[House Document 105-264]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session - - - - - - - - - - - House Document 105-264


 
       EXTENSION OF WAIVER AUTHORITY FOR THE REPUBLIC OF BELARUS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER 
  CURRENTLY IN EFFECT FOR THE REPUBLIC OF BELARUS WILL SUBSTANTIALLY 
    PROMOTE THE OBJECTIVES OF SECTION 402, OF THE TRADE ACT OF 1974 
(PRESIDENTIAL DETERMINATION 98-28), PURSUANT TO 19 U.S.C. 2432 (c) AND 
                                  (d)





    June 3, 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. 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 Republic of Belarus will substantially promote 
the objectives of section 402 of the Act, and my reasons for 
such determination. I will submit separate reports with respect 
to Vietnam and the People's Republic of China.

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


  Report to Congress Concerning the Extension of Waiver Authority for 
                                Belarus

    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 waiver currently applicable to the 
Republic of Belarus will also substantially promote the 
objectives of section 402 of the Act. My determination is 
attached and is incorporated herein.
    The waiver authority conferred by section 402 of the Act 
has permitted the United States to conclude and maintain in 
force, or to seek to conclude, bilateral commercial agreements 
with countries subject to Title IV of the Act, and has 
encouraged freedom of emigration in these countries. The 
reciprocal most-favored-nation (MFN) trade treatment and other 
provisions of the commercial agreement with Belarus enhance the 
ability of U.S. companies to compete in the Belarusian market. 
(Waiver authority would also allow U.S. Government credit and 
investment guarantees to support U.S. trade and investment 
activities in Belarus, but those programs have been suspended 
in Belarus due to the government's economic and human-rights 
policies.)
    Soviet-era restrictions on emigration in Belarus have (with 
one exception, noted below) been dismantled, and existing 
restrictions are applied in a manner that allows free 
emigration. 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 passports containing 
``global'' exit visas valid for one to five years and for 
travel to all countries. The Belarusian constitution of 
November 1996, although illegitimately adopted, nevertheless 
specifically grants citizens the right to leave and return as 
they wish. Applicants generally receive a passport and exit 
visa within two to three months of application, although 
widespread petty bribery often accelerates the processing 
period.
    Soviet-era legislation restricting emigration by those with 
access to ``state secrets'' remains in force in Belarus. 
Citizens denied permission to emigrate on this basis are 
informed at the time of denial when they may reapply (usually 
two years). However, this restriction does not discriminate on 
the basis of ethnic identity. Neither the Belarusian League for 
Human Rights nor the Belarusian National Jewish Council reports 
excessive restrictions on the ability of citizens to emigrate.
    I have concluded that continuing the waiver under section 
402 of the Act in effect for Belarus will help 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 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 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 Republic of Belarus 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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