(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.