a) IN GENERAL.—Not later than 120 days after the 

16 date of the enactment of this Act, the President shall sub17 mit to the appropriate congressional committees a list of 

18 each foreign person that the President determines, based 

19 on credible information— 

20 (1) is responsible for extrajudicial killings, tor21 ture, or other gross violations of internationally rec22 ognized human rights committed against individuals 

23 in any foreign country seeking— 

24 (A) to expose illegal activity carried out by 

25 government officials; or 


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1 (B) to obtain, exercise, defend, or promote 

2 internationally recognized human rights and 

3 freedoms, such as the freedoms of religion, ex4 pression, association, and assembly, and the 

5 rights to a fair trial and democratic elections; 

6 or 

7 (2) acted as an agent of or on behalf of a for8 eign person in a matter relating to an activity de9 scribed in paragraph (1). 

10 (b) UPDATES.—The President shall submit to the ap11 propriate congressional committees an update of the list 

12 required by subsection (a) as new information becomes 

13 available. 

14 (c) FORM.— 

15 (1) IN GENERAL.—The list required by sub16 section (a) shall be submitted in unclassified form. 

17 (2) EXCEPTION.—The name of a foreign person 

18 to be included in the list required by subsection (a) 

19 may be submitted in a classified annex only if the 

20 President— 

21 (A) determines that it is vital for the na22 tional security interests of the United States to 

23 do so; 


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1 (B) uses the annex in a manner consistent 

2 with congressional intent and the purposes of 

3 this Act; and 

4 (C) not later than 15 days before submit5 ting the name in a classified annex, provides to 

6 the appropriate congressional committees notice 

7 of, and a justification for, including or con8 tinuing to include each person in the classified 

9 annex despite any publicly available credible in10 formation indicating that the person engaged in 

11 an activity described in paragraph (1) or (2) of 

12 subsection (a). 

13 (3) CONSIDERATION OF CERTAIN INFORMA14 TION.—In preparing the list required by subsection 

15 (a), the President shall consider— 

16 (A) information provided by the chair17 person and ranking member of each of the ap18 propriate congressional committees; and 

19 (B) credible information obtained by other 

20 countries and nongovernmental organizations 

21 that monitor violations of human rights. 

22 (4) PUBLIC AVAILABILITY.—The unclassified 

23 portion of the list required by subsection (a) shall be 

24 made available to the public and published in the 

25 Federal Register. 


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1 (d) REMOVAL FROM LIST.—A foreign person may be 

2 removed from the list required by subsection (a) if the 

3 President determines and reports to the appropriate con4 gressional committees not later than 15 days before the 

5 removal of the person from the list that— 

6 (1) credible information exists that the person 

7 did not engage in the activity for which the person 

8 was added to the list; 

9 (2) the person has been prosecuted appro10 priately for the activity in which the person engaged; 

11 or 

12 (3) the person has credibly demonstrated a sig13 nificant change in behavior, has paid an appropriate 

14 consequence for the activities in which the person 

15 engaged, and has credibly committed to not engage 

16 in an activity described in paragraph (1) or (2) of 

17 subsection (a). 

18 (e) REQUESTS BY CHAIRPERSON AND RANKING

19 MEMBER OF APPROPRIATE CONGRESSIONAL COMMIT20 TEES.— 

21 (1) IN GENERAL.—Not later than 120 days 

22 after receiving a written request from the chair23 person and ranking member of one of the appro24 priate congressional committees with respect to 

25 whether a foreign person meets the criteria for being 


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1 added to the list required by subsection (a), the 

2 President shall submit a response to that chair3 person and ranking member of the committee with 

4 respect to the status of the person. 

5 (2) FORM.—The President may submit a re6 sponse required by paragraph (1) in classified form 

7 if the President determines that it is necessary for 

8 the national security interests of the United States 

9 to do so. 

