[House Document 107-221]
[From the U.S. Government Publishing Office]



107th Congress, 2d Session - - - - - - - - - - - House Document 107-221 


 
  CONTINUATION OF WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO 
                                VIETNAM

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER 
  CURRENTLY IN EFFECT FOR VIETNAM WILL SUBSTANTIALLY PROMOTE THE 
  OBJECTIVES OF SECTION 402, OF THE TRADE ACT OF 1974 (PRESIDENTIAL 
  DETERMINATION 2002-22), PURSUANT TO 19 U.S.C. 2432




June 4, 2002.--Referred to the Committee on Ways and Means and ordered 
                             to be printed
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-011                    WASHINGTON : 2002

                                           The White House,
                                          Washington, June 3, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I hereby transmit the document referred 
to in subsection 402(d)(1) of the Trade Act of 1974 (the 
``Act''), as amended, with respect to the continuation of a 
waiver of application of subsections (a) and (b) of section 402 
of the Act to Vietnam.
    I have determined that such a waiver will substantially 
promote the objectives of section 402 and I have instructed the 
Secretary of State to provide a copy of that determination to 
the Speaker of the House of Representatives and the President 
of the Senate. The report also indicates that I have received 
the assurances with respect to the emigration practices of 
Vietnam required by section 402(c)(2)(B) of the Act.
            Sincerely,
                                                    George W. Bush.
                [Presidential Determination No. 2002-22]

                                           The White House,
                                          Washington, June 3, 2002.
Memorandum for the Secretary of State.
Subject: Presidential Determination Under Subsection 402(d)(1) of the 
        Trade Act of 1974, as Amended--Continuation of Waiver Authority 
        for Vietnam.

    Pursuant to the authority vested in me under the Trade Act 
of 1974, as amended, Public Law 93-618, 88 Stat. 1978 
(hereinafter the ``Act''), I determine, pursuant to section 
402(d)(1) of the Act, 19 U.S.C. 2432(d)(1), that the further 
extension of the waiver authority granted by section 402 of the 
Act will substantially promote the objectives of section 402 of 
the Act. I further determine that continuation of the waiver 
applicable to Vietnam will substantially promote the objectives 
of section 402 of the Act.
    On my behalf, please transmit this determination to the 
Speaker of the House of Representatives and to the President of 
the Senate.
    You are authorized and directed to publish this 
determination in the Federal Register.
                                                    George W. Bush.

Report to the Congress Concerning the Extension of Waiver Authority for 
                                Vietnam

    Pursuant to subsection 402(d)(1) of the Trade Act of 1974, 
as amended (``the Act''), I hereby recommend 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 
Vietnam will also substantially promote the objectives of 
section 402 of the Act.

