Jackson–Vanik amendment
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The Jackson–Vanik amendment to the Trade Act of 1974 is a 1974 provision in
United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
intended to affect U.S. trade relations with countries with non-
market economies A market economy is an economic system in which the decisions regarding investment, production and distribution to the consumers are guided by the price signals created by the forces of supply and demand, where all suppliers and consumers are ...
(originally, countries of the
Communist bloc The Eastern Bloc, also known as the Communist Bloc and the Soviet Bloc, was the group of socialist states of Central and Eastern Europe, East Asia, Southeast Asia, Africa, and Latin America under the influence of the Soviet Union that existed du ...
) that restrict freedom of Jewish
emigration Emigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere (to permanently leave a country). Conversely, immigration describes the movement of people into one country from another (to permanentl ...
and other
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
. The amendment is contained in the
Trade Act of 1974 The Trade Act of 1974 (, codified at ) was passed to help industry in the United States become more competitive or phase workers into other industries or occupations. Fast track authority The Trade Act of 1974 created fast track authority for ...
which passed both houses of the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
unanimously, and signed by
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Gerald Ford Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...
into law, with the adopted amendment, on January 3, 1975. Over time, a number of countries were granted conditional normal trade relations subject to annual review, and a number of countries were liberated from the amendment. On December 14, 2012, President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
signed the
Magnitsky Act The Magnitsky Act, formally known as the Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, is a bipartisan bill passed by the U.S. Congress and signed into law by President Barack Obama in D ...
(formally titled the Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012) that repealed the application of the Jackson–Vanik amendment to
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
and gave normal US trade relations to Russia and
Moldova Moldova ( , ; ), officially the Republic of Moldova ( ro, Republica Moldova), is a Landlocked country, landlocked country in Eastern Europe. It is bordered by Romania to the west and Ukraine to the north, east, and south. The List of states ...
, instead punishing individuals violating human rights. The amendment is named after its major co-sponsors
Henry M. Jackson Henry Martin "Scoop" Jackson (May 31, 1912 – September 1, 1983) was an American lawyer and politician who served as a U.S. representative (1941–1953) and U.S. senator (1953–1983) from the state of Washington. A Cold War liberal and a ...
of
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and Charles A. Vanik of
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
in the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
, both Democrats.