10 (3) REMOVAL.— 

11 (A) IN GENERAL.—If the President re12 moves from the list required by subsection (a) 

13 a foreign person that has been placed on the 

14 list at the request of the chairperson and rank15 ing member of one of the appropriate congres16 sional committees, the President shall provide 

17 the chairperson and ranking member with any 

18 information that contributed to the removal de19 cision. 

20 (B) FORM OF INFORMATION.—The Presi21 dent may submit the information requested by 

22 subparagraph (A) in classified form if the 

23 President determines that it is necessary to the 

24 national security interests of the United States 

25 to do so. 


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1 (f) NONAPPLICABILITY OF CONFIDENTIALITY RE2 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

3 President shall publish the list required by subsection (a) 

4 without regard to the requirements of section 222(f) of 

5 the Immigration and Nationality Act (8 U.S.C. 1202(f)) 

6 with respect to confidentiality of records pertaining to the 

7 issuance or refusal of visas or permits to enter the United 

8 States. 

9 SEC. 4. INADMISSIBILITY OF CERTAIN INDIVIDUALS. 

10 (a) INELIGIBILITY FOR VISAS.—An individual who is 

11 a foreign person on the list required by section 3(a) is 

12 ineligible to receive a visa to enter the United States and 

13 ineligible to be admitted to the United States. 

14 (b) CURRENT VISAS REVOKED.—The Secretary of 

15 State shall revoke, in accordance with section 221(i) of 

16 the Immigration and Nationality Act (8 U.S.C. 1201(i)), 

17 the visa or other documentation of an individual who 

18 would be ineligible to receive such a visa or documentation 

19 under subsection (a). 

20 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

21 (1) IN GENERAL.—The Secretary of State may 

22 waive the application of subsection (a) or (b) in the 

23 case of an individual if— 

24 (A) the Secretary determines that such a 

25 waiver— 


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1 (i) is necessary to permit the United 

2 States to comply with the Agreement be3 tween the United Nations and the United 

4 States of America regarding the Head5 quarters of the United Nations, signed 

6 June 26, 1947, and entered into force No7 vember 21, 1947, or other applicable inter8 national obligations of the United States; 

9 or 

10 (ii) is in the national security interests 

11 of the United States; and 

12 (B) before granting the waiver, the Sec13 retary provides to the appropriate congressional 

14 committees notice of, and a justification for, the 

15 waiver. 

16 (2) TIMING FOR NOTICE OF CERTAIN WAIV17 ERS.—In the case of a waiver under subparagraph 

18 (A)(ii) of paragraph (1), the Secretary shall submit 

19 the notice required by subparagraph (B) of that 

20 paragraph not later than 15 days before granting 

21 the waiver. 

22 (d) REGULATORY AUTHORITY.—The Secretary of 

23 State shall prescribe such regulations as are necessary to 

24 carry out this section. 


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1 SEC. 5. FINANCIAL MEASURES. 

2 (a) FREEZING OF ASSETS.— 

3 (1) IN GENERAL.—The President shall exercise 

4 all powers granted by the International Emergency 

5 Economic Powers Act (50 U.S.C. 1701 et seq.) (ex6 cept that the requirements of section 202 of such 

7 Act (50 U.S.C. 1701) shall not apply) to the extent 

8 necessary to freeze and prohibit all transactions in 

9 all property and interests in property of a foreign 

10 person on the list required by section 3(a) of this 

11 Act if such property and interests in property are in 

12 the United States, come within the United States, or 

13 are or come within the possession or control of a 

14 United States person. 

15 (2) EXCEPTION.—Paragraph (1) shall not 

16 apply to foreign persons included on the classified 

17 annex under section 3(c)(2) if the President deter18 mines that such an exception is vital to the national 

19 security interests of the United States. 

20 (b) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

21 The Secretary of the Treasury may waive the application 

22 of subsection (a) if the Secretary— 

23 (1) determines that such a waiver is in the na24 tional security interests of the United States; and 

25 (2) not later than 15 days before granting the 

26 waiver, provides to the appropriate congressional 


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1 committees notice of, and a justification for, the 

2 waiver. 

