[Weekly Compilation of Presidential Documents Volume 44, Number 12 (Monday, March 31, 2008)]
[Page 447]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Determinations Under Section 1106(a) of the Omnibus Trade 
and Competitiveness Act of 1988--Ukraine

March 28, 2008

 Presidential Determination No. 2008-17

Memorandum for the United States Trade Representative

Subject: Determinations under Section 1106(a) of the Omnibus Trade and 
Competitiveness Act of 1988--Ukraine

    Pursuant to section 1106(a) of the Omnibus Trade and Competitiveness 
Act of 1988 (19 U.S.C. 2905(a)) (the ``Act''), I determine that state 
trading enterprises account for a significant share of Ukraine's exports 
and goods that compete with imports into Ukraine. I further determine 
that such state trading enterprises unduly burden and restrict, or 
adversely affect, the foreign trade of the United States or the United 
States economy, or are likely to result in such burden, restriction, or 
effect.
    Ukraine is seeking to become a member of the World Trade 
Organization (WTO). The terms and conditions for Ukraine's accession to 
the WTO include Ukraine's commitments that it will ensure that all state 
trading enterprises will make purchases of goods and services that are 
not intended for governmental use, and sales in international trade in 
accordance with commercial considerations (including price, quality, 
availability, marketability, and transportation) and that U.S. firms 
will have an adequate opportunity, in conformity with customary 
practice, to compete for such purchases or sales.
    The obligations that Ukraine will assume under the WTO Agreement, 
including Ukraine's protocol of accession, meet the requirements of 
section 1106(b)(2)(A) of the Act (19 U.S.C. 2905(b)(2)(A)), and thus my 
determinations under section 1106(a) do not require invocation of the 
nonapplication provisions of the Marrakesh Agreement Establishing the 
WTO with regard to Ukraine.
    You are directed to publish this determination in the Federal 
Register.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 8:53 a.m., March 31, 
2008]

Note: This memorandum will be published in the Federal Register on April 
1.