[House Document 106-254]
[From the U.S. Government Publishing Office]



106th Congress, 2d Session - - - - - - - - - - - - House Document 106-254


 
CONTINUATION OF WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO THE 
                          REPUBLIC OF BELARUS

                               __________

                             COMMUNICATION

                                  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, 
                 PURSUANT TO 19 U.S.C. 2432 (c) AND (d)




June 6, 2000.--Referred to the Committee on Ways and Means and ordered 
                             to be printed
                                           The White House,
                                          Washington, June 2, 2000.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I hereby transmit a report including my 
reasons for determining that continuation of the waiver 
currently in effect for the Republic of Belarus under 
subsection 402(d)(1) of the Trade Act of 1974, as amended (the 
``Act''), will substantially promote the objectives of section 
402 of the Act.
            Sincerely,
                                                William J. Clinton.
Report to the 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 have recommended 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 normal trade relations (NTR) 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 activities in Belarus, but 
those programs have been suspended in Belarus due to the 
government's economic and human rights policies.)
Freedom of Emigration Determination
    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. None of the human rights or 
Jewish organizations in Belarus 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.
                [Presidential Determination No. 2000-22]

                                           The White House,
                                          Washington, June 2, 2000.
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 for Belarus.

    Pursuant to the authority vested in me under the Trade Act 
of 1974, as amended, Public Law 93-618, 88 Stat. 1978 (the 
``Act''), I have determined, 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 subsection 402(c) 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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