[House Document 108-113]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - House Document 108-113
EXTENSION OF WAIVER AUTHORITY
FOR TURKMENISTAN
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
NOTIFICATION OF HIS DETERMINATION THAT A WAIVER OF THE APPLICATION OF
SUBSECTIONS (a) AND (b) OF SECTION 402 OF THE TRADE ACT OF 1974 WITH
RESPECT TO TURKMENISTAN WILL SUBSTANTIALLY PROMOTE THE OBJECTIVES OF
SECTION 402, PURSUANT TO 19 U.S.C. 2432 (c) AND (d)
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 transnit the document referred
to in subjection 402(c)(2) of the Trade Act of 1974, as
amended, with respect to a waiver of the application of
subsections 402(a) and (b) of that Act to Turkmenistan.
I report in that document my determination that such a
waiver will substantially promote the objectives of section
402. I have instructed the Secretary of State to provide a copy
of that determination to the Speaker of the House of
Representatives and President of the Senate. I have also
provided a separate report, prepared by my Administration,
indicating that I have received the assurances with respect to
the emigration practices of Turkmenistan required by section
402(c)(2)(B) of that Act.
Sincerely,
George W. Bush.
Report to the Congress Concerning a Waiver of Subsections 402(a) and
(b) of the Trade Act of 1974--Turkmenistan
Consistent with subsection 402(c)(2) of the Trade Act of
1974, as amended (hereinafter the ``Act''), the President has
issued an Executive Order waiving the application of
subsections (a) and (b) of section 402 of the Act with respect
to Turkmenistan.
This determination is made consistent with subsection
402(c)(2)(A) of the Act and based on received assurances
consistent with section 402(c)(2)(B) 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.
Through the last reporting period, Turkmenistan generally
complied with the specific emigration requirements of the
Jackson-Vanik amendment to the Act (see Section 402(a) of the
Act). Soviet-era restrictions on emigration were in large part
dismantled, and existing restrictions did not impede free
emigration. In a particularly positive development, the
Government of Turkmenistan ended in 2002 a requirement that
Turkmen citizens obtain an exit visa prior to traveling abroad.
In recent months, these gains have been reversed. 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.
The Government of Turkmenistan insists that the re-
imposition of exit visas is a temporary measure, based on
security concerns related specifically to the November 2002
attack, and that this measure will be lifted. Given that the
Government of Turkmenistan had previously lifted the exit visa
requirement voluntarily, there is reason to believe it will do
so again. For the first time in 6 months, the Government of
Turkmenistan is beginning to engage with us in a positive
manner, having authorized exit visas for two high-priority
exchange program. We hope that further positive cooperation and
policy developments will be possible in the next 6 months. We
believe that granting a waiver will encourage the Government of
Turkmenistan to move forward expeditiously with eliminating the
exit visa regime and its selective application to certain
individuals.
The President has concluded that issuance of a waiver under
Section 402 of the Act for Turkmenistan will help resolve these
recent problems, preserve the gains already achieved on freedom
of emigration, and encourage further progress.
Executive Order
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Waiver Under the Trade Act of 1974 With Respect to Turkmenistan
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including subsection 402(c)(2) and (d) of the Trade Act of
1974, as amended (the ``Act'') (19 U.S.C. 2432 (c)(2) and (d)),
and having made the report to the Congress set forth in
subsection 402(c)(2), I hereby waive the application of
subsections (a) and (b) of section 402 of the Act with respect
to Turkmenistan.
George W. Bush.
The White House, August 8, 2003.