[House Document 108-111]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - House Document 108-111
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)
September 3, 2003.--Referred to the Committee on Ways and Means and
ordered to be printed
The White House,
Washington, August 8, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby submit an updated report to the
Congress, prepared by my Administration, consistent with
sections 402(b) and 409(b) of the Trade Act of 1974, as amended
(19 U.S.C. 2432(b) and 2439(b)), 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, with the exception of Turkmenistan. In light of new
developments, I am submitting a waiver for Turkmenistan.
Sincerely,
George W. Bush.
Report to the Congress Concerning Emigration Laws and Policies of
Armenia, Azerbaijan, Kazakhstan, Moldovia, The Russian Federation,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan
This report is submitted consistent with 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 section 402(a) and paragraphs (1), (2), or (3) of
section 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
section 402(a) and paragraphs (1), (2), or (3) of section
409(a) of the Act; and Presidential Determination Number 98-7
of December 5, 1997, and the accompanying report to the
Congress, that Kazakhstan, Kyrgystan, Tajikistan, Turkmenistan,
and Uzbekistan are not in violation of paragraphs (1), (2), or
(3) of section 402(a) and paragraphs (1), (2), or (3) of
section 409(a) of the Act.
Consistent with Section 302(b) of Public Law 106-200, the
President determined on June 29, 2000, that Title IV of the
1974 Trade Act should no longer apply to Kyrgystan, and
pursuant to section 3002 of Public Law 106-476, the President
determined on December 29, 2000, that Title IV of the 1974
Trade Act should no longer apply to Georgia. Therefore, this
reporting requirement is no longer applicable to Kyrgystan and
Georgia.
All current information indicates that the emigration laws
and practices of Armenia, Azerbaijan, Kazakhstan, Moldova, the
Russian Federation, Tajikistan, Ukraine, and Uzbekistan
continue to satisfy the criteria set forth in sections 402(a)
and 409(a) of the Act in respect to all matters covered in
those sections. This finding does not include Turkmenistan.
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, those who have had access to state secrets, or those
involved in pending court cases or whose relatives have lodged
financial claims against them 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. The State Council was abolished
by presidential decree in March 2002 and replaced by a less
formal committee. Since independence in 1991, upwards of one
million Armenian citizens, approximately one-third of the
population at independence, have emigrated or reside semi-
permanently outside the Republic of Armenia. There is a small
but very ancient Armenian-Jewish community, about half of whom
have emigrated to Israel without hindrance since 1991.
AZERBAIJAN
Every Azerbaijani citizen is guaranteed the right to
foreign travel by the 1995 Constitution of Azerbaijan. The laws
of Azerbaijan also officially recognize and protect the right
to emigrate. These rights are respected in practice by the
Government of Azerbaijan.
Male citizens of draft age who have not yet performed their
military service are required to obtain a certain document from
the regional military office before they travel outside
Azerbaijan. No problems in this area have been reported.
Azerbaijani has two distinct Jewish communities, and the
Government has good relations with both. Many of Azerbaijan's
Jews have emigrated to Israel, and this emigration has
proceeded free of Government harassment.
KAZAKHSTAN
The right to emigrate is generally protected by
Kazakhstan's constitution and is generally respected in
practice. Kazakhstan became the first Central Asian country to
abolish the requirement for an exit visa for Kazakhstani
citizens temporarily traveling abroad on July 26, 2001. It is
rare for the Government of Kazakhstan to refuse to grant exit
visas for permanent departure and has generally been connected
with government opponents subject to pending legal cases. A law
on national security prohibits persons who have had access to
state secrets from taking up residence abroad for 5 years after
that access. The Government of Kazakhstan has applied the Law
on State Secrets to block the foreign travel of one former
official since the law's passage in 1999. That official has
since been allowed to travel.
MOLDOVA
The right of citizens to emigrate is guaranteed in
Moldova's constitution and 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
2003. The government eliminated emigration restrictions in
1991. In the 11 years since independence, few difficulties with
emigration have been reported.
THE RUSSIAN FEDERATION
Legal guarantees of the right to emigrate are enshrined in
Russia's constitution and in law, and that right is generally
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 up
to 10 years 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 official
statistics for calendar year 2002 only are available. The
commission held eleven sessions in 2002, meeting once a month
every month except July. During these eleven sessions, the
commission reviewed 203 cases, lifting restrictions in 158
cases (78 percent), leaving restrictions in place in 17 cases
(8.3 percent) and deferring decisions in 25 cases (12 percent)
(one case was deferred three times and counted thrice). NGOs
that have worked with the commission from its initiation
complain that the degree of transparency in the commission's
work has decreased, as human rights activists are no longer
granted free access to the names of the appellants. However,
other information and statistics on the interagency commission
are available on the Internet.
From 1995 through 2002, out of an estimated 2,864 cases
reviewed, the interagency commission lifted restrictions in an
estimated 2,353 cases (82 percent). Since the start of the
Commission in 1995, the annual percentage of positive decisions
had fluctuated between a low of 71 percent in 2000 and a high
of 90 percent in 1995. 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 otherwise release them.
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 or
if they have evaded financial obligations imposed by a court.
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. Persons who wish to emigrate beyond the borders of
the former Soviet Union must receive the approval of the
relevant country's embassy in order to obtain their passport.
Persons who settle abroad are required to inform the Tajikistan
embassy or Tajikistan interests section of the nearest Russian
embassy or consulate.
In August 2002, the Ministry of Security dropped its
requirement for citizens to obtain an exit visa before
traveling abroad. Tajik citizens with a valid passport may
travel abroad without further authorization.
TURKMENISTAN
Following a November 2002 attack on the motorcade of
President Niyazov, the Government of Turkmenistan tightened
control over travel outside of Turkmenistan. Effective March 1,
2003, the Government again made exit visas a requirement for
travel and is using the measure selectively against individuals
identified by the Government of Turkmenistan to impede their
emigration. In addition, relatives of those accused in the
November attack were prevented in some instances from leaving
the country.
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. Border patrols do not require emigrants to have exit
visa stamps, although Ukrainians who intend to take up
permanent residence in another country must inform the local
militia that they will no longer be eligible for public
benefits. Ukraine does not impose taxes or fees on those who
emigrate. Reports have arisen of local bureaucrats assessing
bribes for routine passport issuance. However, human rights
groups reports that persons need only appeal to national-level
authorities to resolve their status and establish their right
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; however, the
Government has not routinely used secrecy as grounds for
denying permission to emigrate. A large percentage of Ukraine's
Jewish population 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 exit visas for foreign travel or emigration,
but grants these permits routinely. The Government has in rare
instances confiscated travel documents of specific individuals.
In most of these cases, we have been able to convince the
Government of Uzbekistan to return the documents.
Exit visas are valid for a period of 2 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. On rare occasions,
the Government has refused to issue these visas. A large
percentage of Uzbekistan's Jewish population has emigrated to
the United States and Israel since Uzbekistan achieved
independence in 1991.