I
107TH CONGRESS
2D SESSION
H. R. 4723
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to the products of Ukraine, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 2002
Mr. LEVIN introduced the following bill; which was referred to the Committee
on Ways and Means, and in addition to the Committee on International
Relations, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To authorize the extension of nondiscriminatory treatment
(normal trade relations treatment) to the products of
Ukraine, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that—
(1) Ukraine allows its citizens the right and op-
portunity to emigrate, free of any heavy tax on emi-
gration or on the visas or other documents required
for emigration 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;
(2) Ukraine has been found to be in full compli-
ance with the freedom of emigration requirements
under title IV of the Trade Act of 1974 since 1997;
(3) since reestablishing independence in 1991,
Ukraine has taken important steps toward the cre-
ation of democratic institutions and a free-market
economy and, as a member state of the Organization
for Security and Cooperation in Europe (OSCE), is
committed to developing a system of governance in
accordance with the principles regarding human
rights and humanitarian affairs that are set forth in
the Final Act of the Conference on Security and Co-
operation in Europe (also known as the ‘‘Helsinki
Final Act’’);
(4) Ukraine has shown progress towards meet-
ing international commitments and standards in its
most recent Parliamentary elections, recognizing
that significant problems remain, including short-
comings in the implementation of Ukraine’s election
laws, illegal interference by public authorities in the
electoral process, and intimidation against opposition
contestants, activists, and voters.
(5) Ukraine is committed to addressing issues
relating to its national and religious minorities as a
member state of the OSCE and to adopting meas-
ures to ensure that persons belonging to national
minorities have full equality both individually and
communally;
(6) Ukraine has enacted legislation providing
protection against incitement to violence against per-
sons or groups based on national, racial, ethnic, or
religious discrimination, hostility, or hatred, includ-
ing anti-Semitism, and has committed itself, includ-
ing through a letter to the President of the United
States, to ensuring freedom of religion and pre-
venting racial and ethnic intolerance and hatred;
(7) Ukraine has engaged in efforts to combat
ethnic and religious intolerance by cooperating with
various United States nongovernmental organiza-
tions;
(8) Ukraine is continuing the restitution of reli-
gious properties, including religious and communal
properties confiscated from national and religious
minorities during the Soviet era, is facilitating the
revival of those minority groups, and is in the proc-
ess of developing a legislative framework for com-
pleting this process, as was confirmed in a letter to
the President of the United States;
(9) Ukraine has received normal trade relations
treatment since concluding a bilateral trade agree-
ment with the United States that entered into force
on June 23, 1992;
(10) Ukraine is making progress toward acces-
sion to the World Trade Organization, recognizing
that many central issues remain to be resolved, in-
cluding commitments relating to protection of intel-
lectual property rights, tariff and excise tax reduc-
tions for goods (including automobiles), trade in
services, agricultural subsidy levels, elimination of
export incentives for industrial goods, reform of cus-
toms procedures and technical, sanitary, and
phytosanitary measures, and inclusion of trade rem-
edy provisions;
(11) Ukraine has enacted some protections re-
flecting internationally recognized labor rights, but
serious gaps remain both in the country’s legal re-
gime and its enforcement record, with areas of par-
ticular concern including restrictions on independent
unions, interference in collective bargaining of inde-
pendent unions, and unsafe conditions at work;
(12) Ukraine has established exemplary rela-
tions with all neighboring countries, and pursues a
course of European integration with a commitment
to ensuring democracy and prosperity for its citi-
zens; and
(13) Ukraine has participated with the United
States in its peacekeeping operations in Europe and
has provided important cooperation in the global
struggle against international terrorism.
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) 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—
(1) title IV of the Trade Act of 1974, except for
section 406, shall cease to apply to that country; and
(2) section 406 of the Trade Act of 1974 shall
apply to Ukraine to the same extent as such section
applies to a Communist country.
SEC. 3. POLICY OF THE UNITED STATES.
It is the policy of the United States that the United
States remain fully committed to a multifaceted engage-
ment with Ukraine, including by—
(1) urging Ukraine to continue its current
policy—
(A) of providing for the free emigration of
its citizens;
(B) 
of 
safeguarding 
religious 
liberty
throughout Ukraine;
(C) of enforcing existing Ukrainian laws at
the national and local levels to combat ethnic,
religious, and racial discrimination and violence;
and
(D) of expanding the restitution of reli-
gious and communal properties, including es-
tablishing a legal framework for the completion
of such restitution in the future;
(2) working with Ukraine, including through
the Secretary of Labor and other appropriate execu-
tive branch officials, to address the areas described
in section 1(11) and ensuring that progress is made
in such areas as part of Ukraine’s eligibility for the
Generalized System of Preferences under title V of
the Trade Act of 1974, as required by title V of that
Act;
(3) ensuring that Ukraine’s terms of accession
to the World Trade Organization provide meaningful
market access opportunities for United States busi-
nesses, farmers, and workers, and promote adoption
of market principles and policies by Ukraine;
(4) ensuring that Ukraine makes substantial
and meaningful progress in enacting and enforcing
the protection of intellectual property before Ukraine
joins the World Trade Organization, and considering
such progress as part of Ukraine’s eligibility for the
Generalized System of Preferences under title V of
the Trade Act of 1974, as required by title V of that
Act; and
(5) continuing rigorous monitoring by the
United States of human rights issues in Ukraine, in-
cluding the issues described in paragraphs (1) and
(2), providing assistance to nongovernmental organi-
zations and human rights groups involved in human
rights activities in Ukraine, and attempting to estab-
lish annual discussions with Ukraine regarding those
issues, including the participation of United States
and Ukrainian nongovernmental organizations in
such discussions.
SEC. 4. REPORTING REQUIREMENT.
The reports required by sections 102(b) and 203 of
the International Religious Freedom Act of 1998 (22
U.S.C. 6412(b) and 6433) shall include an assessment of
the status of the issues described in section 3(1).
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