[House Document 104-81]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-81


 
                     EXTENSION OF WAIVER AUTHORITY

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER 
CURRENTLY IN EFFECT FOR ALBANIA, ARMENIA, AZERBAIJAN, BELARUS, GEORGIA, 
 KAZAKHSTAN, KYRGYZSTAN, MOLDOVA, MONGOLIA, TAJIKISTAN, TURKMENISTAN, 
  UKRAINE AND UZBEKISTAN WILL SUBSTANTIALLY PROMOTE THE OBJECTIVES OF 
SECTION 402, OF THE TRADE ACT OF 1974, PURSUANT TO 19 U.S.C. 2432 (c), 
                                  (d)




June 6, 1995.--Referred to the Committee on Ways and Means and ordered 
                             to be printed
                         LETTER OF TRANSMITTAL

                                           The White House,
                                          Washington, June 2, 1995.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I hereby transmit the document referred 
to in subsection 402(d)(1) of the Trade Act of 1974, as amended 
(the ``Act''), with respect to a further 12-month extension of 
the authority to waive subsections (a) and (b) of section 402 
of the Act. This document constitutes my recommendation to 
continue in effect this waiver authority for a further 12-month 
period, and includes my reasons for determining that 
continuation of the waiver authority and waivers currently in 
effect for Albania, Armenia, Azerbaijan, Belarus, Georgia, 
Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Tajikistan, 
Turkmenistan, Ukraine, and Uzbekistan will substantially 
promote the objectives of section 402 of the Act. I will submit 
a separate report with respect to the People's Republic of 
China.
            Sincerely,
                                                William J. Clinton.
      Report to Congress Concerning Extension of Waiver Authority

