I 
108TH CONGRESS 
2D SESSION 
H. R. 5102
To encourage the promotion of democracy, free, fair, and transparent 
elections, and respect for human rights and the rule of law in Ukraine. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2004
Mr. ROHRABACHER introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committees 
on the Judiciary and Financial Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To encourage the promotion of democracy, free, fair, and 
transparent elections, and respect for human rights and 
the rule of law in Ukraine.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Constantine Menges 
Ukraine Democracy and Fair Elections Act of 2004’’. 
SEC. 2. FINDINGS. 
Congress finds the following:
(1) The United States supports the promotion 
of democracy, free, fair, and transparent elections, 
and respect for human rights and the rule of law in 
Ukraine consistent 
with 
the 
commitments 
of 
Ukraine as a member country of the Organization 
for Security and Cooperation in Europe (OSCE). 
(2) The United States has a vital interest in the 
independence and sovereignty of Ukraine and in its 
successful integration into the European community 
of democracies. 
(3) Elections conducted by the Government of 
Ukraine during the past ten years have not satisfied 
the criteria established for free, fair, and trans-
parent elections consistent with OSCE and Euro-
pean democratic standards. 
(4) Georgiy Gongadze, Igor Alexandrov, and 
other independent journalists in Ukraine who sup-
ported democracy and published critical reports con-
cerning governmental actions have been murdered or 
have disappeared and are presumed dead. 
(5) Former government officials of Ukraine 
have made credible allegations and produced evi-
dence that top officials of the current government 
were involved in the disappearances.
(6) The current Government of Ukraine, led by 
President Leonid D. Kuchma and Prime Minister 
Viktor Yanukovych—
(A) systematically harasses and represses 
independent media and independent trade 
unions and journalists; 
(B) actively suppresses freedom of speech 
and expression and encourages a virtual black-
out on national television stations of the main 
democratic opposition candidate; 
(C) uses police to block the transit by land 
of opposition candidates and refuses access for 
the airplane of the opposition candidates to 
land at city airports for campaign appearances; 
(D) uses state and city dump trucks and 
bulldozers to block access of voters to city 
squares for appearances by opposition can-
didates; 
(E) denies access of opposition candidates 
to rent government-owned auditoriums and 
public places for meetings with voters; and 
(F) denies postal service delivery of opposi-
tion campaign literature. 
(7) In spite of current and past statements by 
President Kuchma and Prime Minister Yanukovych
that the up-coming presidential election will be free, 
fair, and transparent with an honest ballot count, 
the presidential election of October 1999, the na-
tional referendum of 2000, the parliamentary elec-
tion of March 2002, and recent by-elections to Par-
liament and city mayoral races, including the may-
oral race in Mukachevo in spring 2004, were deter-
mined by OSCE and other local and international 
observers to be fundamentally unfair. 
(8) These elections failed to meet OSCE stand-
ards for democratic elections as formulated in the 
1990 Copenhagen Document, and were marred by 
significant abusive and illegal misconduct that was 
publicly approved at the highest levels of the govern-
ment, including—
(A) the harassment, arrest, and false dis-
qualification of opposition candidates; 
(B) the arrest and beating by the police of 
members of Parliament who were acting as offi-
cial precinct election observers; 
(C) the denial of equal and fair access by 
opposition candidates to the state-controlled tel-
evision, radio, and print media, and the denial 
of the use of the postal system for sending op-
position campaign mail to voters;
(D) the seizure of equipment and property 
of independent nongovernmental organizations, 
radio stations, and press organizations and the 
harassment of their staff and management, 
causing several individuals to flee to foreign 
countries for their safety; 
(E) the implementation of voting and vote 
counting procedures that were neither trans-
parent nor legal; and 
(F) the implementation of a campaign of 
intimidation directed against opposition activ-
ists, domestic election observer organizations, 
and opposition and independent media, includ-
ing denying newsprint and access to printing 
plants to the independent media. 
(9) Dr. Constantine Menges, who died in July 
2004, served as a senior official on the National Se-
curity Council under President Ronald Reagan and 
was a staunch anti-Communist, a friend of the peo-
ples of Eastern European countries, and particularly 
supportive of Ukrainian independence. 
SEC. 3. DECLARATION OF POLICY. 
