Introduction

 

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The Russian Federation remains one of the few major countries outside the World Trade Organization. Nearly all the former socialist countries of Eastern Europe have joined. Among the former Soviet republics, Estonia, Georgia, the Kyrgyz Republic, Latvia, and Lithuania have all acceded while Armenia, and Moldova are expected to join them shortly.

Although Russia has made significant economic, political, and administrative progress in its accession to the WTO, the Russian government must prepare to overcome critical obstacles that lie ahead in order to make accession a reality. This web site provides specific guidance regarding three major barriers to Russian accession:

intellectual property rights

 

trade remedy laws of the United States

 

free-trade agreements with other former Soviet republics.

 Each section provides an analysis of existing and expected impediments to accession and recommended strategies for overcoming them.

In addition to our primary analysis, we provide an overview of both the accession process and the benefits of Russian accession.

We recommend that The Russian Federation comply with all the requirements for WTO accession. The WTO administers international trade agreements, is the most important forum for trade negotiations, handles trade disputes between trading partners, monitors national trade policies, gives technical assistance and training for developing countries, and cooperates with other international organizations. All of this reveals the importance of accession to the WTO.

During the process of WTO accession negotiations, the Russian government should continue pursuing the creation of a free-trade zone among all CIS countries over the coming two years. However, the process must comply fully with WTO rules on free trade areas and must be treated as a prelude and not an alternative to WTO accession.

On the question of intellectual property rights, the Russian government should grant exclusive jurisdiction over these issues to the existing system of arbitration courts, implement training programs for judiciary and law enforcement officials, and establish a consulting body that would serve as a forum for relevant public, private and international organizations to provide input on the development of intellectual property rights in Russia. In the international arena, Russia must assure prompt and comprehensive notification to the World Trade Organization of recent developments in Russian intellectual property rights legislation and support the demands of other acceding countries for more time for complying with WTO rules on intellectual property rights.

In negotiations with US officials, crucial for WTO accession, Russia should prepare for the introduction of trade remedy issues during accession negotiations by: (1) understanding basic U.S. trade remedy law; (2) being able to state Russia’s position on these issues; and (3) being willing to compromise. While the United States will undoubtedly seek concessions on two trade remedy fronts—non-market economy status and selective safeguards, Russia must not let these issues block its ultimate accession. Nevertheless, Russia has a strong case for ending NME status and should clearly and forcefully state this position. However, Russia needs to prepare itself to offer a degree of compromise. Likewise, Russia should not let the prospect of WTO non-application with the United States (due to the Jackson-Vanik law) impede its accession negotiations.

 
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