Foreign Relations of the United States, 1969–1976, Volume XXXI, Foreign Economic Policy, 1973–1976

222. Agreed Paper¹

Washington, undated.

Principles of Agreement on Proposed Waiver of Jackson–Vanik Amendment

1. 18 month authority in trade bill to waive Jackson–Vanik amendment on determination and report to Congress that waiver with respect to any country will substantially promote the objectives of the Jackson–Vanik amendment (trade bill section 402).

2. After the 18 months, the waiver authority shall be renewable only upon adoption of a concurrent resolution extending the authority for one year. If an extension is desired, a request shall be made by the President no later than 30 days prior to the expiration of the 18 month period.

3. In the event the Congress has not acted by the end of the 18 month period, the President may extend the waiver authority for up to 60 days after the end of the 18 month period.

4. In the event that Congress fails within 60 days after the expiration of the 18 month period to adopt a concurrent resolution on the issue of extending the authority, the authority will nevertheless continue in force unless either House of Congress (within 45² calendar days of the expiration of the 60 day period) passes a simple resolution of disapproval of the waiver authority of continuation.

5. The waiver may be further extended by executive order at one year intervals upon a Presidential determination and report to Congress that such extension will substantially promote the objectives of the Jackson–Vanik amendment, provided neither House of Congress (within 60³ calendar days of the issuance of the executive order) adopts a resolution of disapproval of the extension.

6. The statutory language to implement this proposal shall permit the concurrent resolution or the simple resolution of disapproval to exclude one or more countries from the extensions of the waiver authority. In addition, the concurrent and simple resolutions provided in the draft shall include procedures designed to expedite a vote by each House of Congress.

7. The statutory language of the proposed amendment will be drafted in concert by the Congressional and Executive Branch staff and an agreed statement of legislative intent reflecting the procedures outlined here will be formulated and made part of the record.

1. Source: Ford Library, National Security Adviser, Kissinger–Scowcroft West Wing Office Files, Box 18, Jackson/Vanik Trade Bill. No classification marking. A notation on the paper indicates Ford saw it. The paper was attached to an October 18 memorandum from Jones to Scowcroft that reads: “The attached was returned in the President’s outbox and is forwarded for your information.”
2. The number “45” was substituted by hand for the original number “90.” See Document 221.
3. The number “60” was substituted by hand for the original number “90.”