[House Document 107-82]
[From the U.S. Government Publishing Office]
107th Congress, 1st Session - - - - - - - - - - - House Document 107-82
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 2001-17), PURSUANT TO 19 U.S.C. 2432(c) AND (d)
June 5, 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, June 1, 2001.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby transmit a report including my
reasons for determining that continuation of the waiver
currently in effect for Vietnam under subsection 402(d)(1) of
the Trade Act of 1974, as amended (the ``Act''), will
substantially promote the objectives of section 402 of the Act.
Sincerely,
George W. Bush.
[Presidential Determination No. 2001-17]
The White House,
Washington, June 1, 2001.
Memorandum for the Secretary of State.
Subject: 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.
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. My determination is attached and is
incorporated herein.
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 have 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.
The Government of Vietnam (GVN) cooperates with the United
States Government to process applicants under ODP and the
Resettlement Opportunity for Vietnamese Returnees (ROVR)
program. The GVN issues passports and exit permits to
Vietnamese approved for admission to the United States and, in
the case of ROVR applicants, expedites the departure clearance
process. In FY 1999, we completed processing of the majority of
ODP and ROVR cases.
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 ODP and ROVR cases. A
new, 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 11, 2001, the GVN has cleared for interview all
but 73 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
hasapproved 17,168 for admission to the United States, 16,163 of whom
have departed to the United States. An additional 21 individuals await
INS interview.
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 reeducation camp
because of their association with the United States or the
former South Vietnamese government. As of May 2001, there were
78 HO cases (comprising 331 persons) that the GVN had not yet
cleared for interview.
A sub-group of the HO program consists of applicants
covered by the ``McCain Amendment.'' These applicants are
persons over the age of 21 who are 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, several thousand adult children of re-education
detainees 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. As
of May 11, 2001, nearly 700 cases (comprising some 1,700
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 85 active cases in this category, 37 cases
(consisting of 333 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.
The United States Government is also committed to interview
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 are eligible for
interview. We have sought reconfirmation from the Vietnamese of
authorization to proceed with the program and are awaiting
their response. We anticipate interviews under this program
will commence later this year.
The GVN also continues to cooperate in the timely
processing of current non-refugee immigrant visa cases. The
first half of fiscal year 2001, our consular sections issued
9,259 immigrant visas and 6,596 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 of 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.