[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6156 Reported in House (RH)]
Union Calendar No. 454
112th CONGRESS
2d Session
H. R. 6156
[Report No. 112-632]
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to products of the Russian Federation and Moldova
and to require reports on the compliance of the Russian Federation with
its obligations as a member of the World Trade Organization, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2012
Mr. Camp (for himself, Mr. Levin, Mr. Brady of Texas, Mr. McDermott,
Mr. Reichert, Mr. Rangel, Mr. Roskam, Mr. Blumenauer, Mr. Paulsen, and
Mr. Crowley) introduced the following bill; which was referred to the
Committee on Ways and Means
July 31, 2012
Additional sponsors: Mr. Grimm, Mr. Mulvaney, Mr. Boustany, Mr. Rokita,
and Mr. Meeks
July 31, 2012
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to products of the Russian Federation and Moldova
and to require reports on the compliance of the Russian Federation with
its obligations as a member of the World Trade Organization, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Russia and Moldova
Jackson-Vanik Repeal Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PERMANENT NORMAL TRADE RELATIONS FOR THE RUSSIAN FEDERATION
Sec. 101. Findings.
Sec. 102. Termination of application of title IV of the Trade Act of
1974 to products of the Russian Federation.
TITLE II--TRADE ENFORCEMENT MEASURES RELATING TO THE RUSSIAN FEDERATION
Sec. 201. Reports on implementation by the Russian Federation of
obligations as a member of the World Trade
Organization and enforcement actions by the
United States Trade Representative.
Sec. 202. Promotion of the rule of law in the Russian Federation to
support United States trade and investment.
Sec. 203. Reports on laws, policies, and practices of the Russian
Federation that discriminate against United
States digital trade.
Sec. 204. Efforts to reduce barriers to trade imposed by the Russian
Federation.
TITLE III--PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA
Sec. 301. Findings.
Sec. 302. Termination of application of title IV of the Trade Act of
1974 to products of Moldova.
TITLE I--PERMANENT NORMAL TRADE RELATIONS FOR THE RUSSIAN FEDERATION
SEC. 101. FINDINGS.
Congress finds the following:
(1) The Russian Federation 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 those
citizens to emigrate to the country of their choice.
(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 (19 U.S.C. 2431 et seq.)
since 1994.
(3) The Russian Federation has received normal trade
relations treatment since concluding a bilateral trade
agreement with the United States that entered into force in
1992.
(4) On December 16, 2011, the Ministerial Conference of the
World Trade Organization invited the Russian Federation to
accede to the World Trade Organization.
SEC. 102. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
1974 TO PRODUCTS OF THE RUSSIAN FEDERATION.
(a) Presidential Determinations and Extension 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 the Russian Federation.
(b) Effective Date of Nondiscriminatory Treatment.--The extension
of nondiscriminatory treatment to the products of the Russian
Federation pursuant to subsection (a) shall be effective not sooner
than the effective date of the accession of the Russian Federation to
the World Trade Organization.
(c) Termination of Applicability of Title IV.--On and after the
effective date under subsection (b) of the extension of
nondiscriminatory treatment to the products of the Russian Federation,
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) shall cease
to apply to the Russian Federation.
TITLE II--TRADE ENFORCEMENT MEASURES RELATING TO THE RUSSIAN FEDERATION
SEC. 201. REPORTS ON IMPLEMENTATION BY THE RUSSIAN FEDERATION OF
OBLIGATIONS AS A MEMBER OF THE WORLD TRADE ORGANIZATION
AND ENFORCEMENT ACTIONS BY THE UNITED STATES TRADE
REPRESENTATIVE.
(a) Reports on Implementation.--
(1) In general.--Not later than one year after the
effective date under section 102(b) of the extension of
nondiscriminatory treatment to the products of the Russian
Federation, and annually thereafter, the United States Trade
Representative shall submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives a report assessing the following:
(A) The extent to which the Russian Federation is
implementing the WTO Agreement (as defined in section 2
of the Uruguay Round Agreements Act (19 U.S.C. 3501))
and the following agreements annexed to that Agreement:
(i) The Agreement on the Application of
Sanitary and Phytosanitary Measures (referred
to in section 101(d)(3) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(3))).
