1.
Congress finds that—
(1)
Ukraine allows its citizens
the right and opportunity to emigrate, free of anything more than a nominal 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 participating 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
) and successive documents;
(4)
the people of Ukraine deserve
praise for demonstrating a deep commitment to democracy and through peaceful
civil action demanding a process that achieved a fair election in Ukraine's
most recent Presidential runoff;
(5)
Ukraine has made progress
toward meeting international commitments and standards in the most recent
Presidential runoff elections, including in the implementation of Ukraine's new
elections laws;
(6)
as a participating state of
the Organization for Security and Co-operation in Europe (OSCE), Ukraine is
committed to addressing issues relating to its national and religious
minorities and to adopting measures to ensure that persons belonging to
national minorities have full equality both individually and communally;
(7)
Ukraine 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 letter
to the President of the United States, to ensuring freedom of religion and
combating racial and ethnic intolerance and hatred;
(8)
Ukraine has engaged in
efforts to combat ethnic and religious intolerance by cooperating with various
United States nongovernmental organizations;
(9)
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 remains
committed to developing a legislative framework for completing this process, as
promised in a letter to the President of the United States;
(10)
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;
(11)
Ukraine's accession to the
World Trade Organization would be a welcome step, recognizing that many issues
remain to be resolved, including commitments relating to access of United
States agricultural products, protection of intellectual property rights,
tariff and excise tax reductions for goods (including automobiles), trade in
services, elimination of export incentives for industrial goods, and reform of
customs procedures and other non-tariff barriers;
(12)
Ukraine has enacted
protections reflecting internationally recognized labor rights;
(13)
as a participating state of
the OSCE, Ukraine has committed itself to respecting freedom of the press, and
the new administration has affirmed this commitment;
(14)
Ukraine has stated its desire
to pursue a course of Euro-Atlantic integration with a commitment to ensuring
democracy and prosperity for its citizens; and
(15)
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.
2.
Termination of application of title iv of the trade act of 1974
to ukraine
(a)
Presidential determinations and extension of unconditional and
permanent 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
unconditional and permanent nondiscriminatory treatment (permanent 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, chapter 1 of title IV of the Trade Act of 1974 shall
cease to apply to that country.
3.
It is the sense of Congress
that the United States remain fully committed to a multifaceted engagement with
Ukraine, including by—
(1)
encouraging Ukraine to
continue to meet its commitments as a participating member of the OSCE and
welcoming further progress on implementing 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;
(D)
of expanding the restitution
of religious and communal properties, including establishing a legal framework
for the completion of such restitution in the future;
(E)
of meeting international
standards of democracy, including implementation of newly adopted election
laws;
(F)
of creating a more
independent legal and judicial system, governed by the rule of law, and free of
political interference and corruption; and
(G)
of respecting media freedoms
fully, including by prohibiting physical harm to and intimidation of
journalists;
(2)
supporting Ukraine's efforts
to make further market-oriented reforms, to pursue a policy of Euro-Atlantic
integration, to join the WTO, and to combat corruption;
(3)
supporting Ukraine's efforts
to make substantial and meaningful progress in enacting and enforcing the
protection of intellectual property rights; and
(4)
working with Ukraine to
ensure quick resolution of trade disputes that may arise, particularly in the
intellectual property, poultry, and other agricultural sectors.
4.
Continued enjoyment of rights under the June 23, 1992,
bilateral trade agreement
(a)
Congress finds that the trade
agreement between the United States and Ukraine that entered into force on June
23, 1992, remains in force between the 2 countries and provides the United
States with important rights, including the right to use specific safeguard
rules to respond to import surges from Ukraine.
(b)
Applicability of safeguard
Section 421 of the Trade Act
of 1974 (19 U.S.C. 2451) shall apply to Ukraine to the same extent as such
section applies to the People's Republic of China, so long as the trade
agreement described in subsection (a) remains in force.
5.
Exercise of congressional oversight over wto accession
negotiations
(a)
Notice of agreement on accession to WTO by ukraine
Not later than 5 days after
the date on which the United States has entered into a bilateral agreement with
Ukraine on the terms of accession by Ukraine to the World Trade Organization,
the President shall so notify Congress, and the President shall transmit to
Congress, not later than 15 days after that agreement is entered into, a report
that sets forth the provisions of that agreement.
(b)
Congressional oversight resolution
(1)
If a Congressional Oversight
Resolution is introduced in the House of Representatives or the Senate during
the 30-day period (not counting any day which is excluded under section 154(b)
of the Trade Act of 1974 (19 U.S.C. 2194(b)), beginning on the date on which
the President first notifies Congress under subsection (a) of the agreement
referred to in that subsection, that Congressional Oversight Resolution shall
be considered in accordance with this subsection.
(2)
Congressional oversight resolution
In this subsection, the term
Congressional Oversight Resolution
means only a joint resolution
of the two Houses of Congress, the matter after the resolving clause of which
is as follows: That it is the sense of the Congress that the agreement
between the United States and Ukraine on the terms of accession by Ukraine to
the World Trade Organization, of which Congress was notified on ________, does
not adequately advance the interests of the United States.
, with the
blank space being filled with the appropriate date.
(3)
Procedures for considering resolutions
(A)
Introduction and referral
A Congressional Oversight
Resolution—
(i)
in the House of
Representatives—
(I)
may be introduced by any
Member of the House;
(II)
shall be referred to the
Committee on Ways and Means and, in addition, to the Committee on Rules;
and
(III)
may not be amended by either
Committee; and
(ii)
in the Senate—
(I)
may be introduced by any
Member of the Senate;
(II)
shall be referred to the
Committee on Finance; and
(III)
may not be amended.
(B)
Committee discharge and floor consideration
The provisions of subsections
(c) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192 (c)
through (f)) (relating to committee discharge and floor consideration of
certain resolutions in the House and Senate) apply to a Congressional Oversight
Resolution to the same extent as such subsections apply to resolutions under
such section.
(c)
Rules of house of representatives and senate
Subsection (b) is enacted by
Congress—
(1)
as an exercise of the
rulemaking power of the House of Representatives and the Senate, respectively,
and as such is deemed a part of the rules of each House, respectively, and the
procedures described in such subsection supersede other rules only to the
extent that they are inconsistent with such other rules; and
(2)
with the full recognition of
the constitutional right of either House to change the rules (so far as
relating to the procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.