Russia PNTR - March 2003

 

 

 

Congress Considers "Permanent Normal Trade Relations" for Russia

House bill
Statement by Rep. Sander Levin, Ranking Member, House Ways and Means Trade Subcommittee


Senate bill by Sen. Lugar, Chairman, Senate Foreign Relation Committee
Statement on introduction 


Senate bill by Sen. Baucus, Ranking Member, Senate Finance Committee
Statement on introduction


Statement on "Jackson-Vanik" by Sen. Carl Levin

Media Coverage: Associated Press Reuters RIA Novosti Washington Times

January 2003: Democrats Set for Russia PNTR

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108th CONGRESS

1st Session

H.R. 1224

A bill to authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of the Russian Federation, and for other purposes; to the Committee on Ways and Means, and in addition to the Committees on International Relations, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. 

IN THE HOUSE OF REPRESENTATIVES

March 12, 2003

Mr. RANGEL (for himself, Mr. PITTS, Mr. CARDIN, and Mr. LEVIN)

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A BILL

To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of the Russian Federation, 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) the Russian Federation has adopted constitutional protections and statutory and administrative procedures that accord 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 or to return to the Russian Federation;

(2) the Russian Federation has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1994;

(3) the Russian Federation 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 (in this Act referred to as the `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 Russian Federation is committed to addressing issues relating to its national and religious minorities as a participating state of the OSCE, to adopting measures to ensure that persons belonging to national minorities have full equality both individually and communally, and to respecting the independence of minority religious communities, although problems still exist regarding the registration of religious groups, visa, and immigration requirements, and other laws, regulations, and practices that interfere with the activities or internal affairs of minority religious communities;

(5) the Russian Federation has enacted legislation providing protection against discrimination or incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, including anti-Semitism;

(6) the Russian Federation has committed itself, including through exchanges of letters, to ensuring freedom of religion, equal treatment of all religious groups, and combating racial, ethnic, and religious intolerance and hatred, including anti-Semitism;

(7) the Russian Federation has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations;

(8) the Russian Federation is continuing the restitution of religious properties, including religious and communal properties confiscated from national and religious minorities during the Soviet era, facilitating the reemergence of these minority groups in the national life of the Russian Federation, and has committed itself, including through exchanges of letters, to continue the restitution of such properties;

(9) the Russian Federation has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 17, 1992;

(10) the Russian Federation is making progress toward accession to the World Trade Organization, recognizing that many central issues remain to be resolved, including removal of unjustified restrictions on agricultural products of the United States, commitments relating to tariff reductions for goods, trade in services, protection of intellectual property rights, reform of the industrial energy sector, elimination of export incentives for industrial goods, reform of customs procedures and technical, sanitary, and phytosanitary measures, and inclusion of trade remedy provisions;

(11) the Russian Federation has enacted some protections reflecting internationally recognized labor rights, but serious gaps remain both in the country's legal regime and its enforcement record;

(12) the Russian Federation has provided constitutional guarantees of freedom of the press, although infringements of this freedom continue to occur; and

(13) the Russian Federation has demonstrated a strong desire to build a friendly and cooperative relationship with the United States.

 

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO THE RUSSIAN FEDERATION.

(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 the Russian Federation; and

(2) after making a determination under paragraph (1) with respect to the Russian Federation, 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 the Russian Federation, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country.

SEC. 3. POLICY OF THE UNITED STATES.

It is the policy of the United States to remain fully committed to a multifaceted engagement with the Russian Federation, including by--

(1) urging the Russian Federation to ensure that its national, regional, and local laws, regulations, practices, and policies fully, and in conformity with the standards of the OSCE--

(A) provide for the free emigration of its citizens;

(B) safeguard religious liberty throughout the Russian Federation, including by ensuring that the registration of religious groups, visa and immigration requirements, and other laws, regulations, and practices are not used to interfere with the activities or internal affairs of minority religious communities;

(C) enforce and enhance existing Russian laws at the national and local levels to combat ethnic, religious, and racial discrimination and related violence;

(D) expand the restitution of religious and communal properties, including by establishing a legal framework for the timely completion of such restitution; and

(E) respect fully freedom of the press;

(2) working with the Russian Federation, including through the Secretary of Labor and other appropriate executive branch officials, to address the issues described in section 1(11); and

(3) continuing rigorous monitoring by the United States of human rights issues in the Russian Federation, including the issues described in paragraphs (1) and (2), providing assistance to nongovernmental organizations and human rights groups involved in human rights activities in the Russian Federation, and promoting annual discussions and ongoing dialog with the Russian Federation regarding those issues, including the participation of United States and Russian 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 subparagraphs (A) through (D) of section 3(1).

SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 17, 1992, BILATERAL TRADE AGREEMENT.

(a) FINDING- The Congress finds that the trade agreement between the United States and the Russian Federation that entered into force on June 17, 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 the Russian Federation.

