[House Document 107-169]
[From the U.S. Government Publishing Office]



                                     

107th Congress, 2d Session - - - - - - - - - - - House Document 107-169


 
                     EMIGRATION LAWS AND POLICIES

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   AN UPDATED REPORT CONCERNING THE EMIGRATION LAWS AND POLICIES OF 
   ARMENIA, AZERBAIJAN, KAZAKHSTAN, MOLDOVA, THE RUSSIAN FEDERATION, 
TAJIKISTAN, TURKMENISTAN, UKRAINE AND UZBEKISTAN, PURSUANT TO 19 U.S.C. 
                                2432(b)




  January 23, 2002.--Referred to the Committee on Ways and Means and 
                         ordered to be printed

                                           The White House,
                                      Washington, January 18, 2002.

Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: On September 21, 1994, President Clinton 
determined and reported to the Congress that the Russian 
Federation was not in violation of paragraphs (1), (2), or (3) 
of subsection 402(a) of the Trade Act of 1974, or paragraphs 
(1), (2), or (3) of subsection 409(a) of that Act. On June 3, 
1997, he also determined and reported to the Congress that 
Armenia, Azerbaijan, Georgia, Moldova, and Ukraine were not in 
violation of the same provisions, and made an identical 
determination on December 5, 1997, with respect to Kazakhstan, 
Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. These 
actions allowed for the continuation of normal trade relations 
for these countries and certain other activities without the 
requirement of an annual waiver.
    On June 29, 2000, pursuant to section 302(b) of Public Law 
106-200, President Clinton determined that title IV of the 1974 
Trade Act should no longer apply to Kyrgyzstan, and on December 
29, 2000, pursuant to section 3002 of Public Law 106-476, he 
determined that title IV of the 1974 Trade Act should no longer 
apply to Georgia.
    As required by law, I am submitting an updated report to 
the Congress concerning the emigration laws and policies of 
Armenia, Azerbaijan, Kazakhstan, 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,
                                                    George W. Bush.


   Report to the Congress Concerning Emigration Laws and Policies of 
   Armenia, Azerbaijan, Kazakhstan, 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 paragraphs (1), (2), or (3) 
of section 402(a) and paragraphs (1), (2), or (3) of section 
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 paragraphs (1), (2), or (3) of section 402(a) and 
paragraphs (1), (2), or (3) of section 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 paragraphs (1), (2), or (3) of section 402(a) and 
paragraphs (1), (2), or (3) of section 409(a) of the Act.
    Pursuant to Section 302(b) of Public Law 106-200, the 
President determined on June 29, 2000, that Title IV of the 
1974 Trade Act should no longer apply to Kyrgyzstan, and 
pursuant to section 3002 of Public Law 106-476, the President 
determined on December 29, 2000, that Title IV of the 1974 
Trade Act should no longer apply to Georgia. Therefore, this 
reporting requirement is no longer applicable to Kyrgyzstan and 
Georgia.
    All current information indicates that the emigration laws 
and practices of Armenia, Azerbaijan, Kazakhstan, 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 to all matters 
covered in those sections.

                                ARMENIA

    The Armenian constitution guarantees the right of its 
citizens to freedom of foreign travel and emigration, and that 
right is respected in practice. Persons subject to military 
service can legally be denied permission to travel abroad, but 
this seldom occurs. Members of religious organizations other 
than the Armenian Apostolic Church are required by law to 
obtain prior permission from the State Council on Religious 
Affairs to travel abroad, but this law has not been enforced 
since 1997. Since independence in 1991, upwards of one million 
Armenian citizens, approximately one-third of the population at 
independence, have emigrated or reside semi-permanently outside 
the Republic of Armenia.

                               AZERBAIJAN

    Azerbaijan's 1995 constitution guarantees the right of all 
its citizens to travel abroad. Azerbaijan's law officially 
recognizes and protects the right to emigrate. The Government 
of Azerbaijan respects these rights in practice, and there is 
active Jewish emigration to Israel. The Israeli Embassy in Baku 
reports that some 45 people have emigrated to Israel since 
Azerbaijani independence in 1991 and strongly commends the GOAJ 
for nurturing a free atmosphere for such travel. They report no 
instances of GOAJ harassment or restrictions toward Jewish 
Azerbaijanis wishing to emigrate.

                               KAZAKHSTAN

    The right to emigrate is protected by Kazakhstan's 
constitution and is respected in practice. On July 26, 2001, 
Kazakhstan became the first country in Central Asia to abolish 
the requirement for an exit visa for Kazakhstani citizens 
temporarily traveling abroad. Outright refusal to grant exit 
visas for temporary or permanent departure is rare and has 
generally been connected with government opponents subject to 
pending legal cases. A law on national security prohibits 
persons who have had access to state secrets from taking up 
residence abroad for five years. The Government has applied the 
Law on State Secrets to block the foreign travel of one former 
official since the law's passage in 1999. That official has 
since been allowed to travel. Two opposition figures were 
temporarily denied permission to board an international flight 
in Almaty in July 2001 in connection with their invitation to 
testify before the House International Relations Committee. 
They missed the hearing, but were subsequently allowed to leave 
Kazakhstan.

                                MOLDOVA

    The right of citizens to emigrate is guaranteed in 
Moldova's constitution and is respected in practice. 
Individuals wishing to emigrate must satisfy any outstanding 
financial and/or judicial obligations before emigrating. No 
reports of denial of emigration rights have been recorded in 
thefirst 6 months of 2001. Moldova's record on free emigration 
is one of the best in the newly Independent States. The government 
eliminated emigration restrictions in 1991, and few difficulties with 
emigration have been reported in the ten years since independence.

