[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3089 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3089

To authorize the extension of nondiscriminatory treatment (normal trade 
    relations treatment) to the products of Ukraine, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 10, 2002

   Mr. Levin introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) Ukraine 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 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 compliance 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 creation 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 Cooperation in Europe (also known as 
        the ``Helsinki Final Act'');
            (4) Ukraine has shown progress towards meeting 
        international commitments and standards in its most recent 
        Parliamentary elections, recognizing that significant problems 
        remain, including shortcomings 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 measures 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 persons or groups based 
        on national, racial, ethnic, or religious discrimination, 
        hostility, or hatred, including anti-Semitism, and has 
        committed itself, including through a letter to the President 
        of the United States, to ensuring freedom of religion and 
        preventing 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 organizations;
            (8) Ukraine is continuing the restitution of religious 
        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 process of developing a legislative 
        framework for completing 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 agreement with the United 
        States that entered into force on June 23, 1992;
            (10) Ukraine is making progress toward accession to the 
        World Trade Organization, recognizing that many central issues 
        remain to be resolved, including commitments relating to 
        protection of intellectual property rights, tariff and excise 
        tax reductions for goods (including automobiles), trade in 
        services, agricultural subsidy levels, elimination of export 
        incentives for industrial goods, reform of customs procedures 
        and technical, sanitary, and phytosanitary measures, and 
        inclusion of trade remedy provisions;
            (11) Ukraine has enacted some protections reflecting 
        internationally recognized labor rights, but serious gaps 
        remain both in the country's legal regime and its enforcement 
        record, with areas of particular concern including restrictions 
        on independent unions, interference in collective bargaining of 
        independent unions, and unsafe conditions at work;
            (12) Ukraine has established exemplary relations with all 
        neighboring countries, and pursues a course of European 
        integration with a commitment to ensuring democracy and 
        prosperity for its citizens; 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 Extensions of Nondiscriminatory 
Treatment.--Notwithstanding 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 paragraph (1) with 
        respect to Ukraine, proclaim the extension 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 subsection (a)(2) of 
nondiscriminatory treatment to the products 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 engagement 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 religious and 
                communal properties, including establishing 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 executive 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 businesses, 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, including the issues described 
        in paragraphs (1) and (2), providing assistance to 
        nongovernmental organizations and human rights groups involved 
        in human rights activities in Ukraine, and attempting to 
        establish 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).
                                 <all>