ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988Ukraine

President Bush determined that Ukraine's state trading enterprises significantly burden U.S. foreign trade, but found that Ukraine's pending WTO accession commitments satisfy statutory requirements, so the U.S. will not invoke WTO nonapplication provisions against Ukraine. The U.S. Trade Representative is directed to publish this determination in the Federal Register.

Federal Register Open PDF 73 FR 17879

Impact dates

  1. USTR to publish determination in Federal Register

Key directives

  • Determine state trading enterprises account for significant share of Ukraine's exports and competing imports
  • Determine such enterprises unduly burden U.S. foreign trade or economy
  • Find Ukraine's WTO accession obligations meet section 1106(b)(2)(A) requirements
  • Waive invocation of WTO nonapplication provisions for Ukraine
  • Direct USTR to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Determination takes effect upon signing
  • USTR directed to publish in Federal Register

Near term (90d)

  • Ukraine's WTO accession process continues with U.S. nonapplication provisions waived

Long term

  • Ukraine's compliance with WTO commercial considerations commitments subject to ongoing monitoring

Risks & tensions

  • Relies on prospective WTO commitments rather than existing Ukrainian practice; enforcement depends on post-accession compliance
  • Statutory threshold for 'unduly burden' is found but immediately negated by WTO protocol satisfaction—potential tension if Ukraine's implementation lags
Presidential Determination: Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988Ukraine · Executive Orders