[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.