Suspending Normal Trade Relations with Russia and Belarus Act
PL 117-110 (H.R.7108), enacted 04/08/2022

[117th Congress Public Law 110]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 1159]]

Public Law 117-110
117th Congress

                                 An Act


 
 To suspend normal trade relations treatment for the Russian Federation 
  and the Republic of Belarus, and for other purposes. <<NOTE: Apr. 8, 
                         2022 -  [H.R. 7108]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Suspending 
Normal Trade Relations with Russia and Belarus Act.>> 
SECTION 1. <<NOTE: 19 USC 2101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Suspending Normal Trade Relations 
with Russia and Belarus Act''.
SEC. 2. <<NOTE: 19 USC 2434 note.>>  FINDINGS.

    Congress finds the following:
            (1) The United States is a founding member of the World 
        Trade Organization (WTO) and is committed to ensuring that the 
        WTO remains an effective forum for peaceful economic engagement.
            (2) Ukraine is a sovereign nation-state that is entitled to 
        enter into agreements with other sovereign states and to full 
        respect of its territorial integrity.
            (3) The United States will be unwavering in its support for 
        a secure, democratic, and sovereign Ukraine, free to choose its 
        own leaders and future.
            (4) Ukraine acceded to the Marrakesh Agreement Establishing 
        the World Trade Organization (WTO Agreement) and has been a WTO 
        member since 2008.
            (5) Ukraine's participation in the WTO Agreement creates 
        both rights and obligations vis-a-vis other WTO members.
            (6) The Russian Federation acceded to the WTO on August 22, 
        2012, becoming the 156th WTO member, and the Republic of Belarus 
        has applied to accede to the WTO.
            (7) From the date of its accession, the Russian Federation 
        committed to apply fully all provisions of the WTO.
            (8) The United States Congress authorized permanent normal 
        trade relations for the Russian Federation through the Russia 
        and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of 
        Law Accountability Act of 2012 (Public Law 112-208).
            (9) Ukraine communicated to the WTO General Council on March 
        2, 2022, urging that all WTO members take action against the 
        Russian Federation and ``consider further steps with the view to 
        suspending the Russian Federation's participation in the WTO for 
        its violation of the purpose and principles of this 
        Organization''.
            (10) Vladimir Putin, a ruthless dictator, has led the 
        Russian Federation into a war of aggression against Ukraine, 
        which--

[[Page 136 STAT. 1160]]

                    (A) denies Ukraine and its people their collective 
                rights to independence, sovereignty, and territorial 
                integrity;
                    (B) constitutes an emergency in international 
                relations, because it is a situation of armed conflict 
                that threatens the peace and security of all countries, 
                including the United States; and
                    (C) denies Ukraine its rightful ability to 
                participate in international organizations, including 
                the WTO.
            (11) The Republic of Belarus, also led by a ruthless 
        dictator, Aleksander Lukashenka, is providing important material 
        support to the Russian Federation's aggression.
            (12) The Russian Federation's exportation of goods in the 
        energy sector is central to its ability to wage its war of 
        aggression on Ukraine.
            (13) The United States, along with its allies and partners, 
        has responded to recent aggression by the Russian Federation in 
        Ukraine by imposing sweeping financial sanctions and stringent 
        export controls.
            (14) The United States cannot allow the consequences of the 
        Russian Federation's actions to go unaddressed, and must lead 
        fellow countries, in all fora, including the WTO, to impose 
        appropriate consequences for the Russian Federation's 
        aggression.
SEC. 3. SUSPENSION OF NORMAL TRADE RELATIONS WITH THE RUSSIAN 
                    FEDERATION AND THE REPUBLIC OF BELARUS.

    (a) Nondiscriminatory Tariff Treatment.-- <<NOTE: Effective 
date. Applicability.>> Notwithstanding any other provision of law, 
beginning on the day after the date of the enactment of this Act, the 
rates of duty set forth in column 2 of the Harmonized Tariff Schedule of 
the United States shall apply to all products of the Russian Federation 
and of the Republic of Belarus.