3 (c) ENFORCEMENT.— 

4 (1) PENALTIES.—A person that violates, at5 tempts to violate, conspires to violate, or causes a 

6 violation of this section or any regulation, license, or 

7 order issued to carry out this section shall be subject 

8 to the penalties set forth in subsections (b) and (c) 

9 of section 206 of the International Emergency Eco10 nomic Powers Act (50 U.S.C. 1705) to the same ex11 tent as a person that commits an unlawful act de12 scribed in subsection (a) of that section. 

13 (2) REQUIREMENTS FOR FINANCIAL INSTITU14 TIONS.—Not later than 120 days after the date of 

15 the enactment of this Act, the Secretary of the 

16 Treasury shall prescribe regulations requiring each 

17 financial institution that is a United States person 

18 and has within its possession or control assets that 

19 are property or interests in property of a foreign 

20 person on the list required by section 3(a) to certify 

21 to the Secretary that, to the best of the knowledge 

22 of the financial institution, the financial institution 

23 has frozen all assets within the possession or control 

24 of the financial institution that are required to be 

25 frozen pursuant to subsection (a). 


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1 (d) REGULATORY AUTHORITY.—The Secretary of the 

2 Treasury shall issue such regulations, licenses, and orders 

3 as are necessary to carry out this section. 

4 SEC. 6. REPORT TO CONGRESS. 

5 Not later than one year after the date of the enact6 ment of this Act, and annually thereafter, the Secretary 

7 of State and the Secretary of the Treasury shall each sub8 mit to the appropriate congressional committees a report 

9 on— 

10 (1) the actions taken to carry out this Act, in11 cluding— 

12 (A) the number of foreign persons added 

13 to or removed from the list required by section 

14 3(a) during the year preceding the report, the 

15 dates on which those persons were added or re16 moved, and the reasons for adding or removing 

17 those persons; and 

18 (B) if few or no persons have been added 

19 to that list during that year, the reasons for not 

20 adding more persons to the list; and 

21 (2) efforts by the executive branch to encourage 

22 the governments of other countries to impose sanc23 tions that are similar to the sanctions imposed under 

24 this Act. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Global Magnitsky 

3 Human Rights Accountability Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional commit8 tees’’ means— 

9 (A) the Committee on Banking, Housing, 

10 and Urban Affairs and the Committee on For11 eign Relations of the Senate; and 

12 (B) the Committee on Financial Services 

13 and the Committee on Foreign Affairs of the 

14 House of Representatives. 

15 (2) FOREIGN PERSON.—The term ‘‘foreign per16 son’’ means a person that is not a United States per17 son. 

18 (3) PERSON.—The term ‘‘person’’ means an in19 dividual or entity. 

20 (4) UNITED STATES PERSON.—The term ‘‘United 

21 States person’’ means— 

22 (A) a United States citizen or an alien law23 fully admitted for permanent residence to the 

24 United States; or 

25 (B) an entity organized under the laws of 

26 the United States or of any jurisdiction within 


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1 the United States, including a foreign branch of 

2 such an entity. 

3 SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 

4 (a) IN GENERAL.—The President may impose the 

5 sanctions described in subsection (b) with respect to any 

6 foreign person the President determines, based on credible 

7 evidence— 

8 (1) is responsible for extrajudicial killings, tor9 ture, or other gross violations of internationally recog10 nized human rights committed against individuals in 

11 any foreign country who seek— 

12 (A) to expose illegal activity carried out by 

13 government officials; or 

14 (B) to obtain, exercise, defend, or promote 

15 internationally recognized human rights and 

16 freedoms, such as the freedoms of religion, expres17 sion, association, and assembly, and the rights to 

18 a fair trial and democratic elections; 

19 (2) acted as an agent of or on behalf of a foreign 

20 person in a matter relating to an activity described 

21 in paragraph (1); 

22 (3) is a government official, or a senior associate 

23 of such an official, that is responsible for, or complicit 

24 in, ordering, controlling, or otherwise directing, acts 

25 of significant corruption, including the expropriation 


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1 of private or public assets for personal gain, corrup2 tion related to government contracts or the extraction 

3 of natural resources, bribery, or the facilitation or 

4 transfer of the proceeds of corruption to foreign juris5 dictions; or 

6 (4) has materially assisted, sponsored, or pro7 vided financial, material, or technological support 

8 for, or goods or services in support of, an activity de9 scribed in paragraph (3). 