Congress—
(1) expresses its support for individuals and or-
ganizations in Ukraine that promote—
(A) democracy, free, fair, and transparent 
elections, and respect for human rights and the 
rule of law in Ukraine; and 
(B) the integration of Ukraine into the 
European community of democracies; 
(2) expresses it grave concern over the murders 
and disappearances of independent journalists in 
Ukraine like Georgiy Gongadze, Igor Alexandrov, 
and others; 
(3) calls upon the President Kuchma and Prime 
Minister Yanukovych to cease persecution of political 
opponents and independent journalists and to cease 
harassment of individuals who try to exercise their 
rights to freedom of speech, expression, assembly, 
and association; 
(4) calls upon President Kuchma and Prime 
Minister Yanukovych to end the pattern of clear, 
gross, and uncorrected violations of relevant OSCE 
human dimension commitments and to respect the 
basic freedoms of speech, expression, assembly, and 
association; and 
(5) calls upon the Government of Ukraine to re-
solve the continuing constitutional and political crisis 
by assuring—
(A) a free, fair, and transparent presi-
dential election in 2004; 
(B) meaningful access by the political op-
position to state-controlled media, including ac-
cess to newsprint and printing plants; 
(C) full and uninterrupted access for the 
political opposition to postal delivery services; 
(D) unimpeded access by the political op-
position to public auditoriums and other areas 
for gathering and meeting with voters; 
(E) unimpeded transit by road and air for 
opposition candidates; 
(F) modification of the electoral code in 
keeping with OSCE commitments; and 
(G) full freedom for international observers 
to monitor the election and ballot counting at 
local, regional, and national levels. 
SEC. 4. SENSE OF CONGRESS REGARDING MULTILATERAL 
COOPERATION CONCERNING UKRAINE. 
It is the sense of Congress that the President should 
coordinate with other countries, particularly European 
countries, to formulate and implement a comprehensive 
and multilateral strategy to further the purposes of this 
Act, including, as appropriate, encouraging other coun-
tries to take measures with respect to Ukraine that are 
similar to the measures described in this Act. 
SEC. 
5. 
SANCTIONS 
AGAINST 
THE 
GOVERNMENT 
OF 
UKRAINE. 
(a) APPLICATION
AND TIMING
OF SANCTIONS.—
Until the President makes the determination that Ukraine 
meets all the requirements specified in subsection (b) and 
certifies such determination to the appropriate congres-
sional committees, the President shall direct that the sanc-
tions described in subsection (c) shall apply immediately 
with respect to Ukraine. 
(b) CERTIFICATION.—A certification under this sub-
section is a certification transmitted to the appropriate 
congressional committees of a determination made by the 
president that the following has occurred with respect to 
Ukraine: 
(1) The implementation of free, fair, and trans-
parent elections for president and Parliament fully 
consistent with OSCE standards for democratic elec-
tions and in cooperation with relevant OSCE and 
Council of Europe institutions. 
(2) The cessation of all forms of harassment 
and repression against the media, independent trade 
unions, nongovernmental organizations, religious or-
ganizations, and the political opposition.
(3) The withdrawal and cessation of politically 
motivated legal charges against opposition figures 
and independent journalists. 
(c) SANCTIONS DESCRIBED.—
(1) DENIAL OF ENTRY INTO UNITED STATES.—
The President shall direct the Secretary of Home-
land Security to deny entry under section 212(f) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(f)) to the United States of any alien who—
(A) is a senior government official in the 
current government of Ukraine; or 
(B) is a spouse, minor child, or agent of 
such an alien. 
(2) SEIZURE OF ASSETS IN UNITED STATES.—
The President shall direct the Office of Foreign As-
sets Control of the Department of the Treasury to 
identify and seize the personal assets or personal fi-
nancial accounts in the United States obtained by 
improper or illicit means of any alien who—
(A) is a senior government official in the 
current government of Ukraine; or 
(B) is a spouse, minor child, or agent of 
such an alien. 
