[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.