[House Document 106-5]
[From the U.S. Government Publishing Office]




106th Congress, 1st Session - - - - - - - - - - - House Document 106-5

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                A REPORT ON MOST-FAVORED-NATION STATUS

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

REPORT THAT NONMARKET ECONOMY COUNTRIES, RECEIVING MOST-FAVORED-NATION 
STATUS, DO NOT IMPOSE UNREASONABLE EMIGRATION RESTRICTIONS, PURSUANT TO 
                           19 U.S.C. 2432(b)




   January 6, 1999.--Referred to the Committee on Ways and Means and 
                         ordered to be printed

                               --------

                    U.S. GOVERNMENT PRINTING OFFICE                    
69-011                     WASHINGTON : 1999




                                           The White House,
                                     Washington, December 29, 1998.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: On September 21, 1994, I determined and 
reported to the Congress that the Russian Federation was not in 
violation of paragraph (1), (2), or (3) of subsection 402(a) of 
the Trade Act of 1974, or paragraph (1), (2), or (3) of 
subsection 409(a) of that Act. On June 3, 1997, I determined 
and reported to the Congress that Armenia, Azerbaijan, Georgia, 
Moldova, and Ukraine were not in violation of the same 
provisions, and I made an identical determination on December 
5, 1997, with respect to Kazakhstan, Kyrgyzstan, Tajikistan, 
Turkmenistan, and Uzbekistan. These actions allowed for the 
continuation of most-favored-nation (MFN) status for these 
countries and certain other activities without the requirement 
of an annual waiver.
    As required by law, I am submitting an updated report to 
the Congress concerning the emigration laws and policies of 
Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, 
the Russian Federation, Tajikistan, Turkmenistan, Ukraine, and 
Uzbekistan. The report indicates continued compliance of these 
countries with international standards concerning freedom of 
emigration.
            Sincerely,
                                                William J. Clinton.



   Report to the Congress Concerning Emigration Laws and Policies of 
  Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, the 
 Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan

    This report is submitted pursuant to sections 402 and 409 
of the Trade Act of 1974, as amended (``the Act''), following 
Presidential Determination Number 94-51 of September 21, 1994, 
and the accompanying report to the Congress, that the Russian 
Federation is not in violation of paragraph (1), (2), or (3) of 
sections 402(a) and 409(a) of the Act, Presidential 
Determination Number 97-27 of June 3, 1997, and the 
accompanying report to the Congress, that Armenia, Azerbaijan, 
Georgia, Moldova, and Ukraine are not in violation of paragraph 
(1), (2), or (3) of sections 402(a) and 409(a) of the Act; and 
Presidential Determination Number 98-7 of December 5, 1997, and 
the accompanying report to the Congress, that Kazakhstan, 
Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan are not in 
violation of paragraph (1), (2), or (3) of sections 402(a) and 
409(a) of the Act.
    All current information (which has changed little since the 
last report) indicates that the emigration laws and practices 
of Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, 
Moldova, the Russian Federation, Tajikistan, Turkmenistan, 
Ukraine, and Uzbekistan continue to satisfy the criteria set 
forth in sections 402(a) and 409(a) of the Act in respect of 
all matters covered in those subsections.

                                armenia

    Armenia's constitution provides for freedom of movement 
within the country, foreign travel, emigration, and 
repatriation. There have been no reports of individuals being 
denied the right to emigrate in 1998. Up to one-third of the 
population has temporarily or permanently emigrated during the 
last seven years. Armenians wishing to emigrate still face a 
requirement to ``deregister,'' a process that can deny exit 
permission to those possessing state secrets, to those subject 
to military service, and to those whose relatives have made 
financial claims against them. Travel passports can also be 
denied to persons in these categories. In general, failure to 
``deregister'' is not a barrier to emigrating, but may cause 
problems for those attempting to re-enter Armenia subsequently.

                               azerbaijan

    The Government of Azerbaijan officially recognizes freedom 
of emigration, and a law passed in June 1994 guarantees that 
right. This right may be limited only 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 to other NIS 
countries). Azerbaijan's constitution provides for the right of 
all citizens to travel abroad. The remaining Armenian 
population in Azerbaijan is 10,000-20,000, mostly people of 
mixed nationality 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 based on a 1993 law and constitutional 
provisions guaranteeing unrestricted freedom of movement. In 
1998 there were no recorded cases in which an individual was 
refused permission to emigrate.

                               kazakhstan

    Kazakhstan's constitution provides for the right to 
emigrate. This right is respected in practice. An exit visa is 
required for all Kazakhstanis, including intending emigrants, 
who wish to travel abroad. Exit visas are routinely issued 
after a number of bureaucratic requirements have been met, such 
as provision of evidence that the intending emigrant has left 
behind no outstanding financial obligations. Close relatives 
who claim that they are supported by the applicant must give 
their concurrence. The new Law on National Security prohibits 
persons who had access to state secrets from taking up 
permanent residence abroad for five years. Refusals to grant 
exit visas are rare.

