[House Document 107-240]
[From the U.S. Government Publishing Office]
107th Congress, 2d Session - - - - - - - - - - - House Document 107-240
EMIGRATION LAWS AND POLICIES
__________
COMMUNICATION
From
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
AN UPDATED REPORT CONCERNING THE EMIGRATION LAWS AND POLICIES OF
ARMENIA, AZERBAIJAN, KAZAKHSTAN, MOLDOVA, THE RUSSIAN FEDERATION,
TAJIKISTAN, TURKMENISTAN; UKRAINE AND UZBEKISTAN, PURSUANT TO 19
U.S.C. 2432(b)
July 8, 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, July 3, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to sections 402 and 409 of the
Trade Act of 1974, I am submitting an updated report to the
Congress prepared by my Administration on the emigration laws
and policies of Armenia, Azerbaijan, Kazakhstan, Moldova, the
Russian Federation, Tajikistan, Turkmenistan, Ukraine, and
Uzbekistan.
On September 21, 1994, President Clinton determined and
reported to the Congress that the Russian Federation was not in
violation of paragraphs (1), (2), or (3) of subsection 402(a)
of the Trade Act of 1974, or paragraphs (1), (2), or (3) of
subsection 409(a) of that Act. On June 3, 1997, he also
determined and reported to the Congress that Armenia,
Azerbaijan, Georgia, Moldova, and Ukraine were not in violation
of the same provisions, and made an identical determination on
December 5, 1997, with respect to Kazakhstan, Kyrgyzstan,
Tajikistan, Turkmenistan, and Uzbekistan. These actions allowed
for the continuation of normal trade relations for these
countries and certain other activities without the requirement
of an annual waiver.
On June 29, 2000, pursuant to section 302(b) of Public Law
106-200, President Clinton determined that title IV of the 1974
Trade Act should no longer apply to Kyrgyzstan, and on December
29, 2000, he made a similar determination with respect to
Georgia pursuant to section 3002 of Public Law 106-476.
The attached report indicates continued compliance by
Armenia, Azerbaijan, Kazakhstan, Moldova, the Russian
Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan
with international standards concerning freedom of emigration.
Sincerely,
George W. Bush.
Report to the Congress Concerning Emigration Laws and Policies of
Armenia, Azerbaijan, Kazkhstan, Moldova, the Russian Federation,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan
This report is submitted pursuant to sections 402 and 409
of the Trade Act of 1974, as amended (``the Act''), following
Presidential Determination Number 94-51 of September 21, 1994,
and the accompanying report to the Congress, that the Russian
Federation is not in violation of paragraphs (1), (2), or (3)
of section 402(a) and paragraphs (1), (2), or (3) of section
409(a) of the Act; Presidential Determination Number 97-27 of
June 3, 1997, and the accompanying report to the Congress, that
Armenia, Azerbaijan, Georgia, Moldova, and Ukraine are not in
violation of paragraphs (1), (2), or (3) of section 402(a) and
paragraphs (1), (2), or (3) of section 409(a) of the Act; and
Presidential Determination Number 98-7 of December 5, 1997, and
the accompanying report to the Congress, that Kazakhstan,
Kyrgyzstan, Tajkistan, Turkmenistan, and Uzbekistan are not in
violation of paragraphs (1), (2), or (3) of section 402(a) and
paragraphs (1), (2), or (3) of section 409(a) of the Act.
Pursuant to Section 302(b) of Public Law 106-200, the
President determined on June 29, 2000 that Title IV of the 1974
Trade Act should no longer apply to Kyrgyzstan, and pursuant to
section 3002 of Public Law 106-476, the President determined on
December 29, 2000 that Title IV of the 1974 Trade Act should no
longer apply to Georgia. Therefore, this reporting requirement
is no longer applicable to Kyrgyzstan and Georgia.
All current information indicates that the emigration laws
and practices of Armenia, Azerbaijan, Kazakhstan, Moldova, the
Russian Federation, Tajikistan, Turkmenistan, Ukraine, and
Uzbeistan continue to satisfy the criteria set forth in
sections 402(a) and 409(a) of the Act in respect of all matters
covered in those sections.
ARMENIA
The Armenian constitution guarantees the right of its
citizens to freedom of foreign travel and emigration, and that
right is respected in practice. Persons subject to military
service can legally be denied permission to travel abroad, but
this seldom occurs. Members of religious organizations other
than the Armenian Apostolic Church are required by law to
obtain prior permission from the State Council on Religious
Affairs to travel abroad, but this law has not been enforced
since 1997. Since independence in 1991, upwards of one million
Armenian citizens, approximately one-third of the population at
independence, have emigrated or reside semi-permanently outside
the Republic of Armenia.
AZERBAIJAN
Azerbaijan's 1995 constitution guarantees the right of all
its citizens to travel abroad. Azerbaijan's law officially
recognizes and protects the right to emigrate. The Government
respects these rights in practice, and there is active Jewish
emigration to Israel. The Israeli Embassy in Baku has commended
the Government for nurturing a free atmosphere for such travel.
They report no instances of Government harassment or
restrictions toward Jewish Azerbaijanis wishing to emigrate.
KAZAKHSTAN
The right to emigrate is protected by Kazakhstan's
constitution and is respected in practice. On July 26, 2001,
Kazakhstan became the first country in Central Asia to abolish
the requirement for an exit visa for Kazakhstan citizens
temporarily traveling abroad. Outright refusal to grant exit
visas for permanent departure is rare and has generally been
connected with government opponents subject to pending legal
cases. A law on national security prohibits persons who have
had access to state secrets from taking up residence abroad for
5 years after the access. The Government has applied the Law on
State Secrets to block the foreign travel of one former
official since the law's passage in 1999. That official has
since been allowed to travel.
