[House Document 111-55]
[From the U.S. Government Publishing Office]
111th Congress, 1st Session - - - - - - - - - - - - - House Document 111-55
WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO THE REPUBLIC OF
BELARUS
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF HIS DETERMINATION TO CONTINUE TO WAIVE THE APPLICATION
OF SUBSECTIONS (a) AND (b) OF SECTION 402 OF THE TRADE ACT OF 1974 WITH
RESPECT TO THE REPUBLIC OF BELARUS, PURSUANT TO 19 U.S.C. 2432(c)(2)
AND (d)
July 7, 2009.--Message and accompanying papers referred to the
Committee on Ways and Means and ordered to be printed
The White House,
Washington, July 1, 2009.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: I wish to report to the Congress that I
have made the determination required by subsection 402(c)(2)(A)
of the Trade Act of 1974, as amended (the ``Act''), and
received the assurances as required by section 402(c)(2)(B) of
the Act with respect to Belarus. I also transmit the document
referred to in subsection 402(c)(2) of the Act.
Sincerely,
Barack Obama.
Executive Order
----------
Waiver Under the Trade Act of 1974 With Respect to the Republic of
Belarus
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including subsection 402(c)(2) of the Trade Act of 1974, as
amended (the ``Act'') (19 U.S.C. 2432(c)(2)), which continues
to apply to the Republic of Belarus pursuant to subsection
402(d) of the Act (19 U.S.C. 2432(d)), and having made the
report to the Congress set forth in subsection 402(c)(2), I
hereby waive the application of subsections (a) and (b) of
section 402 of the Act with respect to the Republic of Belarus.
Barack Obama.
The White House, July 1, 2009.
Report to the Congress Concerning a Waiver of Subsections 402(a) and
(b) of the Trade Act of 1974--the Republic of Belarus
Pursuant to subsection 402(c)(2) of the Trade Act of 1974,
as amended (the ``Act''), which continues to apply to the
Republic of Belarus pursuant to subsection 402(d) of the Act, I
shall issue today an Executive Order waiving the application of
subsections (a) and (b) of section 402 of the Act with respect
to the Republic of Belarus (Belarus).
Exercise of the waiver authority conferred by section 402
of the Act would continue to permit the United States to
maintain Normal Trade Relations tariff rates for products of
Belarus, and to conclude and maintain in force a bilateral
trade relations agreement with Belarus. Exercise of the waiver
authority with respect to Belarus would also allow the U.S.
Government to engage in credit and investment activities in
Belarus, but those programs have been suspended in Belarus due
to concerns over the Belarusian authorities' economic and human
rights policies.
FREEDOM OF EMIGRATION SITUTATION
The November 1996 Constitution of the Republic of Belarus,
although adopted illegitimately, specifically grants citizens
the right to leave and return as they wish. Soviet-era
restrictions on emigration in Belarus have largely, but not
entirely, been dismantled, and existing restrictions are
applied in a manner that generally allows free emigration. None
of the human rights or religious minority organizations,
including Jewish organizations, in Belarus report
discriminatory restrictions limiting the ability of citizens to
emigrate on the basis of ethnic identity. However, Soviet-era
legislation restricting emigration by those with access to
``state secrets'' does remain in force in Belarus. There are
also exit restrictions on those who are involved in criminal
investigations, convicted of crimes, attempting to evade
military service, or have outstanding debts imposed by a court,
such as a fine or child support obligations. These exit
restrictions on Belarusian citizens apply equally whether they
are exiting for the purpose of temporary travel or for
emigration. We believe these restrictions have arbitrarily
targeted the temporary travel of opposition activists and may
impact their freedom of emigration.
The procedure for administering these exit restrictions has
recently been changed. Presidential Decree No. 643 of December
17, 2007, which took effect on January 1, 2008, abolished a
system of passport exit stamps that had been used previously to
grant permission for travel abroad. Under the new procedures,
individuals presenting a passport to a border enforcement
official at most border points are checked against a database
of persons ineligible for exit. The Belarusian Committee for
State Security (BKGB) and the Ministries of Justice and Defense
provide names to the Citizenship and Migration Office of the
Ministry of Internal Affairs, which maintains the database.
CO Since January 1, 2008, we have had no reports that the
new procedure is adversely affecting freedom of emigration.
However, we are concerned that the new procedures are less
transparent, more subject to manipulation than the old system,
and can be used to restrict temporary travel abroad. Opposition
politicians and civil society activists who had previously been
able to exit Belarus for temporary travel were denied
permission to exit when they appeared at a border crossing
after the new decree came into force on January 1, 2008. In
some cases, the persons denied permission to exit were not
given any legal basis for denial of their right to exit.
Other existing restrictions that impede the ability of
Belarusians to exit the country remained in place during 2008
and the first half of 2009. These restrictions included a
presidential decree signed in March 2005 on measures to combat
trafficking in persons, which required, among other provisions,
that any organization responsible for facilitating student
exchanges must first receive approval for its program from the
Ministry of Education. Nongovernmental organizations have
expressed concern that the Belarusian authorities may be using
this law to prevent Belarusians from traveling abroad for
legitimate purposes. A presidential decree from November 2005,
which required students to get permission from the Ministry
before even brief study, work, sports, cultural, or other
events abroad during the school year, also remained in effect.
We have repeatedly expressed our concerns to the Government
of Belarus about the manner in which restrictions on exit from
Belarus are applied, either for the purpose of emigration or
for temporary travel. In an October 2008 meeting, the
Government of Belarus provided assurances it will address these
restrictions on temporary travel. Issuing a new waiver will
allow us to continue to promote progress by the Government of
Belarus, while preserving our leverage to prevent any rollback.
We will continue to raise our concerns with the Government of
Belarus about emigration-related policies, noting that efforts
to restrict emigration may result in revocation of the waiver
and Normal Trade Relations.