[Full text in Original]
RUSSIA AND MOLDOVA JACKSON-VANIK REPEAL AND SERGEI MAGNITSKY RULE OF LAW ACCOUNTABILITY ACT OF 2012
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TITLE IV--SERGEI MAGNITSKY RULE OF LAW ACCOUNTABILITY ACT OF 2012
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"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 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 [Dec. 14, 2012], 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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1) See 584.201, and comments thereto, concerning the implementation of the into the Magnitsky Act Sanctions Regulations (MASR).
This statute has been fully implemented into the MASR in the sense that there is no OFAC-administered sanctions prohibition, or other provision in this statute of obvious relevance to the regulated community, that is not otherwise accounted for in the MASR.