I 

111TH CONGRESS 

2D SESSION H. R. 6365 

To make certain individuals ineligible for visas or admission to the United 

States and to revoke visas and other entry documents previously issued 

to such individuals, and to impose certain financial measures on such 

individuals, until the Russian Federation has thoroughly investigated 

the death of Sergei Leonidovich Magnitsky and brought the Russian 

criminal justice system into compliance with international legal standards, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. MCGOVERN (for himself, Mr. ISSA, and Mr. HASTINGS of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To make certain individuals ineligible for visas or admission 

to the United States and to revoke visas and other 

entry documents previously issued to such individuals, 

and to impose certain financial measures on such individuals, until the Russian Federation has thoroughly investigated the death of Sergei Leonidovich Magnitsky and 

brought the Russian criminal justice system into compliance with international legal standards, and for other 

purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Sergei 

5 Magnitsky Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) The United States supports the people of 

9 the Russian Federation in their efforts to realize 

10 their full economic potential and to advance democ11 racy, human rights, and the rule of law. 

12 (2) The Russian Federation is a member of the 

13 United Nations, the Organization for Security and 

14 Cooperation in Europe, and the International Mone15 tary Fund, has ratified the Convention against Tor16 ture and Other Cruel, Inhuman or Degrading Treat17 ment or Punishment, the International Covenant on 

18 Civil and Political Rights, the International Cov19 enant on Economic, Social and Cultural Rights, and 

20 the United Nations Convention against Corruption, 

21 and is bound by the legal obligations set forth in the 

22 European Convention of Human Rights. 

23 (3) States voluntarily commit themselves to re24 spect obligations and responsibilities through the 

25 adoption of international agreements and treaties, 


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1 which must be observed in good faith in order to 

2 maintain the stability of the international order. 

3 Human rights are an integral part of international 

4 law, and lie at the foundation of the international 

5 order. The protection of human rights, therefore, 

6 particularly in the case of a country that has in7 curred obligations to protect human rights under an 

8 international agreement to which it is a party, is not 

9 left exclusively to the internal affairs of that coun10 try. 

11 (4) Good governance and anti-corruption meas12 ures are instrumental in the protection of human 

13 rights and in achieving sustainable economic growth, 

14 which benefits both the people of the Russian Fed15 eration and the international community through the 

16 creation of open and transparent markets. 

17 (5) Systemic corruption erodes trust and con18 fidence in democratic institutions, the rule of law, 

19 and human rights protections; this is the case when 

20 public officials are allowed to abuse their authority 

21 with impunity for political or financial gains in collu22 sion with private entities. 

23 (6) The President of the Russian Federation, 

24 Dmitry Medvedev, has addressed corruption in many 

25 public speeches, including stating in his 2009 adVerDate Mar 15 2010 01:49 Oct 14, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6365.IH H6365

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1 dress to Russia’s Federal Assembly, ‘‘[Z]ero toler2 ance of corruption should become part of our na3 tional culture . . . In Russia we often say that there 

4 are few cases in which corrupt officials are pros5 ecuted . . . [S]imply incarcerating a few will not re6 solve the problem. But incarcerated they must be.’’. 

7 President Medvedev went on to say, ‘‘We shall over8 come underdevelopment and corruption because we 

9 are a strong and free people, and deserve a normal 

10 life in a modern, prosperous democratic society.’’. 

11 Furthermore, President Medvedev has acknowledged 

12 Russia’s disregard for the rule of law and used the 

13 term ‘‘legal nihilism’’ to describe a criminal justice 

14 system that continues to imprison innocent people. 

15 (7) The systematic abuse of Sergei Magnitsky, 

16 including his arbitrary detention and mistreatment 

17 in custody, by the same officers of the Russian Inte18 rior Ministry that Mr. Magnitsky had implicated in 

19 the embezzlement of funds from the Russian Treas20 ury, reflects how deeply the protection of human 

21 rights is affected by corruption. Sergei Leonidovich 

22 Magnitsky died on November 16, 2009, at the age 

23 of 37, in Matrosskaya Tishina Prison in Moscow, 

24 Russia, and is survived by a wife and two sons. 


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1 (8) There is extensive evidence that public offi2 cials from the Russian Interior Ministry, the Rus3 sian Federal Tax Authorities, the Russian General 

4 Prosecutor’s Office, the Russian Federal Security 

5 Service, as well as Russian regional courts and the 

6 prison system have abused their powers and posi7 tions to commit serious human rights violations, em8 bezzled funds from the Russian Treasury, and retali9 ated against whistleblowers. 

