PUBLIC LAW 109–205—MAR. 23, 2006 120 STAT. 313

Public Law 109–205

109th Congress

An Act

To authorize the extension of nondiscriminatory treatment (normal trade relations

treatment) to the products of Ukraine.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress finds as follows:

(1) Ukraine 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 such citizens to emigrate to

the country of their choice.

(2) Ukraine has received normal trade relations treatment

since 1992 and 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 the establishment of an independent Ukraine

in 1991, Ukraine has made substantial progress toward the

creation of democratic institutions and a free-market economy.

(4) Ukraine has committed itself to ensuring freedom of

religion, respect for rights of minorities, and eliminating intolerance and has been a paragon of inter-ethnic cooperation and

harmony, as evidenced by the annual human rights reports

of the Organization for Security and Cooperation in Europe

(OSCE) and the United States Department of State.

(5) Ukraine has taken major steps toward global security

by ratifying the Treaty on the Reduction and Limitation of

Strategic Offensive Weapons (START I) and the Treaty on

the Non-Proliferation of Nuclear Weapons, subsequently

turning over the last of its Soviet-era nuclear warheads on

June 1, 1996, and agreeing, in 1998, not to assist Iran with

the completion of a program to develop and build nuclear

breeding reactors, and has fully supported the United States

in nullifying the Anti-Ballistic Missile (ABM) Treaty.

(6) At the Madrid Summit in 1997, Ukraine became a

member of the North Atlantic Cooperation Council of the North

Atlantic Treaty Organization (NATO), and has been a participant in the Partnership for Peace (PfP) program since 1994.

(7) Ukraine is a peaceful state which established exemplary

relations with all neighboring countries, and consistently pursues a course of European integration with a commitment

to ensuring democracy and prosperity for its citizens.

19 USC 2434

note.

Mar. 23, 2006

[H.R. 1053]

120 STAT. 314 PUBLIC LAW 109–205—MAR. 23, 2006

LEGISLATIVE HISTORY—H.R. 1053 (S. 632):

CONGRESSIONAL RECORD, Vol. 152 (2006):

Mar. 8, considered and passed House.

Mar. 9, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Mar. 23, Presidential remarks.

Æ

(8) Ukraine has built a broad and durable relationship

with the United States and has been an unwavering ally in

the struggle against international terrorism that has taken

place since the attacks against the United States that occurred

on September 11, 2001.

(9) Ukraine has concluded a bilateral trade agreement with

the United States that entered into force on June 23, 1992,

and is in the process of acceding to the World Trade Organization (WTO). On March 6, 2006, the United States and Ukraine

signed a bilateral market access agreement as a part of the

WTO accession process.

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE

ACT OF 1974 TO THE PRODUCTS OF UKRAINE.

(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF NON- DISCRIMINATORY 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 nondiscriminatory

treatment (normal trade relations treatment) to the products

of that country.

(b) TERMINATION OF APPLICABILITY OF TITLE IV.—On and after

the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of Ukraine, title IV of

the Trade Act of 1974 shall cease to apply to that country.

Approved March 23, 2006.

19 USC 2434

note.