(b) APPLICABILITY OF SAFEGUARD- Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) shall apply to the Russian Federation to the same extent as such section applies to the People's Republic of China.

SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION NEGOTIATIONS.

(a) NOTICE OF AGREEMENT ON ACCESSION TO WTO BY RUSSIAN FEDERATION- Not later than 5 days after the date on which the United States has entered into a bilateral agreement with the Russian Federation on the terms of accession by the Russian Federation to the World Trade Organization, the President shall so notify the Congress, and the President shall transmit to the Congress, not later than 15 days after that agreement is entered into, a report that sets forth the provisions of that agreement.

(b) RESOLUTION OF DISAPPROVAL-

(1) INTRODUCTION- If a resolution of disapproval 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 the Congress under subsection (a) of the agreement referred to in that subsection, that resolution of disapproval shall be considered in accordance with this subsection.

(2) RESOLUTION OF DISAPPROVAL- In this subsection, the term `resolution of disapproval' means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: `That the Congress does not approve the agreement between the United States and the Russian Federation on the terms of accession by the Russian Federation to the World Trade Organization, of which Congress was notified on XX.', with the blank space being filled with the appropriate date.

(3) PROCEDURES FOR CONSIDERING RESOLUTIONS-

(A) INTRODUCTION AND REFERRAL- Resolutions of disapproval--

(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 resolution of disapproval 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 the Congress--

(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures 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.

Additional legislative information

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Statement By Sen. Baucus on Introduction of S. 624 (Congressional Record, S3742-S3742)

Mr. BAUCUS. Mr. President, I rise today to introduce the U.S.-Russia Trade Act of 2003.

   This legislation would grant Permanent Normal Trade Relations to Russia. However--and I want to be very clear about this point--this legislation would also ensure that Congress retains proper oversight of negotiations to bring Russia into the World Trade Organization.

   Congress typically grants PNTR to a Jackson-Vanik country only when that country is about to join the WTO. This is, for example, exactly what Congress did when China joined the WTO.

   The Administration and some of my colleagues have suggested that Congress should grant PNTR to Russia

prior to their joining the WTO. If we are going to do down this path, we must ensure that there is adequate Congressional oversight.

   This legislation would ensure Congressional involvement in the following way: after negotiations are completed, Congress would be guaranteed a vote on a resolution to disapprove of Russia's joining the WTO, if such a resolution is introduced.

   Congress has a key role to play in negotiating an agreement on Russia's entering the WTO. China's WTO accession demonstrates this. The Administration was able to obtain a better deal with China because of Congressional involvement.

   And there are some real concerns with Russia. The Russian government has announced that it plans to add additional restrictions on imports of U.S. agricultural products, including poultry, pork, and beef. That's unacceptable, and it is behavior that should not be rewarded.

   I look forward to working with my colleagues to ensure that Congress continues to have an important role in Russia's accession to the WTO.

108th CONGRESS

1st Session

S. 624

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

IN THE SENATE OF THE UNITED STATES

March 13, 2003

Mr. BAUCUS (for himself and MR. LEVIN) introduced the following bill; which was read twice and referred to the Committee on Finance

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To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of the Russian Federation, 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) the Russian Federation has adopted constitutional protections and statutory and administrative procedures that accord 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 or to return to the Russian Federation;

(2) the Russian Federation has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1994;

(3) the Russian Federation 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 (in this Act referred to as the `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 Russian Federation is committed to addressing issues relating to its national and religious minorities as a participating state of the OSCE, to adopting measures to ensure that persons belonging to national minorities have full equality both individually and communally, and to respecting the independence of minority religious communities, although problems still exist regarding the registration of religious groups, visa, and immigration requirements, and other laws, regulations, and practices that interfere with the activities or internal affairs of minority religious communities;

(5) the Russian Federation has enacted legislation providing protection against discrimination or incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, including anti-Semitism;

(6) the Russian Federation has committed itself, including through exchanges of letters, to ensuring freedom of religion, equal treatment of all religious groups, and combating racial, ethnic, and religious intolerance and hatred, including anti-Semitism;

(7) the Russian Federation has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations;

(8) the Russian Federation is continuing the restitution of religious properties, including religious and communal properties confiscated from national and religious minorities during the Soviet era, facilitating the reemergence of these minority groups in the national life

of the Russian Federation, and has committed itself, including through exchanges of letters, to continue the restitution of such properties;

(9) the Russian Federation has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 17, 1992;

(10) the Russian Federation is making progress toward accession to the World Trade Organization, recognizing that many central issues remain to be resolved, including removal of unjustified restrictions on agricultural products of the United States, commitments relating to tariff reductions for goods, trade in services, protection of intellectual property rights, reform of the industrial energy sector, elimination of export incentives for industrial goods, reform of customs procedures and technical, sanitary, and phytosanitary measures, and inclusion of trade remedy provisions;

(11) the Russian Federation has enacted some protections reflecting internationally recognized labor rights, but serious gaps remain both in the country's legal regime and its enforcement record;

(12) the Russian Federation has provided constitutional guarantees of freedom of the press, although infringements of this freedom continue to occur; and

(13) the Russian Federation has demonstrated a strong desire to build a friendly and cooperative relationship with the United States.

