[House Document 107-222]
[From the U.S. Government Publishing Office]
107th Congress, 2d Session - - - - - - - - - - - House Document 107-222
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
(PRESIDENTIAL DETERMINATION 2002-21), PURSUANT TO 19 U.S.C. 2432
June 4, 2002.--Referred to the Committee on Ways and Means and ordered
to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
99-011 WASHINGTON : 2002
The White House,
Washington, June 3, 2002.
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 the Republic of Belarus.
I have determined that such a waiver will substantially
promote the objectives of section 402 and I have instructed the
Secretary of State to provide a copy of that determination to
the Speaker of the House of Representatives and the President
of the Senate. The report also indicates that I have received
the assurances with respect to the emigration practices of the
Republic of Belarus required by section 402(c)(2)(B) of the
Act.
Sincerely,
George W. Bush.
[Presidential Determination No. 2002-21]
The White House,
Washington, June 3, 2002.
Memorandum for the Secretary of State.
Subject: Presidential 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.
On my behalf, please transmit this determination to the
Speaker of the House of Representatives and to the President of
the Senate.
You are authorized and directed to publish this
determination in the Federal Register.
George W. Bush.
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 further extension
of the waiver authority granted by subsection 402(c) of the Act
for twelve months. 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, or to seek to
conclude, bilateral commercial agreements with countries
subject to Title IV of the Act, and has encouraged freedom of
emigration in these countries. The reciprocal normal trade
relations (NTR) trade treatment and other provisions of the
commercial 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.)
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 one to five 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 two to three months of application, although
widespread petty bribery often accelerates the processing
period.
Soviet-era legislation restricting emigration by those with
access to ``state secrets'' remains in force in Belarus.
Citizens denied permission to emigrate on this basis are
informed at the time of denial when they may reapply (usually
two years). However, this restriction does not discriminate on
the basis of ethnic identity. None of the human-rights or
Jewish organizations in Belarus report excessive restrictions
on the ability of citizens to emigrate.
I have concluded that issuance 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.