II 

108TH CONGRESS 

2D SESSION S. 2205

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 SENATE OF THE UNITED STATES 

MARCH 11, 2004

Mr. LEVIN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

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.

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

3 SECTION 1. FINDINGS. 

4 The Congress finds that— 

5 (1) Ukraine allows its citizens the right and op6 portunity to emigrate, free of anything more than a 

7 nominal tax on emigration or on the visas or other 

8 documents required for emigration and free of any 
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1 tax, levy, fine, fee, or other charge on any citizens 

2 as a consequence of the desire of such citizens to 

3 emigrate to the country of their choice; 

4 (2) Ukraine has been found to be in full compli5 ance with the freedom of emigration requirements 

6 under title IV of the Trade Act of 1974 since 1997; 

7 (3) since reestablishing independence in 1991, 

8 Ukraine has taken important steps toward the cre9 ation of democratic institutions and a free-market 

10 economy and, as a participating state of the Organi11 zation for Security and Cooperation in Europe 

12 (OSCE), is committed to developing a system of gov13 ernance in accordance with the principles regarding 

14 human rights and humanitarian affairs that are set 

15 forth in the Final Act of the Conference on Security 

16 and Cooperation in Europe (also known as the ‘‘Hel17 sinki Final Act’’) and successive documents; 

18 (4) Ukraine has shown progress towards meet19 ing international commitments and standards in its 

20 most recent Parliamentary elections, recognizing 

21 that significant shortcomings remain, including in 

22 the implementation of Ukraine’s election laws, illegal 

23 interference by public authorities in the electoral 

24 process, and allegations of intimidation against op25 position contestants, activists, and voters; 
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1 (5) as a participating state of the OSCE, 

2 Ukraine is committed to addressing issues relating 

3 to its national and religious minorities and to adopt4 ing measures to ensure that persons belonging to na5 tional minorities have full equality both individually 

6 and communally; 

7 (6) Ukraine has enacted legislation providing 

8 protection against incitement to violence against per9 sons or groups based on national, racial, ethnic, or 

10 religious discrimination, including anti-Semitism, 

11 and has committed itself, including through a letter 

12 to the President of the United States, to ensuring 

13 freedom of religion and combating racial and ethnic 

14 intolerance and hatred; 

15 (7) Ukraine has engaged in efforts to combat 

16 ethnic and religious intolerance by cooperating with 

17 various United States nongovernmental organiza18 tions; 

19 (8) Ukraine is continuing the restitution of reli20 gious properties, including religious and communal 

21 properties confiscated from national and religious 

22 minorities during the Soviet era, is facilitating the 

23 revival of those minority groups, and is in the proc24 ess of developing a legislative framework for com-
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1 pleting this process, as was confirmed in a letter to 

2 the President of the United States; 

3 (9) Ukraine has received normal trade relations 

4 treatment since concluding a bilateral trade agree5 ment with the United States that entered into force 

6 on June 23, 1992; 

7 (10) Ukraine is making progress toward acces8 sion to the World Trade Organization, recognizing 

9 that many issues remain to be resolved, including 

10 commitments relating to access of United States ag11 ricultural products, protection of intellectual prop12 erty rights, tariff and excise tax reductions for goods 

13 (including automobiles), trade in services, agricul14 tural subsidy levels, elimination of export incentives 

15 for industrial goods, and reform of customs proce16 dures and technical, sanitary, and phytosanitary 

17 measures; 

18 (11) Ukraine has enacted protections reflecting 

19 internationally recognized labor rights, noting that 

20 gaps remain both in the country’s legal regime and 

21 its enforcement record; 

22 (12) as a participating state of the OSCE, 

23 Ukraine has committed itself to respecting freedom 

24 of the press, although infringements of this freedom 

25 continue to occur; 
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1 (13) Ukraine has established positive relations 

2 with neighboring countries, and has stated its desire 

3 to pursue a course of European integration with a 

4 commitment to ensuring democracy and prosperity 

5 for its citizens; and 

6 (14) Ukraine has participated with the United 

7 States in its peacekeeping operations in Europe and 

8 has provided important cooperation in the global 

9 struggle against international terrorism. 

10 SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF 

11 THE TRADE ACT OF 1974 TO UKRAINE. 

12 (a) PRESIDENTIAL DETERMINATIONS AND EXTEN13 SION OF UNCONDITIONAL AND PERMANENT NONDISCRIM14 INATORY TREATMENT.—Notwithstanding any provision of 

15 title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), 

16 the President may— 

17 (1) determine that such title should no longer 

18 apply to Ukraine; and 

19 (2) after making a determination under para20 graph (1) with respect to Ukraine, proclaim the ex21 tension of unconditional and permanent nondiscrim22 inatory treatment (permanent normal trade relations 

23 treatment) to the products of that country. 

24 (b) TERMINATION OF APPLICATION OF TITLE IV.—

25 On and after the effective date of the extension under sub-
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1 section (a)(2) of nondiscriminatory treatment to the prod2 ucts of Ukraine, chapter 1 of title IV of the Trade Act 

3 of 1974 shall cease to apply to that country. 