    Pursuant to subsection 402(d)(1) of the Trade Act of 1974, 
as amended (``the Act''), I hereby recommend further extension 
of the waiver authority granted by subsection 402(c) of the Act 
for twelve months. I have determined that such extension will 
substantially promote the objectives of section 402 of the Act, 
and that continuation of the waivers currently applicable to 
Albania, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, 
Kyrgyzstan, Moldova, Mongolia, Tajikistan, Turkmenistan, 
Ukraine, and Uzbekistan will also substantially promote the 
objectives of section 402 of the Act. (Note: The Russian 
Federation no longer requires a waiver as it was found in full 
compliance last year. This required a separate report to 
Congress and separate semi-annual reports to Congress 
thereafter.) My determination is attached and is incorporated 
herein.
    The waiver authority conferred by section 402 of the Act is 
an important means of strengthening mutually beneficial 
relations between the United States and the aforementioned 
countries. The waiver authority has permitted the United States 
to conclude and maintain in force bilateral commercial 
agreements with the majority of these countries. These 
agreements are fundamental elements in our political and 
economic relations with these nations. The reciprocal Most-
Favored-Nation (MFN) trade treatment and other provisions of 
these agreements enhance the ability of U.S. companies to 
compete in the relevant markets. Waiver authority has also 
allowed U.S. Government credit and investment guarantees to 
support U.S. trade and investment activities in these 
countries. These considerations clearly warrant this renewal of 
the waiver authority.
    I believe that continuing the current waivers applicable to 
the following countries will substantially promote the 
objectives of section 402 of the Act. Overall, emigration 
policies for almost all of the countries discussed in this 
report have improved over the past five years. An exception is 
Turkmenistan, which has blocked the emigration of the family of 
a political dissident.
    Albania: Regulations on emigration have been liberalized. 
Passports are available to all citizens, and the practice of 
limiting them to specific countries of destination was 
abandoned in 1991.
    Armenia: The government does not restrict emigration for 
political reasons. Travel passports are withheld, however, from 
Armenians lacking invitations from the country that they wish 
to visit, from those possessing state secrets, and from those 
whose relatives have made financial claims against them. The 
Soviet-era Office of Visas and Registrations (OVIR) impedes 
travel and emigration through delays and various bureaucratic 
obstacles, but the government does not actively hinder 
emigration. Members of Armenia's small Jewish and Greek 
communities continued during the past twelve months to emigrate 
at a rapid rate. After the 1988-89 anti-Armenian pogroms in 
Azerbaijan connected with the Nagorno-Karabkh conflict, the 
government discriminated against ethnic Azeris and allowed the 
local population to intimidate them, often violently. The 
government forcibly deported many while the rest fled. It 
appears increasingly unlikely that these people will be able to 
return, as is the case with the nearly 400,000 Armenian 
refugees who fled Azerbaijan after the pogroms.
    Azerbaijan: The Azerbaijani government officially 
recognizes freedom of emigration; a law passed in June 1994 
guarantees that right. This right may only be limited in cases 
involving military draft liability, criminal record or 
impending criminal suit, or previous access to state secrets. 
There were 1,956 Jewish emigrants to Israel in 1944, with no 
applications being denied. Less than one-half of one percent of 
the population in Azerbaijan is comprised of Armenians or part-
Armenians, and most of those are in mixed marriages. There is 
no evidence of government policies designed to prevent 
Armenians from leaving Azerbaijan. In general, low-level 
officials seeking bribes harass members of minorities wishing 
to emigrate.
    Belarus: A law on entry and exit came into effect on 
January 1, 1994 that abolishes the former Soviet requirement of 
mandatory official permission for each trip abroad by 
authorizing Belarusians to receive ``global'' exit visas good 
for from one to five years and valid for travel to all 
countries. In March 1994, the Belarusian parliament ratified a 
new constitution that specifically grants citizens the right to 
leave and return as they wish. Limited issuance of the global 
exit visas began in August 1993, but is currently hampered by a 
one to two month processing period. Soviet-era legislation 
restricting emigration by those with access to ``state 
secrets'' remains in force. However, citizens denied permission 
to emigrate have the right to reapply for emigration after six 
months, except for those who had access to state secrets who 
are informed at the time of denial when they may re-apply, 
usually in two years. Neither the Belarusian League for Human 
Rights nor the Belarusian National Jewish Council report 
excessive restrictions on the ability of citizens to emigrate. 
According to data for the first nine months of 1994, no citizen 
was denied permission to emigrate.
    Georgia: The government of Georgia maintains a policy of 
unrestricted emigration both legally and in practice. The legal 
basis for emigration is the Law on Emigration passed by the 
parliament in 1993. In 1994 no emigration requests were denied. 
The government of Georgia has been extremely accommodating 
towards Jewish emigration. Cases are processed expeditiously, 
usually within one month, and none have been refused in the 
past two years. During the changeover in passports, the 
Georgian government made special arrangements for Jewish 
emigration to Israel when other emigration had ground to a 
halt. The U.S. Embassy in Tbilisi reports that Georgian 
emigration practices are consistent with Jackson-Vanik 
requirements.
    Kazakhstan: The Constitution of Kazakhstan provides for the 