                  FREEDOM OF EMIGRATION DETERMINATION

    Overall, Vietnam's emigration policy has liberalized 
considerably in the last decade and a half. Vietnam has a solid 
record of cooperation with the United States to permit 
Vietnamese emigration. Over 500,000 Vietnamese emigrated as 
refugees or immigrants to the United States under the Orderly 
Departure Program (ODP), and only a small number of refugee 
applicants remain to be processed.
    On September 30, 1999, the Department of State closed the 
ODP office in Bangkok, Thailand and opened the Refugee 
Resettlement Section (RRS) at the United States Consulate 
General in Ho Chi Minh City, Vietnam. The RRS continues to 
process the small number of remaining cases from the ODP and 
Resettlement Opportunity for Vietnamese Returnees (ROVR) 
programs. An in-country program to address the rescue needs of 
individuals who have suffered recent persecution or who have a 
well-founded fear of future persecution on account of race, 
religion, nationality, membership in a particular social group, 
or political opinion, is also managed by the RRS.
    As of May 3, the Government of Vietnam (GVN) has cleared 
for interview all but 27 of the nearly 21,000 individuals who 
applied for consideration under the ROVR program. Applicants 
cleared for interview by the GVN must gather necessary 
documents to support their applications and be scheduled for an 
interview with the Immigration and Naturalization Service 
(INS). The INS has approved 17,195 for admission to the United 
States, 16,228 of whom have departed from Vietnam for the 
United States. An additional 13 individuals await INS 
interview. The GVN cooperates with the United States Government 
to process applicants under the ROVR program. The GVN issues 
passports toVietnamense approved for admission to the United 
States and expedites the departure clearance process.
    Completion of the Former Re-education Camp Detainees 
program, known popularly as the ``HO'' program, remains a high 
priority. To be eligible for this program, applicants must have 
been detained for at least three years in a re-education camp 
because of their association with the United States or the 
former South Vietnamese Government. As of May 3, 2002, there 
were 13 HO cases (comprising 66 persons) that the GVN had not 
yet cleared for interview.
    A sub-group of the HO program consists of the applicants 
covered by the ``McCain Amendment.'' These applicants are 
persons over the age of 21 who the sons and daughters of former 
re-education camp detainees who were approved for admission as 
refugees and for various reasons were not included on their 
parents' cases. As the result of extensions and modifications 
to the legislation since its initial passage in October 1996, 
nearly 10,000 adult children and their accompanying family 
members have been able to join their parents in the United 
States. The number of children eligible for processing in this 
category changes constantly as new applications are received 
and others are processed and depart for the United States. The 
U.S. House of Representatives and Senate recently passed 
identical legislation extending the provision until September 
30, 2003. As of May 3, 227 cases (comprising 859 individuals) 
remain to be processed for resettlement under this program.
    The GVN also continues to cooperate on refugee cases 
involving Montagnards, a term commonly used to identify members 
of ethnic minorities who traditionally have lived in highland 
areas. Of the 88 active cases in this category, 16 cases 
(consisting of 132 people) remain to be cleared for interview. 
The United States Government will continue to press the GVN to 
clear for interview and processing the remaining Montagnard 
refugee cases.
    During the past year, nearly 1,000 Montagnards fled to 
Cambodia and secured UNHCR protection following large-scale 
Montagnard protests in the Central Highlands that occurred in 
February 2001. A tripartite agreement between Vietnam, 
Cambodia, and the UNHCR to ensure the repatriation of these 
Montagnards to Vietnam broke down. Then, Vietnam tried to force 
the repatriation of many Montagnards and objected to third-
country resettlement. Vietnam subsequently accepted 
arrangements to resettle these Montagnards in the United 
States. We are beginning to discuss with Vietnam ways to 
regularize travel of other Montagnards who wish to leave the 
country.
    The United States Government is also committed to 
completing the processing of those individuals eligible for the 
ODP sub-program for former United States Government employees 
who did not receive interviews because of the 1996 suspension 
of the program by the United States. In November 2000, we 
completed the review of the files of applicants who had not 
been processed under this category and determined that 940 
applicants were eligible for interview. We sought 
reconfirmation from the Vietnamese of authorization to proceed 
with the program. In December 2001 the GVN authorized 
processing under this program. Interviews commenced on April 15 
and should be completed by early June.
    The GVN also continues to cooperate in the timely 
processing of current non-refugee immigrant visa cases. In the 
first half of fiscal year 2002, our consular sections issued 
11,229 immigrant visas and 8,468 non-immigrant visas. The 
Department of State anticipates that demand in Vietnam for 
immigrant and non-immigrant visas will grow.
    The United States will not consider our refugee programs to 
be completed until the last applicant has had the opportunity 
to be interviewed, or we have an acceptable accounting for each 
case. United States Government officials both in Washington and 
Vietnam will continue to press the GVN at every level to 
authorize interviews for all those who registered to be 
interviewed for resettlement in the United States as refugees.
    These efforts, together with the extension of the Jackson-
Vanik waiver, will encourage the Vietnamese to further 
liberalize their emigration policy and to continue to resolve 
procedural issues that affect our refugee and immigration 
programs.

                                  
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