Promoting U.S. Exports and the Rule of Law in Russia

The Washington Times (Washington, DC), December 7, 2011 | Go to article overview

Promoting U.S. Exports and the Rule of Law in Russia


Byline: Daniel Griswold, SPECIAL TO THE WASHINGTON TIMES

Although global trade talks are going nowhere, the ministerial meeting of World Trade Organization members in Geneva next week will accomplish at least one item of major importance: admitting Russia to the club. Whether U.S. companies can reap the benefits of a more open Russian market will depend on the repeal of a U.S. law that has become an awkward relic of the Cold War.

The law is the 1974 Jackson-Vanik amendment, which was aimed at forcing the Soviet Union to allow Jews to emigrate by withholding normal trade relations (NTR) access to the U.S. market. Even though Jackson-Vanik never worked as intended, the law remains on the books two decades after the Soviet Union expired, requiring Congress to renew Russia's NTR status annually.

Granting Russia permanent normal trade relations (PNTR) by repealing Jackson-Vanik is key to promoting bilateral trade. If the law remains in effect, Russia will join the WTO within the next month or so, but U.S. companies will be denied the enhanced access to Russia's market that the U.S. government and other WTO members negotiated in Russia's accession protocol. That would be a costly mistake.

Russia remains by far the largest economy and the only member of the Group of 20 still outside the WTO. Russia's increasing economic (if not political) liberalization in recent years has coincided with a sharp increase in U.S. exports. Russia is an especially promising market for U.S. computer software and hardware, civilian aircraft, heavy machinery used to extract resources and U.S.-raised beef and poultry.

Opponents of granting PNTR point to Russia's abuse of health and safety measures to protect its agricultural sector, its lack of intellectual property protection and restrictions on civil and political liberties. Each of those concerns is real, but withholding PNTR will not address any one of them.

In fact, granting PNTR will allow the U.S. government to use the organization's dispute settlement mechanism to challenge any Russian violation of its WTO commitments. Any continued use of regulations as disguised trade barriers could be challenged under the WTO's sanitary and phytosanitary agreement. …

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