[House Document 105-92]
[From the U.S. Government Publishing Office]



105th Congress, 1st Session - - - - - - - - - - - - - House Document 
105-92


 
    UPDATED REPORT ON THE EMIGRATION LAWS AND POLICIES OF ARMENIA, 
               AZERBAIJAN, GEORGIA, MOLDOVA, AND UKRAINE

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   AN UPDATED REPORT CONCERNING THE EMIGRATION LAWS AND POLICIES OF 
  ARMENIA, AZERBAIJAN, GEORGIA, MOLDOVA, AND UKRAINE, PURSUANT TO 19 
                             U.S.C. 2432(b)




    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 a report concerning emigration laws and 
policies of Armenia, Azerbaijan, Georgia, Moldova, and Ukraine 
as required by subsections 402(b) and 409(b) of title IV of the 
Trade Act of 1974, as amended (the ``Act''). I have determined 
that Armenia, Azerbaijan, Georgia, Moldova, and Ukraine are in 
full compliance with subsections 402(a) and 409(a) of the Act. 
As required by title IV, I will provide the Congress with 
periodic reports regarding the compliance of Armenia, 
Azerbaijan, Georgia, Moldova, and Ukraine with these emigration 
standards.

                                                William J. Clinton.

    The White House, June 3, 1997.
Report to Congress Concerning Emigration Laws and Policies of Armenia, 
                Azerbaijan, Georgia, Moldova and Ukraine

    Pursuant to subsection 402(a) and 409(a) of the Trade Act 
of 1974, as amended (``the Act)'', I have determined that 
Armenia, Azerbaijan, Georgia, Moldova and Ukraine are not in 
violation of paragraph (1), (2), or (3) of subsections 402(a) 
and 409(a) of the Act. My determination is attached and 
incorporated herein.
    All current information indicates that the emigration laws 
and practices of Armenia, Azerbaijan, Georgia, Moldova and 
Ukraine satisfy the criteria laid out in subsections 402(a) and 
409(a) of the Act with respect to all matters covered in those 
subsections.
    Armenia: The emigration regime in Armenia, among the least 
restrictive in the New Independent States, was further relaxed 
in 1996. The Ministry of Interior and National Security no 
longer requires Armenian citizens to have invitations from 
countries they intend to visit. Armenian citizens wishing to 
emigrate still face a requirement to ``de-register,'' a process 
which can deny exit permission to those possessing state 
secrets, liable for military service, or having financial 
obligations. In general, failure to ``de-register'' is not a 
barrier to emigrating, but may cause problems for those 
attempting to re-enter Armenia. Under Armenia's liberal 
policies, over 700,000 Armenians have emigrated since 
independence in 1991, of which about 350,000 reside in Russia, 
and 300,000 live in the United States.
    Azerbaijan: The government of Azerbaijan officially 
recognizes freedom of emigration; a law passed in June 1994 
guarantees that right. This right may only be limited in cases 
involving military draft liability, criminal record or pending 
criminal charges, or previous access to state secrets. (The 
latter limitation does not pertain to emigration in CIS 
countries.) The new Azerbaijani constitution, adopted in 1995, 
provides for the right of all citizens to travel abroad. Active 
Jewish emigration to Israel continued in 1996. Germany was the 
second largest destination of Azerbaijani emigrants. According 
to official statistics, in 1996 there were 2,431 emigrants from 
Azerbaijan. In 1996, no one was refused permission to emigrate. 
The remaining Armenian population in Azerbaijan is ten to 
twenty thousand, mostly people of mixed descent or in mixed 
marriages. While official government policy is that Armenians 
are free to travel, low-level officials seeking bribes have 
harassed Armenians wishing to emigrate.
    Georgia: The government of Georgia maintains a policy of 
unrestricted emigration. The 1993 law on emigration remains the 
legal basis for emigration. In addition, the constitution, 
adopted in 1995, guarantees all Georgian citizens unrestricted 
freedom of movement. In 1996, there were no recorded cases in 
which an individual was refused permission to emigrate. The 
government of Georgia adopted and maintained a cooperative 
attitude toward Jewish emigration. A large percentage of the 
Jewish population of Georgia has emigrated without incident.
    Moldova: The Moldovan Constitution guarantees the right of 
citizens to emigrate at will. Before emigrating, outstanding 
financial and judicial obligations must be satisfied. In 1996, 
there were no recorded cases in which an individual was denied 
permission to emigrate. The Government of Moldova has adopted 
and maintained a cooperative attitude toward Jewish emigration. 
A large percentage of the Jewish population of Moldova has 
emigrated without incident.
    Ukraine: Ukrainian law and the 1996 Constitution guarantee 
all Ukrainian citizens the right to emigrate. In 1993, Ukraine 
dropped requirements for exit permission and made all citizens 
eligible for passports that permit free travel abroad. The 
government of Ukraine still requires emigrants to obtain an 
exit visa from the local Office of Visa and Registration 
(OVIR). While intending emigrants may evade this technicality 
by using a tourist passport good for international travel, 
without the exit visa to emigrate, they then may face 
difficulty if they attempt to return to Ukraine for a visit. 
Passports issued before independence in 1991 must be submitted 
for certification of citizenship status. The processing of 
passport applications takes less than two months. Cases 
involving applicants who had or have access to secret 
information usually take longer, but this has not been used 
routinely as grounds for denying permission to emigrate.
    Ukraine does not impose taxes or fees on those who exercise 
their right to emigrate. Tens of thousands of Ukrainian 
citizens emigrate annually, including over 35,000 to the United 
States in 1996. Some applicants have encountered difficulties 
assembling the old documents required for exit visas. Reports 
of local bureaucrats assessing bribes for routine passport and 
exit visa issuance are rife. However, human rights groups 
report that persons need only appeal to national-level 
authorities to resolve their status and establish their right 
to emigrate. There is no standard procedure for this appeal 
inasmuch as there are no grounds for denial of the right to 
emigrate.
    Two individuals were denied exit visas to emigrate in 1996 
because of possession of state secrets, but both were issued 
so-called ``tourist'' passports on which they traveled abroad. 
Also, some draft-age men have been refused the right to 
emigrate until their status is clarified. Ukrainian and 
international human rights groups, leaders of Jewish 
communities in Ukraine, and officials of third governments 
confirm that freedom to emigrate has been established in 
Ukraine.


                  Presidential Determination No. 97-27

                                           The White House,
                                          Washington, June 3, 1997.
Memorandum for the Secretary of State
Subject: Presidential Determination Under Subsections 402(a) and 409(a) 
        of the Trade Act of 1974, as Amended--Emigration Policies of 
        Armenia, Azerbaijan, Georgia, Moldova, and Ukraine

    Pursuant to the authority vested in me by subsections 
402(a) and 409(a) of the Trade Act of 1974 (19 U.S.C. 2432(a) 
and 2439(a) (the ``Act'')), I determine that Armenia, 
Azerbaijan, Georgia, Moldova, and Ukraine are not in violation 
of paragraph (1), (2), or (3) of subsection 402(a) of the Act, 
or paragraph (1), (2), or (3) of subsection 409(a) of the Act.
    You are authorized and directed to publish this 
determination in the Federal Register.

                                                William J. Clinton.

                                
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