MOLDOVA
The right of citizens to emigrate is guaranteed in
Moldova's constitution and is respected in practice.
Individuals wishing to emigrate must satisfy any outstanding
financial and/or judicial obligations before emigrating. No
reports of denial of emigration rights have been recorded in
the first 6 months of 2002. Moldova's record on free emigration
is one of the best in the Newly Independent States. The
Government eliminated emigration restrictions in 1991 and few
difficulties with emigration have been reported in the 10 years
since independence.
THE RUSSIAN FEDERATION
Legal guarantees of the right to emigrate are enshrined in
Russia's constitution and in law, and that right is respected
in practice. Russian law details the procedures for obtaining
travel documents and provides clarification of some
controversial policies. However, it gives the Government the
right to denypermission to travel abroad for given periods up
to 10 years to Russian nationals who had access to classified material.
The law provides a measure of transparency by requiring
that any denial of exit permission on secrecy grounds must (1)
specify reasons for and duration of the restriction, and (2)
indicate the full name and legal address of the organization
that requested the restriction. The law also formalized the
status of an interagency commission that hears appeals of
Russian nationals refused permission to travel based on secrecy
grounds. As of the writing of this report, the commission had
held four sessions in 2002. During these four sessions, the
Commission reviewed 64 cases, lifting restrictions in 50 cases
(77 percent), leaving restrictions in place in 8 cases (12
percent), and deferring decisions in 6 cases (9 percent).
Nongovernmental Organizations (NGOs) that have worked with the
commission from its initiation complain that the degree of
transparency in the commission's work has decreased, as human
rights activists are no longer granted free access to the names
of the appellants.
From 1995 through April 2002, out of an estimated 2,641
cases reviewed, the interagency commission lifted restrictions
in an estimated 2,178 cases (82 percent). Since the start of
the Commission in 1995, the annual percentage of positive
decisions had appeared to decrease from 90 percent to 71
percent in 2000. So far, after four meetings in 2002, the
percentage of positive decisions is 77 percent for the year.
Human rights organizations point out, however, that this number
includes only persons who appealed the decision to restrict
travel to the commission. The total number of persons who were
refused passports for foreign travel on secrecy grounds is
thought to be much larger. Russia's Ministry of Internal
Affairs, however, does not publish these statistics or
otherwise release them.
Russian law also grants the state the right to refuse
travel abroad to individuals who are the subject of legal
proceedings or convicts who have not served their sentences or
if they have evaded financial obligations imposed by a court.
TAJIKISTAN
Tajikistan's constitution provides for the right to
emigrate, and this right is respected in practice. Persons who
wish to emigrate may do so with the permission of various
ministries. Persons who wish to emigrate beyond the borders of
the former Soviet Union must receive the approval of the
relevant country's embassy in order to obtain their passport.
Persons who settle abroad are required to inform the Tajikistan
embassy or Tajikistan interests section of the nearest Russian
embassy or consulate.
The Ministry of Security requires citizens who wish to
travel abroad to obtain an exit visa, but exit visas are rarely
denied. This process sometimes includes lengthy interviews. The
Ministry of Security sometimes withholds or delays exit visas
when it believes that other ministries or NGOs are infringing
upon its jurisdiction and have not adhered to its formalities
for foreign travel.
TURKMENISTAN
Turkmenistan's constitution guarantees the right to
emigrate, but in practical terms citizens must first obtain
permission from the Ministry of Foreign Affairs. In order to
emigrate, citizens must submit an application, an invitation
from the country of destination, evidence of freedom from debts
and other financial obligations, and written consent from
family members. Divorced applicants with children must present
an affidavit of consent from their former spouse, whether or
not the children are emigrating. Those with military
obligations must de-register with the Ministry of Defense. By
law the Ministry of Foreign Affairs must process the
application and emigration documents within 3 months. Although
the Ministry rarely denies such applications, some opposition
figures have been prevented from emigrating.
In the past, citizens were not permitted to travel outside
the country without official permission. The Government has
used its authority to issue passports and exit visas as a means
of restricting international travel. In December 2001, the
Government announced the abolishment of exit visas. According
to the announcement, as of January 1, 2002, a foreign entry
visa or an invitation to travel outside of the country is
sufficient to travel abroad. Most citizens are permitted to
emigrate without undue restriction.
UKRAINE
Ukrainian law and the 1996 constitution guarantee the right
to emigrate, and that right is respected in practice. All
citizens are eligible for passports that permit free travel
abroad. There remains a requirement to obtain an exit visa from
the local Office of Visas and Registration for Ukrainians who
intend to take up permanent residence in another country.
Ukraine does not impose taxes or fees on those who emigrate.
Reports of local bureaucrats assessing bribes for routine
passport and exit visa issuances are common. However, human
rights groups report that persons need only appeal to national-
level authorities to resolve their status and establish their
right to emigrate. Some draft-age men have been refused the
right to emigrate pending clarification of their status with
the military. Cases involving applicants who have had or have
access to secret information usually take longer, but secrecy
has not been used routinely as grounds for denying permission
to emigrate. A large percentage of Ukraine's Jewish population
has emigrated to Israel and the United States since Ukraine
achieved independence in 1991.
UZBEKISTAN
Uzbekistan's constitution provides for free movement within
the country and across its borders, and the government has
generally respected this right. The Government requires
citizens to obtain exist visas for foreign travel or
emigration, but grants these permits routinely. The Government
has in rare instances confiscated travel documents of specific
individuals. In most of these cases, we have been able to
convince the Government to return the documents.
Exit visas are valid for a period of 2 years and no longer
require an invitation from abroad. Several human rights
activists were able to leave and reenter the country without
encountering problems from the Government. It has on rare
occasion refused to issue these visas.