[House Document 108-81]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - - House Document 108-81
CONTINUATION OF WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO THE
REPUBLIC OF BELARUS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER
CURRENTLY IN EFFECT FOR THE REPUBLIC OF BELARUS WILL SUBSTANTIALLY
PROMOTE THE OBJECTIVES OF SECTION 402, OF THE TRADE ACT OF 1974,
PURSUANT TO 19 U.S.C. 2432(b)
June 3, 2003.--Referred to the Committee on Ways and Means and ordered
to be printed
The White House,
Washington, May 29, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: 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 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.
Sincerely,
George W. Bush.
Report to the Congress Concerning the Extension of Waiver Authority for
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 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.) The Presidential determination is
attached.
FREEDOM OF EMIGRATION DETERMINATION
The Belarusian Constitution of November 1996, although
illegitimately adopted, nevertheless specifically grants
citizens the right to leave and return as they wish. 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 exist came into effect on January 1, 1994, that abolished
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. 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, and the Belarusian
Government is obliged to abolish the requirement at some future
time.
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. This 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 to preserve the gains already achieved on
freedom of emigration and encourage further progress.
[Presidential Determination No. 2003-25]
The White House,
Washington, May 29, 2003.
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 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.