    (b) <<NOTE: President.>>  Authority to Proclaim Increased Column 2 
Rates.--
            (1) In general.--The President may proclaim increases in the 
        rates of duty applicable to products of the Russian Federation 
        or the Republic of Belarus, above the rates set forth in column 
        2 of the Harmonized Tariff Schedule of the United States.
            (2) Prior consultation.-- <<NOTE: Deadline.>> The President 
        shall, not later than 5 calendar days before issuing any 
        proclamation under paragraph (1), consult with the Committee on 
        Ways and Means of the House of Representatives and the Committee 
        on Finance of the Senate regarding the basis for and anticipated 
        impact of the proposed increases to rates of duty described in 
        paragraph (1).
            (3) Termination.--The authority to issue proclamations under 
        this subsection shall terminate on January 1, 2024.
SEC. 4. <<NOTE: President. Time periods.>>  RESUMPTION OF 
                    APPLICATION OF HTS COLUMN 1 RATES OF DUTY AND 
                    RESTORATION OF NORMAL TRADE RELATIONS 
                    TREATMENT FOR THE RUSSIAN FEDERATION AND THE 
                    REPUBLIC OF BELARUS.

    (a) Temporary Application of HTS Column 1 Rates of Duty.--
            (1) In general.--Notwithstanding any other provision of law 
        (including the application of column 2 rates of duty under 
        section 3), the President is authorized to temporarily resume,

[[Page 136 STAT. 1161]]

        for one or more periods not to exceed 1 year each, the 
        application of the rates of duty set forth in column 1 of the 
        Harmonized Tariff Schedule of the United States to the products 
        of the Russian Federation, the Republic of Belarus, or both, if 
        the President submits to Congress with respect to either or both 
        such countries a certification under subsection (c) for each 
        such period. <<NOTE: Effective date.>> Such action shall take 
        effect beginning on the date that is 90 calendar days after the 
        date of submission of such certification for such period, unless 
        there is enacted into law during such 90-day period a joint 
        resolution of disapproval.
            (2) Consultation and report.--The President shall, not later 
        than 45 calendar days before submitting a certification under 
        paragraph (1)--
                    (A) consult with--
                          (i) the Committee on Ways and Means and the 
                      Committee on Foreign Affairs of the House of 
                      Representatives; and
                          (ii) the Committee on Finance and the 
                      Committee on Foreign Relations of the Senate; and
                    (B) submit to all such committees a report that 
                explains the basis for the determination of the 
                President contained in such certification.

    (b) Restoration of Normal Trade Relations Treatment.--
            (1) In general.--The President is authorized to resume the 
        application of the rates of duty set forth in column 1 of the 
        Harmonized Tariff Schedule of the United States to the products 
        of the Russian Federation, the Republic of Belarus, or both, if 
        the President submits to Congress with respect to either or both 
        such countries a certification under subsection 
        (c). <<NOTE: Effective date.>> Such action shall take effect 
        beginning on the date that is 90 calendar days after the date of 
        submission of such certification, unless there is enacted into 
        law during such 90-day period a joint resolution of disapproval.
            (2) Consultation and report.--The President shall, not later 
        than 45 calendar days before submitting a certification under 
        paragraph (1)--
                    (A) consult with--
                          (i) the Committee on Ways and Means and the 
                      Committee on Foreign Affairs of the House of 
                      Representatives; and
                          (ii) the Committee on Finance and the 
                      Committee on Foreign Relations of the Senate; and
                    (B) submit to all such committees a report that 
                explains the basis for the determination of the 
                President contained in such certification.
            (3) Products of the russian federation.--If the President 
        submits pursuant to paragraph (1) a certification under 
        subsection (c) with respect to the Russian Federation and a 
        joint resolution of disapproval is not enacted during the 90-day 
        period described in that paragraph, the President may grant 
        permanent nondiscriminatory tariff treatment (normal trade 
        relations) to the products of the Russian Federation.
            (4) Products of the republic of belarus.--If the President 
        submits pursuant to paragraph (1) a certification under 
        subsection (c) with respect to the Republic of Belarus and a 
        joint resolution of disapproval is not enacted during the

[[Page 136 STAT. 1162]]

        90-day period described in that paragraph, the President may, 
        subject to the provisions of chapter 1 of title IV of the Trade 
        Act of 1974 (19 U.S.C. 2431 et seq.), grant nondiscriminatory 
        tariff treatment (normal trade relations) to the products of the 
        Republic of Belarus.

    (c) Certification.--A certification under this subsection is a 
certification in writing that--
            (1) specifies the action proposed to be taken pursuant to 
        the certification and whether such action is pursuant to 
        subsection (a)(1) or (b)(1) of this section; and
            (2) <<NOTE: Determination.>> contains a determination of the 
        President that the Russian Federation or the Republic of Belarus 
        (or both)--
                    (A) has reached an agreement relating to the 
                respective withdrawal of Russian or Belarusian forces 
                (or both, if applicable) and cessation of military 
                hostilities that is accepted by the free and independent 
                government of Ukraine;
                    (B) poses no immediate military threat of aggression 
                to any North Atlantic Treaty Organization member; and
                    (C) recognizes the right of the people of Ukraine to 
                independently and freely choose their own government.