Background

From 1972 to January 1975,
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
debated and added the Jackson-Vanik Amendment to the
Trade Act of 1974 The Trade Act of 1974 (, codified at ) was passed to help industry in the United States become more competitive or phase workers into other industries or occupations. Fast track authority The Trade Act of 1974 created fast track authority for ...
, which had restricted the president's ability to provide most favored nation (MFN) status to the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
and other non-market economies of the Soviet bloc. The timing and provisions of the amendment reflected the presidential ambitions and distrust of the Soviet Union of Senator Henry Jackson (D-WA). Stern 1979, Chapter 1. After the Soviet Union allowed a number of
Soviet Jews The history of the Jews in the Soviet Union is inextricably linked to much earlier expansionist policies of the Russian Empire conquering and ruling the eastern half of the European continent already before the Bolshevik Revolution of 1917. "For ...
to emigrate in the years after the 1967 June War in the
Middle East The Middle East ( ar, الشرق الأوسط, ISO 233: ) is a geopolitical region commonly encompassing Arabian Peninsula, Arabia (including the Arabian Peninsula and Bahrain), Anatolia, Asia Minor (Asian part of Turkey except Hatay Pro ...
, expectations of freer emigration to buttress Jewish settlers to Israel were raised, but they were soon shattered as the 1972 Soviet emigration head tax made emigration very difficult. This Soviet edict levied an additional exit tax on educated emigrants, which appeared to have the effect of singling out Jews, who anonymously had the highest state paid education costs and wealth, most heavily. The education tax, imposed after the 1972 Moscow summit of superpower leaders
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
and
Leonid Brezhnev Leonid Ilyich Brezhnev; uk, links= no, Леонід Ілліч Брежнєв, . (19 December 1906– 10 November 1982) was a Soviet Union, Soviet politician who served as General Secretary of the Communist Party of the Soviet Union, Gener ...
, emboldened those who criticized the Nixon administration's policy of detente for downplaying concerns for human rights. Nixon's handling of the issue of Soviet Jewish emigration and US National Security Advisor
Henry Kissinger Henry Alfred Kissinger (; ; born Heinz Alfred Kissinger, May 27, 1923) is a German-born American politician, diplomat, and geopolitical consultant who served as United States Secretary of State and National Security Advisor under the presid ...
's reluctance to broach the subject disappointed US Jewish activists. The Soviets announced the abolishing of the tax just before the introduction of the amendment in Congress, arguably in an attempt to halt its enactment."Declassified KGB Study Illuminates Early Years of Soviet Jewish Emigration"
Sana Krasikov, December 12, 2007 (retrieved May 31, 2015)
At first, Jackson organized the political movement to link trade and emigration in US relations with the Soviet Union in concert with Jewish activists, but he soon took matters into his own hands. Jackson drafted what would become the Jackson–Vanik amendment in mid-1972 and introduced it to the 92nd Congress on October 4, 1972. Jackson's efforts, rooted in his own domestic political agenda and ideological distrust of and antipathy toward the Soviet Union, complicated the Nixon White House's pursuit of detente, which it had worked on since 1969. However, three-quarters of the Senate co-sponsored the amendment, neutralizing opposition from President Nixon. Stern 1979, Chapter 2. Jackson's staffer
Richard Perle Richard Norman Perle (born September 16, 1941) is an American political advisor who served as the Assistant Secretary of Defense for Global Strategic Affairs under President Ronald Reagan. He began his political career as a senior staff member to S ...
said in an interview that the idea belonged to Jackson, who believed that the right to emigrate was the most powerful among the human rights in certain respects: "if people could vote with their feet, governments would have to acknowledge that and governments would have to make for their citizens a life that would keep them there." While there was some opposition, the American Jewish establishment on the whole and Soviet Jewry activists (particularly the Washington Committee for Soviet Jewry and the
National Conference on Soviet Jewry The National Coalition Supporting Eurasian Jewry (NCSEJ), formerly the National Council for Soviet Jewry (NCSJ), is an organization in the United States which advocates for the freedoms and rights of Jews in Russia, Ukraine, Belarus, the Baltic ...
) supported the amendment over Nixon's and Kissinger's objections. In 1973 Rep. Charles Vanik, chair of the House Ways and Means Subcommittee on Trade, introduced in the House of Representatives the legislation drafted with Jackson. The amendment would deny normal trade relations to certain countries with non-market economies that restricted freedom of emigration. The amendment was intended to allow primarily Jewish refugees and other religious minorities to escape from the
Soviet bloc The Eastern Bloc, also known as the Communist Bloc and the Soviet Bloc, was the group of socialist states of Central and Eastern Europe, East Asia, Southeast Asia, Africa, and Latin America under the influence of the Soviet Union that existed du ...
. Vanik's aide,
Mark E. Talisman Mark Elliott Talisman (July 16, 1941 – July 11, 2019) was a United States Chief Congressional Aide and Legislative Procedural Expert. As an aide to Ohio Congressman Charles Vanik, he was considered to have played an instrumental role in secur ...
, is regarded as having played an instrumental role in securing passage. Jackson attached his amendment to legislation the Nixon administration badly wanted. In the House of Representatives, Vanik lined up House leaders as primary sponsors of the amendment. During this period, Jackson also expanded his base of support, adding other ethnic, economic, and ideological groups as supporters. Labor, ethnic groups originally from Eastern European and