(ii) The Agreement on Trade-Related Aspects
of Intellectual Property Rights (referred to in
section 101(d)(15) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(15))).
(B) The progress made by the Russian Federation in
acceding to, and the extent to which the Russian
Federation is implementing, the following:
(i) The Ministerial Declaration on Trade in
Information Technology Products of the World
Trade Organization, agreed to at Singapore
December 13, 1996 (commonly referred to as the
``Information Technology Agreement'') (or a
successor agreement).
(ii) The Agreement on Government
Procurement (referred to in section 101(d)(17)
of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(17))).
(2) Plan for action by trade representative.--
(A) In general.--If, in preparing a report required
by paragraph (1), the Trade Representative believes
that the Russian Federation is not fully implementing
an agreement specified in subparagraph (A) or (B) of
that paragraph or that the Russian Federation is not
making adequate progress in acceding to an agreement
specified in subparagraph (B) of that paragraph, the
Trade Representative shall, except as provided in
subparagraph (B) of this paragraph, include in the
report a description of the actions the Trade
Representative plans to take to encourage the Russian
Federation to improve its implementation of the
agreement or increase its progress in acceding to the
agreement, as the case may be.
(B) Classified information.--If any information
regarding a planned action referred to in subparagraph
(A) is classifiable under Executive Order 13526 (75
Fed. Reg. 707; relating to classified national security
information) or a subsequent Executive order, the Trade
Representative shall report that information to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives by--
(i) including the information in a
classified annex to the report required by
paragraph (1); or
(ii) consulting with the Committee on
Finance and the Committee on Ways and Means
with respect to the information instead of
including the information in the report or a
classified annex to the report.
(3) Public comments.--
(A) In general.--In developing the report required
by paragraph (1), the Trade Representative shall
provide an opportunity for the public to comment,
including by holding a public hearing.
(B) Publication in federal register.--The Trade
Representative shall publish notice of the opportunity
to comment and hearing required by subparagraph (A) in
the Federal Register.
(b) Report on Enforcement Actions Taken by Trade Representative.--
Not later than 180 days after the effective date under section 102(b)
of the extension of nondiscriminatory treatment to the products of the
Russian Federation, and annually thereafter, the United States Trade
Representative shall submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a
report describing the enforcement actions taken by the Trade
Representative against the Russian Federation to ensure the full
compliance of the Russian Federation with its obligations as a member
of the World Trade Organization, including obligations under agreements
with members of the Working Party on the accession of the Russian
Federation to the World Trade Organization.
SEC. 202. PROMOTION OF THE RULE OF LAW IN THE RUSSIAN FEDERATION TO
SUPPORT UNITED STATES TRADE AND INVESTMENT.
(a) Reports on Promotion of Rule of Law.--Not later than one year
after the effective date under section 102(b) of the extension of
nondiscriminatory treatment to the products of the Russian Federation,
and annually thereafter, the United States Trade Representative and the
Secretary of State shall jointly submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives a report--
(1) on the measures taken by the Trade Representative and
the Secretary and the results achieved during the year
preceding the submission of the report with respect to
promoting the rule of law in the Russian Federation, including
with respect to--
(A) strengthening formal protections for United
States investors in the Russian Federation, including
through the negotiation of a new bilateral investment
treaty;
(B) advocating for United States investors in the
Russian Federation, including by promoting the claims
of United States investors in Yukos Oil Company;
(C) encouraging all countries that are parties to
the Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation for Economic Co-operation and Development,
done at Paris December 17, 1997 (commonly referred to
as the ``OECD Anti-Bribery Convention''), including the
Russian Federation, to fully implement their
commitments under the Convention to prevent overseas
business bribery by the nationals of those countries;
(D) promoting a customs administration, tax
administration, and judiciary in the Russia Federation
that are free of corruption; and
(E) increasing cooperation between the United
States and the Russian Federation to expand the
capacity for civil society organizations to monitor,
investigate, and report on suspected instances of
corruption; and
(2) that discloses the status of any pending petition for
espousal filed with the Secretary by a United States investor
in the Russian Federation.