    (d) Joint Resolution of Disapproval.--
            (1) Definition.--For purposes of this section, the term 
        ``joint resolution of disapproval'' means only a joint 
        resolution--
                    (A) which does not have a preamble;
                    (B) the title of which is as follows: ``Joint 
                resolution disapproving the President's certification 
                under section 4(c) of the Suspending Normal Trade 
                Relations with Russia and Belarus Act.''; and
                    (C) the matter after the resolving clause of which 
                is as follows: ``That Congress disapproves the 
                certification of the President under section 4(c) of the 
                Suspending Normal Trade Relations with Russia and 
                Belarus Act, submitted to Congress on ___'', the blank 
                space being filled in with the appropriate date.
            (2) Introduction in the house of representatives.--During 
        a <<NOTE: Effective date.>>  period of 5 legislative days 
        beginning on the date that a certification under subsection (c) 
        is submitted to Congress, a joint resolution of disapproval may 
        be introduced in the House of Representatives by the majority 
        leader or the minority leader.
            (3) <<NOTE: Effective date.>>  Introduction in the senate.--
        During a period of 5 days on which the Senate is in session 
        beginning on the date that a certification under subsection (c) 
        is submitted to Congress, a joint resolution of disapproval may 
        be introduced in the Senate by the majority leader (or the 
        majority leader's designee) or the minority leader (or the 
        minority leader's designee).
            (4) Floor consideration in the house of representatives.--
                    (A) <<NOTE: Deadline.>>  Reporting and discharge.--
                If a committee of the House to which a joint resolution 
                of disapproval has been referred has not reported such 
                joint resolution within 10 legislative days after the 
                date of referral, that committee shall be discharged 
                from further consideration thereof.
                    (B) <<NOTE: Effective date.>>  Proceeding to 
                consideration.--Beginning on the third legislative day 
                after each committee to which a joint

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                resolution of disapproval has been referred reports it 
                to the House or has been discharged from further 
                consideration thereof, it shall be in order to move to 
                proceed to consider the joint resolution in the House. 
                All points of order against the motion are waived. Such 
                a motion shall not be in order after the House has 
                disposed of a motion to proceed on a joint resolution 
                with regard to the same certification. The previous 
                question shall be considered as ordered on the motion to 
                its adoption without intervening motion. The motion 
                shall not be debatable. A motion to reconsider the vote 
                by which the motion is disposed of shall not be in 
                order.
                    (C) Consideration.--The joint resolution shall be 
                considered as read. All points of order against the 
                joint resolution and against its consideration are 
                waived. The previous question shall be considered as 
                ordered on the joint resolution to final passage without 
                intervening motion except two hours of debate equally 
                divided and controlled by the sponsor of the joint 
                resolution (or a designee) and an opponent. A motion to 
                reconsider the vote on passage of the joint resolution 
                shall not be in order.
            (5) Consideration in the senate.--
                    (A) Committee referral.--A joint resolution of 
                disapproval introduced in the Senate shall be referred 
                to the Committee on Finance.
                    (B) <<NOTE: Deadline.>>  Reporting and discharge.--
                If the Committee on Finance has not reported such joint 
                resolution of disapproval within 10 days on which the 
                Senate is in session after the date of referral of such 
                joint resolution, that committee shall be discharged 
                from further consideration of such joint resolution and 
                the joint resolution shall be placed on the appropriate 
                calendar.
                    (C) Motion to proceed.--Notwithstanding Rule XXII of 
                the Standing Rules of the Senate, it is in order at any 
                time after the Committee on Finance reports the joint 
                resolution of disapproval to the Senate or has been 
                discharged from its consideration (even though a 
                previous motion to the same effect has been disagreed 
                to) to move to proceed to the consideration of the joint 
                resolution, and all points of order against the joint 
                resolution (and against consideration of the joint 
                resolution) shall be waived. The motion to proceed is 
                not debatable. The motion is not subject to a motion to 
                postpone. A motion to reconsider the vote by which the 
                motion is agreed to or disagreed to shall not be in 
                order. If a motion to proceed to the consideration of 
                the joint resolution of disapproval is agreed to, the 
                joint resolution shall remain the unfinished business 
                until disposed of.
                    (D) Debate.--Debate on the joint resolution of 
                disapproval, and on all debatable motions and appeals in 
                connection therewith, shall be limited to not more than 
                10 hours, which shall be divided equally between the 
                majority and minority leaders or their designees. A 
                motion to further limit debate is in order and not 
                debatable. An amendment to, or a motion to postpone, or 
                a motion to proceed to the consideration of other 
                business, or a motion