Baltic States The Baltic states, et, Balti riigid or the Baltic countries is a geopolitical term, which currently is used to group three countries: Estonia, Latvia, and Lithuania. All three countries are members of NATO, the European Union, the Eurozone, ...
, human rights organizations and liberal intellectuals were the most significant additions to organized labor and Jewish activists. While building support, Jackson resisted compromise with the administration and the Soviet Union. Stern 1979, Chapter 3. Once the Nixon administration began to appreciate the threat Jackson presented its policy of detente, and in particular the
linkage Linkage may refer to: * ''Linkage'' (album), by J-pop singer Mami Kawada, released in 2010 *Linkage (graph theory), the maximum min-degree of any of its subgraphs *Linkage (horse), an American Thoroughbred racehorse * Linkage (hierarchical cluster ...
of detente to expanded trade, it made a number of attempts to thwart Jackson. The administration tried to keep the amendment out of the committee version of the bill during the House Ways and Means Committee's markup sessions. When it became clear that this was impossible, delay was the administration's next option, along with the threat of a veto. The
Yom Kippur War The Yom Kippur War, also known as the Ramadan War, the October War, the 1973 Arab–Israeli War, or the Fourth Arab–Israeli War, was an armed conflict fought from October 6 to 25, 1973 between Israel and a coalition of Arab states led by Egy ...
in October 1973 further complicated Congressional views of the Soviet Union. Soviet involvement in the conflict may have stoked distrust of the USSR by some members of Congress, but there were other members who feared that pressure on the
Nixon Administration Richard Nixon's tenure as the List of presidents of the United States, 37th president of the United States began with First inauguration of Richard Nixon, his first inauguration on January 20, 1969, and ended when he resigned on August 9, 1974 ...
to advance the goals of the Jackson–Vanik amendment complicated the emergency supply of US military weapons to
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
. Israel prevailed in the Yom Kippur War, and on December 11 the House of Representatives voted by an overwhelming 319-80 vote to include the entire Jackson–Vanik amendment in the trade bill, which passed 272–140. With that, Congress recessed until January 1974. On January 21, 1974, the second session of the
93rd United States Congress The 93rd United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1973, ...
began, and the Jackson amendment was introduced in the Senate. Having lost the legislative battle in the House of Representatives, the administration and Soviet authorities turned to negotiations with Jackson. Trilateral talks began in spring 1974 involving Congress, the
Executive Branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state. In poli ...
and the Soviet Union. The prominent individuals involved were Jackson, Kissinger, and Soviet Ambassador to the U.S.
Anatoly Dobrynin Anatoly Fyodorovich Dobrynin (russian: Анато́лий Фёдорович Добры́нин, 16 November 1919 – 6 April 2010) was a Soviet statesman, diplomat, and politician. He was the Soviet ambassador to the United States for more tha ...
, a skilled senior diplomat who had served in Washington for decades. Kissinger enjoyed a special status in these negotiations since he alone controlled the communications between Jackson and the Soviet Union. In effect, Kissinger was the only one of the three parties involved who knew what all sides were saying in secret, informal sessions, while he also conducted a long-standing "back channel" dialogue with Soviet authorities via Dobrynin. Kissinger's influence only grew as Nixon was increasingly consumed by the Watergate political scandal. Stern 1979, Chapter 4. In March 1974, Kissinger returned from Moscow with news that the Soviets were willing to cooperate with the members of Congress. Jackson, however, would complicate matters by making public the demands that had been accommodated in quiet diplomatic dialogue. Jackson pursued negotiations with the administration and the Soviet Union on the terms of the amendment. The outline of an agreement was perceivable, but by summer the talks seemed to bog down as Watergate sapped the Executive Branch's political energy. Nixon resigned on August 9, 1974. In August 1974, when the national deadlock was broken by Nixon's resignation and
Ford Ford commonly refers to: * Ford Motor Company, an automobile manufacturer founded by Henry Ford * Ford (crossing), a shallow crossing on a river Ford may also refer to: Ford Motor Company * Henry Ford, founder of the Ford Motor Company * Ford F ...
's appointment, Jackson had to decide whether or not to concur with an agreement that was not perfect or hold out longer and possibly sink the entire trade bill. Given the choice of having the bill with the Jackson amendment or doing away with both the bill and the Jackson amendment together, Kissinger was apparently willing to let the two die. So to compromise, Jackson had agreed to grant, at least temporarily, trade concessions, including extensions of credit, to the Soviet Union. Stern 1979, Chapter 5. Eventually, Jackson accepted less than perfect terms. Jackson was anxious to achieve a legislative victory after years of battle and apparently decided it best not to ask too many more questions nor press too hard for less ambiguous pledges lest he be left with nothing to show for his efforts. President Ford signed the 1972 Trade Agreement on January 3, 1975, with the Jackson amendment. On January 10, the Soviet government sent a letter that apparently indicated the Soviets' refusal to comply with the need to provide assurances on emigration or to make technical changes in the 1972 Trade Agreement. On January 13, Kissinger met with Soviet officials and subsequently issued a statement "that the 1972 Trade Agreement cannot be brought into force at this time and the President will therefore not take the steps required for this purpose by the Trade Agreement. The President does not plan at this time to exercise the waiver authority."


Business involvement

Harry Stone, vice president and his brother, Irving Stone, president of
American Greetings American Greetings Corporation is a privately owned American company and is the world's second largest greeting card producer behind Hallmark Cards. Based in Westlake, Ohio, a suburb of Cleveland, Ohio, Cleveland, the company sells paper greeting ...
based in Vanick's home town,
Cleveland, Ohio Cleveland ( ), officially the City of Cleveland, is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located in the northeastern part of the state, it is situated along the southern shore of Lake Erie, across the U.S. ...
, played a major role in gaining sponsorship for the amendment. Harry Stone served as campaign chairman to the late U.S. Representative Charles Vanik, a connection that gained significance when Vanik asked Stone and his brother Irving, then American Greetings president, to encourage congressman Wilbur Mills to schedule a floor vote on the Jackson-Vanik Amendment requiring the Soviet Union to allow Jewish emigration to the U.S. in order to qualify for "most favored nation status" for its exports. Senator
J. William Fulbright James William Fulbright (April 9, 1905 – February 9, 1995) was an American politician, academic, and statesman who represented Arkansas in the United States Senate from 1945 until his resignation in 1974. , Fulbright is the longest serving chair ...
, chair of the
Senate Foreign Relations Committee The United States Senate Committee on Foreign Relations is a standing committee of the U.S. Senate charged with leading foreign-policy legislation and debate in the Senate. It is generally responsible for overseeing and funding foreign aid pro ...
characterized the amendment as "idealistic meddling" in the amendment's attempts to use free Jews using trade and credit as levers against the Soviet Union. American Greetings was the largest employer in Mills's Arkansas district. Fulbright, apparently saw the same light as Mills, as American Greetings opened one of its largest printing plants in Fulbright's and Mills's state of Arkansas. "The role that Harry Stone played in making the Jackson-Vanik bill a reality will go down as one of the most meaningful contributions that a Clevelander has ever made," says Vic Gelb, an honorary for life director of the Cleveland Jewish News. "It made a world of difference in the history of events and enabled the exodus of Jews from the former Soviet Union."


Conclusion

The difficulty faced by Senator Jackson in the three-way negotiation process that took place from August 1974 through January 1975, demonstrated some of the institutional constraints on congressional involvement in foreign policy making. The Jackson–Vanik amendment is a case study of how domestic politics shapes American Foreign policy making. It exemplifies the fact that one cannot understand U.S. foreign policy if one does not understand the domestic politics in Congress and the White House that shape policy decisions.


Content

The amendment denied most favored nation status to certain countries with non-market economies that restricted emigration, which is considered a
human right Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
. Permanent normal trade relations can have been extended to such country only if the president determined that it complies with the freedom of emigration requirements. However, the president had authority to grant an annual waiver, which was granted to the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
in the late 1970s and to
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
and
Laos Laos (, ''Lāo'' )), officially the Lao People's Democratic Republic ( Lao: ສາທາລະນະລັດ ປະຊາທິປະໄຕ ປະຊາຊົນລາວ, French: République démocratique populaire lao), is a socialist ...
in later decades. The core provision of the amendment was codified as 19 U.S.C. 2432(a), Sec. 402 "Freedom of Emigration in East-West Trade" of the
Trade Act of 1974 The Trade Act of 1974 (, codified at ) was passed to help industry in the United States become more competitive or phase workers into other industries or occupations. Fast track authority The Trade Act of 1974 created fast track authority for ...
():
(a) Actions of nonmarket economy countries making them ineligible for normal trade relations, programs of credits, credit guarantees, or investment guarantees, or commercial agreements To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after January 3, 1975, products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment (normal trade relations), such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country - :(1) denies its citizens the right or opportunity to emigrate; :(2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or :(3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice, and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).


