[House Document 108-190]
[From the U.S. Government Publishing Office]



                                     

108th Congress, 2d Session - - - - - - - - - - - - House Document 108-190


 
                     EXTENSION OF WAIVER AUTHORITY

                      FOR THE REPUBLIC OF BELARUS

                               __________

                             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 THE REPUBLIC OF BELARUS 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 the 
Republic of Belarus. 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 Belarus 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 
                        the Republic of Belarus

    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 continuation of the waiver currently 
applicable to the Republic of Belarus 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 conclude and maintain in force a 
bilateral trade relations agreement with Belarus. The 
reciprocal Normal Trade Relations (NTR) trade treatment and 
other provisions of the trade agreement with Belarus enhance 
the ability of U.S. companies to compete in the Belarusian 
market. (Exercise of the waiver authority with respect to 
Belarus would also allow United States Government credit and 
investment activities in Belarus, but those programs have been 
suspended in Belarus due to strong concerns over the Belarusian 
authorities' economic and human rights policies.) My 
determination is attached.
Freedom of Emigration Determination
    Soviet-era restrictions on emigration in Belarus have (with 
one exception, noted below) been dismantled, and existing 
restrictions are applied in a manner that allows free 
emigration. A law on entry and exit came into effect on January 
1, 1994 that abolishes the former Soviet requirement of 
mandatory official permission for each trip abroad by 
authorizing Belarusians to receive passports containing 
``global'' exit visas valid for 1 to 5 years and for travel to 
all countries. The Belarusian Constitution of November 1996, 
although illegitimately adopted, nevertheless specifically 
grants citizens the right to leave and return as they wish. 
Applicants generally receive a passport and exit visa within 2 
to 3 months of application, although widespread petty bribery 
often accelerates the processing period. Once the traveler has 
this document, Belarusian law does not further restrict travel 
abroad. However, the authorities occasionally limited foreign 
travel by delaying passport issuance. In 2002, the Belarus 
Constitutional Court determined that the requirement to obtain 
an exit visa was unconstitutional. The Belarusian government is 
obliged to abolish the requirement at some future time, but is 
has not done so yet.
    Soviet-era legislation restricting emigration by those with 
access to ``state secrets'' remains in force in Belarus. The 
authorities, however, did not generally deny any citizen 
permission to emigrate. The emigration restriction does not 
discriminate on the basis of ethnic identity. None of the 
human-rights or Jewish organizations in Belarus report 
discriminatory restrictions limiting the ability of citizens to 
emigrate.
    Issuing of a waiver under Section 402 of the Act for 
Belarus will help preserve the gains already achieved on 
freedom of emigration and encourage further progress.
                [Presidential Determination No. 2004-33]

                                           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 the 
        Republic of Belarus

    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 the Republic of Belarus 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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