I 
111TH CONGRESS 
1ST SESSION H. R. 4046 
To enhance the reporting requirements on the status of the Arab League 
trade boycott of Israel and other trade boycotts of Israel. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 6, 2009 
Ms. BERKLEY (for herself, Mr. WEINER, Mrs. MYRICK, and Ms. ROS- 
LEHTINEN) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
A BILL 
To enhance the reporting requirements on the status of 
the Arab League trade boycott of Israel and other trade 
boycotts of Israel. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
(1) The Arab League’s trade boycott of the 
State of Israel is inconsistent with World Trade Or-
ganization’s (WTO) principle of nondiscrimination. 
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(2) Trade boycotts of the State of Israel are a 
barrier to better relations between Israel and nations 
of the Arab League. 
(3) It has been the long-standing policy of the 
United States to oppose the enforcement of trade 
boycotts of Israel. 
(4) Many members of the World Trade Organi-
zation continue to enforce the primary trade boycott 
of the State of Israel. Other WTO members continue 
to enforce the secondary and tertiary trade boycott 
of the State of Israel. 
(5) Taxpayers are required to report requests to 
participate in or cooperate with an international boy-
cott. Section 999 of the Internal Revenue Code of 
1986 requires the Secretary of the Treasury to keep 
a list of countries which require or may require par-
ticipation in, or cooperation with, a trade boycott of 
Israel. Currently, the list of countries which require 
or may require participation in a trade boycott of 
Israel includes Kuwait, Lebanon, Libya, Qatar, 
Saudi Arabia, Syria, the United Arab Emirates, and 
the Republic of Yemen. 
(6) In 2005, during negotiations for the acces-
sion of the Kingdom of Saudi Arabia to the World 
Trade Organization (WTO), the United States re-
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ceived assurances from the Kingdom of Saudi Ara-
bia that, upon accession, ‘‘WTO rules will apply be-
tween Saudi Arabia and all current members’’ which 
includes Israel. Further, the United States received 
assurances that ‘‘Saudi Arabia is legally obligated to 
provide most-favored nation treatment to all WTO 
Members, including Israel. Any government sanc-
tioned activity on the Boycott [of Israel] would be 
a violation of Saudi Arabia’s obligations and subject 
to dispute settlement. This legal obligation cannot be 
changed.’’. 
(7) The United States Trade Representative re-
ports annually on the Arab League’s trade boycott 
of Israel under the National Trade Estimate report 
but that reporting on trade boycotts of Israel can be 
improved through additional reporting requirements. 
(8) Greater transparency and more comprehen-
sive reporting will assist United States taxpayers in 
complying with United States law and policy regard-
ing trade boycotts of Israel. 
(9) Improved reporting will enhance efforts to 
end all trade boycotts of Israel and allow progress 
on ending such boycotts to be better measured. 
(10) Taking steps to improve transparency with 
respect to the boycott of Israel can serve the United 
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States goal of the elimination of the trade boycott of 
Israel. Fostering increased trade and investment ties 
between Israel and the countries of the greater Mid-
dle East can encourage stronger ties and greater un-
derstanding among the peoples of the Middle East. 
SEC. 2. STATEMENT OF POLICY. 
Congress reaffirms its opposition to trade boycotts of 
Israel and calls on the President to take stronger steps 
to end all trade boycotts of Israel. 
SEC. 3. NATIONAL TRADE ESTIMATE REPORTING REQUIRE-
MENT. 
Section 181(b) of the Trade Act of 1974 (19 U.S.C. 
2241(b)) is amended by adding at the end the following: 
‘‘(4) REPORT ON THE BOYCOTT OF ISRAEL.— 
‘‘(A) IN
GENERAL.—The United States 
Trade Representative shall include in each re-
port submitted under paragraph (1) a list of 
each country that participates in any trade boy-
cott of Israel. With respect to each country 
identified as participating in a formal or infor-
mal trade boycott of the State of Israel, the 
United States Trade Representative shall report 
on a country-specific basis the following: 
‘‘(i) Whether the country is a partici-
pant in the Arab League boycott or any 
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other boycott of Israel including any boy-
cott sponsored by the Arab League or the 
Organization of Islamic Conference. 
‘‘(ii) Whether any officials of the boy-
cotting country have attended any Arab 
League or Organization of the Islamic 
Conference boycott meetings in any official 
or unofficial capacity during the year pre-
ceding the submission of the report. 
‘‘(iii) Whether the boycotting country 
maintains a government office with respon-
sibility for enforcement of a boycott of 
Israel. 
‘‘(iv) Whether the boycotting country 
has laws enforcing a boycott of Israel or 
otherwise prohibiting Israeli origin goods 
from entering its territories and a sum-
mary of those laws. 
‘‘(v) Whether the boycotting country 
has recently changed its domestic boycott 
laws or regulations with respect to either 
strengthening or eliminating the boycott. 
‘‘(vi) Whether a country’s laws or 
practices with respect to a boycott of Israel 
are of a nature that they may lead a tax-
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payer to reasonably conclude that the tax-
payer would be required to report a re-
quest to participate in or cooperate with 
the boycott to the Secretary of the Treas-
ury pursuant to section 999 of the Internal 
Revenue Code of 1986. 
‘‘(vii) Whether a country encourages 
or otherwise condones, through govern-
ment-sponsored actions, an unofficial boy-
cott of goods of Israeli origin, including 
consumer marketing campaigns directed 
against the purchase of goods of Israeli or-
igin. 
‘‘(viii) Whether a country’s formal or 
informal boycott practices have had an 
identifiable impact on United States ex-
ports of goods that have Israeli content. 
‘‘(ix) Whether a country’s formal or 
informal boycott practices have had an 
identifiable impact on United States busi-
nesses with operations or investments in 
Israel. 
‘‘(B) OTHER INFORMATION.—The United 
States Trade Representative shall include in the 
National Trade Estimate a report on any steps 
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taken by the United States at the World Trade 
Organization or other international fora to end 
the trade boycott of the State of Israel.’’. 
Æ 
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