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO THE RUSSIAN FEDERATION.

(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 the Russian Federation; and

(2) after making a determination under paragraph (1) with respect to the Russian Federation, 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 the Russian Federation, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country.

SEC. 3. POLICY OF THE UNITED STATES.

It is the policy of the United States to remain fully committed to a multifaceted engagement with the Russian Federation, including by--

1) urging the Russian Federation to ensure that its national, regional, and local laws, regulations, practices, and policies fully, and in conformity with the standards of the OSCE--

(A) provide for the free emigration of its citizens;

(B) safeguard religious liberty throughout the Russian Federation, including by ensuring that the registration of religious groups, visa and immigration requirements, and other laws, regulations, and practices are not used to interfere with the activities or internal affairs of minority religious communities;

(C) enforce and enhance existing Russian laws at the national and local levels to combat ethnic, religious, and racial discrimination and related violence;

(D) expand the restitution of religious and communal properties, including by establishing a legal framework for the timely completion of such restitution; and

(E) respect fully freedom of the press;

(2) working with the Russian Federation, including through the Secretary of Labor and other appropriate executive branch officials, to address the issues described in section 1(11); and

(3) continuing rigorous monitoring by the United States of human rights issues in the Russian Federation, including the issues described in paragraphs (1) and (2), providing assistance to nongovernmental organizations and human rights groups involved in human rights activities in the Russian Federation, and promoting annual discussions and ongoing dialog with the Russian Federation regarding those issues, including the participation of United States and Russian 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 subparagraphs (A) through (D) of section 3(1).

SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 17, 1992, BILATERAL TRADE AGREEMENT.

(a) FINDING- The Congress finds that the trade agreement between the United States and the Russian Federation that entered into force on June 17, 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 the Russian Federation.

(b) APPLICABILITY OF SAFEGUARD- Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) shall apply to the Russian Federation to the same extent as such section applies to the People's Republic of China.

SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION NEGOTIATIONS.

(a) NOTICE OF AGREEMENT ON ACCESSION TO WTO BY RUSSIAN FEDERATION- Not later than 5 days after the date on which the United States has entered into a bilateral agreement with the Russian Federation on the terms of accession by the Russian Federation to the World Trade Organization, the President shall so notify the Congress, and the President shall transmit to the Congress, not later than 15 days after that agreement is entered into, a report that sets forth the provisions of that agreement.

(b) RESOLUTION OF DISAPPROVAL-

(1) INTRODUCTION- If a resolution of disapproval 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 the Congress under subsection (a) of the agreement referred to in that subsection, that resolution of disapproval shall be considered in accordance with this subsection.

(2) RESOLUTION OF DISAPPROVAL- In this subsection, the term `resolution of disapproval' means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: `That the Congress does not approve the agreement between the United States and the Russian Federation on the terms of accession by the Russian Federation to the World Trade Organization, of which Congress was notified on XX.', with the blank space being filled with the appropriate date.

(3) PROCEDURES FOR CONSIDERING RESOLUTIONS-

(A) INTRODUCTION AND REFERRAL- Resolutions of disapproval--

(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 resolution of disapproval 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 the Congress--

(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures 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.

END

 

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108th CONGRESS

1st Session

S. 580

To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Russia.

IN THE SENATE OF THE UNITED STATES

March 10, 2003

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

 

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A BILL

To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Russia

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress finds that Russia--

(1) 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) has received normal trade relations treatment since 1992 and has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1994;

(3) since the establishment of the Russian Federation in 1991, has made substantial progress toward the creation of a free-market economy;

(4) has committed itself to ensuring freedom of religion and preventing intolerance;

(5) has committed itself to continuing its efforts to return religious property to religious organizations in accordance with existing Russian law;

(6) has taken significant steps demonstrating its intentions to build a friendly and cooperative relationship with the United States;

(7) has concluded a bilateral trade agreement with the United States that entered into force on June 17, 1992; and

(8) is in the process of acceding to the World Trade Organization.

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO RUSSIA.

(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 Russia; and

(2) after making a determination under paragraph (1) with respect to Russia, 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 Russia, title IV of the Trade Act of 1974 shall cease to apply to that country.

END

 

Additional Cosponsors:
Sen. Chuck Hagel - 3/20/2003 [NE]	Sen. Jon Kyl - 3/20/2003 [AZ]
Sen. Trent Lott - 3/20/2003 [MS]	Sen. Lincoln D. Chafee - 04/03/03 [RI]

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