Be it enacted by the Senate and House of Representa-
tives 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. 
TITLE I—PERMANENT NORMAL TRADE RELATIONS FOR THE 
RUSSIAN FEDERATION 
Sec. 101. Findings. 
Sec. 102. Termination of application of title IV of the Trade Act of 1974 to 
products of the Russian Federation. 
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 enforce-
ment 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 Federa-
tion. 
TITLE III—PERMANENT NORMAL TRADE RELATIONS FOR 
MOLDOVA 
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. 
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 nor-
mal trade relations treatment since concluding a bi-
lateral 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 EXTEN-
SION
OF NONDISCRIMINATORY TREATMENT.—Notwith-
standing 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 para-
graph (1) with respect to the Russian Federation, 
proclaim the extension of nondiscriminatory treat-
ment (normal trade relations treatment) to the prod-
ucts of the Russian Federation. 
(b) EFFECTIVE
DATE
OF
NONDISCRIMINATORY 
TREATMENT.—The extension of nondiscriminatory treat-
ment to the products of the Russian Federation pursuant 
to subsection (a) shall be effective not sooner than the ef-
fective 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.
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 Fed-
eration is implementing the WTO Agreement 
(as defined in section 2 of the Uruguay Round 
Agreements Act (19 U.S.C. 3501)) and the fol-
lowing 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 (re-
ferred to in section 101(d)(15) of the Uru-
guay 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 (com-
monly 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 Agree-
ments Act (19 U.S.C. 3511(d)(17))). 
(2) PLAN FOR ACTION BY TRADE REPRESENTA-
TIVE.—
(A) IN GENERAL.—If, in preparing a re-
port required by paragraph (1), the Trade Rep-
resentative believes that the Russian Federation 
is not fully implementing an agreement speci-
fied in subparagraph (A) or (B) of that para-
graph 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 agree-
ment, as the case may be. 
(B) CLASSIFIED INFORMATION.—If any in-
formation regarding a planned action referred 
to in subparagraph (A) is classifiable under Ex-
ecutive Order 13526 (75 Fed. Reg. 707; relat-
ing 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 clas-
sified annex to the report required by para-
graph (1); or 
(ii) consulting with the Committee on 
Finance and the Committee on Ways and 
Means with respect to the information in-
stead of including the information in the 
report or a classified annex to the report. 
(3) PUBLIC COMMENTS.— 
(A) IN GENERAL.—In developing the re-
port required by paragraph (1), the Trade Rep-
resentative shall provide an opportunity for the 
public to comment, including by holding a pub-
lic hearing. 
(B) PUBLICATION
IN
FEDERAL
REG-
ISTER.—The Trade Representative shall publish 
notice of the opportunity to comment and hear-
ing required by subparagraph (A) in the Fed-
eral 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
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 Federa-
tion, including through the negotiation of a new 
bilateral investment treaty; 
(B) advocating for United States investors 
in the Russian Federation, including by pro-
moting the claims of United States investors in 
Yukos Oil Company; 
(C) encouraging all countries that are par-
ties to the Convention on Combating Bribery of 
Foreign Public Officials in International Busi-
ness Transactions of the Organisation for Eco-
nomic 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 im-
plement their commitments under the Conven-
tion 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 organiza-
tions to monitor, investigate, and report on sus-
pected instances of corruption; and 
(2) that discloses the status of any pending pe-
tition 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 hot-
line 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, at-
tempted bribery, or other forms of corruption in 
the Russian Federation that impact or poten-
tially impact their operations; and 
(B) to request the assistance of the United 
States with respect to issues relating to corrup-
tion 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 in-
stances are alleged to have occurred. 
(iii) A summary of actions taken by 
the United States to provide assistance to 
United States entities pursuant to para-
graph (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 busi-
ness in the Russian Federation of the 
availability of assistance through the hot-
line and website. 
(B) 
CONFIDENTIALITY.—The 
Secretary 
shall not include in the report required by sub-
paragraph (A) the identity of a United States 
entity that reports instances of bribery, at-
tempted 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 DIS-
CRIMINATE AGAINST UNITED STATES DIG-
ITAL TRADE. 
Section 181(a) of the Trade Act of 1974 (19 U.S.C. 
2241(a)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) INCLUSION OF CERTAIN DISCRIMINATORY 
LAWS, POLICIES, AND PRACTICES OF THE RUSSIAN 
FEDERATION.—For calender year 2012 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 IM-
POSED BY THE RUSSIAN FEDERATION. 
The United States Trade Representative shall con-
tinue 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 ef-
forts— 
(1) to negotiate a bilateral agreement under 
which the Russian Federation will accept the sani-
tary 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 Fed-
eration of an action plan for providing greater pro-
tections for intellectual property rights than the pro-
tections required by the Agreement on Trade-Re-
lated Aspects of Intellectual Property Rights (re-
ferred 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 op-
portunity to emigrate, free of any heavy tax on emi-
gration 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 com-
pliance 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 Orga-
nization on July 26, 2001. 
SEC. 302. TERMINATION OF APPLICATION OF TITLE IV OF 
THE TRADE ACT OF 1974 TO PRODUCTS OF 
MOLDOVA. 
(a) PRESIDENTIAL DETERMINATIONS AND EXTEN-
SION
OF NONDISCRIMINATORY TREATMENT.—Notwith-
standing 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 para-
graph (1) with respect to Moldova, proclaim the ex-
tension 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 ex-
tends 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 
ACCOUNT-
ABILITY 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 Federa-
tion in their efforts to realize their full economic po-
tential 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 Degrad-
ing 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 re-
spect 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 in-
curred 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 coun-
try. 
(4) Good governance and anti-corruption meas-
ures are instrumental in the protection of human 
rights and in achieving sustainable economic growth, 
which benefits both the people of the Russian Fed-
eration and the international community through the 
creation of open and transparent markets. 
(5) Systemic corruption erodes trust and con-
fidence 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 collu-
sion 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 No-
vember 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 an-
nounced 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 ac-
cess 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 ob-
taining 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 ac-
counts 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 Rus-
sian 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, re-
flects how deeply the protection of human rights is 
affected by corruption. 
(10) The politically motivated nature of the per-
secution of Mr. Magnitsky is demonstrated by— 
(A) the denial by all state bodies of the 
Russian Federation of any justice or legal rem-
edies to Mr. Magnitsky during the nearly 12 
full months he was kept without trial in deten-
tion; and 
(B) the impunity since his death of state 
officials he testified against for their involve-
ment 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 or-
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
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
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.
(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
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.
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-
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-