Authorizes the President to extend unconditional and permanent nondiscriminatory (permanent normal trade relations) treatment to the products of the Ukraine.
Expresses the sense of Congress that the United States remain fully committed to a multifaceted engagement with Ukraine, including by: (1) urging Ukraine to fulfill its commitments as a participating member of the Organization for Security and Cooperation in Europe (OSCE), and to continue its current policy with regard to human rights, rule of law, and media freedoms; (2) working with Ukraine to improve in the areas of its legal regime and enforcement of internationally recognized labor rights; (3) supporting Ukraine's efforts to make substantial and meaningful progress in enacting and enforcing the protection of intellectual property rights; (4) working with Ukraine to ensure quick resolution of trade disputes that may arise, particularly in the poultry and other agricultural sectors; and (5) continued monitoring by the United States of human rights, rule of law, and media freedoms in Ukraine, including the issues described in this Act, providing assistance to nongovernmental organizations and human rights groups involved in human rights, democracy, and rule of law activities in Ukraine, and attempting to establish annual discussions with Ukraine regarding those issues, including the participation of United States and Ukrainian nongovernmental organizations in such discussions.
Applies to Ukraine to the same extent as to the People's Republic of China, so long as the 1992 trade agreement between the United States and Ukraine remains in force, the requirement of the
Sets forth procedures with respect to: (1) notification by the President to Congress regarding U.S. entry into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization; (2) a resolution of disapproval of such agreement; and (3) procedures for consideration of the resolution.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3958 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 3958
To authorize the extension of unconditional and permanent
nondiscriminatory treatment (permanent normal trade relations
treatment) to the products of Ukraine, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2004
Mr. Levin introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
International Relations, and Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the extension of unconditional and permanent
nondiscriminatory treatment (permanent normal trade relations
treatment) to the products of Ukraine, 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. FINDINGS.
The Congress finds that--
(1) Ukraine allows its citizens the right and opportunity
to emigrate, free of anything more than a nominal 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 such
citizens to emigrate to the country of their choice;
(2) Ukraine has been found to be in full compliance with
the freedom of emigration requirements under title IV of the
Trade Act of 1974 since 1997;
(3) since reestablishing independence in 1991, Ukraine has
taken important steps toward the creation of democratic
institutions and a free-market economy and, as a participating
state of the Organization for Security and Cooperation in
Europe (OSCE), is committed to developing a system of
governance in accordance with the principles regarding human
rights and humanitarian affairs that are set forth in the Final
Act of the Conference on Security and Cooperation in Europe
(also known as the ``Helsinki Final Act'') and successive
documents;
(4) Ukraine has shown progress towards meeting
international commitments and standards in its most recent
Parliamentary elections, recognizing that significant
shortcomings remain, including in the implementation of
Ukraine's election laws, illegal interference by public
authorities in the electoral process, and allegations of
intimidation against opposition contestants, activists, and
voters;
(5) as a participating state of the OSCE, Ukraine is
committed to addressing issues relating to its national and
religious minorities and to adopting measures to ensure that
persons belonging to national minorities have full equality
both individually and communally;
(6) Ukraine has enacted legislation providing protection
against incitement to violence against persons or groups based
on national, racial, ethnic, or religious discrimination,
including anti-Semitism, and has committed itself, including
through a letter to the President of the United States, to
ensuring freedom of religion and combating racial and ethnic
intolerance and hatred;
(7) Ukraine has engaged in efforts to combat ethnic and
religious intolerance by cooperating with various United States
nongovernmental organizations;
(8) Ukraine is continuing the restitution of religious
properties, including religious and communal properties
confiscated from national and religious minorities during the
Soviet era, is facilitating the revival of those minority
groups, and is in the process of developing a legislative
framework for completing this process, as was confirmed in a
letter to the President of the United States;
(9) Ukraine has received normal trade relations treatment
since concluding a bilateral trade agreement with the United
States that entered into force on June 23, 1992;
(10) Ukraine is making progress toward accession to the
World Trade Organization, recognizing that many issues remain
to be resolved, including commitments relating to access of
United States agricultural products, protection of intellectual
property rights, tariff and excise tax reductions for goods
(including automobiles), trade in services, agricultural
subsidy levels, elimination of export incentives for industrial
goods, and reform of customs procedures and technical,
sanitary, and phytosanitary measures;
(11) Ukraine has enacted protections reflecting
internationally recognized labor rights, noting that gaps
remain both in the country's legal regime and its enforcement
record;
(12) as a participating state of the OSCE, Ukraine has
committed itself to respecting freedom of the press, although
infringements of this freedom continue to occur;
(13) Ukraine has established positive relations with
neighboring countries, and has stated its desire to pursue a
course of European integration with a commitment to ensuring
democracy and prosperity for its citizens; and
(14) Ukraine has participated with the United States in its
peacekeeping operations in Europe and has provided important
cooperation in the global struggle against international
terrorism.
SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
TO UKRAINE.
(a) Presidential Determinations and Extension of Unconditional and
Permanent 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
Ukraine; and
(2) after making a determination under paragraph (1) with
respect to Ukraine, proclaim the extension of unconditional and
permanent nondiscriminatory treatment (permanent normal trade
relations treatment) to the products of that country.
(b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Ukraine, chapter 1 of
title IV of the Trade Act of 1974 shall cease to apply to that country.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the United States remain fully
committed to a multifaceted engagement with Ukraine, including by--
(1) urging Ukraine to fulfill its commitments as a
participating member of the OSCE, and to continue its current
policy--
(A) of providing for the free emigration of its
citizens;
(B) of safeguarding religious liberty throughout
Ukraine;
(C) of enforcing existing Ukrainian laws at the
national and local levels to combat ethnic, religious,
and racial discrimination and violence;
(D) of expanding the restitution of religious and
communal properties, including establishing a legal
framework for the completion of such restitution in the
future; and
(E) of respecting media freedoms fully;
(2) working with Ukraine to improve in the areas described
in section 1(11);
(3) supporting Ukraine's efforts to make substantial and
meaningful progress in enacting and enforcing the protection of
intellectual property rights;
(4) working with Ukraine to ensure quick resolution of
trade disputes that may arise, particularly in the poultry and
other agricultural sectors; and
(5) continuing monitoring by the United States of human
rights, rule of law, and media freedoms in Ukraine, including
the issues described in paragraphs (1) and (2), providing
assistance to nongovernmental organizations and human rights
groups involved in human rights, democracy, and rule of law
activities in Ukraine, and attempting to establish annual
discussions with Ukraine regarding those issues, including the
participation of United States and Ukrainian nongovernmental
organizations in such discussions.
SEC. 4. REPORTING REQUIREMENT.
The reports required by sections 102(b) and 203 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and
6433) shall continue to include an assessment of the status of the
issues described in subparagraphs (A) through (D) of section 3(1).
SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992,
BILATERAL TRADE AGREEMENT.
(a) Finding.--The Congress finds that the trade agreement between
the United States and Ukraine that entered into force on June 23, 1992,
remains in force between the 2 countries and provides the United States
with important rights, including the right to use specific safeguard
rules to respond to import surges from Ukraine.
(b) Applicability of Safeguard.--Section 421 of the Trade Act of
1974 (19 U.S.C. 2451) shall apply to Ukraine to the same extent as such
section applies to the People's Republic of China, so long as the trade
agreement described in subsection (a) remains in force.
SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION
NEGOTIATIONS.
(a) Notice of Agreement on Accession to WTO by Ukraine.--Not later
than 5 days after the date on which the United States has entered into
a bilateral agreement with Ukraine on the terms of accession by Ukraine
to the World Trade Organization, the President shall so notify the
Congress, and the President shall transmit to the Congress, not later
than 15 days after that agreement is entered into, a report that sets
forth the provisions of that agreement.
(b) Resolution of Disapproval.--
(1) Introduction.--If a resolution of disapproval is
introduced in the House of Representatives or the Senate during
the 30-day period (not counting any day which is excluded under
section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)),
beginning on the date on which the President first notifies the
Congress under subsection (a) of the agreement referred to in
that subsection, that resolution of disapproval shall be
considered in accordance with this subsection.
(2) Resolution of disapproval.--In this subsection, the
term ``resolution of disapproval'' means only a joint
resolution of the two Houses of the Congress, the matter after
the resolving clause of which is as follows: ``That it is the
sense of the Congress that the agreement between the United
States and Ukraine on the terms of accession by Ukraine to the
World Trade Organization, of which Congress was notified on __,
does not adequately advance the interests of the United
States.'', with the blank space being filled with the
appropriate date.
(3) Procedures for considering resolutions.--
(A) Introduction and referral.--Resolutions of
disapproval--
(i) in the House of Representatives--
(I) may be introduced by any Member
of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by either
Committee; and
(ii) in the Senate--
(I) may be introduced by any Member
of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) Committee discharge and floor consideration.--
The provisions of subsections (c) through (f) of
section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c)
through (f)) (relating to committee discharge and floor
consideration of certain resolutions in the House and
Senate) apply to a resolution of disapproval to the
same extent as such subsections apply to resolutions
under such section.
(c) Rules of House of Representatives and Senate.--Subsection (b)
is enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E358)
Referred to the Committee on Ways and Means, and in addition to the Committees on International Relations, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on International Relations, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on International Relations, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on International Relations, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
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