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                                                                                          Updated May 30, 2017
Kazakhstan and Tajikistan: WTO Accession and U.S. Trade

Relations


On November 30, 2016, Kazakhstan acceded to the World
Trade Organization (WTO). Kazakhstan's WTO
commitments include binding tariffs at an average of 6.1%
and adopting all WTO rules and agreements. Tajikistan,
another eastern-bloc country, became a WTO member in
2013.

WTO rules require that all members extend
nondiscriminatory, most-favored-nation (MFN) tariff
treatment immediately and unconditionally to other WTO
members. The United States currently grants Kazakhstan
and Tajikistan temporary IFN (in U.S. law called normal
trade relations or NTR) status under Title IV of the Trade
Act of 1974, the so-called Jackson-Vanik amendment.

Congress will need to enact legislation to provide
Kazakhstan and Tajikistan permanent NTR (PNTR)
treatment if the United States is to benefit fully from the
terms of its WTO membership, including enjoying
Kazakhstan's tariff concessions and engaging in WTO
dispute settlement procedures with Kazakhstan. Other
eastern-bloc WTO members that have United States PNTR
status are Albania, Armenia, Bulgaria, Georgia,
Kyrgyzstan, Moldova, Mongolia, Russia, and Ukraine.
Besides Kazakhstan and Tajikistan, Title IV still applies to
Azerbaijan, Belarus, Cuba, North Korea, Turkmenistan, and
Uzbekistan.


How does a prospective member join the WTO? Any
state or customs territory that has full autonomy over its
trade policies may join (accede to) the WTO by agreeing
to its terms. This includes, first, agreeing to the body of
rules and agreements that comprise the WTO. Second, a
prospective member must satisfy specific market access
conditions of other WTO members on an individual basis,
which involves engaging in a series of bilateral
negotiations. These bilaterally negotiated commitments are
then extended to all members based on the WTO's MFN
principle. Third, a WTO working party drafts the candidate
member's protocol package along with a report on the
actions the country will take to bring its trade regime into
conformity with WTO obligations. This package is
presented to the entire WTO membership for approval.
Membership requires a two-thirds majority vote of all WTO
members. In many cases, as with Kazakhstan, the
prospective member's own parliament or legislature must
ratify the agreement before membership is effective.

How long has Kazakhstan been engaged in the accession
process? Kazakhstan has undergone an almost 20-year


accession process-the longest of any WTO member. The
country submitted an application in January 1996, a year
after the WTO was founded. In recent years, the delay was
attributed to the formation of the Eurasian Economic Union
(EAEU), a customs union with Russia and Belarus, and the
need to harmonize the tariffs and customs laws of the
EAEU countries.

  In approving Kazakhstan's accession protocol we are
  concluding almost two decades of negotiations.
  Moreover, we are delivering a result which will have a
  major economic impact, a major systemic impact, and
  a major human impact. Because, crucially, the benefits
  of accession can help to create jobs, raise incomes,
  and improve people's lives. WTO Director-General
  Roberto Azevdo


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The United States currently grants Kazakhstan and
Tajikistan temporary NTR status under Title IV of the
Trade Act of 1974, the so-called Jackson-Vanik
amendment. PNTR status may only be granted to
Kazakhstan and Tajikistan if Congress approves it through
legislation.

What is the Jackson-Vanik Amendment? Congress
enacted the so-called Jackson-Vanik Amendment (Title IV
of the Trade Act of 1974) to respond to strict emigration
policies implemented in the 1970s by the Soviet Union and
other communist countries during the Cold War. Title IV
requires the President to deny PNTR (i.e., MFN) status to
any country to which the United States did not provide this
treatment on the date of enactment (January 3, 1975). At the
time, this included the Soviet Union, China, and other
communist-led regimes. Congress has since passed
legislation to grant PNTR to several of these countries.
Russia was the latest country to receive PNTR status in
December 2012 (P.L. 112-208).

Title IV denies PNTR status if a country: (1) denies its
citizens the right or opportunity to emigrate; (2) imposes
more than a nominal tax on emigration documents, visas, or
other paperwork necessary for emigration; or (3) imposes
more than a small tax or fine because a citizen wants to
emigrate.

Title IV prohibitions also extend to participation in any US
government program of credits, credit, or investment
guarantees. Before a country can receive temporary trade
status, the country must have concluded a bilateral trade
agreement (BTA) with the United States that provides for,


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