II 

117TH CONGRESS 

2D SESSION S. 3786 

To suspend normal trade relations treatment for the Russian Federation 

and the Republic of Belarus, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8 (legislative day, MARCH 7), 2022 

Mr. WYDEN (for himself and Mr. CRAPO) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To suspend normal trade relations treatment for the Russian 

Federation and the Republic of Belarus, 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 known as the ‘‘Suspending Normal 

5 Trade Relations with Russia and Belarus Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The United States is a founding member of 

9 the World Trade Organization (WTO) and is comVerDate Sep 11 2014 03:05 Mar 09, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3786.IS S3786

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1 mitted to ensuring that the WTO remains an effec2 tive forum for peaceful economic engagement. 

3 (2) Ukraine is a sovereign nation-state that is 

4 entitled to enter into agreements with other sov5 ereign states and to full respect of its territorial in6 tegrity. 

7 (3) The United States will be unwavering in its 

8 support for a secure, democratic, and sovereign 

9 Ukraine, free to choose its own leaders and future. 

10 (4) Ukraine acceded to the Marrakesh Agree11 ment Establishing the World Trade Organization 

12 (WTO Agreement) and has been a WTO member 

13 since 2008. 

14 (5) Ukraine’s participation in the WTO Agree15 ment creates both rights and obligations vis-a`-vis 

16 other WTO members. 

17 (6) The Russian Federation acceded to the 

18 WTO on August 22, 2012, becoming the 156th 

19 WTO member, and the Republic of Belarus has ap20 plied to accede to the WTO. 

21 (7) From the date of its accession, the Russian 

22 Federation committed to apply fully all provisions of 

23 the WTO. 

24 (8) The United States Congress authorized per25 manent normal trade relations for the Russian FedVerDate Sep 11 2014 03:05 Mar 09, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3786.IS S3786

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1 eration through the Russia and Moldova Jackson2 Vanik Repeal and Sergei Magnitsky Rule of Law 

3 Accountability Act of 2012 (Public Law 112–208). 

4 (9) Ukraine communicated to the WTO General 

5 Council on March 2, 2022, urging that all WTO 

6 members take action against the Russian Federation 

7 and ‘‘consider further steps with the view to sus8 pending the Russian Federation’s participation in 

9 the WTO for its violation of the purpose and prin10 ciples of this Organization’’. 

11 (10) Vladimir Putin, a ruthless dictator, has led 

12 the Russian Federation into a war of aggression 

13 against Ukraine, which— 

14 (A) denies Ukraine and its people their col15 lective rights to independence, sovereignty, and 

16 territorial integrity; 

17 (B) constitutes an emergency in inter18 national relations, because it is a situation of 

19 armed conflict that threatens the peace and se20 curity of all countries, including the United 

21 States; and 

22 (C) denies Ukraine its rightful ability to 

23 participate in international organizations, in24 cluding the WTO. 


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1 (11) The Republic of Belarus, also led by a 

2 ruthless dictator, Aleksander Lukashenka, is pro3 viding important material support to the Russian 

4 Federation’s aggression. 

5 (12) The Russian Federation’s exportation of 

6 goods in the energy sector is central to its ability to 

7 wage its war of aggression on Ukraine. 

8 (13) The United States, along with its allies 

9 and partners, has responded to recent aggression by 

10 the Russian Federation in Ukraine by imposing 

11 sweeping financial sanctions and stringent export 

12 controls. 

13 (14) The United States cannot allow the con14 sequences of the Russian Federation’s actions to go 

15 unaddressed, and must lead fellow countries, in all 

16 fora, including the WTO, to impose appropriate con17 sequences for the Russian Federation’s aggression. 

18 SEC. 3. SUSPENSION OF NORMAL TRADE RELATIONS WITH 

19 THE RUSSIAN FEDERATION AND THE REPUB20 LIC OF BELARUS. 

21 (a) NONDISCRIMINATORY TARIFF TREATMENT.— 

22 Notwithstanding any other provision of law, beginning on 

23 the day after the date of the enactment of this Act, the 

24 rates of duty set forth in column 2 of the Harmonized 

25 Tariff Schedule of the United States shall apply to all 


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1 products of the Russian Federation and of the Republic 

2 of Belarus. 

3 (b) AUTHORITY TO PROCLAIM INCREASED COLUMN

4 2 RATES.— 

5 (1) IN GENERAL.—The President may proclaim 

6 increases in the rates of duty applicable to products 

7 of the Russian Federation or the Republic of 

8 Belarus, above the rates set forth in column 2 of the 

9 Harmonized Tariff Schedule of the United States. 

10 (2) PRIOR CONSULTATION.—The President 

11 shall, not later than 5 calendar days before issuing 

12 any proclamation under paragraph (1), consult with 

13 the Committee on Ways and Means of the House of 

14 Representatives and the Committee on Finance of 

15 the Senate regarding the basis for and anticipated 

16 impact of the proposed increases to rates of duty de17 scribed in paragraph (1). 

