[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6156 Enrolled Bill (ENR)]
H.R.6156
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
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,

776a6e10c0dadaf088ddc380435227b709be8179983676611b9cc08a3e21fee6

(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:

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1974 to products of the Russian Federation.

a80ba246a75ad444433d7e67cdf9af62b5b26f3bf9d410397e31d16fa579cfc1

TITLE I

-PERMANENT NORMAL TRADE RELATIONS FOR THE RUSSIAN FEDERATION

obligations as a member of the World Trade Organization and
enforcement actions by the United States Trade Representative.

3381a4f1a060d2a56ce5f66fa35646c5645972799cd8d00e087089ad83dd6cad

TITLE II

-TRADE ENFORCEMENT MEASURES RELATING TO THE RUSSIAN FEDERATION

support United States trade and investment.

5d2ae95be940221f5d396f4d91b33a3e40f8e03c7677119df2f06151c85358a0

Federation that discriminate against United States digital
trade.

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88e730d45732ea094330a9f293f569eff2609f6566927a9aa6d2732a17d0f084

TITLE III

-PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA

abuse, and death of Sergei Magnitsky and other gross
violations of human rights.

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TITLE IV

-SERGEI MAGNITSKY RULE OF LAW ACCOUNTABILITY ACT OF 2012

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 normal trade relations
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.

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OF 1974 TO PRODUCTS OF THE RUSSIAN FEDERATION.
(a) Presidential Determinations and Extension of Nondiscriminatory
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
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.

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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 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 Technology 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 agreement
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 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 agreement, as the case may be.
(B) Classified information.--If any information regarding a
planned action referred to in subparagraph (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 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 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 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
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
Representative 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 agreements
with members of the Working Party on the accession of the Russian
Federation to the World Trade Organization.

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SUPPORT UNITED STATES TRADE AND INVESTMENT.
(a) Reports on Promotion of Rule of Law.--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 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 promoting 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 Russian
Federation, including by promoting the claims of United States
investors in Yukos Oil Company;
(C) encouraging all countries that are parties to the
Convention on Combating Bribery of Foreign Public Officials 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 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
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 establish 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
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 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
Secretary to inform United States entities conducting
business in the Russian Federation or considering
conducting 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 of a
United States entity that reports instances of bribery,
attempted bribery, or other forms of corruption in the Russian
Federation or requests assistance pursuant to paragraph (1).

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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 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.''.

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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 Russian 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 Agreements Act (19
U.S.C. 3511(d)(15))).

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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.

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OF 1974 TO PRODUCTS OF MOLDOVA.
(a) Presidential Determinations and Extension of Nondiscriminatory
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 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.

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This title may be cited as the ``Sergei Magnitsky Rule of Law
Accountability Act of 2012''.

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(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 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 Degrading 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 respect 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
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
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 investigated 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 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 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
Federation 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 Russian law to
independently monitor prison conditions, concluded 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 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 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 punished.''.
(12) Sergei Magnitsky's experience, while particularly
illustrative 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
international 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, violations of due
process and procedural norms, falsification or withholding 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 disappearances 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, including Chechen leader Ramzan Kadyrov, or of
seeking to obtain, exercise, defend, or promote internationally
recognized human rights and freedoms.
(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.

594c4a6988a33d392e284273ba3840665a08bf6f92f80d229a0c719068619573

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 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 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.

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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 appropriate
congressional committees a list of each person who the President
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 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
committed 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 internationally
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 subsection
(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 committees
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 information provided
by the chairperson and ranking member of each of the appropriate
congressional committees and credible data obtained by other
countries and nongovernmental organizations, including
organizations inside Russia, that monitor the human rights abuses
of the Government of the Russian Federation.
(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
(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 President 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.

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(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
(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 prescribe
such regulations as are necessary to carry out this section.

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(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 justification 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 regulations 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 assets within the possession or control
of the financial institution 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.

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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 congressional 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
governments of other countries to impose sanctions that are similar
to the sanctions imposed under this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Russia and Moldova Jackson-Vanik Repeal Act of 2012 — HR. 6156

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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