Suspending Normal Trade Relations with Russia and Belarus Act
This bill suspends normal trade relations with Russia and Belarus. It also permanently authorizes the President to impose visa- and property-blocking sanctions based on violations of human rights.
Specifically, the bill authorizes the President to proclaim increases in the rates of duty applicable to products of Russia or Belarus. This authority terminates on January 1, 2024.
The President may restore normal trade relations with Russia and Belarus, subject to congressional disapproval.
The bill directs the U.S. Trade Representative to (1) condemn the recent aggression in Ukraine, (2) encourage other World Trade Organization (WTO) members to suspend trade concessions to Russia and Belarus, (3) consider steps to suspend Russia's participation in the WTO, and (4) seek to halt the accession process of Belarus.
[117th Congress Public Law 110]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 1159]]
Public Law 117-110
117th Congress
An Act
To suspend normal trade relations treatment for the Russian Federation
and the Republic of Belarus, and for other purposes. <<NOTE: Apr. 8,
2022 - [H.R. 7108]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Suspending
Normal Trade Relations with Russia and Belarus Act.>>
SECTION 1. <<NOTE: 19 USC 2101 note.>> SHORT TITLE.
This Act may be cited as the ``Suspending Normal Trade Relations
with Russia and Belarus Act''.
SEC. 2. <<NOTE: 19 USC 2434 note.>> FINDINGS.
Congress finds the following:
(1) The United States is a founding member of the World
Trade Organization (WTO) and is committed to ensuring that the
WTO remains an effective forum for peaceful economic engagement.
(2) Ukraine is a sovereign nation-state that is entitled to
enter into agreements with other sovereign states and to full
respect of its territorial integrity.
(3) The United States will be unwavering in its support for
a secure, democratic, and sovereign Ukraine, free to choose its
own leaders and future.
(4) Ukraine acceded to the Marrakesh Agreement Establishing
the World Trade Organization (WTO Agreement) and has been a WTO
member since 2008.
(5) Ukraine's participation in the WTO Agreement creates
both rights and obligations vis-a-vis other WTO members.
(6) The Russian Federation acceded to the WTO on August 22,
2012, becoming the 156th WTO member, and the Republic of Belarus
has applied to accede to the WTO.
(7) From the date of its accession, the Russian Federation
committed to apply fully all provisions of the WTO.
(8) The United States Congress authorized permanent normal
trade relations for the Russian Federation through the Russia
and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of
Law Accountability Act of 2012 (Public Law 112-208).
(9) Ukraine communicated to the WTO General Council on March
2, 2022, urging that all WTO members take action against the
Russian Federation and ``consider further steps with the view to
suspending the Russian Federation's participation in the WTO for
its violation of the purpose and principles of this
Organization''.
(10) Vladimir Putin, a ruthless dictator, has led the
Russian Federation into a war of aggression against Ukraine,
which--
[[Page 136 STAT. 1160]]
(A) denies Ukraine and its people their collective
rights to independence, sovereignty, and territorial
integrity;
(B) constitutes an emergency in international
relations, because it is a situation of armed conflict
that threatens the peace and security of all countries,
including the United States; and
(C) denies Ukraine its rightful ability to
participate in international organizations, including
the WTO.
(11) The Republic of Belarus, also led by a ruthless
dictator, Aleksander Lukashenka, is providing important material
support to the Russian Federation's aggression.
(12) The Russian Federation's exportation of goods in the
energy sector is central to its ability to wage its war of
aggression on Ukraine.
(13) The United States, along with its allies and partners,
has responded to recent aggression by the Russian Federation in
Ukraine by imposing sweeping financial sanctions and stringent
export controls.
(14) The United States cannot allow the consequences of the
Russian Federation's actions to go unaddressed, and must lead
fellow countries, in all fora, including the WTO, to impose
appropriate consequences for the Russian Federation's
aggression.
SEC. 3. SUSPENSION OF NORMAL TRADE RELATIONS WITH THE RUSSIAN
FEDERATION AND THE REPUBLIC OF BELARUS.
