[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.