[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.