[Congressional Record Volume 150, Number 31 (Thursday, March 11, 2004)]
[Senate]
[Pages S2726-S2727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN:
  S. 2205. A bill to authorize the extension of unconditional and 
permanent nondiscriminatory treatment (permanent normal trade relations 
treatment) to the products of Ukraine, and for other purposes; to the 
Committee on Finance.
  Mr. LEVIN. Mr. President, today I introduce a bill to grant normal 
trade treatment to the products of Ukraine. My brother, Congressman 
Sander Levin, has introduced an identical bill in the House. We 
introduced similar bills in the 107th Congress. It is our hope that 
enactment of this legislation, which builds upon and improves our 
previous legislative efforts, will help build stronger ties between the 
United States and Ukraine.
  Roughly three decades ago, the Jackson-Vanik amendment was included 
in the Trade Act of 1974. While relatively small in number of words, 
this provision helped open up an entire society by exposing the 
repressive tactics of the Soviet Union. By focusing attention on the 
emigration restrictions that the Soviet Union placed on its

[[Page S2727]]

Jewish citizens, the Jackson-Vanik amendment reiterated American 
concern about the wide-scale human rights abuses occurring in the 
Soviet Union. In the process, the Jackson-Vanik amendment played a 
vital role in changing Soviet society.
  The values that for nearly thirty years governed our relations with 
the Soviet Union, democracy, freedom and the rule of law, remain 
fundamental values to our nation. This bill seeks to address those 
concerns while recognizing the anachronistic nature of applying 
Jackson-Vanik to Ukraine. In addition, this bill provides Congress with 
a meaningful and effective tool to ensure that U.S. interests are fully 
addressed in World Trade Organization negotiations for Ukraine.
  Ukraine does allow its citizens the right and opportunity to 
emigrate. Ukraine has been certified as meeting the Jackson-Vanik 
requirements on an annual basis since 1992 when a bilateral trade 
agreement went into effect. It is now time for the United States 
recognize this reality by eliminating the Jackson-Vanik restrictions 
and granting Ukraine normal trading status on a permanent basis. Our 
bill does this while addressing traditional Jackson-Vanik issues such 
as emigration, religious freedom, restoration of property, and human 
rights. These are the issues that led to the creation of the Jackson-
Vanik amendment, and we should not ignore them at this time.
  Ukraine has taken some steps toward the creation of democratic 
institutions and a free-market economy, but much more remains to be 
done. The way in which Ukraine's October 2004 presidential elections 
are conducted will go a long way toward determining the future path 
this important strategic partner and ally will take.
  The world is closely watching the process and conduct of this year's 
presidential elections in Ukraine. Free and fair elections, regardless 
of their final outcome, will be an important step toward Ukraine's 
rapproachment with the community of nations. This election will be 
vital for the process by which it is conducted. Thus far, there remains 
reason for concern.
  In Ukraine, there are many working to promote free and fair 
elections; however, the staff of many civic and non-governmental 
organizations are being harassed, intimidated and even physically 
harmed. In addition, members of the media are facing similarly hostile 
and life threatening situations. Just this month, Ukrainian affiliates 
of Radio Free Europe and Radio Liberty have been taken off the air, 
arrested and had their stations raided. Such actions are inexcusable 
and not in keeping with the fundamental values of freedom, openness and 
the rule of law. It is my hope that the October 2004 elections will aid 
Ukraine's transformation from a nation where fear undermines public 
discourse into a nation where all facets of society can freely engage 
in the market-place of ideas without fear of recrimination. The 
Ukrainian people deserve no less.
  Jackson-Vanik no longer applies to Ukraine and should be waived. But 
we need to utilize other ways to address the many problems facing 
Ukraine. I also hope that this legislation will remind Ukraine of the 
benefits it can and will accrue when it rightfully assumes its place 
among those nations that are guided by democracy, transparency and the 
rule of law.
                                 ______