18 (3) TERMINATION.—The authority to issue 

19 proclamations under this subsection shall terminate 

20 on January 1, 2024. 

21 SEC. 4. PROHIBITION ON IMPORTATION OF ENERGY PROD22 UCTS OF THE RUSSIAN FEDERATION. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, all products of the Russian Federation classi25 fied under chapter 27 of the Harmonized Tariff Schedule 


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1 of the United States shall be banned from importation into 

2 the United States, other than products imported on or be3 fore 11:59 p.m. eastern daylight time on the date that is 

4 45 days after the date of the enactment of this Act. 

5 (b) TERMINATION UPON EXTENSION OF NORMAL

6 TRADE RELATIONS WITH THE RUSSIAN FEDERATION.— 

7 The prohibition under subsection (a) shall terminate on 

8 the date on which the President grants permanent non9 discriminatory tariff treatment (normal trade relations) to 

10 the products of the Russian Federation pursuant to sec11 tion 5(b)(3). 

12 SEC. 5. RESUMPTION OF APPLICATION OF HTS COLUMN 1 

13 RATES OF DUTY AND RESTORATION OF NOR14 MAL TRADE RELATIONS TREATMENT FOR 

15 THE RUSSIAN FEDERATION AND THE REPUB16 LIC OF BELARUS. 

17 (a) TEMPORARY APPLICATION OF HTS COLUMN 1 

18 RATES OF DUTY.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law (including the application of column 

21 2 rates of duty under section 3), the President is au22 thorized to temporarily resume, for one or more pe23 riods not to exceed 1 year each, the application of 

24 the rates of duty set forth in column 1 of the Har25 monized Tariff Schedule of the United States to the 


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1 products of the Russian Federation, the Republic of 

2 Belarus, or both, if the President submits to Con3 gress with respect to either or both such countries 

4 a certification under subsection (c) for each such pe5 riod. Such action shall take effect beginning on the 

6 date that is 90 calendar days after the date of sub7 mission of such certification for such period, unless 

8 there is enacted into law during such 90-day period 

9 a joint resolution of disapproval. 

10 (2) CONSULTATION AND REPORT.—The Presi11 dent shall, not later than 45 calendar days before 

12 submitting a certification under paragraph (1)— 

13 (A) consult with the Committee on Ways 

14 and Means of the House of Representatives and 

15 the Committee on Finance of the Senate; and 

16 (B) submit to both such committees a re17 port that explains the basis for the determina18 tion of the President contained in such certifi19 cation. 

20 (b) RESTORATION OF NORMAL TRADE RELATIONS

21 TREATMENT.— 

22 (1) IN GENERAL.—The President is authorized 

23 to resume the application of the rates of duty set 

24 forth in column 1 of the Harmonized Tariff Sched25 ule of the United States to the products of the RusVerDate Sep 11 2014 03:05 Mar 09, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3786.IS S3786

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1 sian Federation, the Republic of Belarus, or both, if 

2 the President submits to Congress with respect to ei3 ther or both such countries a certification under 

4 subsection (c). Such action shall take effect begin5 ning on the date that is 90 calendar days after the 

6 date of submission of such certification, unless there 

7 is enacted into law during such 90-day period a joint 

8 resolution of disapproval. 

9 (2) CONSULTATION AND REPORT.—The Presi10 dent shall, not later than 45 calendar days before 

11 submitting a certification under paragraph (1)— 

12 (A) consult with the Committee on Ways 

13 and Means of the House of Representatives and 

14 the Committee on Finance of the Senate; and 

15 (B) submit to both such committees a re16 port that explains the basis for the determina17 tion of the President contained in such certifi18 cation. 

19 (3) PRODUCTS OF THE RUSSIAN FEDERA20 TION.—If the President submits pursuant to para21 graph (1) a certification under subsection (c) with 

22 respect to the Russian Federation and a joint resolu23 tion of disapproval is not enacted during the 90-day 

24 period described in that paragraph, the President 

25 may grant permanent nondiscriminatory tariff treatVerDate Sep 11 2014 03:05 Mar 09, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3786.IS S3786

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1 ment (normal trade relations) to the products of the 

2 Russian Federation. 

3 (4) PRODUCTS OF THE REPUBLIC OF

4 BELARUS.—If the President submits pursuant to 

5 paragraph (1) a certification under subsection (c) 

6 with respect to the Republic of Belarus and a joint 

7 resolution of disapproval is not enacted during the 

8 90-day period described in that paragraph, the 

9 President may, subject to the provisions of chapter 

10 1 of title IV of the Trade Act of 1974 (19 U.S.C. 

11 2431 et seq.), grant nondiscriminatory tariff treat12 ment (normal trade relations) to the products of the 

13 Republic of Belarus. 

14 (c) CERTIFICATION.—A certification under this sub15 section is a certification in writing that— 

16 (1) specifies the action proposed to be taken 

17 pursuant to the certification and whether such ac18 tion is pursuant to subsection (a)(1) or (b)(1) of this 

19 section; and 

20 (2) contains a determination of the President 

21 that the Russian Federation or the Republic of 

22 Belarus (or both)— 

23 (A) has withdrawn its forces and ceased all 

24 acts of aggression against Ukraine; 


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1 (B) poses no immediate threat of aggres2 sion to any North Atlantic Treaty Organization 

3 ally or partner; and 

4 (C) recognizes a free and independent 

5 Ukraine, including with respect to the ability of 

6 its people to choose their own government. 

7 (d) JOINT RESOLUTION OF DISAPPROVAL.— 

8 (1) DEFINITION.—For purposes of this section, 

9 the term ‘‘joint resolution of disapproval’’ means 

10 only a joint resolution— 

11 (A) which does not have a preamble; 

12 (B) the title of which is as follows: ‘‘Joint 

13 resolution disapproving the President’s certifi14 cation under section 5(c) of the Suspending 

15 Normal Trade Relations with Russia and 

16 Belarus Act.’’; and 

17 (C) the matter after the resolving clause of 

18 which is as follows: ‘‘That Congress disapproves 

19 the certification of the President under section 

20 5(c) of the Suspending Normal Trade Relations 

21 with Russia and Belarus Act, submitted to Con22 gress on lll’’, the blank space being filled 

23 in with the appropriate date. 

24 (2) INTRODUCTION IN THE HOUSE OF REP25 RESENTATIVES.—During a period of 5 legislative 


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1 days beginning on the date that a certification under 

2 section 5(c) is submitted to Congress, a joint resolu3 tion of disapproval may be introduced in the House 

4 of Representatives by the majority leader or the mi5 nority leader. 

6 (3) INTRODUCTION IN THE SENATE.—During a 

7 period of 5 days on which the Senate is in session 

8 beginning on the date that a certification under sec9 tion 5(c) is submitted to Congress, a joint resolution 

10 of disapproval may be introduced in the Senate by 

11 the majority leader (or the majority leader’s des12 ignee) or the minority leader (or the minority lead13 er’s designee). 

14 (4) FLOOR CONSIDERATION IN THE HOUSE OF

15 REPRESENTATIVES.— 

16 (A) REPORTING AND DISCHARGE.—If a 

17 committee of the House to which a joint resolu18 tion of disapproval has been referred has not 

19 reported such joint resolution within 10 legisla20 tive days after the date of referral, that com21 mittee shall be discharged from further consid22 eration thereof. 

23 (B) PROCEEDING TO CONSIDERATION.— 

24 Beginning on the third legislative day after 

25 each committee to which a joint resolution of 


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1 disapproval has been referred reports it to the 

2 House or has been discharged from further con3 sideration thereof, it shall be in order to move 

4 to proceed to consider the joint resolution in the 

5 House. All points of order against the motion 

6 are waived. Such a motion shall not be in order 

7 after the House has disposed of a motion to 

8 proceed on a joint resolution with regard to the 

9 same certification. The previous question shall 

10 be considered as ordered on the motion to its 

11 adoption without intervening motion. The mo12 tion shall not be debatable. A motion to recon13 sider the vote by which the motion is disposed 

14 of shall not be in order. 

15 (C) CONSIDERATION.—The joint resolution 

16 shall be considered as read. All points of order 

17 against the joint resolution and against its con18 sideration are waived. The previous question 

19 shall be considered as ordered on the joint reso20 lution to final passage without intervening mo21 tion except two hours of debate equally divided 

22 and controlled by the sponsor of the joint reso23 lution (or a designee) and an opponent. A mo24 tion to reconsider the vote on passage of the 

25 joint resolution shall not be in order. 


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1 (5) CONSIDERATION IN THE SENATE.— 

2 (A) COMMITTEE REFERRAL.—A joint reso3 lution of disapproval introduced in the Senate 

4 shall be referred to the Committee on Finance. 

5 (B) REPORTING AND DISCHARGE.—If the 

6 Committee on Finance has not reported such 

7 joint resolution of disapproval within 10 days 

8 on which the Senate is in session after the date 

9 of referral of such joint resolution, that com10 mittee shall be discharged from further consid11 eration of such joint resolution and the joint 

12 resolution shall be placed on the appropriate 

13 calendar. 

