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Jackson–Vanik amendment

The Jackson–Vanik amendment to the Trade Act of 1974 is a 1974 provision in United States federal law intended to affect U.S. trade relations with countries with non-market economies (originally, countries of the Soviet Bloc) that restrict freedom of Jewish emigration and other human rights. The amendment is contained in the Trade Act of 1974 which passed both houses of the United States Congress unanimously, and signed by President Gerald Ford 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 signed the Magnitsky Act (formally titled the Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012)[1][2] that repealed the application of the Jackson–Vanik amendment to Russia and gave normal US trade relations to Russia and Moldova, instead punishing individuals violating human rights.


The amendment is named after its major co-sponsors Henry M. Jackson of Washington in the Senate and Charles A. Vanik of Ohio in the House of Representatives, both Democrats.

Background[edit]

Antisemitism in the Soviet Union under Brezhnev[edit]

Antisemitism in the Soviet Union once again peaked during the rule of Leonid Brezhnev, following Israeli victory in the 1967 Six-Day War. "Anti-Zionist" propaganda, including the film Secret and Explicit, was often antisemitic in nature.[3] Many of Brezhnev's close advisors, most principally Mikhail Suslov, were also fervent antisemites.[4] Jewish emigration to Israel and the United States, which had been allowed in limited amounts under the rule of Khrushchev, once more became heavily restricted, primarily due to concerns that Jews were a security liability or treasonous.[5] Would-be emigrants, or refuseniks, often required a vyzov, or special invitation from a relative living abroad, for their application to be even considered by the Soviet authorities. In addition, in order to emigrate, one needed written permission from all immediate family members. The rules were often stretched in order to prevent Jews from leaving, and ability for appeal was rarely permitted. Substantial fees were also required to be paid, both to emigrate and as "reimbursement".[6]


Institutional racism against Jews was widespread in the Soviet Union under Brezhnev, with many sectors of the government being off-limits.[7] Following the failure of the Dymshits–Kuznetsov hijacking affair, in which 12 refuseniks unsuccessfully attempted to hijack a plane and flee west, crackdowns on Jews and the refusenik movement followed. Informal centres for studying the Hebrew language, the Torah and Jewish culture were closed.[8]


Immediately following the Six-Day War in 1967, the antisemitic conditions started causing desire to emigrate to Israel for many Soviet Jews. A Jewish Ukrainian radio engineer, Boris Kochubievsky, sought to move to Israel. In a letter to Brezhnev, Kochubievsky stated:

U.S. legal challenge[edit]

In April 2011, American University in Moscow professor Eduard Lozansky and former Reagan administration official Antony Salvia filed a federal lawsuit in Washington, D.C. against the Obama administration arguing the law is illegal.[41][42]

Antisemitism in the Soviet Union

Aliyah from the Soviet Union in the 1970s

Migration diplomacy

Refugees as weapons

Refusenik

Jewish emigration from Communist Romania

Stern, Paula (1979). Water's edge : domestic politics and the making of American foreign policy. Westport, Conn.: Greenwood Press.  978-0313205200.

ISBN

Brumley, Robert H. (1990). "Jackson–Vanik: Hard Facts, Bad Law?". Boston University International Law Journal. 8 (2): 363–372.

Jochnick, Christopher B.; Zinner, Josh (1991). "Linking Trade Policy to Free Emigration: The Jackson–Vanik Amendment". Harvard Human Rights Journal. 4 (1): 128–151.

Korey, William (1988). "The Jackson–Vanik Amendment in Perspective". Soviet Jewish Affairs. 18 (1): 29–47. :10.1080/13501678808577593.

doi

Lazin, Fred A. (2011). . The Lawyer Quarterly. 3 (1): 157–169.

"Jewish Influence in American Foreign Policy: American Jewry, Israel and the Issue of Soviet Jewry, 1968–1989"

McMahon, Michael S. (1980). "The Jackson–Vanik Amendment to the Trade Act of 1974: An Assessment after Five Years". Columbia Journal of Transnational Law. 18 (3): 525–556.

Subchapter IV—Trade Relations With Countries Not Receiving Nondiscriminatory Treatment