[House Document 108-189]
[From the U.S. Government Publishing Office]



                                     

108th Congress, 2d Session - - - - - - - - - - - - House Document 108-189

 
             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)




June 3, 2004.--Referred to the Committee on Ways and Means and ordered 
                             to be printed
To the Congress of the United States:
    I hereby transmit the document referred to in subsection 
402(d)(1) of the Trade Act of 1974 (the ``Act''), as amended, 
with respect to the continuation of a waiver of application of 
subsections (a) and (b) of section 402 of the Act to 
Turkmenistan. This document constitutes my recommendation to 
continue this waiver for a further 12-month period and includes 
my determination that continuation of the waiver currently in 
effect for Turkmenistan will substantially promote the 
objectives of section 402 of the Act, and my reasons for such 
determination.

                                                    George W. Bush.
    The White House, June 3, 2004.
Report to the Congress Concerning the Extension of Waiver Authority for 
                              Turkmenistan

    Pursuant to subsection 402(d)(1) of the Trade Act of 1974, 
as amended (the ``Act''), I hereby recommend a further 
extension for 12 months of the waiver authority granted by 
subsection 402(c) of the Act. I have determined that such 
extension will substantially promote the objectives of section 
402 of the Act, and that a continuation of the water currently 
applicable to Turkmenistan will also substantially promote the 
objectives of section 402 of the Act. Exercise of the waiver 
authority conferred by section 402 of the Act has permitted the 
United States to maintain in force a bilateral trade relations 
agreement with Turkmenistan. The reciprocal Normal Trade 
Relations (NTR) trade treatment and other provisions of the 
trade agreement with Turkmenistan enhance the ability of U.S. 
companies to compete in the Turkmen market. My determination is 
attached.

                  Freedom of Emigration Determination

    After the attack on President Niyazov's motorcade in 
November 2002, Turkmenistan tightened control over travel 
outside the country. The Government of Turkmenistan made exit 
visas a requirement for travel and used the measure selectively 
against certain individuals to impede emigration. As a result, 
for the first time in 2003 Turkmenistan was not included in the 
semi-annual report on countries that are in compliance with the 
Jackson-Vanik freedom of emigration provisions. After 
assurances from the Government of Turkmenistan that the 
reimposition of exit visas was a temporary measure only, 
Turkmenistan received a Jackson-Vanik waiver in June 2003.
    In spite of our efforts, the Government of Turkmenistan 
kept these restrictive measures in place throughout 2003. 
Earlier this year, the Government began to make progress in its 
exit measures, both legislatively and in practice. In January, 
the Government of Turkmenistan officially eliminated the exit 
visa requirement. In March, the President signed a decree 
pledging not to allow any obstacles to the free travel of 
Turkmen citizens. Although there are not official statistics 
available, our Embassy reports that there have been fewer 
incidents of people denied exit by the Government and that the 
large majority of Turkmen enjoy freedom of movement. However, 
we continue to raise concerns with the Government of 
Turkmenistan about its practice of restricting the ability to 
travel outside of Turkmenistan of select Turkmen citizens, 
primarily those whom the Government views as political 
agitators, through the use of a ``blacklist'' at air, land, and 
sea border crossings.
    Although Turkmenistan has made progress, it should not be 
considered for a determination of full compliance at this time. 
Rather, I am recommending that the existing Jackson-Vanik 
waiver be extended for 12 months. A continuation of the waiver 
would substantially promote the freedom-of-emigration 
objectives of Jackson-Vanik. The Government of Turkmenistan has 
shown a renewed interest in engaging with the United States in 
all areas, evidenced by the recent easing of restrictions on 
movement, approved visits by Embassy officials to border points 
along the Iranian and Afghanistan borders, and increased access 
to Ministry officials. Granting a waiver will encourage the 
Government of Turkmenistan to further liberalize restrictions 
on freedom of emigration.
                [Presidential Determination No. 2004-32]

                                           The White House,
                                          Washington, June 3, 2004.
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 
        Turkmenistan

    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 Turkmenistan 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.

                                  
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