[House Document 105-262]
[From the U.S. Government Publishing Office]



105th Congress 2d Session - - - - - - - - - - - - House Document 105-262


 
   EXTENSION OF WAIVER AUTHORITY FOR THE PEOPLE'S REPUBLIC OF CHINA

                               __________

                                MESSAGE

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

 NOTIFICATION OF HIS DETERMINATION THAT A WAIVER OF THE APPLICATION OF 
 SUBSECTIONS (a) AND (b) OF SECTION 402 OF THE TRADE ACT OF 1974 WITH 
 RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA WILL SUBSTANTIALLY PROMOTE 
 THE OBJECTIVES OF SECTION 402 (PRESIDENTIAL DETERMINATION NO. 98-26), 
                 PURSUANT TO 19 U.S.C. 2432 (c) AND (d)





    June 13, 1998.--Message and accompanying papers referred to the 
         Committee on Ways and Means and ordered to be printed


To the Congress of the United States:
    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 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 determination 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 reasons for such determinations.

                                                William J. Clinton.
    The White House, June 3, 1998.


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 twelve months will substantially promote 
the objectives of section 402, I have today 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 twelve months. In FY 1997, 27,443 U.S. 
immigrant visas were issued to Chinese nationals abroad, up 
slightly from FY 1996. Numbers were made available to 
immigrants from China up to the numerical limitations under 
U.S. law. The figure of 27,443 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.
    In FY 1997, 190,712 U.S. visas were issued worldwide to 
tourists and business visitors from China, a 9 percent increase 
from the FY 1996 total of 174,647. The number of nonimmigrant 
business visas issued to Chinese nationals increased by 8 
percent in FY 1997 (from 134,072 to 144,278), while the number 
of tourist and combination tourist/business visas increased by 
14 percent (from 40,575 to 46,434).
    Also in FY 1997, 23,973 student visas (including exchange 
student visas) were issued, a 9 percent increase from the FY 
1996 total of 22,014.
    The higher volume of visas issued in these categories 
generally reflects the overall 21 percent increase in non-
immigrant visa applications (including issuances and refusals) 
at U.S. consular offices in China in FY 1997 from FY 1996 
levels (262,638 to 317,150).
    The Chinese Government does maintain broad authority to 
deny permission to travel, and there are occasional reports of 
political activists being denied permission to leave the 
country. We have raised such issues with the Chinese 
authorities and, in many instances, visas have been granted.
    The principal constraint on increased emigration continues 
to be the capacity and willingness of other nations to absorb 
Chinese immigrants rather than Chinese policy. Thus, 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 3, 1998.
Memorandum for the Secretary of State
Subject: Determination Under Section 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 section 
402(d)(1) of the Act, 19 U.S.C. 2432(d)(1), that the further 
extension of the waiver authority granted by section 402 of the 
Act will substantially promote the objectives of section 402 of 
the Act. I further determine that 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.

                                
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