[House Document 107-222]
[From the U.S. Government Publishing Office]



107th Congress, 2d Session - - - - - - - - - - - House Document 107-222 


 
CONTINUATION OF WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO THE 
                          REPUBLIC OF BELARUS

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER 
  CURRENTLY IN EFFECT FOR THE REPUBLIC OF BELARUS WILL SUBSTANTIALLY 
  PROMOTE THE OBJECTIVES OF SECTION 402, OF THE TRADE ACT OF 1974 
  (PRESIDENTIAL DETERMINATION 2002-21), 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 the Republic of Belarus.
    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 the 
Republic of Belarus required by section 402(c)(2)(B) of the 
Act.
            Sincerely,
                                                    George W. Bush.
                [Presidential Determination No. 2002-21]

                                           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 the Republic of Belarus.

    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 the Republic of Belarus 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 
                        the Republic of Belarus

    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 the 
Republic of Belarus will also substantially promote the 
objectives of section 402 of the Act. Exercise of the waiver 
authority conferred by Section 402 of the Act has permitted the 
United States to conclude and maintain in force, or to seek to 
conclude, bilateral commercial agreements with countries 
subject to Title IV of the Act, and has encouraged freedom of 
emigration in these countries. The reciprocal normal trade 
relations (NTR) trade treatment and other provisions of the 
commercial agreement with Belarus enhance the ability of U.S. 
companies to compete in the Belarusian market. (Exercise of the 
waiver authority with respect to Belarus would also allow 
United States Government credit and investment activities in 
Belarus, but those programs have been suspended in Belarus due 
to strong concerns over the Belarusian authorities' economic 
and human-rights policies.)

                  FREEDOM OF EMIGRATION DETERMINATION

    Soviet-era restrictions on emigration in Belarus have (with 
one exception, noted below) been dismantled, and existing 
restrictions are applied in a manner that allows free 
emigration. A law on entry and exit came into effect on January 
1, 1994 that abolishes the former Soviet requirement of 
mandatory official permission for each trip abroad by 
authorizing Belarusians to receive passports containing 
``global'' exit visas valid for one to five years and for 
travel to all countries. The Belarusian Constitution of 
November 1996, although illegitimately adopted, nevertheless 
specifically grants citizens the right to leave and return as 
they wish. Applicants generally receive a passport and exit 
visa within two to three months of application, although 
widespread petty bribery often accelerates the processing 
period.
    Soviet-era legislation restricting emigration by those with 
access to ``state secrets'' remains in force in Belarus. 
Citizens denied permission to emigrate on this basis are 
informed at the time of denial when they may reapply (usually 
two years). However, this restriction does not discriminate on 
the basis of ethnic identity. None of the human-rights or 
Jewish organizations in Belarus report excessive restrictions 
on the ability of citizens to emigrate.
    I have concluded that issuance of a waiver under Section 
402 of the Act for Belarus will help preserve the gains already 
achieved on freedom of emigration and encourage further 
progress.

                                  
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