Effects

The countries subject to the amendment included the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
(and later the
post-Soviet states The post-Soviet states, also known as the former Soviet Union (FSU), the former Soviet Republics and in Russia as the near abroad (russian: links=no, ближнее зарубежье, blizhneye zarubezhye), are the 15 sovereign states that wer ...
), the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
,
Romania Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
,
Hungary Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia a ...
,
Czechoslovakia , rue, Чеськословеньско, , yi, טשעכאסלאוואקיי, , common_name = Czechoslovakia , life_span = 1918–19391945–1992 , p1 = Austria-Hungary , image_p1 ...
,
East Germany East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state ...
,
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedon ...
,
Mongolia Mongolia; Mongolian script: , , ; lit. "Mongol Nation" or "State of Mongolia" () is a landlocked country in East Asia, bordered by Russia to the north and China to the south. It covers an area of , with a population of just 3.3 million, ...
,
Albania Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and shares ...
,
Cambodia Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand t ...
,
Laos Laos (, ''Lāo'' )), officially the Lao People's Democratic Republic ( Lao: ສາທາລະນະລັດ ປະຊາທິປະໄຕ ປະຊາຊົນລາວ, French: République démocratique populaire lao), is a socialist ...
, and
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
. Of Soviet Bloc countries,
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
was exempt from the amendment, but from 1982 to 1987 its unconditional MFN status was suspended due to its actions against
Solidarność Solidarity ( pl, „Solidarność”, ), full name Independent Self-Governing Trade Union "Solidarity" (, abbreviated ''NSZZ „Solidarność”'' ), is a Polish trade union founded in August 1980 at the Lenin Shipyard in Gdańsk, Poland. Subseq ...
.
Yugoslavia Yugoslavia (; sh-Latn-Cyrl, separator=" / ", Jugoslavija, Југославија ; sl, Jugoslavija ; mk, Југославија ;; rup, Iugoslavia; hu, Jugoszlávia; rue, label=Pannonian Rusyn, Югославия, translit=Juhoslavija ...
was also exempt; however, in 1991–1992, due to violent events in the
former Yugoslavia The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yu ...
, the MFN status of
Serbia Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
and
Montenegro ) , image_map = Europe-Montenegro.svg , map_caption = , image_map2 = , capital = Podgorica , coordinates = , largest_city = capital , official_languages = M ...
was suspended.


Soviet Union

At first the Jackson–Vanik amendment did little to help free Soviet Jewry. The number of exit visas declined after the passing of the amendment. However, in the late 1980s
Mikhail Gorbachev Mikhail Sergeyevich Gorbachev (2 March 1931 – 30 August 2022) was a Soviet politician who served as the 8th and final leader of the Soviet Union from 1985 to dissolution of the Soviet Union, the country's dissolution in 1991. He served a ...
agreed to comply with the protocols of the
Organization for Security and Cooperation in Europe The Organization for Security and Co-operation in Europe (OSCE) is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, prom ...
. Lazin (2005) states that scholars differ on how effective the amendment was in helping Soviet Jews. Some argue that it helped bring the plight of Soviet Jews to the world's attention, while others believe it hindered emigration and decreased America's diplomatic bargaining power. Since 1975 more than 500,000 refugees, large numbers of whom were Jews,
evangelical Christians Evangelicalism (), also called evangelical Christianity or evangelical Protestantism, is a worldwide interdenominational movement within Protestant Christianity that affirms the centrality of being "born again", in which an individual experi ...
, and
Catholics The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
from the former Soviet Union, have been resettled in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. An estimated one million Soviet Jews have immigrated to Israel in that time. Jackson–Vanik also led to great changes within the Soviet Union. Other ethnic groups subsequently demanded the right to emigrate, and the ruling
Communist Party A communist party is a political party that seeks to realize the socio-economic goals of communism. The term ''communist party'' was popularized by the title of ''The Manifesto of the Communist Party'' (1848) by Karl Marx and Friedrich Engels. A ...
had to face the fact that there was widespread dissatisfaction with its governance. Former Soviet dissident
Natan Sharansky Natan Sharansky ( he, נתן שרנסקי; russian: Ната́н Щара́нский; uk, Натан Щаранський, born Anatoly Borisovich Shcharansky on 20 January 1948); uk, Анатолій Борисович Щаранський, ...
wrote in his 2004 book ''
The Case for Democracy ''The Case for Democracy'' is a foreign policy manifesto written by one-time Soviet political prisoner and former Israeli Member of the Knesset, Natan Sharansky. Sharansky's friend Ron Dermer is the book's co-author. The book achieved the bestsel ...
'' (p. 3):


