Russia and Moldova Jackson-Vanik Repeal and Magnitsky Rule of Law Accountability Act of 2012

Bill: 112-s-3406
Sponsor: Sen. Baucus, Max [D-MT]
Introduced: 2012-07-19 in the Senate
Policy area: Foreign Trade and International Finance
Subjects: Agricultural trade
Business ethics
Competitiveness, trade promotion, trade deficits
Computers and information technology
Congressional oversight
Corporate finance and management
Criminal investigation, prosecution, interrogation
Customs enforcement
Detention of persons
Europe
Food supply, safety, and labeling
Free trade and trade barriers
Government ethics and transparency, public corruption
Human rights
Intellectual property
International organizations and cooperation
Judicial procedure and administration
Lawyers and legal services
Moldova
Normal trade relations, most-favored-nation treatment
Oil and gas
Public contracts and procurement
Rule of law and government transparency
Russia
Sanctions
Tax administration and collection, taxpayers
Trade agreements and negotiations
Trade restrictions
U.S. and foreign investments
United Nations
Visas and passports

Summary:
action_date: 2012-07-19
text: 
Russia and Moldova Jackson-Vanik Repeal and Magnitsky Rule of Law Accountability Act of 2012 - Authorizes the President to: (1) determine that title IV (Jackson-Vanik Amendment) of the Trade Act of 1974 (denying nondiscriminatory treatment [normal trade relations treatment] to non-market countries that restrict freedom of emigration and other human rights) should no longer apply to the Russian Federation, and (2) extend permanent normal trade relations treatment to the products of the Russian Federation upon its accession to the World Trade Organization (WTO).
 
Directs the U.S. Trade Representative (USTR) to assess annually for Congress: (1) the extent to which the Russian Federation is implementing the WTO Agreement and certain related agreements, and (2) the progress made by the Russian Federation in acceding to and implementing the Ministerial Declaration on Trade in Information Technology Products of the WTO (Information Technology Agreement) and the Agreement on Government Procurement of the Uruguay Round Agreements Act. Requires the USTR also to include in the report a plan of action to encourage the Russian Federation to improve its implementation of, or increase its progress in acceding to, the agreement when appropriate.
 
Directs the USTR to report annually to Congress on enforcement actions taken by the USTR against the Russian Federation to ensure full compliance of its obligations as a WTO member.
 
Directs the USTR and the Secretary of State to report jointly and annually to Congress on measures they have taken and the results achieved in promoting the rule of law in the Russian Federation to support U.S. investment.
 
Directs the Secretary of Commerce to establish a phone hotline and secure website accessible both within and outside of the Russian Federation to allow U.S. entities to report instances of bribery and to request U.S. assistance with respect to corruption in the Russian Federation.
 
Amends the Trade Act of 1974 to direct the USTR to include in the annual National Trade Estimates report on barriers to access of foreign markets an identification and analysis of any laws, policies, or practices of the Russian Federation that deny fair and equitable market access to U.S. digital trade.
 
Requires the USTR to continue to pursue the reduction of barriers to trade imposed on U.S. exports by the Russian Federation.
 
Sergei Magnitsky Rule of Law Accountability Act of 2012 - Directs the Secretary of State to publish and update a list of each person the Secretary has reason to believe: (1) is responsible for, or benefitted financially from, the detention, abuse, or death of Sergei Magnitsky, participated in related liability concealment efforts, or was involved in the criminal conspiracy uncovered by Sergei Magnitsky; or (2) is responsible for extrajudicial killings, torture, or other human rights violations committed against individuals seeking to promote human rights or to expose illegal activity carried out by officials of the government of the Russian Federation. 
 
Makes an alien on such list ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. 
 
Authorizes the Secretary of State to waive such prohibition if it is in the U.S. national security interest or if it is necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Requires congressional notification of any such waiver.
 
Directs the Secretary of the Treasury to freeze and prohibit U.S. property transactions of an individual who is on the list if such property and property interests are in the United States, come within the United States, or are in or come within the control of a U.S. person or entity. Authorizes the Secretary to waive such actions if in the U.S. national security interest. Requires congressional notification of any such waiver. 
 
Authorizes the President to: (1) determine that the Jackson-Vanik Amendments should no longer apply to Moldova, and (2) extend permanent normal trade relations treatment to the products of Moldova.

action_date: 2012-07-19
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Russia and Moldova Jackson-Vanik Repeal and Magnitsky Rule of Law Accountability Act of 2012 - 
Title I: Permanent Normal Trade Relations for the Russian Federation 
- (Sec. 102) Authorizes the President to: (1) determine that title IV (Jackson-Vanik Amendment) of the Trade Act of 1974 (denying nondiscriminatory treatment [normal trade relations treatment] to non-market countries that restrict freedom of emigration and other human rights) should no longer apply to the Russian Federation, and (2) extend permanent normal trade relations treatment to the products of the Russian Federation upon its accession to the World Trade Organization (WTO).
 

