[House Document 108-28]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - - House Document 108-28
EMIGRATION LAWS AND POLICIES
__________
MESSAGE
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)
February 4, 2003.--Message and accompanying papers referred to the
Committee on Ways and Means and ordered to be printed
To the Congress of the United States:
On September 21, 1994, then-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, 1998, 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, then-President Clinton determined that title IV of the
Trade Act of 1974 should no longer apply to Kyrgyzstan, and on
December 29, 2000, pursuant to section 3002 of Public Law 106-
476, he determined that title IV of the Trade Act of 1974
should no longer apply to Georgia.
As required by law, I am submitting an updated report to
the Congress that was prepared by my Administration concerning
the emigration laws and policies of Armenia, Azerbaijan,
Kazakhstan, Moldova, the Russian Federation, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan. The report indicates
continued compliance of these countries with international
standards concerning freedom of emigration.
George W. Bush.
The White House, January 29, 2003.
Report to the Congress Concerning Emigration Laws and Policies of
Armenia, Azerbaijan, Kazakhstan, 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, Tajikistan, 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
Uzbekistan 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, those who have had access to state secrets, or those
involved in pending court cases or whose relatives have lodged
financial claims against them 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
The right of emigration is officially protected and
recognized in Azerbaijani law. The right of every Azerbaijani
citizen to travel abroad is guaranteed by Azerbaijan's 1995
constitution. The Government of Azerbaijan respects these
rights in practice.
Men of conscription age who have not performed their
military service require a document from the regional military
office before international travel. No problems have been
reported in this area.
Emigration has proceeded free of Government harassment.
Many Jewish Azerbaijanis have emigrated to Israel.
KAZAKAHSTAN
The right to emigrate is generally protected by
Kazakhstan's constitution and is generally respected in
practice. On July 26, 2001, Kazakhstan became the first country
in Central Asia to abolish the requirement for an exit visa for
Kazakhstani 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 five years after that 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
2002. 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 generally
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 deny permission 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 eight sessions in 2002. During these eight sessions, the
Commission reviewed 150 cases, lifting restrictions in 117
cases (78 percent), leaving restrictions in place in 13 cases
(8 percent) and deferring decisions in 17 cases (11 percent)
(one case was deferred three times and counted thrice). 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. Other
information and statistics on the interagency commission are
available on the Internet, however.
From 1995 through April 2002, out of an estimated 2726
cases reviewed, the interagency commission lifted restrictions
in an estimated 2245 cases (82 percent). Since the start of the
Commission in 1995, the annual percentage of positive decisions
had fluctuated between a low of 71 percent in 2000 and a high
of 90 percent in 1995. So far, after eight meetings in 2002,
the percentage of positive decisions is 78 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 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 have evaded financial obligations imposed by a
court and convicts who have not served their sentences.
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.
In August 2002, the Ministry of Security dropped its
requirement for citizens to obtain an exit visa before
traveling abroad. Tajik citizens with a valid passport may
travel abroad without further authorization.
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 three 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 abolition 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.
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. Border patrol do not require emigrants to have exit
visa stamps, although Ukrainians who intend to take up
permanent residence in another country must inform the local
militia that they will no longer be eligible for public
benefits. Ukraine does not impose taxes or fees on those who
emigrate. Reports have arisen of local bureaucrats assessing
brides for routine passport issuance. 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 to 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 exit 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 of Uzbekistan to return the documents.
Exit visas are valid for a period of two 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. A large percentage of
Uzbekistan's Jewish population has emigrated to the United
States and Israel since Uzbekistan achieved independence in
1991.