[DOCID: f:hd044.110]
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110th Congress, 1st Session - - - - - - - - - - - - - House Document 110-44
DETERMINATION OF A WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO
TURKMENISTAN
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF HIS DETERMINATION THAT A WAIVER FOR TURKMENISTAN WILL
SUBSTANTIALLY PROMOTE THE OBJECTIVES OF SECTION 402, OF THE TRADE ACT
OF 1974, PURSUANT TO 19 U.S.C. 2432(c)(2) AND (d).
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
July 10, 2007.--Referred to the Committee on Ways and Means and ordered
to be printed
The White House,
Washington, June 28, 2007.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: I hereby transmit the document referred
to in subsection 402(c)(2) of the Trade Act of 1974, as
amended, with respect to a waiver of the application of
subsections 402(a) and (b) of that Act to Turkmenistan.
I report in that document my determination that such a
waiver will substantially promote the objectives of section
402. 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 assurances with respect to
the emigration practices of Turkmenistan required by section
402(c)(2)(B) of the Act.
Sincerely,
George W. Bush.
Report to the Congress Concerning a Waiver of Subsections 402 (a) and
(b) of the Trade Act of 1974--Turkmenistan
Pursuant to subsection 402(c)(2) of the Trade Act of 1974,
as amended (the ``Act''), I have issued an Executive Order
waiving the application of subsections (a) and (b) of section
402 of the Act with respect to Turkmenistan. I also have made
the determination required by subsection 402(c)(2)(A) of the
Act and received assurances as required by section 402(c)(2)(B)
of the Act.
Exercise of the waiver authority conferred by Section 402
of the Act has permitted the United States 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 trade
treatment and other provisions of the commercial agreement with
Turkmenistan enhance the ability of U.S. companies to compete
in the Turkmen market.
From 1997 to 2003, Turkmenistan was determined to be in
compliance with the freedom of emigration requirements of
section 402 of the Act. In 2003, however, in response to an
armed attack on former President Niyazov's motorcade in
November 2002, the government of Turkmenistan tightened control
over movement outside of the country by imposing an exit visa
requirement, which included restrictions on emigration. Since
2003, Turkmenistan has been the recipient of annual waivers
under section 402(c) of the Act.
The government of Turkmenistan has made some progress with
regard to freedom of emigration. In January 2004, the
government officially removed the exit visa regime, 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
regime opponents and their family members who were placed on a
``blacklist.'' Family members who wanted to emigrate to join
dissident relatives who were convicted in absentia and received
asylum abroad were not allowed to do so. People on this
blacklist 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 government of Turkmenistan passed a
law on migration that may be used to limit the ability of
Turkmenistanis, especially those who have run afoul of the
regime, from leaving the country. The law contains several
vague articles that could be used by the government as another
means to prevent people from traveling. According to Article 32
of the law, those with access to state secrets, those
considered a risk of becoming a victim of trafficking, or those
whose departure threatens Turkmenistan'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 monitor
the implementation of this law.
In recent communications, however, the government of
Turkmenistan has provided assurances that it is abolishing its
most restrictive practices, which would promote the objectives
of section 402. In addition, we have seen indications that exit
restrictions are being eliminated with respect to several
individuals of ongoing concern to the United States. Following
the death of President Niyazov in December 2006, the government
has taken modest steps toward greater openness and engaged more
constructively with the United States on a range of issues,
including on emigration. As a result, we see potential for
further positive steps in the near future.
The section 402 waiver has been an important tool for the
United States to encourage the government of Turkmenistan to
ease its emigration restrictions. Consequently, I have
determined that issuance of a waiver under section 402 of the
Act will help preserve the gains already achieved on freedom of
emigration and encourage further progress. The United States
will continue to use the leverage afforded by the waiver to
press the government of Turkmenistan to further ease emigration
restrictions.
Executive Order
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Waiver Under the Trade Act of 1974 With Respect to Turkmenistan
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including sections 402(c)(2) and (d) of the Trade Act of 1974,
as amended (the ``Act'') (19 U.S.C. 2432(c)(2) and (d)), and
having made the report to the Congress set forth in section
402(c)(2), I hereby waive the application of subsections (a)
and (b) of section 402 of the Act with respect to Turkmenistan.
George W. Bush.
The White House, June 28, 2007.
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