(b) Anti-Bribery Reporting and Assistance.--
(1) In general.--The Secretary of Commerce shall establish
and maintain a dedicated phone hotline and secure website,
accessible from within and outside the Russian Federation, for
the purpose of allowing United States entities--
(A) to report instances of bribery, attempted
bribery, or other forms of corruption in the Russian
Federation that impact or potentially impact their
operations; and
(B) to request the assistance of the United States
with respect to issues relating to corruption in the
Russian Federation.
(2) Report required.--
(A) In general.--Not later than one year after the
effective date under section 102(b) of the extension of
nondiscriminatory treatment to the products of the
Russian Federation, and annually thereafter, the
Secretary of Commerce shall submit to the Committee on
Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report that
includes the following:
(i) The number of instances in which
bribery, attempted bribery, or other forms of
corruption have been reported using the hotline
or website established pursuant to paragraph
(1).
(ii) A description of the regions in the
Russian Federation in which those instances are
alleged to have occurred.
(iii) A summary of actions taken by the
United States to provide assistance to United
States entities pursuant to paragraph (1)(B).
(iv) A description of the efforts taken by
the Secretary to inform United States entities
conducting business in the Russian Federation
or considering conducting business in the
Russian Federation of the availability of
assistance through the hotline and website.
(B) Confidentiality.--The Secretary shall not
include in the report required by subparagraph (A) the
identity of a United States entity that reports
instances of bribery, attempted bribery, or other forms
of corruption in the Russian Federation or requests
assistance pursuant to paragraph (1).
SEC. 203. REPORTS ON LAWS, POLICIES, AND PRACTICES OF THE RUSSIAN
FEDERATION THAT DISCRIMINATE AGAINST UNITED STATES
DIGITAL TRADE.
Section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241(a)) is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Inclusion of certain discriminatory laws, policies,
and practices of the russian federation.--For calender year
2012 and each succeeding calendar year, the Trade
Representative shall include in the analyses and estimates
under paragraph (1) an identification and analysis of any laws,
policies, or practices of the Russian Federation that deny fair
and equitable market access to United States digital trade.''.
SEC. 204. EFFORTS TO REDUCE BARRIERS TO TRADE IMPOSED BY THE RUSSIAN
FEDERATION.
The United States Trade Representative shall continue to pursue the
reduction of barriers to trade imposed by the Russian Federation on
articles exported from the United States to the Russian Federation
through efforts--
(1) to negotiate a bilateral agreement under which the
Russian Federation will accept the sanitary and phytosanitary
measures of the United States as equivalent to the sanitary and
phytosanitary measures of the Russian Federation; and
(2) to obtain the adoption by the Russian Federation of an
action plan for providing greater protections for intellectual
property rights than the protections required by the Agreement
on Trade-Related Aspects of Intellectual Property Rights
(referred to in section 101(d)(15) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(15))).
TITLE III--PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA
SEC. 301. FINDINGS.
Congress finds the following:
(1) Moldova 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 those citizens to emigrate to the
country of their choice.
(2) Moldova has been found to be in full compliance with
the freedom of emigration requirements under title IV of the
Trade Act of 1974 (19 U.S.C. 2431 et seq.) since 1997.
(3) Moldova acceded to the World Trade Organization on July
26, 2001.
SEC. 302. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
1974 TO PRODUCTS OF MOLDOVA.
(a) Presidential Determinations and Extension 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
Moldova; and
(2) after making a determination under paragraph (1) with
respect to Moldova, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products of
Moldova.
(b) Termination of Applicability of Title IV.--On and after the
date on which the President extends nondiscriminatory treatment to the
products of Moldova pursuant to subsection (a), title IV of the Trade
Act of 1974 (19 U.S.C. 2431 et seq.) shall cease to apply to Moldova.
Union Calendar No. 454
112th CONGRESS
2d Session
H. R. 6156
[Report No. 112-632]
_______________________________________________________________________
A BILL
To authorize the extension of nondiscriminatory treatment (normal trade
relations treatment) to products of the Russian Federation and Moldova
and to require reports on the compliance of the Russian Federation with
its obligations as a member of the World Trade Organization, and for
other purposes.
_______________________________________________________________________
July 31, 2012
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed