[House Document 105-91]
[From the U.S. Government Publishing Office]
105th Congress, 1st Session - - - - - - - - - - - House Document 105-91
EXTENSION OF WAIVER AUTHORITY FOR ALBANIA, BELARUS, KAZAKSTAN,
KYRGYZSTAN, TAJIKISTAN, TURKMENISTAN, AND UZBEKISTAN
__________
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 ALBANIA, BELARUS, KAZAKSTAN, KYRGYZSTAN, TAJIKISTAN,
TURKMENISTAN, AND UZBEKISTAN WILL SUBSTANTIALLY PROMOTE THE OBJECTIVES
OF SECTION 402, PURSUANT TO 19 U.S.C. 2432(c) AND (d)
June 3, 1997.--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 a further 12-month extension of 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,
Belarus, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan will substantially promote the objectives of section
402 of the Act. I have submitted a separate report with respect
to the People's Republic of China.
William J. Clinton.
The White House, June 3, 1997.
Report to Congress Concerning the Extension of Waiver Authority for
Albania, Belarus, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan and
Uzbekistan
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, Belarus, Kazakstan, Kyrgyzstan, Tajikistan,
Turkmenistan and Uzbekistan 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 bilateral commercial agreements with these countries. 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
some of 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.
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.
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 passports containing
``global'' exit visas good for from one to five years and valid
for travel to all countries. This is still a two-step process:
first a passport must be obtained, then an exit visa. In
November 1996, Belarus adopted a new constitution that
specifically grants citizens the right to leave and return as
they wish. Issuance of new passports began in August 1993, and
applicants generally receive a passport and exit visa within 2-
3 months of application. Reports to the U.S. Embassy in Minsk
indicate that the widespread practice of petty bribery often
accelerates or delays the 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 re-apply 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 reapply (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. During 1996, no citizen was denied
permission to emigrate.
Kazakstan: The constitution of Kazakstan provides for the
right to emigrate. The right is respected in practice. However,
all intending emigrants must obtain an exit visa from the
government before they are allowed to emigrate. Exit visas are
only issued after a number of bureaucratic requirements have
been met. For example, close relatives with a claim to support
from the applicant must give their concurrence. Intending
emigrants must also obtain evidence that they have no
outstanding financial obligations before the government will
issue an exit visa. There have been no reports of Kazakstani
citizens being denied permission to emigrate.
Kyrgyzstan: Kyrgyzstan does not yet have a law on
emigration. The government currently is following procedures as
outlined in a draft law on emigration, which the Parliament is
expected to pass soon. This draft law is based on the
emigration practices of the Soviet era. According to the draft
law and current practice, citizens who wish to emigrate must
present an application to the Office of Visa and Registration
(OVIR). This application is filed on behalf of the intending
emigrant by his/her parents or spouse and states that the
person has the permission of the next-of-kin to emigrate. The
applicant also must present legal documents concerning marital
status, outstanding debts, and other facts. The applicant
should have an invitation from a relative living abroad. Once
the appropriate documents have been filed with OVIR, the
applicant must pay 750 soms, about U.S. $40.
Reports from OVIR indicate that less than 10 percent of
those who applied for emigration in 1996 were refused. Those
refusals were based on the fact that the applicant or the
inviting party had illegally emigrated or significantly over-
stayed a tourist visa.
Kyrgyzstan has an agreement with other members of the
Commonwealth of Independent States (CIS) to ease emigration.
This agreement allows for Kyrgyz citizens to move to any member
of the CIS without having to go through the above
mentionedprocess with OVIR. These citizens may simply move to another
CIS country, then check in with the local OVIR office of that country
and the Kyrgyz Embassy. The citizen will be expected to renounce his/
her citizenship upon establishing residence in another country.
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. The
charge for Tajikistan citizens to obtain an international
passport is around U.S. $15, and an exit visa for the purpose
of emigration costs around U.S. $100.
Over 90 percent of Tajikistan's 20,000-strong Jewish
community are estimated to 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: The Turkman Constitution of 1994 guarantees
the right of citizens of Turkmenistan to emigrate, and Turkmen
citizens are permitted to emigrate without undue restriction.
Many Turkmen citizens have already emigrated to other
countries, including other former Soviet Republics and Israel.
Turkmen citizens who wish to emigrate must obtain
permission from the Ministry of Foreign Affairs. Required
documents are an application, invitation from the country of
intended travel, evidence of freedom from debts and financial
obligations, and either written consent from parents or consent
specified in parents' death certificates. If the applicant is
divorced, and either taking or leaving a child, an affidavit
from the former spouse consenting to emigration is also
required. Those with military obligations must de-register with
the Ministry of Defense.
The Ministry of Foreign Affairs is legally mandated to
process the application and documents for emigration within
three months. The fees for Turkmen passports and exit visas are
reasonable and denials for permission to emigrate have been
rare. Prior to emigration, Turkmen citizens must submit their
internal passports to the Ministry of Internal Affairs. Russia
and Turkmenistan have a bilateral agreement giving favorable
treatment to citizens emigrating to the other country. For
example, exit visas are waived, they have the right to sell
their property privately, and customs taxes are reduced.
Uzbekistan: The constitution of Uzbekistan guarantees
citizens free movement across the country's borders, and this
right is generally respected in practice. Passports are
generally available to all citizens and are not limited by
country of destination. Exit permission is required, but the
process has been vastly simplified, and permission is valid for
multiple exits within two years. Potential emigrants who can
find a host country willing to accept them are able to leave
the country. Since independence, several hundred thousand
people (chiefly ethnic Russians, but also Jews, Tatars, and
Germans) have emigrated. Although possession of state secrets
technically is still a ground for refusal of exit permission
under the law, embassies of major western emigration
destinations (United States, Israel, Germany) report no
instances of applicants being denied permission to emigrate.
Fees associated with emigration are not excessive.
I have concluded that continuing waivers under Section 402
of the Act in effect for Albania, Belarus, Kazakstan,
Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan will help
preserve the gains already achieved on freedom of emigration
and encourage further progress.
Presidential Determination No. 97-28
The White House,
Washington, June 3, 1997.
Memorandum for the Secretary of State
Subject: Presidential 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, Belarus, Kazakstan,
Kyrgyzstan, Tajikistan, Turkmenistan, 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.