EDITORIAL: Time to graduate Ukraine (03/06/05)

EDITORIAL

Time to graduate Ukraine

A new bill introduced in both the House of Representatives and Senate seeks to "graduate," or permanently exempt, Ukraine from the provisions of the Jackson-Vanik amendment to the Trade Act of 1974. This measure deserves the attention of both our readers and their elected officials in Washington.

Named for its principal sponsors, Sen. Henry Jackson (D-Wash.) and Rep. Charles Vanik (D-Ohio), the amendment requires that countries wishing to conduct trade with the United States demonstrate that their citizens have freedom to emigrate. The law was directed at Communist countries - principally the Soviet Union - which restricted emigration, and was seen as a way to punish those countries for their repressive policies. Once the USSR disintegrated, the Jackson-Vanik provisions were applied to the newly independent states that arose on the territory of the former USSR, including Ukraine.

Under the Jackson-Vanik provisions, normal trade relations could be extended, on a conditional basis, if a country was certified to be in compliance with the amendment's freedom of emigration requirements. Thus, Ukraine has had to undergo this process year, after year, after year - long after the repressive policies of the Soviet era were no longer in force. To end the application of Jackson-Vanik restrictions, Congress must pass legislation to grant permanent normal trade relations to Ukraine (as was already done in the case of Georgia in 2002).

H.R. 885, which is titled "To authorize the extension of non-discriminatory treatment (normal trade relations treatment) to the products of Ukraine," was introduced by Rep. Henry Hyde (R-Ill.) and currently has three co-sponsors. An identical bill, designated S. 410, has been introduced by Sen. John McCain (R-Ariz.)

The bills introduced in both houses of Congress note, among other things, that Ukraine has made "progress toward respecting fundamental human rights," allows its citizens the right to emigrate and travel freely, has "made great progress toward the establishment of a genuine democracy and the creation of a free market economic system," has adopted internationally recognized labor standards, and has adopted provisions to protect the rights of national and religious minorities. The bills call for the determination that the Jackson-Vanik provisions should no longer apply to Ukraine and for the termination of the amendment's limitations on trade.

The issue of Jackson-Vanik has repeatedly been brought up by leaders of Ukraine without success. However, now more than ever before - in the wake of the Orange Revolution and with a new administration headed by President Viktor Yushchenko - Ukraine deserves to have these trade restrictions lifted.

As Rep. Hyde, joined by his co-sponsors Tom Lantos (D-Calif.), Christopher Smith (R-N.J.) and Howard Berman (D-Calif.) wrote in a "Dear Colleague" letter, "Viktor Yushchenko's government now faces the enormous challenge of reforming Ukraine's political system, economy and society. Ukraine's new leaders have already reached out to the U.S. and other governments with requests for assistance."

Rep. Smith quite rightly told his colleagues: "The granting of NTR [normal trade relations] to Ukraine would represent a tangible expression of support for the new government in Ukraine as they move ahead on their important historic agenda for change. President Yushchenko and the people of Ukraine deserve our support."

Indeed, members of the Yushchenko administration at various meetings with U.S. officials have underscored that removing the Jackson-Vanik restrictions is a top priority. Prime Minister Yulia Tymoshenko made this point when she met with Sens. John McCain and Hillary Clinton in Kyiv on February 11, and, most recently, a congressional delegation led by Helsinki Commission members got the same message during their trip to Ukraine.

Graduating Ukraine from the Jackson-Vanik restrictions - a relic of the Cold War period - is a move long overdue. And it will go a long way toward helping the new Ukraine achieve its goals, such as membership in the World Trade Organization and recognition as a member of the community of democratic states. We urge our legislators to support H.R. 885 in the House and S. 410 in the Senate.

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