10 (b) SANCTIONS DESCRIBED.—The sanctions described 

11 in this subsection are the following: 

12 (1) INADMISSIBILITY TO UNITED STATES.—In 

13 the case of a foreign person who is an individual— 

14 (A) ineligibility to receive a visa to enter 

15 the United States or to be admitted to the United 

16 States; or 

17 (B) if the individual has been issued a visa 

18 or other documentation, revocation, in accord19 ance with section 221(i) of the Immigration and 

20 Nationality Act (8 U.S.C. 1201(i)), of the visa or 

21 other documentation. 

22 (2) BLOCKING OF PROPERTY.— 

23 (A) IN GENERAL.—The blocking, in accord24 ance with the International Emergency Eco25 nomic Powers Act (50 U.S.C. 1701 et seq.), of all 


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1 transactions in all property and interests in 

2 property of a foreign person if such property and 

3 interests in property are in the United States, 

4 come within the United States, or are or come 

5 within the possession or control of a United 

6 States person. 

7 (B) INAPPLICABILITY OF NATIONAL EMER8 GENCY REQUIREMENT.—The requirements of sec9 tion 202 of the International Emergency Eco10 nomic Powers Act (50 U.S.C. 1701) shall not 

11 apply for purposes of this section. 

12 (c) CONSIDERATION OF CERTAIN INFORMATION IN IM13 POSING SANCTIONS.—In determining whether to impose 

14 sanctions under subsection (a), the President shall con15 sider— 

16 (1) information provided by the chairperson and 

17 ranking member of each of the appropriate congres18 sional committees; and 

19 (2) credible information obtained by other coun20 tries and nongovernmental organizations that mon21 itor violations of human rights. 

22 (d) REQUESTS BY CHAIRPERSON AND RANKING MEM23 BER OF APPROPRIATE CONGRESSIONAL COMMITTEES.—Not 

24 later than 120 days after receiving a written request from 

25 the chairperson and ranking member of one of the approVerDate Mar 15 2010 22:53 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\S1933.RS S1933

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1 priate congressional committees with respect to whether a 

2 foreign person has engaged in an activity described in sub3 section (a), the President shall— 

4 (1) determine if that person has engaged in such 

5 an activity; and 

6 (2) submit a report to the chairperson and rank7 ing member of that committee with respect to that de8 termination that includes— 

9 (A) a statement of whether or not the Presi10 dent imposed or intends to impose sanctions 

11 with respect to the person; and 

12 (B) if the President imposed or intends to 

13 impose sanctions, a description of those sanc14 tions. 

15 (e) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

16 The President may waive the application of sanctions 

17 under this section with respect to a person if the Presi18 dent— 

19 (1) determines that such a waiver is in the na20 tional security interests of the United States; and 

21 (2) before granting the waiver, submits to the ap22 propriate congressional committees notice of, and a 

23 justification for, the waiver. 

24 (f) EXCEPTION TO COMPLY WITH UNITED NATIONS

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1 section (b)(1) shall not apply to an individual if admitting 

2 the individual into the United States is necessary to permit 

3 the United States to comply with the Agreement regarding 

4 the Headquarters of the United Nations, signed at Lake 

5 Success June 26, 1947, and entered into force November 21, 

6 1947, between the United Nations and the United States, 

7 or other applicable international obligations of the United 

8 States. 

9 (g) ENFORCEMENT OF BLOCKING OF PROPERTY.—A 

10 person that violates, attempts to violate, conspires to vio11 late, or causes a violation of subsection (b)(2) or any regula12 tion, license, or order issued to carry out subsection (b)(2) 

13 shall be subject to the penalties set forth in subsections (b) 

14 and (c) of section 206 of the International Emergency Eco15 nomic Powers Act (50 U.S.C. 1705) to the same extent as 

16 a person that commits an unlawful act described in sub17 section (a) of that section. 

