[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.