[House Document 104-82]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - - - House
Document 104-82
EXTENSION OF WAIVER AUTHORITY FOR THE PEOPLE'S REPUBLIC OF CHINA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER
CURRENTLY IN EFFECT FOR THE PEOPLE'S REPUBLIC OF CHINA 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 submit the document referred to
in subsection 402(d)(1) of the Trade Act of 1974, as amended
(``the Act''), with respect to the continuation of a waiver of
application of subsections (a) and (b) of section 402 of the
Act to the People's Republic of China. This document
constitutes my recommendation to continue in effect this waiver
for a further 12-month period and includes my reasons for
determining that continuation of the waiver currently in effect
for the People's Republic of China will substantially promote
the objectives of section 402 of the Act, and my determination
to that effect.
Sincerely,
William J. Clinton.
Report to the Congress Concerning the Extension of Waiver Authority for
the People's Republic of China
Pursuant to subsection 402(d)(1) of the Trade Act of 1974
(hereinafter ``the Act''), as amended, having determined that
further extension of the waiver authority granted by subsection
402(c) of the Act for 12 months beginning July 3, 1995, will
substantially promote the objectives of section 402, I have
determined that continuation of the waiver currently applicable
to China will also substantially promote the objectives of
section 402 of the Act. My determination is attached and
incorporated herein.
Freedom of Emigration Determination
China's relatively free emigration policies have continued
during the past 12 months. In FY-1994, 20,891 U.S. immigrant
visas were issued to Chinese nationals abroad, down about 18
percent from FY-1993. The numerical limitation under U.S. law
for immigrants from China was fully subscribed. The figure of
20,891 includes only immigrant visas issued at U.S. consular
offices abroad, and does not take into account adjustments of
status at INS offices in the United States. During FY-1994, the
decrease in immigrant visa issuances was due mainly to a much
increased use of visa numbers at INS offices for adjustments of
status by spouses and children of Chinese Student Protection
Act (CSPA) beneficiaries.
In FY-1994, 115,660 U.S. visas were issued worldwide to
tourists and business visitors from China, an approximate 12
percent decrease from the FY-1993 total of 131,261. The number
of nonimmigrant business and combination business/tourist visas
issued to Chinese nationals decreased by almost 20 percent in
FY-1994 (from 109,725 to 88,131), while the number of tourist
visas increased by almost 28 percent (from 21,536 to 27,529). A
decline in issuances does not reflect a decline in
applications, which have steadily increased since late in the
summer of 1994. There has been an increase of between 25 and 30
percent in applications in the last 7 months of 1994 over those
of the same period in 1993.
Also in FY-1994, 18,955 student visas (including exchange
student visas) were issued, down from the FY-1993 total of
19,973. The slight downturn in issuances is attributable in
part to more scrutiny of sources of private funding, buttressed
by greater anti-fraud activity, and a decreasing amount of
institutional funding available.
The principal restraint on increased emigration continues
to be the capacity and willingness of other nations to absorb
Chinese immigrants, rather than Chinese policy. After
considering all the relevant information, I have concluded that
continuing the waiver will preserve the gains already achieved
on freedom of emigration and encourage further progress.
The White House,
Washington, June 2, 1995.
[Presidential Determination No. 95-23]
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 the authority vested in me under the Trade Act
of 1974, as amended, Public Law 93-618, 88 Stat. 1978
(hereinafter ``the Act''), I determine, pursuant to subsection
402(d)(1) of the Act, 19 U.S.C. 2432(d)(1), 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 waiver applicable to the People's Republic of China 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.