HR 6156 PCS
ganization empowered by Russian law to independ-
ently monitor prison conditions, concluded on De-
cember 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 ex-
periencing 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 par-
ticularly illustrative of the negative effects of official 
corruption on the rights of an individual citizen, ap-
pears to be emblematic of a broader pattern of dis-
regard for the numerous domestic and international 
human rights commitments of the Russian Federa-
tion 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 
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concerns about the right to a fair trial and the inde-
pendence of the judiciary in the Russian Federation. 
The lack of credible charges, intimidation of wit-
nesses, violations of due process and procedural 
norms, falsification or withholding of documents, de-
nial of attorney-client privilege, and illegal detention 
in the Yukos case are highly troubling. The Council 
of Europe, Freedom House, and Amnesty Inter-
national, among others, have concluded that they 
were charged and imprisoned in a process that did 
not follow the rule of law and was politically influ-
enced. Furthermore, senior officials of the Govern-
ment of the Russian Federation, including First 
Deputy Prime Minister Igor Shuvalov, have acknowl-
edged that the arrest and imprisonment of 
Khodorkovsky were politically motivated. 
(14) According to Freedom House’s 2011 re-
port entitled ‘‘The Perpetual Battle: Corruption in 
the Former Soviet Union and the New EU Mem-
bers’’, ‘‘[t]he highly publicized cases of Sergei 
Magnitsky, a 37-year-old lawyer who died in pretrial 
detention in November 2009 after exposing a multi-
million-dollar fraud against the Russian taxpayer, 
and Mikhail Khodorkovsky, the jailed business mag-
nate and regime critic who was sentenced at the end 
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of 2010 to remain in prison through 2017, put an 
international spotlight on the Russian state’s con-
tempt for the rule of law. . . . By silencing influen-
tial and accomplished figures such as Khodorkovsky 
and Magnitsky, the Russian authorities have made 
it abundantly clear that anyone in Russia can be si-
lenced.’’. 
(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 disappear-
ances 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, in-
cluding Chechen leader Ramzan Kadyrov, or of seek-
ing to obtain, exercise, defend, or promote inter-
nationally recognized human rights and freedoms. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should continue to strongly 
support, and provide assistance to, the efforts of the Rus-
sian people to establish a vibrant democratic political sys-
tem that respects individual liberties and human rights, 
including by enhancing the provision of objective informa-
tion 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 im-
posed on civil society and independent media, and the de-
terioration 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
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Financial Services, the Com-
mittee on Foreign Affairs, the Committee on 
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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 Gov-
ernmental Affairs, and the Committee on the 
Judiciary of the Senate. 
(3) FINANCIAL
INSTITUTION.—The term ‘‘fi-
nancial 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 law-
fully 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. 
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SEC. 404. IDENTIFICATION OF PERSONS RESPONSIBLE FOR 
THE DETENTION, ABUSE, AND DEATH OF 
SERGEI MAGNITSKY AND OTHER GROSS VIO-
LATIONS OF HUMAN RIGHTS. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the President shall sub-
mit to the appropriate congressional committees a list of 
each person who the President determines, based on cred-
ible 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 Sergei 
Magnitsky, or was involved in the criminal con-
spiracy uncovered by Sergei Magnitsky; 
(2) is responsible for extrajudicial killings, tor-
ture, or other gross violations of internationally rec-
ognized human rights committed against individuals 
seeking— 
(A) to expose illegal activity carried out by 
officials of the Government of the Russian Fed-
eration; or 
(B) to obtain, exercise, defend, or promote 
internationally recognized human rights and 
freedoms, such as the freedoms of religion, ex-
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pression, 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 per-
son in a matter relating to an activity described in 
paragraph (1) or (2). 
(b) UPDATES.—The President shall submit to the ap-
propriate 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 sub-
section (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 Presi-
dent— 
(A) determines that it is vital for the na-
tional security interests of the United States to 
do so; 
(B) uses the annex in such a manner con-
sistent with congressional intent and the pur-
poses of this Act; and 
(C) 15 days prior to submitting the name 
in a classified annex, provides to the appro-
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priate congressional committees notice of, and a 
justification for, including or continuing to in-
clude each person in the classified annex despite 
any publicly available credible information indi-
cating that the person engaged in an activity 
described in paragraph (1), (2), or (3) of sub-
section (a). 
(3) CONSIDERATION
OF
DATA
FROM
OTHER 
COUNTRIES
AND
NONGOVERNMENTAL
ORGANIZA-
TIONS.—In preparing the list required by subsection 
(a), the President shall consider information pro-
vided by the chairperson and ranking member of 
each of the appropriate congressional committees 
and credible data obtained by other countries and 
nongovernmental organizations, including organiza-
tions inside Russia, that monitor the human rights 
abuses of the Government of the Russian Federa-
tion. 
(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 re-
moved from the list required by subsection (a) if the Presi-
dent determines and reports to the appropriate congres-
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sional committees not less than 15 days prior to the re-
moval 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 appro-
priately for the activity in which the person engaged; 
or 
(3) the person has credibly demonstrated a sig-
nificant 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 COMMIT-
TEES.— 
(1) IN
GENERAL.—Not later than 120 days 
after receiving a written request from the chair-
person and ranking member of one of the appro-
priate 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 rank-
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ing member of the committee which made the re-
quest with respect to the status of the person. 
(2) FORM.—The President may submit a re-
sponse 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 chair-
person and ranking member of one of the appro-
priate congressional committees, the President shall 
provide the chairperson and ranking member with 
any information that contributed to the removal de-
cision. 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 RE-
QUIREMENT 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 
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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 be-
tween the United Nations and the United 
States of America regarding the Head-
quarters of the United Nations, signed 
June 26, 1947, and entered into force No-
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vember 21, 1947, or other applicable inter-
national obligations of the United States; 
or 
(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 congres-
sional committees notice of, and a justification 
for, the waiver. 
(2) TIMING FOR CERTAIN WAIVERS.—Notifica-
tion 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.) (ex-
cept that the requirements of section 202 of such 
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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 secu-
rity 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 con-
gressional committees notice of, and a justification for, the 
waiver. 
(c) ENFORCEMENT.— 
(1) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of this section or any regulation, license, or 
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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 Eco-
nomic Powers Act (50 U.S.C. 1705) to the same ex-
tent as a person that commits an unlawful act de-
scribed in subsection (a) of such section. 
(2) REQUIREMENTS FOR FINANCIAL INSTITU-
TIONS.—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 fro-
zen all 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. 
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SEC. 407. REPORT TO CONGRESS. 
Not later than one year after the date of the enact-
ment 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, in-
cluding— 
(A) the number of persons added to or re-
moved from the list required by section 404(a) 
during the year preceding the report, the dates 
on which such persons have been added or re-
moved, 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 sanc-
tions that are similar to the sanctions imposed under 
this title. 
Passed the House of Representatives November 16, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 552 
112TH CONGRESS 
2D SESSION 
H. R. 6156 
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. 
NOVEMBER 26, 2012 
Received; read twice and placed on the calendar 
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