II 109th CONGRESS 1st Session S. 410 IN THE SENATE OF THE UNITED STATES February 16, 2005 Mr. McCain 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.

1.

Findings

Congress finds that— (1)Ukraine— (A)has made considerable progress toward respecting fundamental human rights consistent with the objectives of title IV of the Trade Act of 1974; (B)has adopted administrative procedures that accord its citizens the right to emigrate, travel freely, and to return to their country without restriction; (C)has been found to be in full compliance with the freedom of emigration provisions in title IV of the Trade Act of 1974; (D)has made great progress toward the establishment of a genuine democracy and the creation of a free market economic system; (E)has demonstrated a commitment to adopting the full range of internationally recognized core labor standards and to continuing to improve the effective enforcement of its laws reflecting such standards; (F)has committed to developing a system of governance in accordance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe (also known as the Helsinki Final Act) regarding human rights and humanitarian affairs; (G)has endeavored to address issues related to its national and religious minorities and, as a member state of the Organization for Security and Cooperation in Europe (OSCE), committed to adopting special measures for ensuring that persons belonging to national minorities have full equality individually as well as in community with other members of their group; (H)has enacted legislation providing protection against incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, including anti-Semitism, and has committed itself, including through a December 17, 2001, letter from the President of Ukraine to the President of the United States, to ensuring freedom of religion and combating racial and ethnic intolerance and hatred; (I)has continued to return communal properties confiscated from national and religious minorities during the Soviet period, facilitating the reemergence of these communities in the national life of Ukraine, and establishing the legal framework for completion of this process in the future; (J)concluded a bilateral trade agreement with the United States in 1992 and a bilateral investment treaty in 1994; (K)has demonstrated a strong desire to build a friendly and cooperative relationship with the United States; and (L)is seeking admission to the World Trade Organization (WTO) on an expedited basis; and (2)extension of unconditional normal trade relations treatment to the products of Ukraine will enable the United States to avail itself of all rights under the World Trade Organization with respect to Ukraine.

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, title IV of the Trade Act of 1974 shall cease to apply to that country.