[House Document 104-154]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - - House
Document 104-154
EMIGRATION LAWS AND POLICIES OF THE RUSSIAN FEDERATION
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN UPDATED REPORT CONCERNING THE EMIGRATION LAWS AND POLICIES OF THE
RUSSIAN FEDERATION, PURSUANT TO 19 U.S.C. 2432(b)
January 3 (legislative day, December 22, 1995), 1996.--Message and
accompanying papers referred to the Committee on Ways and Means and
ordered to be printed
To the Congress of the United States:
On September 21, 1994, I determined and reported on the
Congress that the Russian Federation is in full compliance with
the freedom of emigration criteria of sections 402 and 409 of
the Trade Act of 1974. This action allowed for the continuation
of most-favored-nation (MFN) status for Russia and certain
other activities without the requirement of an annual waiver.
As required by law, I am submitting an updated report to
the Congress concerning the emigration laws and policies of the
Russian Federation. You will find that the report indicates
continued Russian compliance with U.S. and international
standards in the area of emigration.
William J. Clinton.
The White House, December 29, 1995.
Report on Progress Concerning Emigration Laws and Policies of the
Russian Federation
This report is submitted pursuant to sections 402 and 409
of the Trade Act of 1974, as amended (``the Act''), following
Presidential Determination Number 94-51 of September 21, 1994,
and the accompanying report to Congress, that the Russian
Federation is not in violation of paragraphs (1), (2) or (3) of
sections 402(a) and 409(a) of the Act.
All current information indicates that the emigration laws
and practices of the Russian Federation continue to satisfy the
criteria set forth in sections 402(a) and 409(a) of the Act in
respect of all matters covered in those subsections.
The Russian Constitution adopted by referendum on December
12, 1993 guarantees all Russian citizens the right to emigrate.
A new procedure in line with international standards governing
citizens' travel abroad came into force in Russia on January 1,
1993. The Russian Duma, the lower house of the Russian
Parliament, recently heard the first reading of new legislation
governing exit and entry procedures. The time for processing
passport applications is three months on average. Cases
involving applicants who had or have access to secret
information usually take at least four months to process.
Russia does not impose more than nominal taxes or fees on
emigration.
Consistent with international legal standards, the
government of Russia established a body in June 1993 chaired by
a Deputy Foreign Minister to hear appeals of cases in which
permission to emigrate is refused on the basis of access to
state secrets. The Commission has met over 30 times and has
heard over 500 cases since its inception. According to an
advocacy group, from June 1995 (when the last report was
submitted to Congress) to November 1995, the Interagency
Commission met seven times and reviewed 195 cases--181 of these
cases were decided in favor of the applicant, one applicant
will be granted permission to travel in January 1996, seven
applicants were refused permission to travel until the
expiration of the five-year period of prohibition against
travel abroad due to an individual's previous access to
sensitive secrets, and decisions on six cases were postponed
pending the receipt of additional information. Because there is
currently a backlog of 200 to 250 cases before the Commission,
it can take more than six months to have a case heard.
The United States has consistently urged the Russian
government to resolve so-called ``poor relative'' cases in
which permission to emigrate is refused on the basis of
unresolved financial obligations to immediate relatives. A
draft law on poor relatives recently had its first reading in
the Russian Duma. We have received encouraging reports that
some Russian courts are now hearing these ``poor relative''
cases, and in two instances courts in St. Petersburg decided in
favor of the applicants seeking to emigrate. We will continue
to follow closely the progress of the Russian courts on this
issue to determine if they provide an effective mechanism for
resolving these cases.
As a result of such progress, tens of thousands of Russian
citizens emigrate annually. In 1994, 25,198 Russian citizens
emigrated to Israel. The number of cases on the listings of
refuseniks maintained by American Jewish organizations has
decreased from over 1,000 in the late 1980's to a much smaller
number today. Russian and American human rights groups, leaders
of Jewish communities in Russia, and officials of third
governments have told us repeatedly in the past year and a half
that freedom of emigration is a reality in Russia.
Moreover, the Russian government has made firm public
statements against anti-Semitism and intolerant behavior.
During the May 9 events commemorating the 50th anniversary of
the end of World War II in Europe, President Yeltsin
highlighted the need to prevent the rise of fascism in Russia.
In March, the President issued a decree ``On Measures to Ensure
Coordinated Activities of State Power Bodies in Fighting
Fascism and Other Forms of Political Extremism in the Russian
Federation.'' During the January 1994 Moscow Summit, President
Yeltsin joined President Clinton in condemning anti-Semitism
and all forms of ethnic and religious intolerance. This marked
the first public denunciation of anti-Semitism by Moscow's top
leader in Russian history.
Prime Minister Chernomyrdin has also expressed concern
about anti-Semitism. In September 1994, he sent an
unprecedented Rosh Hashanah greeting to Russian Jews. Within
hours of his arrival in the United States in June 1994, Prime
Minister Chernomyrdin met with American Jewish leaders at his
official residence to hear their concerns about human rights
and the treatment of Russian Jews. He later visited the
Holocaust Museum, an event which was widely reported in the
Russian media.
We recognize that actions and statements by Russian leaders
cannot by themselves eradicate the roots of intolerance. But
they constitute a crucial step forward toward that goal. We
commend Russian government authorities at all levels for
efforts they have made to discourage such behavior and will
continue to work with Russian officials to ensure such efforts
continue and are strengthened.
In addition to having made great progress in its emigration
practices, the Russian Federation has productive relations with
the United States and has taken steps necessary for transition
to a democratic, free market society.