Title II: Trade Enforcement Measures Relating to the Russian Federation - 
(Sec. 201) Directs the U.S. Trade Representative (USTR) to assess annually for Congress: (1) the extent to which the Russian Federation is implementing the WTO Agreement and certain related agreements, and (2) the progress made by the Russian Federation in acceding to and implementing the Ministerial Declaration on Trade in Information Technology Products of the WTO (Information Technology Agreement) and the Agreement on Government Procurement of the Uruguay Round Agreements Act. Requires the USTR also to include in the report a plan of action to encourage the Russian Federation to improve its implementation of, or increase its progress in acceding to, the agreement when appropriate.
 
Directs the USTR to report annually to Congress on enforcement actions taken by the USTR against the Russian Federation to ensure full compliance of its obligations as a WTO member.
 
(Sec. 202) Directs the USTR and the Secretary of State to report jointly and annually to Congress on measures they have taken and the results achieved in promoting the rule of law in the Russian Federation to support U.S. investment.
 
Directs the Secretary of Commerce to establish a phone hotline and secure website accessible both within and outside of the Russian Federation to allow U.S. entities to report instances of bribery and to request U.S. assistance with respect to corruption in the Russian Federation. Requires the Secretary to report annually to Congress on such bribery and corruption. 
 
(Sec. 203) Amends the Trade Act of 1974 to direct the USTR to include in the annual National Trade Estimates report on barriers to access of foreign markets an identification and analysis of any laws, policies, or practices of the Russian Federation that deny fair and equitable market access to U.S. digital trade.
 
(Sec. 204) Requires the USTR to continue to pursue the reduction of barriers to trade imposed on U.S. exports by the Russian Federation through efforts to: (1) negotiate a bilateral agreement under which the Russian Federation accepts U.S. sanitary and phytosanitary measures as equivalent to their measures, and (2) obtain the adoption by the Russian Federation of an action plan for providing greater protections for intellectual property rights than those required by the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreement Act. 
 

Title III: Sanctions with Respect to Persons Responsible for Gross Violations of Human Rights - 
Sergei Magnitsky Rule of Law Accountability Act of 2012 - (Sec. 304) Directs the Secretary of State to publish and update a list of each person who the Secretary determines: (1) is responsible for, or benefitted financially from, the detention, abuse, or death of Sergei Magnitsky, participated in related liability concealment efforts, or was involved in the criminal conspiracy uncovered by Sergei Magnitsky; or (2) is responsible for extrajudicial killings, torture, or other human rights violations committed against individuals seeking to promote human rights or to expose illegal activity carried out by officials of the government of the Russian Federation. 
 
(Sec. 305) Makes an alien on such list ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. 
 
Authorizes the Secretary of State to waive such prohibition if it is in the U.S. national security interest or if it is necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Requires congressional notification of any such waiver.
 
(Sec. 306) Directs the Secretary of the Treasury to freeze and prohibit U.S. property transactions of an individual who is on the list if such property and property interests are in the United States, come within the United States, or are in or come within the control of a U.S. person or entity. Authorizes the Secretary of the Treasury to waive such actions if in the U.S. national security interest. Requires congressional notification of any such waiver. 
 
(Sec. 307) Directs the Secretary of State and the Secretary of the Treasury to report annually to Congress regarding actions taken pursuant to this Act. 
 

Title IV: Permanent Normal Trade Relations for Moldova - 
(Sec. 402) Authorizes the President to: (1) determine that the Jackson-Vanik Amendments should no longer apply to Moldova, and (2) extend permanent normal trade relations treatment to the products of Moldova.


Legislative actions:
action_date: 2012-09-20
text: By Senator Baucus from Committee on Finance filed written report. Report No. 112-226. Additional views filed.
action_date: 2012-09-20
text: By Senator Baucus from Committee on Finance filed written report. Report No. 112-226. Additional views filed.
action_date: 2012-07-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 461.
action_date: 2012-07-19
text: Committee on Finance. Original measure reported to Senate by Senator Baucus. Without written report.
action_date: 2012-07-19
text: Committee on Finance. Original measure reported to Senate by Senator Baucus. Without written report.
action_date: 2012-07-19
text: Introduced in Senate