Posts Tagged ‘daniel wagner’

07
August 2012

Russia Bills Fall Victim to America’s Broken Political Process

Huffington Post

In spite of the fact that the U.S. economy continues to suffer and Europe is imploding, the U.S. Congress has left Washington for its traditional five-week summer recess. Among the plethora of legislation that Congress failed to address prior to its departure were two bills concerning Russia — the establishment of permanent normal trade relations (PNTR) and the ‘Magnitsky Act.’ This failure means that the review of these bills will not take place until next month at the earliest — when Congress has only eight working days — or perhaps even during its ‘lame duck’ session following the November elections. Many business stakeholders and politicians from across the country have expressed concern that the failure to pass the Russia PNTR legislation would have grave consequences for U.S. manufacturers and further complicate strained Russia/U.S. relations.

The PNTR bill is being addressed at a crucial time, with Russia becoming a member of the WTO on Aug. 22. Many U.S. companies believe that with more than 140 million consumers and a rapidly growing middle class, Russia will provide an expanding marketplace for U.S. goods and services. According to the President’s Export Council, U.S. exports to Russia rose by 40 percent in 2011 to around $11 billion, and it is projected to double within five years. Following its accession to the WTO, Russia will have to comply with WTO rules on reducing tariffs, applying nondiscriminatory treatment to imports, eliminating export subsidies and adhering to intellectual property rights and digital trade laws — areas that previously concerned U.S. businesses. As a founding member of the WTO, the US will not be required to make any trade adjustments.

The PNTR bill will also address the concerns of some policymakers in Washington by including additional provisions regarding the promotion of the rule of law in Russia. Some provisions advocate the specific protection of American investors, particularly supporting the claims of some investors in the Yukos Oil Company — once Russia’s largest company — that was dismantled and sold by the first Putin administration. Others encourage anti-bribery measures by promoting the expansion of civil society organizations in monitoring and reporting suspected instances of corruption. While major political concerns seem to have been addressed in the bill, U.S. business representatives still fear that the bill will not be passed into law before the presidential elections, putting American companies at a disadvantage in the Russian market.

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18
June 2012

The Magnitsky Act and Implications for Russia-U.S. Relations

Huffington Post

Throughout the Cold War the U.S. Congress sought to penalize the Soviet Union for its human rights record. Legislation such as the Jackson-Vanik amendment became a long-term influence on bilateral trade between the two countries. That tradition was reinvigorated this past week, when the House Foreign Affairs Committee unanimously approved the Sergei Magnitsky Rule of Law Accountability Act, in a rare example of bipartisanship. This has potentially important implications for future of bilateral trade with Russia, which is expected to join the World Trade Organization later this year. Passage of the Act just prior to President Obama’s meeting with President Putin in Mexico this coming week adds greater complexity to the cooling bilateral relationship between Russia and the U.S., and enhances the prospect of further deterioration.

The Act is named after Sergei Magnitsky, a lawyer representing Hermitage Capital Management, an investment fund and asset management company that was dismantled by Russian authorities after it was accused of tax evasion. Magnitsky implicated top officials in a $230 million tax refund fraud against the Russian government. In 2008 he was arrested and died in prison after spending a year in pretrial detention; the case against him is ongoing posthumously. The U.S. State Department issued visa bans on several dozen Russian officials in connection to the Magnitsky case in 2011. Russia imposed travel bans on several U.S. officials in response.

After the House Foreign Affairs Committee’s approval of the bill, two additional committees (most likely the finance and judiciary committees since it deals with financial sanctions and criminal prosecution) must approve the bill or waive jurisdiction. Once passed in the House, the Senate is expected to introduce its own version of the bill for review.

The Obama administration has been opposed to the Act for two reasons, arguing that it will put U.S. businesses at a disadvantage in Russia, making it harder for them to compete, and possibly prompting the Russian government to favor non-U.S. suppliers or freeze U.S. corporate assets in the country. Adoption of the Act may also be inconsistent, if not oppositional, to another bill, which would grant Russia Permanent Normal Trade Relations (PNTR) as required under WTO rules.

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