[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3406 Placed on Calendar Senate (PCS)]
Calendar No. 461
112th CONGRESS
2d Session
S. 3406
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to products of the Russian Federation and Moldova,
to require reports on the compliance of the Russian Federation with its
obligations as a member of the World Trade Organization, and to impose
sanctions on persons responsible for gross violations of human rights,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 19, 2012
Mr. Baucus, from the Committee on Finance, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to products of the Russian Federation and Moldova,
to require reports on the compliance of the Russian Federation with its
obligations as a member of the World Trade Organization, and to impose
sanctions on persons responsible for gross violations of human rights,
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 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.
TITLE I--PERMANENT NORMAL TRADE RELATIONS FOR THE RUSSIAN FEDERATION
Sec. 101. Findings.
Sec. 102. Termination of application of title IV of the Trade Act of
1974 to products of the Russian Federation.
TITLE II--TRADE ENFORCEMENT MEASURES RELATING TO 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.
TITLE III--SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR GROSS
VIOLATIONS OF HUMAN RIGHTS
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Definitions.
Sec. 304. Identification of persons responsible for the detention,
abuse, and death of Sergei Magnitsky and
other gross violations of human rights.
Sec. 305. Inadmissibility of certain aliens.
Sec. 306. Financial measures.
Sec. 307. Report to Congress.
TITLE IV--PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA
Sec. 401. Findings.
Sec. 402. Termination of application of title IV of the Trade Act of
1974 to products of Moldova.
TITLE I--PERMANENT NORMAL TRADE RELATIONS FOR THE RUSSIAN FEDERATION
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
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.
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 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.
TITLE II--TRADE ENFORCEMENT MEASURES RELATING TO 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.
(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 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.
SEC. 202. PROMOTION OF THE RULE OF LAW IN THE RUSSIAN FEDERATION TO
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).
SEC. 203. REPORTS ON LAWS, POLICIES, AND PRACTICES OF THE RUSSIAN
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.''.
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 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))).
TITLE III--SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR GROSS
VIOLATIONS OF HUMAN RIGHTS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Sergei Magnitsky Rule of Law
Accountability Act of 2012''.
SEC. 302. FINDINGS.
Congress finds the following:
(1) The United States 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; and
(B) is a party to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Covenant on Civil and
Political Rights, the United Nations Convention against
Corruption, and the European Convention on Human
Rights.
(3) In becoming parties to human rights treaties,
governments voluntarily undertake international obligations to
respect and encourage certain fundamental rights and freedoms
of their citizens. The protection and encouragement of human
rights throughout the world is an important objective of United
States foreign policy.
(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 corruption amounts to hundreds of billions of
dollars a year, an increasing share of the gross domestic
product of the Russian Federation.
(7) The President of the Russian Federation, Dmitry
Medvedev, has addressed corruption in many public speeches,
including stating in his 2009 address to Russia's Federal
Assembly, ``[Z]ero tolerance of corruption should become part
of our national culture. . . . In Russia we often say that
there are few cases in which corrupt officials are prosecuted.
. . . [S]imply incarcerating a few will not resolve the
problem. But incarcerated they must be.''. President Medvedev
went on to say, ``We shall overcome underdevelopment and
corruption because we are a strong and free people, and deserve
a normal life in a modern, prosperous democratic society.''.
Furthermore, President Medvedev has acknowledged Russia's
disregard for the rule of law and used the term ``legal
nihilism'' to describe a criminal justice system that continues
to imprison innocent people.
(8) In light of the importance of legitimate and
transparent public institutions and the serious negative
effects that corruption has on the efforts of the United States
to strengthen democratic institutions and free market systems,
Presidential Proclamation 7750 of January 12, 2004, allows the
Secretary of State to suspend the entry into the United States
of aliens who are suspected of participating in corrupt
practices.
(9) The systematic abuse of Sergei Magnitsky, including his
repressive arrest and torture in custody by the same 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, 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 of state officials he testified
against for their involvement in corruption and the
carrying out of his repressive persecution since his
death.
