[House Document 107-17]
[From the U.S. Government Publishing Office]
107th Congress, 1st Session - - - - - - - - - - - House Document 107-17
EMIGRATION LAWS AND POLICIES OF ARMENIA, AZERBAIJAN, KAZAKHSTAN,
MOLDOVA, THE RUSSIAN FEDERATION, TAJIKISTAN, TURKMENISTAN, UKRAINE,
AND UZBEKISTAN
__________
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 20, 2001.--Referred to the Committee on Ways and Means and
ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
89-011 WASHINGTON : 2001
The White House,
Washington, January 17, 2001.
Hon. J. Dennis Hastert,
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 normal trade relations for these countries and
certain other activities without the requirement of an annual
waiver.
Pursuant to section 302(b) of Public Law 106-200, on June
29, 2000, I determined that title IV of the 1974 Trade Act
should no longer apply to Kyrgyzstan.
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,
William J. Clinton.
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 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
paragraphs (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 paragraphs (1), (2), or (3)
of sections 402(a) and 409(a) of the Act.
Pursuant to Section 302(b) of Public Law 106-200, the
President determined on June 29, 2000, the Title IV of the 1974
Trade Act should no longer apply to Kyrgyzstan. Therefore this
reporting requirement is no longer applicable to Kyrgyzstan.
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 of all matters
covered in those subsections.
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, perhaps as many as 1.5
million Armenian citizens, more than 40 percent of the total
population, may have emigrated or semi-permanently resettled
elsewhere.
azerbaijan
Azerbaijan's 1995 constitution guarantees the right of all
its citizens to travel abroad. The right to emigrate is
officially recognized and protected by Azerbaijani law, and
that right is respected in practice. The government may only
limit the right to emigrate in cases involving military draft
liability, criminal record, or pending criminal charges, or
previous access to state secrets (the last limitation does not
pertain to emigration to other countries of the former Soviet
Union). The government has not interfered with the right to
emigrate in the first half of 2000.
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 by
the Department of Visas and Registration after a number of
bureaucratic requirements have been met. Temporary exit visas
are issued within three days to one month, with fees ranging
from approximately 10 dollars to 52 dollars depending on the
urgency and whether the traveler previously held an exit visa.
Exit visas processed through travel agencies (with an
additional charge from the travel agency) are obtained much
more quickly than those based on private applications. An
opposition leader was not given an exit visa to attend a
conference in London during the past year. Rumors circulated
that the non-issuance was ordered by the National Security
Committee; however, these rumors cannot be confirmed. Other
opposition group leaders were given exit visas during the year.
The typical time frame for issuance of an exit visa for an
intending emigrant is approximately three months, though cases
have taken longer. Delays may occur both with the local police,
in processing criminal checks, and with the Department of Visas
and Registration. Applicants must provide evidence that they
have no outstanding financial obligations. As well, close
relatives with a claim to support from the applicant must give
their concurrence. A law on national security prohibits persons
who have had access to state secrets from taking up residence
abroad for five years.
Outright refusal to grant exit visas (either temporary or
permanent) is rare and is generally connected to those
opponents of the government who are subject to pending legal
cases.
MOLDOVA
The right of citizens to emigrate is guaranteed in
Moldova's constitution. This right 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
2000.
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 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 held four
sessions in 2000. During these four sessions, the commission
reviewed 115 cases, lifting restrictions in 85 cases (74
percent), leaving restrictions in place in 18 cases (16
percent) and deferring decisions in 12 cases (10 percent). (The
Ministry of Foreign Affairs notes these numbers are only a
rough indicator of the commission's activity, as level of
secrecy involved in individual cases varies considerably.)
From 1995 through April 2000, out of 2086 cases reviewed,
the interagency commission refused to lift restrictions in 301
cases (14 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 is that it 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. Persons who
wish to emigrate may do so with the permission of various
ministries.
TURKMENISTAN
Turkmenistan's constitution guarantees to citizens the
right to emigrate, but procedurally permission must first be
obtained 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 the
children are emigrating or not. Those with military obligations
must de-register with the Ministry of Defense. Under Turkmen
law, the Ministry of Foreign Affairs must process the
application and documents for emigration within three months.
Although the Ministry rarely denies such applications, some
opposition figures have been prevented from emigrating.
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 theirright 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.
There is one known case of an exit visa being denied. Six
people, originally from Uzbekistan but now Ukrainian citizens,
were granted U.S. refugee status almost two years ago after
their husbands/fathers were extradited from Ukraine without due
process to Uzbekistan, where they were jailed for life. These
people have been unable to leave Ukraine or Russia for two
years, despite having proof of Ukrainian citizenship, U.S.
refugee status, IOM travel docs and ICRC travel docs. OVIR has
refused to grant them exit permission on the grounds that the
father of two of the children must give his permission, which
he is unable to do from jail.
A lapse in an Israeli-Ukrainian student exchange program in
1999 led to concern about the ability of several hundred
Jewish-Ukrainian students to travel overseas for study in
Israel. While negotiations continued, the Ukrainian Government
took steps to ensure that the students in question could
travel. In April 2000, Ukrainian Education Minister Vasyl
Kremen and Israeli Education Minister Yosi Sarid signed an
agreement on cooperation in the sphere of education which
provides for continuation of the Israeli-Ukrainian student
exchange program. A large percentage of Ukraine's Jewish
population, perhaps as much as 50 percent, 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 exist visas for foreign travel or
emigration, but grants these permits routinely. 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. The country hosts populations of
ethnic Koreans, Meskhetian Turks, Germans, Greeks, 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.