[House Document 110-116]
[From the U.S. Government Publishing Office]
110th Congress, 2d Session - - - - - - - - - - - - House Document 110-
116
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER AUTHORITY FOR
TURKMENISTAN
__________
COMMUNICATION
from
THE ASSISTANT SECRETARY LEGISLATIVE AFFAIRS, THE DEPARTMENT OF STATE
transmitting
A REPORT CONCERNING THE EXTENSION OF WAIVER AUTHORITY FOR TURKMENISTAN,
PURSUANT TO PUB. L. 93-618, SUBSECTION 402(d)(1) AND 409
June 3, 2008.--Referred to the Committee on Ways and Means and ordered
to be printed
Department of State,
Washington, DC, May 8, 2008.
Hon. Nancy Pelosi,
Speaker of the House of Representatives.
Dear Madam Speaker: Pursuant to subsection 402(d)(1) and
409 of the Trade Act of 1974 (Jackson-Vanik Amendment), P.L.
93-618, the President's Delegation of Authority E.O. 13346
(July 8, 2004), and Delegation of Authority No. 245, the Deputy
Secretary of State has exercised the waiver authority provided
by the Act on behalf of the Secretary of State and has issued
the required determination.
A copy of the Deputy Secretary's Determination and the
accompanying Report to Congress concerning the extension of
waiver authority for Turkmenistan are enclosed.
We hope you find this information useful. Please do not
hesitate to contact us if we may be of assistance on this or
any other issue.
Sincerely,
Jeffrey T. Bergner,
Assistant Secretary,
Legislative Affairs.
Enclosure: As stated.
Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as
Amended--Continuation of Waiver Authority
May 6, 2008.
Pursuant to the authority vested in the President under the
Trade Act of 1974, as amended, Public Law 93-618, 88 Stat. 1978
(hereinafter ``the Act''), and assigned to the Secretary of
State by virtue of Section 1(a) of Executive Order 13346 of
July 8, 2004, as well as the authority delegated to the Deputy
Secretary of State by Delegation of Authority 245 of April 23,
2001, 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
Turkmenistan will substantially promote the objectives of
Section 402 of the Act.
This determination shall be published in the Federal
Register.
John D. Negroponte,
Deputy Secretary of State.
Report to the Congress Concerning the Extension of Waiver Authority for
Turkmenistan
Pursuant to subsection 402(d)(1) of the Trade Act of 1974,
as amended (``the Act''), and the authority assigned to the
Secretary of State by the President in Executive Order 13346
dated July 8, 2004, as well as the authority delegated to me,
the Deputy Secretary of State, by Delegation of Authority 245
of April 23, 2001, I hereby recommend a further extension for
twelve months of the waiver authority granted by subsection
402(c) of the Act. I have determined that such extension will
substantially promote the objectives of section 402 of the Act,
and that a continuation of the waiver currently applicable to
Turkmenistan 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 maintain in force a bilateral trade agreement with
Turkmenistan.
Freedom of emigration determination
Turkmenistan was found compliant with Jackson-Vanik every
year until 2003 when, in response to an armed attack on former
President Niyazov's motorcade in November 2002, the Government
of Turkmenistan (GOT) tightened control over movement outside
of the country by imposing an exit-visa requirement, which
included restrictions on emigration. The GOT officially removed
the exit-visa regime in January 2004, restoring some freedom of
movement, including freedom of emigration.
Although the exit-visa regime was officially lifted, the
government continued to impede travel out of the country,
including emigration, for selected individuals, particularly
former regime opponents and their family members. Those who
wanted to emigrate to join dissident relatives who were
convicted in absentia and received asylum abroad were not
allowed to do so. People in this category who tried to leave
the country were turned away at the airport, visited by
security services and told not to try to leave, or had their
passports confiscated.
In December 2005, the GOT passed a law on migration that
was used to limit the ability of Turkmenistanis, especially
those who had run afoul of Niyazov's regime, to leave the
country. The law contains several vague articles that the GOT
has used to prevent people from traveling abroad. According to
Article 32 of the law, those with access to state secrets,
those considered a risk of becoming a victim of trafficking,
and those whose departure threatensTurkmenistan's national
security can be prevented from traveling. Article 38 stipulates that
those who head government-run enterprises, educational institutions,
and ``have access to [undefined] information'' may also be prevented
from leaving the country. We will continue to urge the GOT to revise
this law to comply with international standards.
Following President Niyazov's death in December 2006,
President Berdimuhamedov and his government expressed
commitment to righting the abuses of the past and undertook a
review of cases of those who were still denied, for apparent
political reasons, permission to leave the country freely. At
least four citizens who were previously barred from leaving the
country have been allowed to depart, either after petitioning
the government to review their cases or when the international
community, including U.S. Embassy Ashgabat, brought specific
cases to the GOT's attention. The criteria for permitting
travel remain unclear, however, and the GOT still occasionally
bars citizens from departing the country. In at least two cases
in late 2007, the GOT informed citizens that they would be
allowed to leave the country and then turned them away at the
airport. While many of these developments are encouraging, the
GOT must take further steps to meet the requirements of the
Jackson-Vanik Amendment, including amending the restrictive
2005 law to meet international standards.
The Jackson-Vanik waiver has been and continues to serve as
an important incentive for the United States to encourage the
GOT to ease emigration restrictions. The GOT has been
responsive to some of our suggestions concerning reform, and
Turkmenistan must continue to show concrete, definitive
progress on freedom of emigration issues. Over the next 12
months, we expect our efforts to yield additional results
towards the GOT's further easing of restrictive emigration
practices.