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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Financial Services, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 individ-
uals, until the Russian Federation has thoroughly inves-
tigated the death of Sergei Leonidovich Magnitsky and 
brought the Russian criminal justice system into compli-
ance with international legal standards, and for other 
purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for Sergei 
Magnitsky Act of 2010’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) The United States supports the people of 
the Russian Federation in their efforts to realize 
their full economic potential and to advance democ-
racy, human rights, and the rule of law. 
(2) The Russian Federation is a member of the 
United Nations, the Organization for Security and 
Cooperation in Europe, and the International Mone-
tary Fund, has ratified the Convention against Tor-
ture and Other Cruel, Inhuman or Degrading Treat-
ment or Punishment, the International Covenant on 
Civil and Political Rights, the International Cov-
enant on Economic, Social and Cultural Rights, and 
the United Nations Convention against Corruption, 
and is bound by the legal obligations set forth in the 
European Convention of Human Rights. 
(3) States voluntarily commit themselves to re-
spect obligations and responsibilities through the 
adoption of international agreements and treaties, 
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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 President of the Russian Federation, 
Dmitry Medvedev, has addressed corruption in many 
public speeches, including stating in his 2009 ad-
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dress to Russia’s Federal Assembly, ‘‘[Z]ero toler-
ance of corruption should become part of our na-
tional culture . . . In Russia we often say that there 
are few cases in which corrupt officials are pros-
ecuted . . . [S]imply incarcerating a few will not re-
solve the problem. But incarcerated they must be.’’. 
President Medvedev went on to say, ‘‘We shall over-
come underdevelopment and corruption because we 
are a strong and free people, and deserve a normal 
life in a modern, prosperous democratic society.’’. 
Furthermore, President Medvedev has acknowledged 
Russia’s disregard for the rule of law and used the 
term ‘‘legal nihilism’’ to describe a criminal justice 
system that continues to imprison innocent people. 
(7) The systematic abuse of Sergei Magnitsky, 
including his arbitrary detention and mistreatment 
in custody, by the same officers of the Russian Inte-
rior Ministry that Mr. Magnitsky had implicated in 
the embezzlement of funds from the Russian Treas-
ury, reflects how deeply the protection of human 
rights is affected by corruption. 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 wife and two sons. 
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(8) There is extensive evidence that public offi-
cials from the Russian Interior Ministry, the Rus-
sian Federal Tax Authorities, the Russian General 
Prosecutor’s Office, the Russian Federal Security 
Service, as well as Russian regional courts and the 
prison system have abused their powers and posi-
tions to commit serious human rights violations, em-
bezzled funds from the Russian Treasury, and retali-
ated against whistleblowers. 
(9) The Public Oversight Commission for the 
Observance of Human Rights in Penitentiary Cen-
ters of the city of Moscow, an organization empow-
ered by Russian law to independently monitor prison 
conditions, concluded that ‘‘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 com-
mission have reached the conclusion that Magnitsky 
had been experiencing both psychological and phys-
ical pressure in custody, and the conditions in some 
of the wards of Butyrka can be justifiably called tor-
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turous. The people responsible for this must be pun-
ished.’’. 
SEC. 3. VISA LIMITATIONS ON CERTAIN PERSONS FROM 
THE RUSSIAN FEDERATION. 
(a) INELIGIBLE FOR VISAS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an alien is ineligible to receive a visa to 
enter the United States and ineligible to be admitted 
to the United States who the Secretary of State de-
termines to be— 
(A) an individual who engaged in any act 
that was instrumental in causing the death of 
Sergei Leonidovich Magnitsky; 
(B) an individual who conspired to defraud 
the Russian Federation of taxes on corporate 
profits because of fraudulent transactions and 
lawsuits against the foreign investment com-
pany known as Hermitage; or 
(C) the spouse, son, daughter, or parent of 
an alien described in subparagraph (A) or (B). 
(2) PERIOD IN WHICH DETERMINATIONS TO BE 
MADE.—The Secretary of State shall make the de-
terminations described in paragraph (1) not later 
than the expiration of the 180-day period beginning 
on the date of the enactment of this Act. 
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(3) WAIVER FOR NATIONAL INTERESTS.—The 
Secretary of State may waive the application of 
paragraph (1) in the case of an alien if the Sec-
retary determines that such a waiver is in the na-
tional interests of the United States. Upon granting 
such a waiver, the Secretary of State shall provide 
to the Congress notice of, and justification for, the 
waiver. 
(4) TERMINATION.—The provisions of this sub-
section shall cease to be effective on the date that 
the Secretary of State transmits to the Congress a 
statement certifying that the Secretary has deter-
mined the following: 
(A) That the Government of the Russian 
Federation has conducted a thorough and im-
partial investigation into the arbitrary deten-
tion, systematic abuse, and resultant death in 
custody of Sergei Leonidovich Magnitsky, and 
that the individuals responsible have been 
brought to justice according to the laws of the 
Russian Federation and pursuant to the inter-
national legal obligations of the Russian Fed-
eration. 
(B) That the Government of the Russian 
Federation has taken significant steps to bring 
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the criminal justice system and penal system of 
the Russian Federation into compliance with 
applicable international legal standards. 
(C) That the Government of the United 
States is confident that the investigation de-
scribed in subparagraph (A) was properly con-
ducted, transparent, and free of political influ-
ence. 
(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 visa or documentation under 
subsection (a). 
(c) TERMINOLOGY.—Terms used in this section shall 
have the meanings given such terms in section 101(a) and 
(b) of the Immigration and Nationality Act (8 U.S.C. 
1101(a) and (b)). 
SEC. 4. FINANCIAL MEASURES. 
(a) SPECIAL MEASURES.—The Secretary of the 
Treasury shall instruct domestic financial institutions and 
domestic financial agencies to take 1 or more special 
measures described in section 5318A(b) of title 31, United 
States Code, if the Secretary of the Treasury makes a de-
termination, under section 5318A of such title, with re-
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spect to money laundering relating to the conspiracy de-
scribed in section 3(a)(1)(B). 
(b) BLOCKING OF ASSETS.—The Secretary of the 
Treasury shall freeze and prohibit all transactions in all 
property and interests in property of an individual de-
scribed in section 3(a)(1), or of any person acting as an 
agent of or on behalf of such an individual, that are in 
the United States, that come within the United States, 
or that are or come within the possession or control of 
United States persons, including their overseas branches. 
(c) REGULATORY AUTHORITY.—The Secretary of the 
Treasury shall issue such regulations, licenses, and orders 
as are necessary to carry out this section. 
(d) ENFORCEMENT.—A person that violates, at-
tempts 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. 
(e) TERMINATION.—The provisions of this section 
shall cease to be effective on the date that the Secretary 
of the Treasury transmits to the Congress a statement 
certifying that the Secretary has determined the following: 
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