II 

112TH CONGRESS 

2D SESSION S. 3327 

To require the United States Trade Representative to take action to obtain 

the full compliance of the Russian Federation with its commitments 

under the protocol on the accession of the Russian Federation to the 

Agreement Establishing the World Trade Organization, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2012 

Mr. BROWN of Ohio (for himself, Mr. ROCKEFELLER, Mr. SCHUMER, and Ms. 

STABENOW) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To require the United States Trade Representative to take 

action to obtain the full compliance of the Russian Federation with its commitments under the protocol on the 

accession of the Russian Federation to the Agreement 

Establishing the World Trade Organization, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Russian World Trade 

5 Organization Commitments Verification Act of 2012’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 3327 IS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) WORLD TRADE ORGANIZATION; WTO.—The 

4 terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 

5 mean the organization established pursuant to the 

6 WTO Agreement. 

7 (2) WTO AGREEMENT.—The term ‘‘WTO 

8 Agreement’’ means the Agreement Establishing the 

9 World Trade Organization entered into on April 15, 

10 1994. 

11 SEC. 3. REPORTS ON COMMITMENTS UNDER THE PRO12 TOCOL ON THE ACCESSION OF THE RUSSIAN 

13 FEDERATION TO THE WTO AGREEMENT. 

14 (a) INITIAL REPORT.—Not later than 90 days after 

15 the date on which an Act of Congress authorizing the ex16 tension of permanent normal trade relations treatment to 

17 products of the Russian Federation takes effect, the 

18 United States Trade Representative shall submit to the 

19 Committee on Finance of the Senate and the Committee 

20 on Ways and Means of the House of Representatives and 

21 publish in the Federal Register a report that— 

22 (1) describes the commitments of the Russian 

23 Federation under the protocol on the accession of 

24 the Russian Federation to the WTO Agreement; and 

25 (2) sets forth the date by which that protocol 

26 requires each such commitment to be implemented. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 3327 IS

1 (b) ANNUAL REPORTS.— 

2 (1) IN GENERAL.—Not later than December 31 

3 of each calendar year that begins after the date on 

4 which an Act of Congress referred to in subsection 

5 (a) takes effect, the United States Trade Represent6 ative shall submit to the Committee on Finance of 

7 the Senate and the Committee on Ways and Means 

8 of the House of Representatives and publish in the 

9 Federal Register a report covering the period de10 scribed in paragraph (2) that— 

11 (A) describes the actions taken by the Rus12 sian Federation to comply with each commit13 ment of the Russian Federation under the pro14 tocol on the accession of the Russian Federa15 tion to the WTO Agreement that the Trade 

16 Representative determines has a significant ef17 fect on United States commerce; 

18 (B) identifies any commitment described in 

19 subparagraph (A) that the Trade Representa20 tive determines the Russian Federation is not 

21 implementing or is not making progress toward 

22 implementing in a timely or effective manner; 

23 (C)(i) describes any actions taken by the 

24 Trade Representative under section 4(a) to ob25 tain the full compliance of the Russian FederaVerDate Mar 15 2010 04:21 Jun 26, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3327.IS S3327

smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 3327 IS

1 tion with each commitment identified under 

2 subparagraph (B); or 

3 (ii) if the Trade Representative has deter4 mined under section 4(b) that it is not in the 

5 national interests of the United States to obtain 

6 the full compliance of the Russian Federation 

7 with any such commitment, describes the rea8 sons for that determination; and 

9 (D) describes any actions the Trade Rep10 resentative has taken pursuant to a request 

11 made by the Committee on Finance of the Sen12 ate or the Committee on Ways and Means of 

13 the House of Representatives under section 

14 4(c). 