(11) Mr. 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.
(12) 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, ``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.''.
(13) On July 6, 2011, President 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 Magnitsy'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.
(14) 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 have
acknowledged that the arrest and imprisonment of Khodorkovsky
were politically motivated.
(15) 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.''.
(16) 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.
(17) 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 President Ramzan Kadyrov, or of seeking to
obtain, exercise, defend, or promote internationally recognized
human rights and freedoms.
(18) The people of the Russian Federation, like people
everywhere, deserve to have their human rights and fundamental
freedoms respected. Human rights and fundamental freedoms are
inalienable and universal in character and thus bind all
states.
SEC. 303. 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
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.
SEC. 304. 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 Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a list of each person the Secretary of State
determines--
(1)(A) is responsible for the detention, abuse, or death of
Sergei Magnitsky;
(B) participated in efforts to conceal the legal liability
for the detention, abuse, or death of Sergei Magnitsky;
(C) benefitted financially from the detention, abuse, or
death of Sergei Magnitsky; or
(D) 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, anywhere in the world;
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 Secretary of State shall update the list required
by subsection (a) as new information becomes available.
(c) Removal From List.--A person shall be removed from the list
required by subsection (a) if the Secretary of State determines that
the person did not engage in the activity for which the person was
added to the list.
(d) Form of List; Public Availability.--
(1) In general.--Except as provided in paragraph (2), the
list required by subsection (a) shall be submitted in
unclassified form.
(2) Classified annex.--The list required by subsection (a)
may include a classified annex if the Secretary of State--
(A) determines that it is necessary for the
national security interests of the United States to do
so; and
(B) prior to submitting the list including a
classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including each person in the classified annex.
(3) Review of classified annex.--Not later than 300 days
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall--
(A) review the classified annex, if any, included
in the list required by subsection (a); and
(B) provide to the appropriate congressional
committees a justification for continuing to include
each person in the classified annex.
(4) Public availability of unclassified portion.--The
unclassified portion of the list required by subsection (a)
shall be published in the Federal Register.
(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 the 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 Secretary of State shall submit
a response to the committee the chairperson and ranking member
of which made the request with respect to whether or not the
Secretary determines that the person meets those criteria.
(2) Form.--The Secretary of State may submit a response
required by paragraph (1) in classified form if the Secretary
determines that it is necessary for the national security
interests of the United States to do so.
(f) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The Secretary of State 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. 305. 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 304(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).
(c) Waiver for National Security Interests.--The Secretary of State
may waive the application of subsection (a) or (b) in the case of an
alien if--
(1) the Secretary determines that such a waiver--
(A) 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
(B) is in the national security interests of the
United States; and
(2) prior to granting such a waiver, the Secretary provides
to the appropriate congressional committees notice of, and a
justification for, the waiver.
SEC. 306. FINANCIAL MEASURES.
(a) Freezing of Assets.--The Secretary of the Treasury shall,
pursuant to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), freeze and prohibit all transactions in all property and
interests in property of a person that the Secretary, in consultation
with the Secretary of State, determines has engaged in an activity
described in paragraph (1), (2), or (3) of section 304(a) 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.
(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. Prior to granting such a waiver, the Secretary shall
provide to the appropriate congressional committees notice of, and a
justification for, the waiver.
SEC. 307. REPORT TO CONGRESS.
Not later than 1 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 times and the circumstances in
which persons described in section 304(a) have been
added to the list required by that section during the
year preceding the report; 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 to encourage the governments of other countries
to impose sanctions that are similar to the sanctions imposed
under this title.
TITLE IV--PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA
SEC. 401. 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.
SEC. 402. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT 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.
Calendar No. 461
112th CONGRESS
2d Session
S. 3406
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A BILL
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to products of the Russian Federation and Moldova,
to require reports on the compliance of the Russian Federation with its
obligations as a member of the World Trade Organization, and to impose
sanctions on persons responsible for gross violations of human rights,
and for other purposes.
_______________________________________________________________________
July 19, 2012
Read twice and placed on the calendar