[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.

                                
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