[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

                              ----------                              


    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.

                                
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