(a) Nondiscriminatory Tariff Treatment.-- <<NOTE: Effective
date. Applicability.>> Notwithstanding any other provision of law,
beginning on the day after the date of the enactment of this Act, the
rates of duty set forth in column 2 of the Harmonized Tariff Schedule of
the United States shall apply to all products of the Russian Federation
and of the Republic of Belarus.
(b) <<NOTE: President.>> Authority to Proclaim Increased Column 2
Rates.--
(1) In general.--The President may proclaim increases in the
rates of duty applicable to products of the Russian Federation
or the Republic of Belarus, above the rates set forth in column
2 of the Harmonized Tariff Schedule of the United States.
(2) Prior consultation.-- <<NOTE: Deadline.>> The President
shall, not later than 5 calendar days before issuing any
proclamation under paragraph (1), consult with the Committee on
Ways and Means of the House of Representatives and the Committee
on Finance of the Senate regarding the basis for and anticipated
impact of the proposed increases to rates of duty described in
paragraph (1).
(3) Termination.--The authority to issue proclamations under
this subsection shall terminate on January 1, 2024.
SEC. 4. <<NOTE: President. Time periods.>> RESUMPTION OF
APPLICATION OF HTS COLUMN 1 RATES OF DUTY AND
RESTORATION OF NORMAL TRADE RELATIONS
TREATMENT FOR THE RUSSIAN FEDERATION AND THE
REPUBLIC OF BELARUS.
(a) Temporary Application of HTS Column 1 Rates of Duty.--
(1) In general.--Notwithstanding any other provision of law
(including the application of column 2 rates of duty under
section 3), the President is authorized to temporarily resume,
[[Page 136 STAT. 1161]]
for one or more periods not to exceed 1 year each, the
application of the rates of duty set forth in column 1 of the
Harmonized Tariff Schedule of the United States to the products
of the Russian Federation, the Republic of Belarus, or both, if
the President submits to Congress with respect to either or both
such countries a certification under subsection (c) for each
such period. <<NOTE: Effective date.>> Such action shall take
effect beginning on the date that is 90 calendar days after the
date of submission of such certification for such period, unless
there is enacted into law during such 90-day period a joint
resolution of disapproval.
(2) Consultation and report.--The President shall, not later
than 45 calendar days before submitting a certification under
paragraph (1)--
(A) consult with--
(i) the Committee on Ways and Means and the
Committee on Foreign Affairs of the House of
Representatives; and
(ii) the Committee on Finance and the
Committee on Foreign Relations of the Senate; and
(B) submit to all such committees a report that
explains the basis for the determination of the
President contained in such certification.
(b) Restoration of Normal Trade Relations Treatment.--
(1) In general.--The President is authorized to resume the
application of the rates of duty set forth in column 1 of the
Harmonized Tariff Schedule of the United States to the products
of the Russian Federation, the Republic of Belarus, or both, if
the President submits to Congress with respect to either or both
such countries a certification under subsection
(c). <<NOTE: Effective date.>> Such action shall take effect
beginning on the date that is 90 calendar days after the date of
submission of such certification, unless there is enacted into
law during such 90-day period a joint resolution of disapproval.
(2) Consultation and report.--The President shall, not later
than 45 calendar days before submitting a certification under
paragraph (1)--
(A) consult with--
(i) the Committee on Ways and Means and the
Committee on Foreign Affairs of the House of
Representatives; and
(ii) the Committee on Finance and the
Committee on Foreign Relations of the Senate; and
(B) submit to all such committees a report that
explains the basis for the determination of the
President contained in such certification.
(3) Products of the russian federation.--If the President
submits pursuant to paragraph (1) a certification under
subsection (c) with respect to the Russian Federation and a
joint resolution of disapproval is not enacted during the 90-day
period described in that paragraph, the President may grant
permanent nondiscriminatory tariff treatment (normal trade
relations) to the products of the Russian Federation.
(4) Products of the republic of belarus.--If the President
submits pursuant to paragraph (1) a certification under
subsection (c) with respect to the Republic of Belarus and a
joint resolution of disapproval is not enacted during the
[[Page 136 STAT. 1162]]
90-day period described in that paragraph, the President may,
subject to the provisions of chapter 1 of title IV of the Trade
Act of 1974 (19 U.S.C. 2431 et seq.), grant nondiscriminatory
tariff treatment (normal trade relations) to the products of the
Republic of Belarus.