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                to recommit the joint resolution of disapproval is not 
                in order.
                    (E) Vote on passage.--The vote on passage shall 
                occur immediately following the conclusion of the debate 
                on the joint resolution of disapproval and a single 
                quorum call at the conclusion of the debate, if 
                requested in accordance with the rules of the Senate.
                    (F) Rules of the chair on procedure.--Appeals from 
                the decisions of the Chair relating to the application 
                of the rules of the Senate, as the case may be, to the 
                procedure relating to the joint resolution of 
                disapproval shall be decided without debate.
                    (G) Consideration of veto messages.--Debate in the 
                Senate of any veto message with respect to the joint 
                resolution of disapproval, including all debatable 
                motions and appeals in connection with such joint 
                resolution, shall be limited to 10 hours, to be equally 
                divided between, and controlled by, the majority leader 
                and the minority leader or their designees.
            (6) <<NOTE: Applicability.>>  Procedures in the senate.--
        Except as otherwise provided in this subsection, the following 
        procedures shall apply in the Senate to a joint resolution of 
        disapproval to which this subsection applies:
                    (A) Except as provided in subparagraph (B), a joint 
                resolution of disapproval that has passed the House of 
                Representatives shall, when received in the Senate, be 
                referred to the Committee on Finance for consideration 
                in accordance with this subsection.
                    (B) If a joint resolution of disapproval to which 
                this subsection applies was introduced in the Senate 
                before receipt of a joint resolution of disapproval that 
                has passed the House of Representatives, the joint 
                resolution from the House of Representatives shall, when 
                received in the Senate, be placed on the calendar. If 
                this subparagraph applies, the procedures in the Senate 
                with respect to a joint resolution of disapproval 
                introduced in the Senate that contains the identical 
                matter as the joint resolution of disapproval that 
                passed the House of Representatives shall be the same as 
                if no joint resolution of disapproval had been received 
                from the House of Representatives, except that the vote 
                on passage in the Senate shall be on the joint 
                resolution of disapproval that passed the House of 
                Representatives.
            (7) Rules of the house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) <<NOTE: Applicability.>>  as an exercise of the 
                rulemaking power of the Senate and the House of 
                Representatives, respectively, and as such are deemed a 
                part of the rules of each House, respectively, but 
                applicable only with respect to the procedure to be 
                followed in that House in the case of legislation 
                described in those sections, and supersede other rules 
                only to the extent that they are inconsistent with such 
                rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, in 
                the same

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                manner, and to the same extent as in the case of any 
                other rule of that House.
SEC. 5. COOPERATION AND ACCOUNTABILITY AT THE WORLD TRADE 
                    ORGANIZATION.

    The United States Trade Representative shall use the voice and 
influence of the United States at the WTO to--
            (1) condemn the recent aggression in Ukraine;
            (2) encourage other WTO members to suspend trade concessions 
        to the Russian Federation and the Republic of Belarus;
            (3) consider further steps with the view to suspend the 
        Russian Federation's participation in the WTO; and
            (4) seek to halt the accession process of the Republic of 
        Belarus at the WTO and cease accession-related work.
SEC. 6. REAUTHORIZATION OF SANCTIONS UNDER THE GLOBAL MAGNITSKY 
                    HUMAN RIGHTS ACCOUNTABILITY ACT WITH RESPECT 
                    TO HUMAN RIGHTS VIOLATIONS AND CORRUPTION.

    (a) <<NOTE: Repeal.>>  In General.--Section 1265 of the Global 
Magnitsky Human Rights Accountability Act (subtitle F of title XII of 
Public Law 114-328; 22 U.S.C. 2656 note) is repealed.

    (b) Clerical Amendment.--The table of contents in section 2(b) and 
in title XII of division A of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114-328) <<NOTE: 130 Stat. 2014, 2473.>>  
are each amended by striking the items relating to section 1265.

    Approved April 8, 2022.

LEGISLATIVE HISTORY--H.R. 7108:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Mar. 17, considered and passed House.
            Apr. 7, considered and passed Senate, amended. House 
                concurred in Senate amendment.

                                  <all>