U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–011 2008

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 


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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. 


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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 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 


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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. 

Æ 


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