18 (h) TERMINATION OF SANCTIONS.—The President may 

19 terminate the application of sanctions under this section 

20 with respect to a person if the President determines and 

21 reports to the appropriate congressional committees not 

22 later than 15 days before the termination of the sanctions 

23 that— 


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1 (1) credible information exists that the person 

2 did not engage in the activity for which sanctions 

3 were imposed; 

4 (2) the person has been prosecuted appropriately 

5 for the activity for which sanctions were imposed; or 

6 (3) the person has credibly demonstrated a sig7 nificant change in behavior, has paid an appropriate 

8 consequence for the activity for which sanctions were 

9 imposed, and has credibly committed to not engage in 

10 an activity described in subsection (a) in the future. 

11 (i) REGULATORY AUTHORITY.—The President shall 

12 issue such regulations, licenses, and orders as are necessary 

13 to carry out this section. 

14 SEC. 4. REPORTS TO CONGRESS. 

15 (a) IN GENERAL.—Not later than 120 days after the 

16 date of the enactment of this Act, and annually thereafter, 

17 the President shall submit to the appropriate congressional 

18 committees a report that includes— 

19 (1) a list of each foreign person with respect to 

20 which the President imposed sanctions pursuant to 

21 section 3 during the year preceding the submission of 

22 the report; 

23 (2) a description of the type of sanctions imposed 

24 with respect to each such person; 


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1 (3) the number of foreign persons with respect to 

2 which the President— 

3 (A) imposed sanctions under section 3(a) 

4 during that year; and 

5 (B) terminated sanctions under section 3(h) 

6 during that year; 

7 (4) the dates on which such sanctions were im8 posed or terminated, as the case may be; 

9 (5) the reasons for imposing or terminating such 

10 sanctions; and 

11 (6) a description of the efforts of the President to 

12 encourage the governments of other countries to im13 pose sanctions that are similar to the sanctions au14 thorized by section 3. 

15 (b) FORM OF REPORT.— 

16 (1) IN GENERAL.—The report required by sub17 section (a) shall be submitted in unclassified form, 

18 but may include a classified annex. 

19 (2) EXCEPTION.—The name of a foreign person 

20 to be included in the list required by subsection (a)(1) 

21 may be submitted in the classified annex authorized 

22 by paragraph (1) only if the President— 

23 (A) determines that it is vital for the na24 tional security interests of the United States to 

25 do so; 


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1 (B) uses the annex in a manner consistent 

2 with congressional intent and the purposes of 

3 this Act; and 

4 (C) not later than 15 days before submitting 

5 the name in a classified annex, provides to the 

6 appropriate congressional committees notice of, 

7 and a justification for, including the name in 

8 the classified annex despite any publicly avail9 able credible information indicating that the per10 son engaged in an activity described in section 

11 3(a). 

12 (c) PUBLIC AVAILABILITY.— 

13 (1) IN GENERAL.—The unclassified portion of 

14 the report required by subsection (a) shall be made 

15 available to the public, including through publication 

16 in the Federal Register. 

17 (2) NONAPPLICABILITY OF CONFIDENTIALITY RE18 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

19 President shall publish the list required by subsection 

20 (a)(1) without regard to the requirements of section 

21 222(f) of the Immigration and Nationality Act (8 

22 U.S.C. 1202(f)) with respect to confidentiality of 

23 records pertaining to the issuance or refusal of visas 

24 or permits to enter the United States. 


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Calendar No. 449 

113TH CONGRESS 

2D SESSION S. 1933 

[Report No. 113–203] 

A BILL 

To impose sanctions with respect to foreign persons 

recognized human rights, and for other purposes. responsible for gross violations of internationally 

JUNE 26, 2014 

Reported with an amendment 


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