(c) Certification.--A certification under this subsection is a
certification in writing that--
(1) specifies the action proposed to be taken pursuant to
the certification and whether such action is pursuant to
subsection (a)(1) or (b)(1) of this section; and
(2) <<NOTE: Determination.>> contains a determination of the
President that the Russian Federation or the Republic of Belarus
(or both)--
(A) has reached an agreement relating to the
respective withdrawal of Russian or Belarusian forces
(or both, if applicable) and cessation of military
hostilities that is accepted by the free and independent
government of Ukraine;
(B) poses no immediate military threat of aggression
to any North Atlantic Treaty Organization member; and
(C) recognizes the right of the people of Ukraine to
independently and freely choose their own government.
(d) Joint Resolution of Disapproval.--
(1) Definition.--For purposes of this section, the term
``joint resolution of disapproval'' means only a joint
resolution--
(A) which does not have a preamble;
(B) the title of which is as follows: ``Joint
resolution disapproving the President's certification
under section 4(c) of the Suspending Normal Trade
Relations with Russia and Belarus Act.''; and
(C) the matter after the resolving clause of which
is as follows: ``That Congress disapproves the
certification of the President under section 4(c) of the
Suspending Normal Trade Relations with Russia and
Belarus Act, submitted to Congress on ___'', the blank
space being filled in with the appropriate date.
(2) Introduction in the house of representatives.--During
a <<NOTE: Effective date.>> period of 5 legislative days
beginning on the date that a certification under subsection (c)
is submitted to Congress, a joint resolution of disapproval may
be introduced in the House of Representatives by the majority
leader or the minority leader.
(3) <<NOTE: Effective date.>> Introduction in the senate.--
During a period of 5 days on which the Senate is in session
beginning on the date that a certification under subsection (c)
is submitted to Congress, a joint resolution of disapproval may
be introduced in the Senate by the majority leader (or the
majority leader's designee) or the minority leader (or the
minority leader's designee).
(4) Floor consideration in the house of representatives.--
(A) <<NOTE: Deadline.>> Reporting and discharge.--
If a committee of the House to which a joint resolution
of disapproval has been referred has not reported such
joint resolution within 10 legislative days after the
date of referral, that committee shall be discharged
from further consideration thereof.
(B) <<NOTE: Effective date.>> Proceeding to
consideration.--Beginning on the third legislative day
after each committee to which a joint
[[Page 136 STAT. 1163]]
resolution of disapproval has been referred reports it
to the House or has been discharged from further
consideration thereof, it shall be in order to move to
proceed to consider the joint resolution in the House.
All points of order against the motion are waived. Such
a motion shall not be in order after the House has
disposed of a motion to proceed on a joint resolution
with regard to the same certification. The previous
question shall be considered as ordered on the motion to
its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote
by which the motion is disposed of shall not be in
order.
(C) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to final passage without
intervening motion except two hours of debate equally
divided and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A motion to
reconsider the vote on passage of the joint resolution
shall not be in order.
(5) Consideration in the senate.--
(A) Committee referral.--A joint resolution of
disapproval introduced in the Senate shall be referred
to the Committee on Finance.
(B) <<NOTE: Deadline.>> Reporting and discharge.--
If the Committee on Finance has not reported such joint
resolution of disapproval within 10 days on which the
Senate is in session after the date of referral of such
joint resolution, that committee shall be discharged
from further consideration of such joint resolution and
the joint resolution shall be placed on the appropriate
calendar.
(C) Motion to proceed.--Notwithstanding Rule XXII of
the Standing Rules of the Senate, it is in order at any
time after the Committee on Finance reports the joint
resolution of disapproval to the Senate or has been
discharged from its consideration (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) shall be waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the joint resolution of disapproval is agreed to, the
joint resolution shall remain the unfinished business
until disposed of.
(D) Debate.--Debate on the joint resolution of
disapproval, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the
majority and minority leaders or their designees. A
motion to further limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion
[[Page 136 STAT. 1164]]
to recommit the joint resolution of disapproval is not
in order.
(E) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the debate
on the joint resolution of disapproval and a single
quorum call at the conclusion of the debate, if
requested in accordance with the rules of the Senate.
