Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012
PL 112-208 (H.R.6156), enacted 12/14/2012

126 STAT. 1496 
PUBLIC LAW 112–208—DEC. 14, 2012 
Public Law 112–208 
112th Congress 
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. 
Be it enacted by the Senate and House of Representatives 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. 
Sec. 101. Findings. 
Sec. 102. Termination of application of title IV of the Trade Act of 1974 to products 
of 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. 
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 Federation. 
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. 
19 USC 2101 
note. 
Russia and 
Moldova 
Jackson-Vanik 
Repeal and 
Sergei Magnitsky 
Rule of Law 
Accountability 
Act of 2012. 
Dec. 14, 2012 
[H.R. 6156] 
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126 STAT. 1497 
PUBLIC LAW 112–208—DEC. 14, 2012 
TITLE I—PERMANENT NORMAL TRADE 
RELATIONS FOR THE RUSSIAN FED-
ERATION 
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 emigra-
tion 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 normal trade rela-
tions treatment since concluding a bilateral 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 EXTENSION OF NON-
DISCRIMINATORY TREATMENT.—Notwithstanding 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 paragraph (1) with 
respect to the Russian Federation, proclaim the extension of 
nondiscriminatory treatment (normal trade relations treatment) 
to the products of the Russian Federation. 
(b) EFFECTIVE DATE OF NONDISCRIMINATORY TREATMENT.—The 
extension of nondiscriminatory treatment to the products of the 
Russian Federation pursuant to subsection (a) shall be effective 
not sooner than the effective 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 non-
discriminatory 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. 
19 USC 2434 
note. 
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126 STAT. 1498 
PUBLIC LAW 112–208—DEC. 14, 2012 
TITLE II—TRADE ENFORCEMENT MEAS-
URES RELATING TO THE RUSSIAN 
FEDERATION 
SEC. 201. REPORTS ON IMPLEMENTATION BY THE RUSSIAN FEDERA-
TION 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 Representa-
tives a report assessing the following: 
(A) The extent to which the Russian Federation is 
implementing the WTO Agreement (as defined in section 
2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)) 
and the following 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 (referred to in section 
101(d)(15) of the Uruguay 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 (commonly referred to as the ‘‘Information Tech-
nology Agreement’’) (or a successor agreement). 
(ii) The Agreement on Government Procurement 
(referred to in section 101(d)(17) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(17))). 
(2) PLAN FOR ACTION BY TRADE REPRESENTATIVE.— 
(A) IN GENERAL.—If, in preparing a report required 
by paragraph (1), the Trade Representative believes that 
the Russian Federation is not fully implementing an agree-
ment specified in subparagraph (A) or (B) of that paragraph 
or that the Russian Federation is not making adequate 
progress in acceding to an agreement specified in subpara-
graph (B) of that paragraph, the Trade Representative 
shall, except as provided in subparagraph (B) of this para-
graph, 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 information 
regarding a planned action referred to in subparagraph 
19 USC 2434 
note. 
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126 STAT. 1499 
PUBLIC LAW 112–208—DEC. 14, 2012 
(A) is classifiable under Executive Order No. 13526 (75 
Fed. Reg. 707; relating to classified national security 
information) or a subsequent Executive order, the Trade 
Representative shall report that information to the Com-
mittee on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives by— 
(i) including the information in a classified annex 
to the report required by paragraph (1); or 
(ii) consulting with the Committee on Finance and 
the Committee on Ways and Means with respect to 
the information instead of including the information 
in the report or a classified annex to the report. 
(3) PUBLIC COMMENTS.— 
(A) IN GENERAL.—In developing the report required 
by paragraph (1), the Trade Representative shall provide 
an opportunity for the public to comment, including by 
holding a public hearing. 
(B) PUBLICATION
IN
FEDERAL
REGISTER.—The Trade 
Representative shall publish notice of the opportunity to 
comment and hearing required by subparagraph (A) in 
the Federal Register. 
(b) REPORT ON ENFORCEMENT ACTIONS TAKEN BY TRADE REP-
RESENTATIVE.—Not later than 180 days after the effective date 
under section 102(b) of the extension of nondiscriminatory treat-
ment 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 
describing the enforcement actions taken by the Trade Representa-
tive against the Russian Federation to ensure the full compliance 
of the Russian Federation with its obligations as a member of 
the World Trade Organization, including obligations under agree-
ments with members of the Working Party on the accession of 
the Russian Federation to the World Trade Organization. 
SEC. 202. PROMOTION OF THE RULE OF LAW IN THE RUSSIAN FEDERA-
TION TO SUPPORT UNITED STATES TRADE AND INVEST-
MENT. 
(a) REPORTS ON PROMOTION OF RULE OF LAW.—Not later than 
one year after the effective date under section 102(b) of the exten-
sion of nondiscriminatory treatment to the products of the Russian 
Federation, and annually thereafter, the United States Trade Rep-
resentative and the Secretary of State shall jointly submit to the 
Committee on Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives a report— 
(1) on the measures taken by the Trade Representative 
and the Secretary and the results achieved during the year 
preceding the submission of the report with respect to pro-
moting the rule of law in the Russian Federation, including 
with respect to— 
(A) strengthening formal protections for United States 
investors in the Russian Federation, including through the 
negotiation of a new bilateral investment treaty; 
(B) advocating for United States investors in the Rus-
sian Federation, including by promoting the claims of 
United States investors in Yukos Oil Company; 
Notice. 
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126 STAT. 1500 
PUBLIC LAW 112–208—DEC. 14, 2012 
(C) encouraging all countries that are parties to the 
Convention on Combating Bribery of Foreign Public Offi-
cials in International Business Transactions of the 
Organisation for Economic 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 implement their commitments 
under the Convention to prevent overseas business bribery 
by the nationals of those countries; 
(D) promoting a customs administration, tax adminis-
tration, 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 organizations to monitor, investigate, and 
report on suspected instances of corruption; and 
(2) that discloses the status of any pending petition 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 estab-
lish and maintain a dedicated phone hotline 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, attempted bribery, 
or other forms of corruption in the Russian Federation 
that impact or potentially impact their operations; and 
(B) to request the assistance of the United States with 
respect to issues relating to corruption 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 non-
discriminatory treatment to the products of the Russian 
Federation, and annually thereafter, the Secretary of Com-
merce 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 fol-
lowing: 
(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 instances are alleged to 
have occurred. 
(iii) A summary of actions taken by the United 
States to provide assistance to United States entities 
pursuant to paragraph (1)(B). 
(iv) A description of the efforts taken by the Sec-
retary to inform United States entities conducting busi-
ness in the Russian Federation or considering con-
ducting business in the Russian Federation of the 
availability of assistance through the hotline and 
website. 
(B) CONFIDENTIALITY.—The Secretary shall not include 
in the report required by subparagraph (A) the identity 
Communications 
and tele- 
communications. 
Web site. 
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126 STAT. 1501 
PUBLIC LAW 112–208—DEC. 14, 2012 
of a United States entity that reports instances of bribery, 
attempted bribery, or other forms of corruption in the Rus-
sian Federation or requests assistance pursuant to para-
graph (1). 
SEC. 203. REPORTS ON LAWS, POLICIES, AND PRACTICES OF THE RUS-
SIAN FEDERATION THAT DISCRIMINATE AGAINST UNITED 
STATES DIGITAL TRADE. 
Section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241(a)) 
is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) INCLUSION OF CERTAIN DISCRIMINATORY LAWS, POLICIES, 
AND PRACTICES OF THE RUSSIAN FEDERATION.—For calender year 
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 prac-
tices of the Russian Federation that deny fair and equitable 
market access to United States digital trade.’’. 
SEC. 204. EFFORTS TO REDUCE BARRIERS TO TRADE IMPOSED BY 
THE RUSSIAN FEDERATION. 
The United States Trade Representative shall continue to 
pursue the reduction of barriers to trade imposed by the Russian 
Federation on articles exported from the United States to the Rus-
sian Federation through efforts— 
(1) to negotiate a bilateral agreement under which the 
Russian Federation will accept the sanitary 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 Federation of 
an action plan for providing greater protections for intellectual 
property rights than the protections required by the Agreement 
on Trade-Related Aspects of Intellectual Property Rights 
(referred to in section 101(d)(15) of the Uruguay Round Agree-
ments 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 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) Moldova 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 1997. 
(3) Moldova acceded to the World Trade Organization on 
July 26, 2001. 
19 USC 2434 
note. 
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126 STAT. 1502 
PUBLIC LAW 112–208—DEC. 14, 2012 
SEC. 302. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE 
ACT OF 1974 TO PRODUCTS OF MOLDOVA. 
(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF NON-
DISCRIMINATORY TREATMENT.—Notwithstanding 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 paragraph (1) with 
respect to Moldova, proclaim the extension 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 extends nondiscriminatory treat-
ment 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 ACCOUNTABILITY 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 Federation in their efforts to realize their full 
economic potential and to advance democracy, human rights, 
and the rule of law. 
(2) The Russian Federation— 
(A) is a member of the United Nations, the Organiza-
tion 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 Degrading Treatment or Punish-
ment, the International Covenant on Civil and Political 
Rights, and the United Nations Convention against Corrup-
tion; and 
(C) is bound by the legal obligations set forth in the 
European Convention on Human Rights. 
(3) States voluntarily commit themselves to respect obliga-
tions 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 incurred 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 country. 
(4) Good governance and anti-corruption measures are 
instrumental in the protection of human rights and in achieving 
Sergei Magnitsky 
Rule of Law 
Accountability 
Act of 2012. 
22 USC 5811 
note. 
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126 STAT. 1503 
PUBLIC LAW 112–208—DEC. 14, 2012 
sustainable economic growth, which benefits both the people 
of the Russian Federation and the international community 
through the creation of open and transparent markets. 
(5) Systemic corruption erodes trust and confidence 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 collusion 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 November 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 announced 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 access to justice by the 
courts and prosecutors of the Russian Federation; he was inves-
tigated by the same law enforcement officers whom he had 
accused of stealing Hermitage Fund companies and illegally 
obtaining 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 delib-
erately 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 accounts 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 Russian 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, reflects how 
deeply the protection of human rights is affected by corruption. 
(10) The politically motivated nature of the persecution 
of Mr. Magnitsky is demonstrated by— 
(A) the denial by all state bodies of the Russian Federa-
tion of any justice or legal remedies to Mr. Magnitsky 
during the nearly 12 full months he was kept without 
trial in detention; and 
(B) the impunity since his death of state officials he 
testified against for their involvement 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 organization empowered by 
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126 STAT. 1504 
PUBLIC LAW 112–208—DEC. 14, 2012 
Russian law to independently monitor prison conditions, con-
cluded on December 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 responsi-
bility 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 experiencing 
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 pun-
ished.’’. 
(12) Sergei Magnitsky’s experience, while particularly illus-
trative of the negative effects of official corruption on the rights 
of an individual citizen, appears to be emblematic of a broader 
pattern of disregard for the numerous domestic and inter-
national human rights commitments of the Russian Federation 
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 independence of the judiciary in the Russian Federation. 
The lack of credible charges, intimidation of witnesses, viola-
tions of due process and procedural norms, falsification or with-
holding of documents, denial of attorney-client privilege, and 
illegal detention in the Yukos case are highly troubling. The 
Council of Europe, Freedom House, and Amnesty International, 
among others, have concluded that they were charged and 
imprisoned in a process that did not follow the rule of law 
and was politically influenced. Furthermore, senior officials 
of the Government of the Russian Federation, including First 
Deputy Prime Minister Igor Shuvalov, have acknowledged that 
the arrest and imprisonment of Khodorkovsky were politically 
motivated. 
(14) According to Freedom House’s 2011 report entitled 
‘‘The Perpetual Battle: Corruption in the Former Soviet Union 
and the New EU Members’’, ‘‘[t]he highly publicized cases of 
Sergei Magnitsky, a 37-year-old lawyer who died in pretrial 
detention in November 2009 after exposing a multimillion- 
dollar fraud against the Russian taxpayer, and Mikhail 
Khodorkovsky, the jailed business magnate 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 contempt for the rule of law * * *. By silencing influential 
and accomplished figures such as Khodorkovsky and Magnitsky, 
the Russian authorities have made it abundantly clear that 
anyone in Russia can be silenced.’’. 
(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 
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126 STAT. 1505 
PUBLIC LAW 112–208—DEC. 14, 2012 
imprisonment of Mikhail Khodorkovsky, Alexei Kozlov, Platon 
Lebedev, and Fyodor Mikheev further illustrate the grave 
danger of exposing the wrongdoing of officials of the Govern-
ment of the Russian Federation, including Chechen leader 
Ramzan Kadyrov, or of seeking to obtain, exercise, defend, 
or promote internationally recognized human rights and free-
doms. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States should continue to strongly support, and provide 
assistance to, the efforts of the Russian people to establish a vibrant 
democratic political system that respects individual liberties and 
human rights, including by enhancing the provision of objective 
information 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 imposed on civil 
society and independent media, and the deterioration 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 COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Armed Services, the Committee 
on Financial Services, the Committee 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 Governmental Affairs, and the Committee on the 
Judiciary of the Senate. 
(3) FINANCIAL INSTITUTION.—The term ‘‘financial institu-
tion’’ has the meaning given that term in section 5312 of 
title 31, United States Code. 
(4) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ means— 
(A) a United States citizen or an alien lawfully 
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 VIOLATIONS OF HUMAN RIGHTS. 
(a) IN GENERAL.—Not later than 120 days after the date of 
the enactment of this Act, the President shall submit to the appro-
priate congressional committees a list of each person who the Presi-
dent determines, based on credible 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 
List. 
Deadlines. 
President. 
Determinations. 
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126 STAT. 1506 
PUBLIC LAW 112–208—DEC. 14, 2012 
Sergei Magnitsky, or was involved in the criminal conspiracy 
uncovered by Sergei Magnitsky; 
(2) is responsible for extrajudicial killings, torture, or other 
gross violations of internationally recognized human rights com-
mitted against individuals seeking— 
(A) to expose illegal activity carried out by officials 
of the Government of the Russian Federation; or 
(B) to obtain, exercise, defend, or promote internation-
ally recognized human rights and freedoms, such as the 
freedoms of religion, expression, 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 person in a 
matter relating to an activity described in paragraph (1) or 
(2). 
(b) UPDATES.—The President shall submit to the appropriate 
congressional committees an update of the list required by sub-
section (a) as new information becomes available. 
(c) FORM.— 
(1) IN GENERAL.—The list required by subsection (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 President— 
(A) determines that it is vital for the national security 
interests of the United States to do so; 
(B) uses the annex in such a manner consistent with 
congressional intent and the purposes of this Act; and 
(C) 15 days prior to submitting the name in a classified 
annex, provides to the appropriate congressional commit-
tees notice of, and a justification for, including or continuing 
to include each person in the classified annex despite any 
publicly available credible information indicating that the 
person engaged in an activity described in paragraph (1), 
(2), or (3) of subsection (a). 
(3) CONSIDERATION OF DATA FROM OTHER COUNTRIES AND 
NONGOVERNMENTAL
ORGANIZATIONS.—In preparing the list 
required by subsection (a), the President shall consider informa-
tion provided by the chairperson and ranking member of each 
of the appropriate congressional committees and credible data 
obtained by other countries and nongovernmental organiza-
tions, including organizations 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 removed from the 
list required by subsection (a) if the President determines and 
reports to the appropriate congressional committees not less than 
15 days prior to the removal 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 appropriately for the 
activity in which the person engaged; or 
Federal Register, 
publication. 
Notice. 
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126 STAT. 1507 
PUBLIC LAW 112–208—DEC. 14, 2012 
(3) the person has credibly demonstrated a significant 
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 COMMITTEES.— 
(1) IN GENERAL.—Not later than 120 days after receiving 
a written request from the chairperson and ranking member 
of one of the appropriate 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 ranking member of the 
committee which made the request with respect to the status 
of the person. 
(2) FORM.—The President may submit a response 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 chairperson and ranking member 
of one of the appropriate congressional committees, the Presi-
dent shall provide the chairperson and ranking member with 
any information that contributed to the removal decision. 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 REQUIREMENT 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 
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 between the United 
Nations and the United States of America regarding 
the Headquarters of the United Nations, signed June 
26, 1947, and entered into force November 21, 1947, 
or other applicable international obligations of the 
United States; or 
Determination. 
Publication. 
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126 STAT. 1508 
PUBLIC LAW 112–208—DEC. 14, 2012 
(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 congressional committees notice 
of, and a justification for, the waiver. 
(2) TIMING
FOR
CERTAIN
WAIVERS.—Notification 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 pre-
scribe 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.) (except that the requirements of section 
202 of such 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 security 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 congressional committees notice of, and a justifica-
tion for, the waiver. 
(c) ENFORCEMENT.— 
(1) PENALTIES.—A person that violates, attempts 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. 
(2) REQUIREMENTS FOR FINANCIAL INSTITUTIONS.—Not later 
than 120 days after the date of the enactment of this Act, 
the Secretary of the Treasury shall prescribe or amend regula-
tions 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 frozen all 
Deadline. 
Regulations. 
Certification. 
Deadline. 
Notice. 
Determination. 
Determination. 
President. 
Deadline. 
Notice. 
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126 STAT. 1509 
PUBLIC LAW 112–208—DEC. 14, 2012 
LEGISLATIVE HISTORY—H.R. 6156: 
HOUSE REPORTS: No. 112–632 (Comm. on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
Nov. 16, considered and passed House. 
Dec. 5, 6, considered and passed Senate. 
assets within the possession or control of the financial institu-
tion 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. 
SEC. 407. REPORT TO CONGRESS. 
Not later than one year after the date of the enactment of 
this Act and annually thereafter, the Secretary of State and the 
Secretary of the Treasury shall submit to the appropriate congres-
sional committees a report on— 
(1) the actions taken to carry out this title, including— 
(A) the number of persons added to or removed from 
the list required by section 404(a) during the year preceding 
the report, the dates on which such persons have been 
added or removed, 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 govern-
ments of other countries to impose sanctions that are similar 
to the sanctions imposed under this title. 
Approved December 14, 2012. 
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