(3) PROHIBITIONS
ON
LOANS
AND
INVEST-
MENT.—The President shall direct that—
(A) no loan, credit guarantee, insurance, 
financing, or other similar financial assistance 
is provided on or after the date of the enact-
ment of this Act by any agency of the United 
States, including by the Export-Import Bank of 
the United States and the Overseas Private In-
vestment Corporation, to the Government of 
Ukraine (except with respect to the provision of 
humanitarian goods and agricultural or medical 
products); and 
(B) no funds made available to the Trade 
and Development Agency may be made avail-
able on or after the date of the enactment of 
this Act for any activity or project of the Agen-
cy in or for Ukraine. 
(4) 
INTERNATIONAL
FINANCIAL
INSTITU-
TIONS.—The President shall direct the Secretary of 
the Treasury to instruct the United States executive 
director to each appropriate international financial 
institution in which the United States participates, 
to oppose and vote against the extension by each 
such institution of any loan or financial or technical 
assistance or grant to the Government of Ukraine 
(except for loans and assistance that serve humani-
tarian needs).
(d) WAIVER.—
(1) IN
GENERAL.—The President may waive 
the application of subsection (c)(1), (c)(2), (c)(3), or 
(c)(4), or any combination of such subsections, if the 
President determines—
(A) that it is in the national security inter-
est of the United States to do so; 
(B) that a new president is elected in 
Ukraine in November 2004 who—
(i) has corrected the abuses and elec-
tion irregularities outlined under section 2; 
and 
(ii) has pledged to conduct a free, 
fair, and transparent election in the par-
liamentary election scheduled for March 
2006; or 
(C) that in the case of the application any 
such subsection or combination of such sub-
sections to an individual, such individual was 
not directly or indirectly involved in any of the 
abuses or election irregularities outlined under 
section 2. 
(2) CERTIFICATION.—If the President exercises 
the waiver under paragraph (1), the President shall
submit to the appropriate congressional committees 
a report containing the reasons for such waiver. 
SEC. 6. REPORTS. 
(a) DATES FOR SUBMISSION.—Not later than 90 
days after the date of the enactment of this Act, and every 
year thereafter, the President shall transmit to the appro-
priate congressional committees a report containing the 
information required by subsection (b). In the case of the 
second and all subsequent reports, each such report shall 
contain such information with respect to the preceding 12-
month period. 
(b) CONTENTS.—The reports required by subsection 
(a) shall contain information regarding the following: 
(1) The personal assets and bank accounts of 
the current president, prime minister and other sen-
ior government officials of the Government of 
Ukraine that are located in the United States or 
other country, and, if such assets and accounts are 
determined to have been acquired through improper 
or illicit means, any actions the United States has 
taken to investigate and seize such assets and ac-
counts and encourage such other country to take 
similar action. 
(2) The sale or delivery of weapons or weapons-
related technologies from Ukraine to any country,
the government of which the Secretary of State has 
determined, for purposes of section 6(j)(1) of the 
Export Administration Act of 1979 (50 U.S.C. App. 
2405 (j)(1)), has repeatedly provided support for 
acts of international terrorism. 
(3) An identification of each country described 
in paragraph (2) and a detailed description of the 
weapons or weapons-related technologies involved in 
such sale. 
(4) An identification of the goods, services, 
credits, or other consideration received by Ukraine 
in exchange for the weapons or weapons-related 
technologies involved in such sale. 
(c) FORM.—A report transmitted pursuant to sub-
section (a) shall be in unclassified form but may contain 
a classified annex. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the 
Committee on Foreign Relations of the Senate.
(2) SENIOR GOVERNMENT OFFICIAL.—The term 
‘‘senior government official’’ means, with respect to 
Ukraine—
(A) the president, prime minister, deputy 
prime ministers, government ministers; chair-
men and members of state committees, includ-
ing the Central Election Commission and re-
gional and local election commissions, members 
of the Presidential Administration, members of 
Parliament; and the heads of the Security Serv-
ices, State Tax Administration, and the State 
Customs Services; 
(B) any official of the Government of 
Ukraine who is personally involved in the sup-
pression of freedom and free, fair, and trans-
parent elections in Ukraine, including judges, 
law enforcement personnel, prosecutors, re-
gional governors, mayors, and administrators; 
and 
(C) any other individual determined by the 
Secretary of State to be personally involved in 
the formulation or execution of policies or ac-
tivities that are in contradiction of internation-
ally recognized human rights and free, fair, and 
transparent elections standards.
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