JACKSON-VANIK GRADUATION COALITION
Moving Ukraine Forward
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Ambassador Steven Pifer and Ambassador William Miller,
Co-Chairmen
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Written Submission for the Record
For the House Ways and Means Committee's
Hearing on President Bush's Trade Agenda
February 15, 2006
Graduate Ukraine from Jackson-Vanik
Submission by the Jackson-Vanik Graduation Coalition
The Need for Action Now
The Jackson-Vanik Graduation Coalition, which currently
includes more than 250 businesses and Ukrainian-American, Jewish-American
and non-governmental organizations, calls on the House of Representatives
to pass legislation in February to graduate Ukraine from the
provisions of the Jackson-Vanik Amendment.
The Senate passed by unanimous consent in November 2005
legislation to graduate Ukraine from Jackson-Vanik. Failure by the House
now to pass similar legislation will be seen in Ukraine as a failure
of the government's foreign policy and an indication of Western disinterest,
at a time when the country is struggling to realize the full promise
of the Orange Revolution. Ukraine holds critical Rada (parliament) elections
on March 26. Congressional inaction in the run-up to those elections
will be exploited by opponents of the government's pro-reform, pro-West
course; indeed, Rada deputies have expressed concern to Coalition leaders
about precisely such tactics by the opposition. The Coalition thus seeks
House passage of legislation in February to signal support for U.S.-Ukraine
relations, and for Ukraine's efforts to consolidate democratic institutions
and build a robust market economy, fully integrated into the Euro-Atlantic
community.
Passage of graduation legislation is also necessary to
support a key element of President Bush's policy toward Ukraine. In
his April 2005 joint statement with Ukrainian President Viktor Yushchenko,
President Bush called for "immediately ending application of Jackson-Vanik
to Ukraine."
Background
The Jackson-Vanik Amendment, as contained in Title IV
of the 1974 U.S. Trade Act, was a response to the discriminatory emigration
policies of the former Soviet Union. The communist restrictions had
the most serious impact on religious minorities, particularly on the
ability of Soviet Jews to emigrate. The Jackson-Vanik Amendment stated
that non-market economies that continued to impose emigration restrictions
on their citizens would not be granted permanent normal trade relations
or "most favored nation" status by the United States until
they had met the Amendment's freedom-of emigration requirements.
Since regaining its independence in 1991, Ukraine has
built a strong and impressive record of allowing open emigration. Indeed,
a large number of Ukrainian Jews have emigrated over the past fourteen
years. Ukraine has also created conditions for religious minorities
to pursue their beliefs freely. Ukraine thus is a success story for
Jackson-Vanik and now merits graduation from the Amendment's provisions.
Ukraine's excellent emigration record was recognized in
1997, when President Clinton found Ukraine to be in full compliance
with the Amendment's freedom-of-emigration requirements. President Bush
has regularly endorsed this finding and has called on Congress to take
the next step: to graduate Ukraine from Jackson-Vanik. Before the House
International Relations Committee in July 2005, Assistant Secretary
of State for European and Eurasian Affairs Fried said
| "Ukraine has complied with the provisions of
the Jackson-Vanik Amendment to the Trade Act of 1974 for over a
decade. This Administration strongly supports Ukraine's immediate
'graduation' from Jackson-Vanik. As the Ukrainian people look for
tangible signs of our new relationship, they are perplexed that
Ukraine remains tainted by the legacy of Jackson-Vanik. We urge
Congressional action on this matter." |
In a November 8, 2005 letter to key Congressional leaders,
Secretary of State Rice wrote:
|
"The Administration strongly supports appropriate
legislation that would authorize the President to terminate application
of Title IV of the Trade Act of 1974 (the Jackson-Vanik Amendment),
with respect to Ukraine, and to extend permanent normal trade
relations treatment to the products of that country."
|
| |
| "Congressional action to lift Jackson-Vanik and extend permanent
normal trade relations would sent a strong signal of support to
Ukraine at a critical juncture." |
Various non-governmental groups, including the National
Conference on Soviet Jewry and the Euro-Asian Jewish Conference, agree
that Ukraine has demonstrated its full compliance with the Amendment's
requirements and therefore should be graduated from the restrictions
it imposes.
When President Yushchenko spoke before a joint session
of Congress on April 6, 2005, he focused on the importance to Ukraine
of being graduated from Jackson-Vanik. He received a standing ovation
when he declared, "I'm calling upon you to waive the Jackson-Vanik
Amendment. Make this step. Please make this step toward Ukraine. Please
tear down this wall." There is nothing more important that Congress
could do now for Ukraine than pass graduation legislation.
In Sum
The House must act now to pass legislation to graduate
Ukraine from Jackson-Vanik: