II 

109TH CONGRESS 

1ST SESSION S. 752 

To require the United States Trade Representative to pursue a complaint 

of anti-competitive practices against certain oil exporting countries. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2005 

Mr. LAUTENBERG (for himself, Mr. DURBIN, and Mr. DORGAN) 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 pursue 

a complaint of anti-competitive practices against certain 

oil exporting countries. 

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 ‘‘OPEC Accountability 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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1 (1) Gasoline prices have nearly doubled since 

2 January, 2002, with oil recently trading at more 

3 than $58 per barrel for the first time ever. 

4 (2) Rising gasoline prices have placed an inordi5 nate burden on American families. 

6 (3) High gasoline prices have hindered and will 

7 continue to hinder economic recovery. 

8 (4) The Organization of Petroleum Exporting 

9 Countries (OPEC) has formed a cartel and engaged 

10 in anti-competitive practices to manipulate the price 

11 of oil, keeping it artificially high. 

12 (5) Six member nations of OPEC—Indonesia, 

13 Kuwait, Nigeria, Qatar, the United Arab Emirates 

14 and Venezuela—are also members of the World 

15 Trade Organization. 

16 (6) The agreement among OPEC member na17 tions to limit oil exports is an illegal prohibition or 

18 restriction on the exportation or sale for export of a 

19 product under article XI of the GATT 1994. 

20 (7) The export quotas and resulting high prices 

21 harm American families, undermine the American 

22 economy, impede American and foreign commerce, 

23 and are contrary to the national interests of the 

24 United States. 
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1 SEC. 3. ACTIONS TO CURB CERTAIN CARTEL ANTI-COM2 PETITIVE PRACTICES. 

3 (a) DEFINITIONS.—In this Act: 

4 (1) GATT 1994.—The term ‘‘GATT 1994’’ has 

5 the meaning given such term in section 2(1)(B) of 

6 the Uruguay Round Agreements Act (19 U.S.C. 

7 3501(1)(B)). 

8 (2) UNDERSTANDING ON RULES AND PROCE9 DURES GOVERNING THE SETTLEMENT OF DIS10 PUTES.—The term ‘‘Understanding on Rules and 

11 Procedures Governing the Settlement of Disputes’’ 

12 means the agreement described in section 

13 101(d)(16) of the Uruguay Round Agreements Act 

14 (19 U.S.C. 3511(d)(16)). 

15 (3) WORLD TRADE ORGANIZATION.— 

16 (A) IN GENERAL.—The term ‘‘World 

17 Trade Organization’’ means the organization 

18 established pursuant to the WTO Agreement. 

19 (B) WTO AGREEMENT.—The term ‘‘WTO 

20 Agreement’’ means the Agreement Establishing 

21 The World Trade Organization entered into on 

22 April 15, 1994. 

23 (b) ACTION BY PRESIDENT.— 

24 (1) IN GENERAL.—Notwithstanding any other 

25 provision of law, the President shall, not later than 

26 15 days after the date of enactment of this Act, ini-
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1 tiate consultations with the countries described in 

2 paragraph (2) to seek the elimination by those coun3 tries of any action that— 

4 (A) limits the production or distribution of 

5 oil, natural gas, or any other petroleum prod6 uct, 

7 (B) sets or maintains the price of oil, nat8 ural gas, or any petroleum product, or 

9 (C) otherwise is an action in restraint of 

10 trade with respect to oil, natural gas, or any pe11 troleum product, when such action constitutes 

12 an act, policy, or practice that is unjustifiable 

13 and burdens and restricts United States com14 merce. 

15 (2) COUNTRIES DESCRIBED.—The countries de16 scribed in this paragraph are the following: 

17 (A) Indonesia. 

18 (B) Kuwait. 

19 (C) Nigeria. 

20 (D) Qatar. 

21 (E) The United Arab Emirates. 

22 (F) Venezuela. 

23 (c) INITIATION OF WTO DISPUTE PROCEEDINGS.— 

24 If the consultations described in subsection (b) are not 

25 successful with respect to any country described in sub-
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1 section (b)(2), the United States Trade Representative 

2 shall, not later than 60 days after the date of enactment 

3 of this Act, institute proceedings pursuant to the Under4 standing on Rules and Procedures Governing the Settle5 ment of Disputes with respect to that country and shall 

6 take appropriate action with respect to that country under 

7 the trade remedy laws of the United States. 

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