                         the russian federation

    Legal guarantees of the right to emigrate are enshrined in 
Russia's constitution and in law, and that right is respected 
in practice. Russian law details the procedures for obtaining 
travel documents and provides clarification of some 
controversial policies. However, it gives the government the 
right to deny permission to travel abroad for given periods up 
to ten years to Russian nationals who had access to classified 
material.
    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 had 
held three sessions in 2001. During these three sessions, the 
Commission reviewed 74 cases, lifting restrictions in 58 cases 
(78 percent), leaving restrictions in place in 9 cases (12 
percent) and deferring decisions in 7 cases (9 percent). (These 
numbers are only a rough indicator of the commission's 
activity, as the level of secrecy involved in individual cases 
varies considerably and the Ministry of Foreign Affairs has not 
provided a full accounting.) NGOs such as ``Movement Without 
Frontiers'' that have worked with the commission from its 
initiation complain that the degree of transparency in the 
commission's work has recently decreased, as human rights 
activists are no longer granted free access to the appellants.
    From 1995, through September 2001, out of 2,543 cases 
reviewed, the interagency commission lifted restrictions in 
2,105 cases (83 percent). Since the start of the Commission in 
1995, the annual percentage of positive decisions had appeared 
to decrease from 90 percent to 71 percent in 2000. So far, 
after nine meetings in 2001, the percentage of positive 
decisions is 77 percent. Human rights organizations point out, 
however, that this number includes only persons who appealed 
the decision to restrict travel to the commission. The total 
number of persons who were refused passports for foreign travel 
on secrecy grounds is thought to be much larger. Russia's 
Ministry of Internal Affairs, however, does not publish these 
statistics or release them to NGOs.
    Russian law also grants the state the right to refuse 
travel abroad to individuals who are the subject of legal 
proceedings or convicts who have not served their sentences. In 
addition, it allows the state to 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.
    In the previous legal regime, there was a requirement that 
Russian citizens obtain a special stamp from the Ministry of 
the Interior in addition to a passport before they emigrate. In 
early 1997, new legislation eliminated this requirement. 
However, the Interior Ministry continues to issue an exit stamp 
equivalent. The policy of the Federal Border Service (FBS) 
reportedly no longer requires the stamp, but, in practice, some 
FBS officers continue to require it.

                               tajikistan

    Tajikistan's constitution provides for the right to 
emigrate, and this right is respected in practice. There is no 
law on emigration. Persons who wish to emigrate may do so with 
the permission of various ministries. Persons who wish to 
emigrate beyond the borders of the former Soviet Union must 
receive the approval of the relevant country's embassy in order 
to obtain their passport. Persons who settle abroad are 
required to inform the Tajikistan embassy or Tajikistan 
interests section of the nearest Russian embassy or consulate.
    The Ministry of Security inhibits freedom of travel by 
requiring citizens who wish to travel abroad to obtain an exit 
visa, but exit visas are rarely denied. This process sometimes 
includes lengthy interviews. The Ministry of Security sometimes 
withholds or delays exit visas when it believes that other 
ministries or NGO's are infringing upon its jurisdiction and 
have not adhered to its formalities for foreign travel.

                              Turkmenistan

    Turkmenistan's constitution guarantees the right to 
emigrate, but in practical terms citizens must first obtain 
permission from the Ministry of Foreign Affairs. In order to 
emigrate, citizens must submit an application, an invitation 
from the country of destination, evidence of freedom from debts 
and other financial obligations, and written consent from 
family members. Divorced applicants with children must present 
an affidavit of consent from their former spouse, whether or 
not the children are emigrating. Those with military 
obligations must de-register with the Ministry of Defense. By 
law, the Ministry of Foreign Affairs must process the 
application and emigration documents within three months. 
Although the Ministry rarely denies such applications, some 
opposition figures have been prevented from emigrating.
    Citizens are not permitted to travel outside the country 
without official permission. The government uses its authority 
to issue passports and exit visas as a means of restricting 
international travel and has exercised it more aggressively in 
the past two years. Most citizens are permitted to emigrate 
without undue restriction.

                                Ukraine

    Ukrainian law and the 1996 constitution guarantee the right 
to emigrate, and that right is respected in practice. All 
citizens are eligible for passports that permit free travel 
abroad. There remains a requirement to obtain an exit visa from 
the local Office of Visas and Registration (OVIR) for 
Ukrainians who intend to take up permanent residence in another 
country. Ukraine does not impose taxes or fees on those who 
emigrate. Reports of local bureaucrats assessing bribes for 
routine passport and exit visa issuances 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 pending clarification of their 
status with the military. Cases involving applicants who have 
had or have access to secret information usually take longer, 
but secrecy has not been used routinely as grounds for denying 
permission to emigrate. A large percentage of Ukraine's Jewish 
population has emigrated to Israel and the United States since 
Ukraine achieved independence in 1991.

                               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 requires 
citizens to obtain exit visas for foreign travel or emigration, 
but grants these permits routinely. The government has in rare 
instances confiscated travel documents of specific individuals.
    Exit visas are valid for a period of two years and no 
longer require an invitation from abroad. Several human rights 
activists were able to leave and reenter the country without 
encountering problems from the government. Uzbekistan rarely 
refuses to issue these visas.
    The country hosts populations of ethnic Koreans, Meskhetian 
Turks, Germans, Greeks, Bukharan Jews and Crimean Tartars 
deported to Central Asia by Stalin during World War II. These 
groups enjoy the same rights as other citizens. Although they 
are free to return to their ancestral homelands, absorption 
problems in those countries have slowed their return.

                                