15 (2) PERIOD DESCRIBED.—The period described 

16 in this paragraph is— 

17 (A) in the case of the first report sub18 mitted under paragraph (1), the period begin19 ning on the date on which the report required 

20 by subsection (a) was submitted and ending on 

21 the date on which the report required by para22 graph (1) is submitted; and 

23 (B) in the case of any subsequent report 

24 submitted under paragraph (1), the one-year 

25 period preceding the submission of the report. 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 3327 IS

1 SEC. 4. ACTION BY THE UNITED STATES TRADE REP2 RESENTATIVE. 

3 (a) IN GENERAL.—Except as provided in subsection 

4 (b), the United States Trade Representative shall, in con5 sultation with appropriate Federal agencies, take appro6 priate action to obtain the full compliance of the Russian 

7 Federation with each commitment identified under section 

8 3(b)(1)(B). 

9 (b) DETERMINATION NOT TO TAKE ACTION.—The 

10 United States Trade Representative may determine not to 

11 take action under subsection (a) to obtain the full compli12 ance of the Russian Federation with a commitment identi13 fied under section 3(b)(1)(B) if the Trade Representa14 tive— 

15 (1) determines that it is not in the national in16 terests of the United States to obtain the full com17 pliance of the Russian Federation with that commit18 ment; and 

19 (2) submits to the Committee on Finance of the 

20 Senate and the Committee on Ways and Means of 

21 the House of Representatives a report that describes 

22 in detail the reasons for that determination. 

23 (c) REQUESTS FROM CONGRESS.— 

24 (1) IN GENERAL.—The Committee on Finance 

25 of the Senate or the Committee on Ways and Means 

26 of the House of Representatives may request the 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 3327 IS

1 United States Trade Representative to take action 

2 to obtain the full compliance of the Russian Federa3 tion with— 

4 (A) a commitment identified by the Trade 

5 Representative under section 3(b)(1)(B) and 

6 with respect to which the Trade Representative 

7 has made a determination under subsection (b) 

8 not to take action if the Committee determines 

9 that it is in the national interests of the United 

10 States to obtain the full compliance of the Rus11 sian Federation with that commitment; or 

12 (B) a commitment of the Russian Federa13 tion under the protocol on the accession of the 

14 Russian Federation to the WTO Agreement not 

15 identified by the Trade Representative under 

16 section 3(b)(1)(B) if the Committee determines 

17 that the Russian Federation is not imple18 menting the commitment or is not making 

19 progress toward implementing the commitment 

20 in a timely or effective manner. 

21 (2) REPORT REQUIRED.—Not later than 15 

22 days after receiving a request under paragraph (1) 

23 from the Committee on Finance of the Senate or the 

24 Committee on Ways and Means of the House of 

25 Representatives to take appropriate action to obtain 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 3327 IS

1 the full compliance of the Russian Federation with 

2 a commitment described in subparagraph (A) or (B) 

3 of that paragraph, the Trade Representative shall 

4 submit to those committees and publish in the Fed5 eral Register a report that— 

6 (A) describes the action the Trade Rep7 resentative has taken or will take to obtain the 

8 full compliance of the Russian Federation with 

9 that commitment; or 

10 (B) if the Trade Representative determines 

11 not to take action to obtain the full compliance 

12 of the Russian Federation with that commit13 ment— 

14 (i) describes in detail the reasons for 

15 that determination; and 

16 (ii) identifies the economic interests in 

17 the United States that would be adversely 

18 affected if the Trade Representative took 

19 action to obtain the full compliance of the 

20 Russian Federation with that commitment. 

21 SEC. 5. PUBLIC PARTICIPATION. 

22 The United States Trade Representative shall seek 

23 public participation in developing the reports required by 

24 section 3 and determining under section 4(a) what action, 

25 if any, it is appropriate to take with respect to a commitVerDate Mar 15 2010 04:21 Jun 26, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3327.IS S3327

smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 3327 IS

1 ment identified under section 3(b)(1)(B), by, before sub2 mitting such a report or making a determination to take 

3 such action— 

4 (1) publishing a notice in the Federal Register 

5 with respect to the content of the report or the ac6 tion the Trade Representative is considering taking, 

7 as the case may be; and 

8 (2) holding a public hearing with respect to the 

9 report or the action, as the case may be. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS