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H.Doc.104-225 DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO THE ...


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104th Congress, 2d Session - - - - - - - - - - House Document 104-224


 
   EXTENSION OF WAIVER AUTHORITY FOR ALBANIA, ARMENIA, AZERBAIJAN, 
     BELARUS, GEORGIA, KAZAKHSTAN, KYRGYZSTAN, MOLDOVA, MONGOLIA, 
           TAJIKISTAN, TURKMENISTAN, UKRAINE, AND UZBEKISTAN

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER 
CURRENTLY IN EFFECT FOR ALBANIA, ARMENIA, AZERBAIJAN, BELARUS, GEORGIA, 
 KAZAKHSTAN, KYRGYZSTAN, MOLDOVA, MONGOLIA, TAJIKISTAN, TURKMENISTAN, 
 UKRAINE, AND UZBEKISTAN WILL SUBSTANTIALLY PROMOTE THE OBJECTIVES OF 
  SECTION 402 OF THE TRADE ACT OF 1974--RECEIVED IN THE U.S. HOUSE OF 
  REPRESENTATIVES JUNE 3, 1996, PURSUANT TO 19 U.S.C. 2432 (c) AND (d)

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


June 4, 1996.--Referred to the Committee on Ways and Means and ordered 
                             to be printed
                                           The White House,
                                          Washington, June 3, 1996.
Hon. Newt Gingrich,
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, as amended 
(the ``Act''), with respect to a further 12-month extension of 
the authority to waive subsections (a) and (b) of section 402 
of the Act. This document constitutes my recommendation to 
continue in effect this waiver authority for a further 12-month 
period, and includes my reasons for determining that 
continuation of the waiver authority and waivers currently in 
effect for Albania, Armenia, Azerbaijan, Belarus, Georgia, 
Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Tajikistan, 
Turkmenistan, Ukraine, and Uzbekistan will substantially 
promote the objectives of section 402 of the Act. I have 
submitted a separate report with respect to the People's 
Republic of China.
            Sincerely,
                                                William J. Clinton.
      Report to Congress Concerning Extension of Waiver Authority

    Pursuant to subsection 402(d)(1) of the Trade Act of 1974, 
as amended (``the Act''), I hereby recommend further extension 
of the waiver authority granted by subsection 402(c) of the Act 
for 12 months. I have determined that such extension will 
substantially promote the objectives of section 402 of the Act, 
and that continuation of the waivers currently applicable to 
Albania, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, 
Kyrgyzstan, Moldova, Mongolia, Tajikistan, Turkmenistan, 
Ukraine, and Uzbekistan will also substantially promote the 
objectives of section 402 of the Act. (Note: The Russian 
Federation no longer requires a waiver since it was found in 
1994 to be in full compliance. This required a separate report 
to Congress and separate semiannual reports to Congress 
thereafter.) My determination is attached and is incorporated 
herein.
    The waiver authority conferred by section 402 of the Act is 
an important means of strengthening mutually beneficial 
relations between the United States and the aforementioned 
countries. The waiver authority has permitted the United States 
to conclude and maintain in force bilateral commercial 
agreements with the majority of these countries. These 
agreements are fundamental elements in our political and 
economic relations with these nations. The reciprocal Most-
Favored-Nation (MFN) trade treatment and other provisions of 
these agreements enhance the ability of U.S. companies to 
compete in the relevant markets. Waiver authority has also 
allowed U.S. Government credit and investment guarantees to 
support U.S. trade and investment activities in these 
countries. These considerations clearly warrant this renewal of 
the waiver authority.
    I believe that continuing the current waivers applicable to 
the following countries will substantially promote the 
objectives of section 402 of the Act. Overall, emigration 
policies for almost all of the countries discussed in this 
report have improved over the past 5 years.
    Albania: Regulations on emigration have been liberalized. 
Passports are available to all citizens, and the practice of 
limiting them to specific countries of destination was 
abandoned in 1991.
    Armenia: The constitution provides for emigration, but 
places some restrictions on this right. Passports are denied to 
persons lacking invitations from the country that they wish to 
visit, those possessing state secrets, and those whose 
relatives have made financial claims against them. The Soviet-
era Office of Visas and Registrations continues to impede 
travel and emigration through delays and the creation of 
various bureaucratic obstacles, including a requirement for 
``exit permission.''
    Azerbaijan: The Azerbaijani government officially 
recognizes freedom of emigration; a law passed in June 1994 
guarantees that right. This right may only be limited in cases 
involving military draft liability, criminal record or 
impending criminal suit, or previous access to state secrets. 
The new Azerbaijani constitution, adopted in 1995, provides for 
the right of all citizens to travel abroad. There were 1,956 
Jewish emigrants to Israel in 1994, with no applications being 
denied. Emigration to Israel continued in 1995. Less than one-
half of one percent of the population in Azerbaijan is 
comprised of Armenians or part-Armenians, and most of those are 
in mixed marriages. There is no government policy designed to 
prevent Armenians from leaving Azerbaijan, though there are 
reports of low-level officials seeking bribes from members of 
minorities wishing to emigrate.
    Belarus: A law on entry and exit came into effect on 
January 1, 1994 abolishing the former Soviet requirement of 
mandatory official permission for each trip abroad by 
authorizing Belarusians to receive passports containing 
``global'' exit visas good for from 1 to 5 years and valid for 
travel to all countries. In March 1994, the Belarusian 
parliament ratified a new constitution that specifically grants 
citizens the right to leave and return as they wish. Limited 
issuance of the new passports began in August 1993, and 
applicants generally receive the passports within 2 months of 
application. (Reports to the U.S. Embassy indicate that the 
widespread practice of petty bribery often accelerates or 
delays the processing period.) Soviet-era legislation 
restricting emigration by those with access to ``state 
secrets'' remains in force. However, citizens denied permission 
to emigrate have the right to reapply for emigration after 6 
months, except for those who had access to state secrets, who 
are informed at the time of denial when they may reapply 
(usually in 2 years). Neither the Belarusian League for Human 
Rights nor the Belarusian National Jewish Council report 
excessive restrictions on the ability of citizens to emigrate. 
During 1995, no citizen was denied permission to emigrate.
    Georgia: The government of Georgia maintains a policy of 
unrestricted emigration both legally and in practice. The legal 
basis for emigration is the Law on Emigration passed by the 
parliament in 1993. In 1995 no emigration requests were denied. 
The government of Georgia has been extremely accommodating 
towards Jewish emigration. Cases are processed expeditiously, 
usually within one month, and none have been refused in the 
past two years. During the changeover from Soviet to Georgian 
passports, which slowed the emigration process overall, the 
Georgian government made special arrangements for Jewish 
emigration to Israel. The U.S. Embassy in Tbilisi reports that 
Georgian emigration practices are consistent with Jackson-Vanik 
requirements.
    Kazakhstan: The constitution of Kazakhstan provides for the 
right to emigrate. The right is respected in practice.
    Kyrgyzstan: Kyrgyzstan does not have a law on emigration. 
Administrative procedures dating from the Soviet era require 
that citizens applying for passports must present a letter of 
invitation from the country to which they intend to immigrate. 
There are no reports, however, that citizens presenting such a 
letter were denied a passport or an exit visa. Kyrgyzstan had 
reportedly drafted an agreement with Russia to ease voluntary 
emigration for the members of the Russian-speaking minority, 
which provides for the establishment of migration services in 
Kyrgyzstan and Russia in order to facilitate a more orderly 
transition for the migrants.
    Moldova: Moldovans generally were able to travel freely in 
1995; however, there are some restrictions on emigration. Close 
relatives with a claim to support from the applicant must give 
their concurrence. The government may also deny permission to 
emigrate if the applicant had access to state secrets. Such 
cases, however, are very rare; and none were reported in 1995.
    Mongolia: The new constitution provides Mongolians the 
right to choose their residence, to travel and reside abroad, 
and to return to Mongolia. The right to travel abroad may, 
however, be limited by law in order to ensure national security 
and protect public order. At least some Mongolians are required 
to surrender their passports upon completion of foreign travel 
and must request their return for further use.
    Tajikistan: The November 1994 constitution guarantees the 
right to emigrate; however, since no new legislation has been 
adopted on emigration since independence, the 1991 Soviet law 
remains in effect. In practice, the government has not raised 
any significant obstacles to emigration. Persons who wish to 
migrate within the former Soviet Union must simply alert the 
Ministry of Internal Affairs to their departure. Persons 
wishing to migrate beyond the borders of the former Soviet 
Union must receive the approval of the relevant country's 
embassy prior to the issuance of an international passport.
    Over 90 percent of Tajikistan's 20,000-strong Jewish 
community are estimated to have emigrated since 1990, mostly to 
Israel. As a result of conflict, instability and a depressed 
economy, an estimated 150,000 ethnic Russians or Russian-
speakers and 9,000 ethnic Germans left Tajikistan in 1992 and 
1993.
    Turkmenistan: Citizens of Turkmenistan are generally 
permitted to emigrate without undue restriction. The U.S. 
Government has urged Turkmenistan to respect free emigration 
rights and to issue the required external passports. Many 
Russians and other non-Turkmen residents have already left for 
other former Soviet republics, and many members of the small 
Jewish community have emigrated to Israel.
    Ukraine: Ukrainian law guarantees all Ukrainian citizens 
the right to emigrate. In 1993, Ukraine dropped requirements 
for exit permission and made all citizens eligible for 
passports that permit free travel abroad. The government of 
Ukraine still requires emigrants to obtain an exit visa for 
emigration from local OVIR offices. While intending emigrants 
may evade this technicality by using a tourist passport good 
for international travel, without the exit visa to emigrate, 
they then may face difficulty if they attempt to return to 
Ukraine for a visit. Passports issued before independence in 
1991 must be submitted for certification of citizenship status. 
The processing of passport applications takes less than two 
months. Cases involving applicants who had or have access to 
secret information usually take longer, but this has not been 
used routinely as grounds for denying permission to emigrate.
    Ukraine does not impose taxes or fees on exercise of the 
right to emigrate. Tens of thousands of Ukrainian citizens 
emigrate annually. Through bureaucratic inertia and 
stubbornness, permission to emigrate for former so-called 
refuseniks is sometimes denied at the local level, and reports 
of local bureaucrats assessing bribes for routine passport and 
exit visa issuance are rife. However, human rights groups 
report that persons need only appeal to national-level 
authorities to resolve their status and establish their right 
to emigrate. There is no standard procedure for this appeal 
inasmuch as there are no grounds for denial of the right to 
emigrate.
    At least two individuals during the last year have been 
denied the right to emigrate because of possession of state 
secrets. Despite this, both individuals have been granted so-
called ``tourist'' passports which allow them to travel abroad. 
The Department of State has appealed to Ukrainian government 
authorities to resolve this matter favorably. Also, some draft-
age men have been refused the right to emigrate until their 
status is clarified. Ukrainian and international human rights 
groups, leaders of Jewish communities in Ukraine, and officials 
of third governments confirm that the freedom to emigrate has 
been established in Ukraine.
    Uzbekistan: The constitution of Uzbekistan guarantees 
citizens free movement across the country's border. Potential 
emigrants who can find a host country willing to accept them 
are able to leave the country. Since independence, a 
significant number of Uzbekistanis, including Russians, Jews, 
Ukrainians and others have emigrated, although no exact figures 
are available.
    I have concluded that continuing waivers under Section 402 
of the Act in effect for all of the above-mentioned countries 
will help preserve the gains already achieved on freedom of 
emigration and encourage further progress.
                  Presidential Determination No. 96-30

                                           The White House,
                                          Washington, June 3, 1996.
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.

    Pursuant to subsection 402(d)(1) of the Trade Act of 1974, 
as amended (the ``Act''), I determine that the further 
extension of the waiver authority granted by subsection 402(c) 
of the Act will substantially promote the objectives of section 
402 of the Act. I further determine that the continuation of 
the waivers applicable to Albania, Armenia, Azerbaijan, 
Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, 
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan will 
substantially promote the objectives of section 402 of the Act.
    You are authorized and directed to publish this 
determination in the Federal Register.

                                                William J. Clinton.

                                <greek-d>


Pages: 1

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