I
107TH CONGRESS
2D SESSION
H. R. 3939
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to the products of Ukraine.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 2002
Ms. KAPTUR introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To authorize the extension of nondiscriminatory treatment
(normal trade relations treatment) to the products of
Ukraine.
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 that Ukraine—
(1) became an independent nation on August
24, 1991, and adopted a national constitution on
June 28, 1996;
(2) allows its citizens the right and opportunity
to emigrate, free of any heavy tax on emigration or
on the visas or other documents required for emigra-
tion and free of any tax, levy, fine, fee, or other
charge on any citizens as a consequence of the desire
of such citizens to emigrate to the country of their
choice;
(3) has fully complied with the freedom of emi-
gration requirements under title IV of the Trade Act
of 1974 since 1994;
(4) is partner to the United States–Ukraine
Trade Agreement, providing most-favored-nation
tariff treatment to the products of each country ef-
fective June 22, 1992, and is in the process of ac-
ceding to the World Trade Organization (WTO);
and
(5) seeks to establish diplomatic and economic
links with other nations by participating in inter-
national organizations and agreements, including the
Organization for Security and Cooperation in Eu-
rope (OSCE), the North Atlantic Cooperation Coun-
cil, NATO’s Partnership for Peace, and the Euro-
pean Union’s Partnership and Cooperation Agree-
ment.
SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF
THE TRADE ACT OF 1974 TO UKRAINE.
(a) PRESIDENTIAL DETERMINATIONS AND EXTEN-
SIONS OF NONDISCRIMINATORY TREATMENT.—Notwith-
standing any provision of title IV of the Trade Act of 1974
(19 U.S.C. 2431 et seq.), the President may—
(1) subject to subsection (c), determine that
such title should no longer apply to Ukraine; and
(2) after making a determination under para-
graph (1) with respect to Ukraine, proclaim the ex-
tension of nondiscriminatory treatment (normal
trade relations treatment) to the products of that
country.
(b) TERMINATION OF APPLICATION OF TITLE IV.—
On and after the effective date of the extension under sub-
section (a)(2) of nondiscriminatory treatment to the prod-
ucts of Ukraine, title IV of the Trade Act of 1974 shall
cease to apply to that country.
(c) CERTIFICATION REQUIREMENT.—The President
may make a determination described in subsection (a)(1)
only if the President first certifies to Congress that the
Government of Ukraine—
(1) has adopted and instituted policies that re-
move undue restrictions and harassment on labor or-
ganizations to freely associate, according to inter-
nationally recognized labor rights;
(2) takes additional positive steps to transfer
places of worship and related religious property for
all confessions to their original owners;
(3) has established an independent legal and ju-
dicial system with rule of law that is free of political
interference and corruption;
(4) is committed to providing funding and ad-
ministrative support for reforms of the legislature;
(5) demonstrates a firm commitment to free-
dom of the press by prohibiting physical harm and
intimidation of journalists through such means as
prevention of abuse of tax and libel laws;
(6) adopts and vigorously enforces laws to pro-
hibit the trafficking of women and of illicit narcotics;
(7) accelerates governmental structural reform
and land privatization;
(8) adopts a more comprehensive program to
protect the environment;
(9) supports internationally-recognized stand-
ards of transparency and monitoring of elections;
and
(10) remedies trade disputes involving violation
of intellectual property rights, transshipment of
counterfeit goods, and dumping of such products as
steel into the United States market in such in-
creased quantities as to cause harm to the domestic
industry.
Æ