[House Document 105-196]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session  - - - - - - - - - - House Document 105-196


 
               EMIGRATION LAWS AND POLICIES OF MONGOLIA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   AN UPDATED REPORT CONCERNING THE EMIGRATION LAWS AND POLICIES OF 
                MONGOLIA, PURSUANT TO 19 U.S.C. 2432(b)





  February 3, 1998.--Referred to the Committee on Ways and Means and 
                         ordered to be printed


                                           The White House,
                                      Washington, January 20, 1998.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: On September 4, 1996, I determined and 
reported to the Congress that Mongolia was not in violation of 
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 status for Mongolia 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 
Mongolia. The report indicates continued Mongolian compliance 
with U.S. and international standards in the area of 
emigration.
            Sincerely,
                                                William J. Clinton.


 Report to Congress Concerning Emigration Laws and Policies of Mongolia

    This report is submitted pursuant to sections 402 and 409 
of the Trade Act of 1974, as amended (``the Act''), following 
Presidential Determination Number 96-51 of September 4, 1996, 
and the accompanying report to Congress, that Mongolia 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 Mongolia 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. Mongolia's ``Law on 
Emigration and Private Trips of Mongolian Citizens Abroad'' has 
been in effect since February 1, 1994. The law gives Mongolian 
citizens the right to move freely within the country, travel 
and emigrate, and return to Mongolia. These rights are 
exercised in fact.
    A passport and exit visa (received for a nominal fee) are 
the only requirements to leave the country. Every citizen has 
the right to return to Mongolia following emigration. Citizens 
may not be forcibly expatriated and may not be deprived of 
citizenship acquired by birth. There are no outstanding 
emigration cases involving the United States and no divided 
family cases in Mongolia. Mongolia has accepted refugees from 
Inner Mongolia.
    In addition to meeting the emigration requirements, 
Mongolia maintains a positive human rights record. The 
Mongolian Constitution provides for freedom of speech, press 
and expression and for an independent judiciary. These freedoms 
are respected in practice. The government, despite economic 
difficulties, is working for the expansion of citizen 
participation in public life.
    At the same time, Mongolia has largely completed its 
political transition to a full fledged multi-party state. There 
were two major elections this year, the quadrennial 
Presidential election and a by-election to fill the former 
parliamentary seat of newly elected President Bagabandi. Both 
of these elections were conducted in a free and fair manner 
under the 1992 constitution. All political parties, including 
the former communist party, are publicly committed to democracy 
and actively participating in democratic institutions.
    There are no impediments to monitoring human rights 
developments in Mongolia.