                               kyrgyzstan

    Kyrgyzstan allows most citizens to emigrate without undue 
delays and restrictions. Kyrgyzstan does not yet have a law on 
emigration and is following procedures outlined in a draft law 
on emigration that is under consideration by the parliament. 
Citizens who wish to emigrate must present an application and 
various documents to the Office of Visas and 
Registration(OVIR). A Soviet-era law prohibits emigration within five 
years of working with ``state secrets,'' but no one is believed to have 
been banned from emigration under this statute in 1998. Emigrants are 
not prevented from returning to Kyrgyzstan.

                                moldova

    Moldova's constitution guarantees the right of citizens to 
emigrate at will. Before emigrating, outstanding financial and 
judicial obligations must be satisfied. In 1998 there were no 
recorded cases in which an individual was denied permission to 
emigrate.

                                 russia

    Legal guarantees of the right to emigrate are codified in 
Russia's constitution and in law. Russian law details the 
procedures for obtaining travel documents and provides 
clarification of some controversial policies. However, the 
government may prevent Russian nationals who had access to 
classified material from traveling abroad.
    The law provides a measure of transparency by requiring 
that any denial of exit permission on secrecy grounds must 1) 
specify reasons for and duration of the restriction, and 2) 
indicate the full name and legal address of the organization 
that requested the restriction. The law also formalized the 
status of an interagency commission that hears appeals of 
Russian nationals refused permission to travel based on secrecy 
grounds. As of the writing of this report, the Commission held 
10 sessions in 1998, reviewing 422 cases and ruling favorably 
in 81 percent of these cases.
    The list of ``Refuseniks'' (would-be emigres, the bulk of 
whom have been denied permission to leave on secrecy grounds) 
maintained by human rights organizations has decreased from 
over 1,000 in the late 1980's to around 20 in 1998.
    Russian law also allows the state to prevent individuals 
who are the subject of legal proceedings or convicts who have 
not served their sentences from traveling abroad. In addition, 
the state may deny travel abroad ``temporarily'' if an 
individual has evaded financial obligations imposed by a court, 
such as alimony payments. This rule has allowed relatives or 
former spouses to delay or even veto emigration plans of some 
Russian nationals.
    One holdover from the previous legal regime has been the 
requirement that Russian citizens obtain a special stamp from 
the Ministry of the Interior in addition to a passport before 
they emigrate. The American Embassy in Moscow has received 
reports that the Ministry of Interior stamp is no longer 
required for Russian nationals who are departing for permanent 
residence abroad. The Embassy is seeking official confirmation 
that this is now the normal procedure throughout the Russian 
Federation. The time for processing travel applications for a 
Russian national without a passport who wishes to travel abroad 
is approximately three months.

                               tajikistan

    Tajikistan's constitution provides for the right of every 
citizen to emigrate from and return to Tajikistan. The 
government generally respects these rights. Tajikistan does not 
yet have a law on emigration. As a result, the 1991 Soviet law 
remains in effect. The government does not raise any 
significant obstacles to emigration.

                              turkmenistan

    Turkmenistan's constitution guarantees the right of 
citizens to emigrate. 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 written consent from family members. 
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 deregister with the Ministry of Defense. The Ministry of 
Foreign Affairs is legally mandated to process the application 
and documents for emigration within three months. Denials of 
permission to emigrate have been rare, though some government 
opponents have been denied the opportunity to emigrate.

                                ukraine

    Ukrainian law and the 1996 constitution guarantee all 
Ukrainian citizens the right to emigrate. Ukraine has no 
requirement for exit permission and all citizens are eligible 
for passports that permit free travel abroad. The government 
still requires emigrants to obtain an exit visa from the local 
Office of Visas and Registration (OVIR). While intending 
emigrants may evade this requirement by using a tourist 
passport good forinternational travel, without the exit visa to 
emigrate they may face difficulty on their return to Ukraine. Effective 
January 1, 1998, old Soviet passports became invalid, and all 
Ukrainians, including those emigrating, must have passports issued by 
the Government of Ukraine. 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 secrecy has not 
been used routinely as grounds for denying permission to emigrate.
    Ukraine does not impose taxes or fees on those who 
emigrate. Reports of local bureaucrats assessing bribes for 
routine passport and exit visa issuance are common. However, 
human rights groups report that persons need only appeal to 
national-level authorities to resolve their status and 
establish their right to emigrate. Some draft-age men have been 
refused the right to emigrate until their status with the 
military is clarified.

                               uzbekistan

    Uzbekistan's constitution provides for free movement within 
the country and across its borders, and the government has 
generally respected this right. The government has largely 
completed the process of issuing new passports in place of old 
Soviet ones.
    Exit visas are in principle easy to obtain, are valid for a 
period of two years, and no longer require an invitation from 
abroad. However, local authorities sometimes withhold or delay 
issuance of passports or visas for political and administrative 
reasons to prevent persons from making short-term trips abroad, 
including some individuals selected to participate in official 
exchange programs. Other persons have allegedly received their 
passports or exist visas only after paying bribes. Those who 
leave without an exit visa may be subject to severe penalties 
upon return.
    Although in some instances emigrants from Uzbekistan are 
delayed by long waits for passports and exist visas, potential 
emigrants who can find a host country willing to accept them 
are able to leave the country.

                                
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