right to emigrate. The right is respected in practice.
    Kyrgyzstan: Kyrgyzstan does not have a law on emigration. 
Administrative procedures dating from the Soviet era require 
that citizens applying for passports must present a letter of 
invitation from the country to which they intend to emigrate. 
There are no reports, however, that citizens presenting such a 
letter were denied a passport or an exit visa. Kyrgyzstan has 
drafted an agreement with Russia to ease voluntary emigration 
for the members of the Russian-speaking minority, which 
provides for the establishment of migration services in 
Kyrgyzstan and Russia in order to facilitate a more orderly 
transition for the migrants.
    Moldova: Moldovans generally were able to travel and 
emigrate freely in 1994. The requirement for exit visas was 
lifted in July 1994. Restrictions on emigration remain in 
force, however, including a requirement to gain the permission 
of close relatives in order to emigrate. The government may 
also deny permission to emigrate if the applicant had access to 
state secrets. New legislation, passed in November 1994, 
retained these emigration restrictions. Such cases are, 
however, very rare, and none were reported in 1994.
    Mongolia: The new Constitution provides Mongolians the 
right to choose their residence, travel and reside abroad, and 
to return to Mongolia. The right to travel abroad may, however, 
be limited by law in order to ensure national security and 
protect public order. At least some Mongolians are required to 
surrender their passports upon completion of foreign travel and 
must request their return for further use.
    Tajikistan: The November 1994 constitution guarantees the 
right to emigrate; however, since no new legislation has been 
adopted on emigration since independence, the 1991 Soviet law 
remains in effect. In practice, the government has not raised 
any significant obstacles to emigration. Persons who wish to 
migrate within the former Soviet Union must simply alert the 
Ministry of Internal Affairs to their departure. Persons 
wishing to migrate beyond the borders of the former Soviet 
Union must receive the approval of the relevant country's 
embassy prior to the issuance of an international passport.
    Some 90% of Tajikistan's 20,000-strong-Jewish community 
have emigrated since 1990, mostly to Israel. As a result of 
conflict, instability and a depressed economy, an estimated 
150,000 ethnic Russians or Russian-speakers and 9,000 ethnic 
Germans left Tajikistan in 1992 and 1993.
    Turkmenistan: Citizens of Turkmenistan are generally 
permitted to emigrate without undue restriction. In one known 
case, the family members of a political dissident have been 
prevented from emigrating. The U.S. government has urged 
Turkmenistan to respect free emigration rights, and in this 
case, to issue the required external passports. Many Russians 
and other non-Turkmen residents have left for other former 
Soviet republics during the past twelve months, and many 
members of the small Jewish community have emigrated to Israel.
    Ukraine: Ukrainian law guarantees all Ukrainian citizens 
the right to emigrate. In 1993 Ukraine dropped requirements for 
exit permission and made all citizens eligible for passport 
that permit free travel abroad. Passports issued before 
independence in 1991 must be submitted for certification of 
citizenship status. The processing of passport applications 
takes less than two months. Cases involving applicants who had 
or have access to secret information usually take longer but 
this has not been used as grounds for denying permission to 
emigrate.
    Ukraine does not impose taxes or fees on excise of the 
right to emigrate. Ten of thousands of Ukrainian citizen 
emigrate annually. Although, through bureaucratic inertia and 
stubbornness at the local level, permission to emigrate for 
former so-called refuseniks is sometimes denied, human rights 
groups report that persons need only appeal to national-level 
authorities to resolve their status and establish their right 
to emigrate. There is no standard procedure for this appeal in 
as much as there are no grounds for denial of the right to 
emigrate, though some draft-age men may be refused the right to 
emigrate until their status is clarified. Ukrainian and 
International Human Rights Groups, leaders of Jewish 
communities in Ukraine, and officials of third governments 
confirm that the freedom to emigrate has been irrevocably 
established in Ukraine.
    Uzbekistan: The Constitution of Uzbekistan guarantees 
citizens free movement across the country's border. Potential 
emigrants who can find a host country willing to accept them 
are able to leave the country. Since independence, a 
significant number of Uzbekistanis, including Russians, Jews, 
Ukrainians, and others have emigrated, although no exact 
figures are available.
    I have concluded that continuing waivers under Section 402 
of the Act in effect for all of the above-mentioned countries 
will help preserve the gains already achieved on freedom of 
emigration and encourage further progress.
                  Presidential Determination No. 95-24

                                           The White House,
                                          Washington, June 2, 1995.
Memorandum for the Secretary of State
Subject: Determination Under Subsection 402(d)(1) of the Trade Act of 
        1974, as Amended--Continuation of Waiver Authority

    Pursuant to subsection 402(d)(1) of the Trade Act of 1974, 
as amended (the ``Act''), I determine that the further 
extension of the waiver authority granted by subsection 402(c) 
of the Act will substantially promote the objectives of section 
402 of the Act. I further determine that the continuation of 
the waivers applicable to Albania, Armenia, Azerbaijan, 
Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, 
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan will 
substantially promote the objectives of section 402 of the Act.
    You are authorized and directed to publish this 
determination in the Federal Register.

                                                William J. Clinton.