Lautenberg Amendment (1990)

Enacted on November 21, 1989, the Lautenberg Amendment, Public Law 101–167, took effect in 1990 which provided refugee status in the United States for nationals from the Soviet Union and later the former Soviet Union, Ukraine, Estonia, Latvia or Lithuania who are Jews, Evangelical Christians, Ukrainian Catholics or Ukrainian Orthodox; as well as nationals of Vietnam, Laos, or Cambodia; and Jews, Christians, Baha’is and other religious minorities from Iran. The Lautenberg measure allowed refugee status to people from historically persecuted groups without requiring them to show that they had been singled out. Under the Lautenberg Amendment, 350,000 to 400,000 Jews from the former Soviet Union which had not presented any form of evidence of persecution gained entry to the United States by October 2002 according to the
Jewish Telegraphic Agency The Jewish Telegraphic Agency (JTA) is an international news agency and wire service, founded in 1917, serving Jewish community newspapers and media around the world as well as non-Jewish press, with about 70 syndication clients listed on its web ...
. Beginning in 2002, a special " Refugee Corps" in the
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
handled issues involving the Lautenberg Amendment.


Post-soviet states


Baltic states: Estonia, Latvia and Lithuania

Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, a ...
,
Latvia Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
and
Lithuania Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
were subject to the amendment because they had been forcibly incorporated into the Soviet Union. They were liberated from the amendment upon the US recognition of their independence on September 6, 1991.


Kazakhstan

Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a transcontinental country located mainly in Central Asia and partly in Eastern Europe. It borders Russia to the north and west, China to the east, Kyrgyzstan to the southeast, Uzbeki ...
's Jewish community reportedly requested the US to cancel Jackson Vanik amendment for Kazakhstan. In an article titled "A Relic of the Cold War", journalist Robert Guttman refers to the Amendment as an "outdated and rather meaningless piece of legislation". The
U.S. Chamber of Commerce The United States Chamber of Commerce (USCC) is the largest lobbying group in the United States, representing over three million businesses and organizations. The group was founded in April 1912 out of local chambers of commerce at the urgin ...
argues that the application of Jackson-Vanik on Kazakhstan puts U.S. companies at a competitive disadvantage. The Chamber urges the U.S. Congress to graduate Kazakhstan from Jackson-Vanik.


Kyrgyzstan

Kyrgyzstan Kyrgyzstan,, pronounced or the Kyrgyz Republic, is a landlocked country in Central Asia. Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the south, and the People's Republic of China to the east. ...
first received conditional normal trade relations in 1992. In 1997 it was found fully compliant with the Jackson-Vanik provisions, but its status remained subject to annual review. On May 18, 2000, Public Law 106-200 authorized the President to extend unconditional normal trade relations to Kyrgyzstan.
Overview and Compilation of U.S. Trade Statutes
'. Government Printing Office, 2001. pp. 250–259.


Moldova

Moldova Moldova ( , ; ), officially the Republic of Moldova ( ro, Republica Moldova), is a Landlocked country, landlocked country in Eastern Europe. It is bordered by Romania to the west and Ukraine to the north, east, and south. The List of states ...
first received conditional normal trade relations in 1992. In 1997 it was found to be fully compliant with the Jackson-Vanik provisions, but its status remained subject to annual review. On November 16, 2012 the U.S. House of Representatives passed a bill that would repeal the Jackson–Vanik amendment for Russia and Moldova. After approval by the Senate, the law repealing the effects of the Jackson–Vanik amendment on Russia and Moldova was signed by President Barack Obama on December 14, 2012.


