HR 6156 PCS
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; 
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
(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.— 
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
(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-
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
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 
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
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))). 
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
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— 
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
(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-
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
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, 
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
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 
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
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 
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with
HR 6156 PCS
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-
VerDate Mar 15 2010 
22:54 Nov 26, 2012
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6156.PCS
H6156
tkelley on DSK3SPTVN1PROD with