14 (C) MOTION TO PROCEED.—Notwith15 standing Rule XXII of the Standing Rules of 

16 the Senate, it is in order at any time after the 

17 Committee on Finance reports the joint resolu18 tion of disapproval to the Senate or has been 

19 discharged from its consideration (even though 

20 a previous motion to the same effect has been 

21 disagreed to) to move to proceed to the consid22 eration of the joint resolution, and all points of 

23 order against the joint resolution (and against 

24 consideration of the joint resolution) shall be 

25 waived. The motion to proceed is not debatable. 


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1 The motion is not subject to a motion to post2 pone. A motion to reconsider the vote by which 

3 the motion is agreed to or disagreed to shall not 

4 be in order. If a motion to proceed to the con5 sideration of the joint resolution of disapproval 

6 is agreed to, the joint resolution shall remain 

7 the unfinished business until disposed of. 

8 (D) DEBATE.—Debate on the joint resolu9 tion of disapproval, and on all debatable mo10 tions and appeals in connection therewith, shall 

11 be limited to not more than 10 hours, which 

12 shall be divided equally between the majority 

13 and minority leaders or their designees. A mo14 tion to further limit debate is in order and not 

15 debatable. An amendment to, or a motion to 

16 postpone, or a motion to proceed to the consid17 eration of other business, or a motion to recom18 mit the joint resolution of disapproval is not in 

19 order. 

20 (E) VOTE ON PASSAGE.—The vote on pas21 sage shall occur immediately following the con22 clusion of the debate on the joint resolution of 

23 disapproval and a single quorum call at the con24 clusion of the debate, if requested in accordance 

25 with the rules of the Senate. 


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1 (F) RULES OF THE CHAIR ON PROCE2 DURE.—Appeals from the decisions of the Chair 

3 relating to the application of the rules of the 

4 Senate, as the case may be, to the procedure re5 lating to the joint resolution of disapproval shall 

6 be decided without debate. 

7 (G) CONSIDERATION OF VETO MES8 SAGES.—Debate in the Senate of any veto mes9 sage with respect to the joint resolution of dis10 approval, including all debatable motions and 

11 appeals in connection with such joint resolution, 

12 shall be limited to 10 hours, to be equally di13 vided between, and controlled by, the majority 

14 leader and the minority leader or their des15 ignees. 

16 (6) PROCEDURES IN THE SENATE.—Except as 

17 otherwise provided in this subsection, the following 

18 procedures shall apply in the Senate to a joint reso19 lution of disapproval to which this subsection ap20 plies: 

21 (A) Except as provided in subparagraph 

22 (B), a joint resolution of disapproval that has 

23 passed the House of Representatives shall, 

24 when received in the Senate, be referred to the 


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1 Committee on Finance for consideration in ac2 cordance with this subsection. 

3 (B) If a joint resolution of disapproval to 

4 which this section applies was introduced in the 

5 Senate before receipt of a joint resolution of 

6 disapproval that has passed the House of Rep7 resentatives, the joint resolution from the 

8 House of Representatives shall, when received 

9 in the Senate, be placed on the calendar. If this 

10 subparagraph applies, the procedures in the 

11 Senate with respect to a joint resolution of dis12 approval introduced in the Senate that contains 

13 the identical matter as the joint resolution of 

14 disapproval that passed the House of Rep15 resentatives shall be the same as if no joint res16 olution of disapproval had been received from 

17 the House of Representatives, except that the 

18 vote on passage in the Senate shall be on the 

19 joint resolution of disapproval that passed the 

20 House of Representatives. 

21 (7) RULES OF THE HOUSE OF REPRESENTA22 TIVES AND THE SENATE.—This subsection is en23 acted by Congress— 

24 (A) as an exercise of the rulemaking power 

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1 tives, respectively, and as such are deemed a 

2 part of the rules of each House, respectively, 

3 but applicable only with respect to the proce4 dure to be followed in that House in the case 

5 of legislation described in those sections, and 

6 supersede other rules only to the extent that 

7 they are inconsistent with such rules; and 

8 (B) with full recognition of the constitu9 tional right of either House to change the rules 

10 (so far as relating to the procedure of that 

11 House) at any time, in the same manner, and 

12 to the same extent as in the case of any other 

13 rule of that House. 

14 SEC. 6. COOPERATION AND ACCOUNTABILITY AT THE 

15 WORLD TRADE ORGANIZATION. 

16 The United States Trade Representative shall use the 

17 voice and influence of the United States at the WTO to— 

18 (1) condemn the recent aggression in Ukraine; 

19 (2) encourage other WTO members to suspend 

20 trade concessions to the Russian Federation and the 

21 Republic of Belarus; 

22 (3) consider further steps with the view to sus23 pend the Russian Federation’s participation in the 

24 WTO; and 


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1 (4) seek to halt the accession process of the Re2 public of Belarus at the WTO and cease accession3 related work. 

Æ 


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