10 (9) The Public Oversight Commission for the 

11 Observance of Human Rights in Penitentiary Cen12 ters of the city of Moscow, an organization empow13 ered by Russian law to independently monitor prison 

14 conditions, concluded that ‘‘A man who is kept in 

15 custody and is being detained is not capable of using 

16 all the necessary means to protect either his life or 

17 his health. This is a responsibility of a state which 

18 holds him captive. Therefore, the case of Sergei 

19 Magnitsky can be described as a breach of the right 

20 to life. The members of the civic supervisory com21 mission have reached the conclusion that Magnitsky 

22 had been experiencing both psychological and phys23 ical pressure in custody, and the conditions in some 

24 of the wards of Butyrka can be justifiably called torVerDate Mar 15 2010 01:49 Oct 14, 2010 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6365.IH H6365

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1 turous. The people responsible for this must be pun2 ished.’’. 

3 SEC. 3. VISA LIMITATIONS ON CERTAIN PERSONS FROM 

4 THE RUSSIAN FEDERATION. 

5 (a) INELIGIBLE FOR VISAS.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), an alien is ineligible to receive a visa to 

8 enter the United States and ineligible to be admitted 

9 to the United States who the Secretary of State de10 termines to be— 

11 (A) an individual who engaged in any act 

12 that was instrumental in causing the death of 

13 Sergei Leonidovich Magnitsky; 

14 (B) an individual who conspired to defraud 

15 the Russian Federation of taxes on corporate 

16 profits because of fraudulent transactions and 

17 lawsuits against the foreign investment com18 pany known as Hermitage; or 

19 (C) the spouse, son, daughter, or parent of 

20 an alien described in subparagraph (A) or (B). 

21 (2) PERIOD IN WHICH DETERMINATIONS TO BE

22 MADE.—The Secretary of State shall make the de23 terminations described in paragraph (1) not later 

24 than the expiration of the 180-day period beginning 

25 on the date of the enactment of this Act. 


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1 (3) WAIVER FOR NATIONAL INTERESTS.—The 

2 Secretary of State may waive the application of 

3 paragraph (1) in the case of an alien if the Sec4 retary determines that such a waiver is in the na5 tional interests of the United States. Upon granting 

6 such a waiver, the Secretary of State shall provide 

7 to the Congress notice of, and justification for, the 

8 waiver. 

9 (4) TERMINATION.—The provisions of this sub10 section shall cease to be effective on the date that 

11 the Secretary of State transmits to the Congress a 

12 statement certifying that the Secretary has deter13 mined the following: 

14 (A) That the Government of the Russian 

15 Federation has conducted a thorough and im16 partial investigation into the arbitrary deten17 tion, systematic abuse, and resultant death in 

18 custody of Sergei Leonidovich Magnitsky, and 

19 that the individuals responsible have been 

20 brought to justice according to the laws of the 

21 Russian Federation and pursuant to the inter22 national legal obligations of the Russian Fed23 eration. 

24 (B) That the Government of the Russian 

25 Federation has taken significant steps to bring 


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1 the criminal justice system and penal system of 

2 the Russian Federation into compliance with 

3 applicable international legal standards. 

4 (C) That the Government of the United 

5 States is confident that the investigation de6 scribed in subparagraph (A) was properly con7 ducted, transparent, and free of political influ8 ence. 

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

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

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

12 the visa or other documentation of any alien who would 

13 be ineligible to receive such visa or documentation under 

14 subsection (a). 

15 (c) TERMINOLOGY.—Terms used in this section shall 

16 have the meanings given such terms in section 101(a) and 

17 (b) of the Immigration and Nationality Act (8 U.S.C. 

18 1101(a) and (b)). 

19 SEC. 4. FINANCIAL MEASURES. 

20 (a) SPECIAL MEASURES.—The Secretary of the 

21 Treasury shall instruct domestic financial institutions and 

22 domestic financial agencies to take 1 or more special 

23 measures described in section 5318A(b) of title 31, United 

24 States Code, if the Secretary of the Treasury makes a de25 termination, under section 5318A of such title, with reVerDate Mar 15 2010 01:49 Oct 14, 2010 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6365.IH H6365

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1 spect to money laundering relating to the conspiracy de2 scribed in section 3(a)(1)(B). 

3 (b) BLOCKING OF ASSETS.—The Secretary of the 

4 Treasury shall freeze and prohibit all transactions in all 

5 property and interests in property of an individual de6 scribed in section 3(a)(1), or of any person acting as an 

7 agent of or on behalf of such an individual, that are in 

8 the United States, that come within the United States, 

9 or that are or come within the possession or control of 

10 United States persons, including their overseas branches. 

11 (c) REGULATORY AUTHORITY.—The Secretary of the 

12 Treasury shall issue such regulations, licenses, and orders 

13 as are necessary to carry out this section. 

14 (d) ENFORCEMENT.—A person that violates, at15 tempts to violate, conspires to violate, or causes a violation 

16 of this section or any regulation, license, or order issued 

17 to carry out this section shall be subject to the penalties 

18 set forth in subsections (b) and (c) of section 206 of the 

19 International Emergency Economic Powers Act (50 

20 U.S.C. 1705) to the same extent as a person that commits 

21 an unlawful act described in subsection (a) of such section. 

22 (e) TERMINATION.—The provisions of this section 

23 shall cease to be effective on the date that the Secretary 

24 of the Treasury transmits to the Congress a statement 

25 certifying that the Secretary has determined the following: 


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1 (1) That the Government of the Russian Fed2 eration has conducted a thorough and impartial in3 vestigation into the conspiracy (described in section 

4 3(a)(1)(B)) to defraud the Russian Federation of 

5 taxes on corporate profits, and that the individuals 

6 responsible have been brought to justice according to 

7 the laws of the Russian Federation and pursuant to 

8 the international legal obligations of the Russian 

9 Federation. 

10 (2) That the Government of the Russian Fed11 eration— 

12 (A) has taken significant steps to bring the 

13 criminal justice system of the Russian Federa14 tion into compliance with applicable inter15 national financial and banking standards; and 

16 (B) has substantially strengthened statu17 tory protections for individuals who disclose evi18 dence of illegal government activities. 

19 (3) That the Government of the United States 

20 is confident that the investigation described in para21 graph (1) was properly conducted, transparent, and 

22 free of political influence. 

23 SEC. 5. REPORT TO CONGRESS. 

24 Not later than the 180th day after the date of the 

25 enactment of this Act, the Secretary of State and the SecVerDate Mar 15 2010 01:49 Oct 14, 2010 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6365.IH H6365

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1 retary of the Treasury shall submit to the Congress a re2 port on the actions taken to carry out this Act. 

3 SEC. 6. EFFECTIVE DATE. 

4 This Act shall take effect on the 90th day after the 

5 date of the enactment of this Act. 

6 SEC. 7. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Foreign Affairs and 

12 the Committee on Financial Services of the 

13 House of Representatives; and 

14 (B) the Committee on Foreign Relations 

15 and the Committee on Banking, Housing, and 

16 Urban Affairs of the Senate. 

17 (2) FINANCIAL INSTITUTION; DOMESTIC FINAN18 CIAL AGENCY; DOMESTIC FINANCIAL INSTITUTION.— 

19 The terms ‘‘financial institution’’, ‘‘domestic finan20 cial agency’’, and ‘‘domestic financial institution’’ 

21 have the meanings of those terms as used in section 

22 5318A of title 31, United States Code. 

23 (3) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ means any United States 

25 citizen, any alien lawfully admitted for permanent 


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1 residence to the United States, any entity organized 

2 under the laws of the United States or of any juris3 diction within the United States (including foreign 

4 branches), or any person in the United States. 

Æ 


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