Russia

In 2003,
Vladimir Putin Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
pursued an economic agenda for Russia to begin normalized trade relations with the West which included Russia joining the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
and the repeal of the Jackson–Vanik amendment. Putin tried to use his relationships with both the Italian Prime Minister
Silvio Berlusconi Silvio Berlusconi ( ; ; born 29 September 1936) is an Italian media tycoon and politician who served as Prime Minister of Italy in four governments from 1994 to 1995, 2001 to 2006 and 2008 to 2011. He was a member of the Chamber of Deputies ...
, who was the head of the European Union's Council in 2003, to gain Russia's membership in the European Union, and also
Hank Greenberg Henry Benjamin Greenberg (born Hyman Greenberg; January 1, 1911 – September 4, 1986), nicknamed "Hammerin' Hank", "Hankus Pankus", or "The Hebrew Hammer", was an American professional baseball player and team executive. He played in Major Leagu ...
, who was the chairman and CEO of the American International Group (AIG), to repeal the Jackson-Vanik provisions in the United States. Putin wished for Greenberg to support through Greenberg's AIG greater development of the nascent Russian home-mortgage market. On November 16, 2012 the U.S. House of Representatives passed a bill that would repeal the Jackson–Vanik amendment for Russia and Moldova. After approval by the Senate, the law repealing the effects of the Jackson–Vanik amendment on Russia and Moldova was signed together with
Magnitsky bill The Magnitsky Act, formally known as the Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, is a Bipartisanship, bipartisan bill passed by the U.S. Congress and signed into law by President B ...
by President Barack Obama on December 14, 2012.


Ukraine

On March 8, 2006, the U.S. House of Representatives passed a bill permanently exempting Ukraine from trade restrictions imposed under the 1974 Jackson–Vanik amendment.


People's Republic of China

Until the accession of the PRC to the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and e ...
in December 2001 the PRC was covered by the provisions of Jackson-Vanik. Although the President of the United States, starting in the late 1970s, used the waiver provisions of the amendment to grant normal trade relations trade status, the existence of the amendment meant that there was a congressional effort to overturn this waiver each year, creating a yearly controversy especially during the 1990s after the
Tiananmen protests of 1989 The Tiananmen Square protests, known in Chinese as the June Fourth Incident (), were student-led demonstrations held in Tiananmen Square, Beijing during 1989. In what is known as the Tiananmen Square Massacre, or in Chinese the June Four ...
. Congress specifically removed the PRC from coverage by Jackson-Vanik in the late 1990s as part of its entry into the World Trade Organization, as the provisions of Jackson-Vanik were inconsistent with WTO rules.


U.S. legal challenge

In April 2011, American University in Moscow professor Eduard Lozansky and former
Reagan administration Ronald Reagan's tenure as the 40th president of the United States began with his first inauguration on January 20, 1981, and ended on January 20, 1989. Reagan, a Republican from California, took office following a landslide victory over D ...
official Antony Salvia filed a federal lawsuit in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
against the
Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. A Democrat from Illinois, Obama took office following a decisive victory over Republican ...
arguing the law is illegal."Jackson-Vanik law challenged in court"
UPI. April 21, 2011. Accessed June 7, 2011


See also

*
Aliyah from the Soviet Union in the 1970s The 1970s Soviet Union aliyah was the mass immigration of Soviet Jews to Israel after the Soviet Union lifted its ban on Jewish refusenik emigration in 1971. More than 150,000 Soviet Jews immigrated during this period, motivated variously by reli ...
* Migration diplomacy *
Refugees as weapons "Refugees as weapons", or "Weapon of Mass Migration" is a term used to describe a hostile government organizing, or threatening to organize, a sudden influx of refugees into another country with the intent of overwhelming its borders or causing p ...
*
Refusenik Refusenik (russian: отказник, otkaznik, ; alternatively spelt refusnik) was an unofficial term for individuals—typically, but not exclusively, Soviet Jews—who were denied permission to emigrate, primarily to Israel, by the authori ...
** Jewish emigration from Communist Romania


References


Sources

*


Further reading

* * * * *


External links


Subchapter IV—Trade Relations With Countries Not Receiving Nondiscriminatory Treatment
{{DEFAULTSORT:Jackson-Vanik amendment 1974 in law Immigration to Israel Jews and Judaism in the Soviet Union United States federal trade legislation United States foreign relations legislation Foreign relations of the United States Soviet Union–United States relations Israel–Soviet Union relations 1974 in international relations Russia–United States relations Sanctions against Russia