(F) Rules of the chair on procedure.--Appeals from
the decisions of the Chair relating to the application
of the rules of the Senate, as the case may be, to the
procedure relating to the joint resolution of
disapproval shall be decided without debate.
(G) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to the joint
resolution of disapproval, including all debatable
motions and appeals in connection with such joint
resolution, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
(6) <<NOTE: Applicability.>> Procedures in the senate.--
Except as otherwise provided in this subsection, the following
procedures shall apply in the Senate to a joint resolution of
disapproval to which this subsection applies:
(A) Except as provided in subparagraph (B), a joint
resolution of disapproval that has passed the House of
Representatives shall, when received in the Senate, be
referred to the Committee on Finance for consideration
in accordance with this subsection.
(B) If a joint resolution of disapproval to which
this subsection applies was introduced in the Senate
before receipt of a joint resolution of disapproval that
has passed the House of Representatives, the joint
resolution from the House of Representatives shall, when
received in the Senate, be placed on the calendar. If
this subparagraph applies, the procedures in the Senate
with respect to a joint resolution of disapproval
introduced in the Senate that contains the identical
matter as the joint resolution of disapproval that
passed the House of Representatives shall be the same as
if no joint resolution of disapproval had been received
from the House of Representatives, except that the vote
on passage in the Senate shall be on the joint
resolution of disapproval that passed the House of
Representatives.
(7) Rules of the house of representatives and senate.--This
subsection is enacted by Congress--
(A) <<NOTE: Applicability.>> as an exercise of the
rulemaking power of the Senate and the House of
Representatives, respectively, and as such are deemed a
part of the rules of each House, respectively, but
applicable only with respect to the procedure to be
followed in that House in the case of legislation
described in those sections, and supersede other rules
only to the extent that they are inconsistent with such
rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time, in
the same
[[Page 136 STAT. 1165]]
manner, and to the same extent as in the case of any
other rule of that House.
SEC. 5. COOPERATION AND ACCOUNTABILITY AT THE WORLD TRADE
ORGANIZATION.
The United States Trade Representative shall use the voice and
influence of the United States at the WTO to--
(1) condemn the recent aggression in Ukraine;
(2) encourage other WTO members to suspend trade concessions
to the Russian Federation and the Republic of Belarus;
(3) consider further steps with the view to suspend the
Russian Federation's participation in the WTO; and
(4) seek to halt the accession process of the Republic of
Belarus at the WTO and cease accession-related work.
SEC. 6. REAUTHORIZATION OF SANCTIONS UNDER THE GLOBAL MAGNITSKY
HUMAN RIGHTS ACCOUNTABILITY ACT WITH RESPECT
TO HUMAN RIGHTS VIOLATIONS AND CORRUPTION.
(a) <<NOTE: Repeal.>> In General.--Section 1265 of the Global
Magnitsky Human Rights Accountability Act (subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) is repealed.
(b) Clerical Amendment.--The table of contents in section 2(b) and
in title XII of division A of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) <<NOTE: 130 Stat. 2014, 2473.>>
are each amended by striking the items relating to section 1265.
Approved April 8, 2022.
LEGISLATIVE HISTORY--H.R. 7108:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
Mar. 17, considered and passed House.
Apr. 7, considered and passed Senate, amended. House
concurred in Senate amendment.
<all>
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 313.
Measure laid before Senate by unanimous consent. (consideration: CR S2060)
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 100 - 0. Record Vote Number: 131.(text of amendment in the nature of a substitute: 04/06/2022 CR S2048-2049)
Roll Call #131 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 100 - 0. Record Vote Number: 131. (text of amendment in the nature of a substitute: 04/06/2022 CR S2048-2049)
Roll Call #131 (Senate)Message on Senate action sent to the House.
Mr. Neal moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H4415-4417, H4419-4420)
DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 7108.
Enacted as Public Law 117-110
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At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the chair announced that further proceedings on the motion would be postponed.
Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 420 - 3 (Roll no. 124).(text: CR H4415-4416)
Roll Call #124 (House)On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 420 - 3 (Roll no. 124). (text: CR H4415-4416)
Roll Call #124 (House)Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-110.
Became Public Law No: 117-110.