4 SEC. 3. SENSE OF CONGRESS. 

5 It is the sense of the Congress that the United States 

6 remain fully committed to a multifaceted engagement with 

7 Ukraine, including by— 

8 (1) urging Ukraine to fulfill its commitments as 

9 a participating member of the OSCE, and to con10 tinue its current policy— 

11 (A) of providing for the free emigration of 

12 its citizens; 

13 (B) of safeguarding religious liberty 

14 throughout Ukraine; 

15 (C) of enforcing existing Ukrainian laws at 

16 the national and local levels to combat ethnic, 

17 religious, and racial discrimination and violence; 

18 (D) of expanding the restitution of reli19 gious and communal properties, including es20 tablishing a legal framework for the completion 

21 of such restitution in the future; and 

22 (E) of respecting media freedoms fully; 

23 (2) working with Ukraine to improve in the 

24 areas described in section 1(11); 
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1 (3) supporting Ukraine’s efforts to make sub2 stantial and meaningful progress in enacting and en3 forcing the protection of intellectual property rights; 

4 (4) working with Ukraine to ensure quick reso5 lution of trade disputes that may arise, particularly 

6 in the poultry and other agricultural sectors; and 

7 (5) continuing monitoring by the United States 

8 of human rights, rule of law, and media freedoms in 

9 Ukraine, including the issues described in para10 graphs (1) and (2), providing assistance to non11 governmental organizations and human rights 

12 groups involved in human rights, democracy, and 

13 rule of law activities in Ukraine, and attempting to 

14 establish annual discussions with Ukraine regarding 

15 those issues, including the participation of United 

16 States and Ukrainian nongovernmental organiza17 tions in such discussions. 

18 SEC. 4. REPORTING REQUIREMENT. 

19 The reports required by sections 102(b) and 203 of 

20 the International Religious Freedom Act of 1998 (22 

21 U.S.C. 6412(b) and 6433) shall continue to include an as22 sessment of the status of the issues described in subpara23 graphs (A) through (D) of section 3(1). 
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1 SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE 

2 JUNE 23, 1992, BILATERAL TRADE AGREE3 MENT. 

4 (a) FINDING.—The Congress finds that the trade 

5 agreement between the United States and Ukraine that 

6 entered into force on June 23, 1992, remains in force be7 tween the 2 countries and provides the United States with 

8 important rights, including the right to use specific safe9 guard rules to respond to import surges from Ukraine. 

10 (b) APPLICABILITY OF SAFEGUARD.—Section 421 of 

11 the Trade Act of 1974 (19 U.S.C. 2451) shall apply to 

12 Ukraine to the same extent as such section applies to the 

13 People’s Republic of China, so long as the trade agreement 

14 described in subsection (a) remains in force. 

15 SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER 

16 WTO ACCESSION NEGOTIATIONS. 

17 (a) NOTICE OF AGREEMENT ON ACCESSION TO WTO 

18 BY UKRAINE.—Not later than 5 days after the date on 

19 which the United States has entered into a bilateral agree20 ment with Ukraine on the terms of accession by Ukraine 

21 to the World Trade Organization, the President shall so 

22 notify the Congress, and the President shall transmit to 

23 the Congress, not later than 15 days after that agreement 

24 is entered into, a report that sets forth the provisions of 

25 that agreement. 

26 (b) RESOLUTION OF DISAPPROVAL.— 
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1 (1) INTRODUCTION.—If a resolution of dis2 approval is introduced in the House of Representa3 tives or the Senate during the 30-day period (not 

4 counting any day which is excluded under section 

5 154(b) of the Trade Act of 1974 (19 U.S.C. 

6 2194(b)), beginning on the date on which the Presi7 dent first notifies the Congress under subsection (a) 

8 of the agreement referred to in that subsection, that 

9 resolution of disapproval shall be considered in ac10 cordance with this subsection. 

11 (2) RESOLUTION OF DISAPPROVAL.—In this 

12 subsection, the term ‘‘resolution of disapproval’’ 

13 means only a joint resolution of the two Houses of 

14 the Congress, the matter after the resolving clause 

15 of which is as follows: ‘‘That it is the sense of the 

16 Congress that the agreement between the United 

17 States and Ukraine on the terms of accession by 

18 Ukraine to the World Trade Organization, of which 

19 Congress was notified on ll, does not adequately 

20 advance the interests of the United States.’’, with 

21 the blank space being filled with the appropriate 

22 date. 

23 (3) PROCEDURES FOR CONSIDERING RESOLU24 TIONS.— 
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1 (A) INTRODUCTION AND REFERRAL.—Res2 olutions of disapproval— 

3 (i) in the House of Representatives— 

4 (I) may be introduced by any 

5 Member of the House; 

6 (II) shall be referred to the Com7 mittee on Ways and Means and, in 

8 addition, to the Committee on Rules; 

9 and 

10 (III) may not be amended by ei11 ther Committee; and 

12 (ii) in the Senate— 

13 (I) may be introduced by any 

14 Member of the Senate; 

15 (II) shall be referred to the Com16 mittee on Finance; and 

17 (III) may not be amended. 

18 (B) COMMITTEE DISCHARGE AND FLOOR

19 CONSIDERATION.—The provisions of sub20 sections (c) through (f) of section 152 of the 

21 Trade Act of 1974 (19 U.S.C. 2192(c) through 

22 (f)) (relating to committee discharge and floor 

23 consideration of certain resolutions in the 

24 House and Senate) apply to a resolution of dis-
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1 approval to the same extent as such subsections 

2 apply to resolutions under such section. 

3 (c) RULES OF HOUSE OF REPRESENTATIVES AND

4 SENATE.—Subsection (b) is enacted by the Congress— 

5 (1) as an exercise of the rulemaking power of 

6 the House of Representatives and the Senate, re7 spectively, and as such are deemed a part of the 

8 rules of each House, respectively, and such proce9 dures supersede other rules only to the extent that 

10 they are inconsistent with such other rules; and 

11 (2) with the full recognition of the constitu12 tional right of either House to change the rules (so 

13 far as relating to the procedures of that House) at 

14 any time, in the same manner, and to the same ex15 tent as any other rule of that House.

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