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[House Document 108-81]
[From the U.S. Government Publishing Office]

                                     

108th Congress, 1st Session - - - - - - - - - - - - - House Document 108-81

 
CONTINUATION OF WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO THE 
                          REPUBLIC OF BELARUS

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER 
  CURRENTLY IN EFFECT FOR THE REPUBLIC OF BELARUS WILL SUBSTANTIALLY 
   PROMOTE THE OBJECTIVES OF SECTION 402, OF THE TRADE ACT OF 1974, 
                     PURSUANT TO 19 U.S.C. 2432(b)

June 3, 2003.--Referred to the Committee on Ways and Means and ordered 
                             to be printed
                                           The White House,
                                          Washington, May 29, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I hereby transmit the document referred 
to in subsection 402(d)(1) of the Trade Act of 1974 (the 
``Act''), as amended, with respect to the continuation of a 
waiver of application of subsections (a) and (b) of section 402 
of the Act to Belarus. This document constitutes my 
recommendation to continue this waiver for a further 12-month 
period and includes my determination that continuation of the 
waiver currently in effect for Belarus will substantially 
promote the objectives of section 402 of the Act, and my 
reasons for such determination.
            Sincerely,
                                                    George W. Bush.
Report to the Congress Concerning the Extension of Waiver Authority for 
                                Belarus

    Pursuant to subsection 402(d)(1) of the Trade Act of 1974, 
as amended (``the Act''), I hereby recommend a further 
extension for 12 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 continuation of the waiver currently 
applicable to Belarus 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 conclude and maintain in force a bilateral 
trade relations agreement with Belarus. The reciprocal normal 
trade relations (NTR) trade treatment and other provisions of 
the trade agreement with Belarus enhance the ability of U.S. 
companies to compete in the Belarusian market. (Exercise of the 
waiver authority with respect to Belarus would also allow 
United States Government credit and investment activities in 
Belarus, but those programs have been suspended in Belarus due 
to strong concerns over the Belarusian authorities' economic 
and human-rights policies.) The Presidential determination is 
attached.

                  FREEDOM OF EMIGRATION DETERMINATION

    The Belarusian Constitution of November 1996, although 
illegitimately adopted, nevertheless specifically grants 
citizens the right to leave and return as they wish. Soviet-era 
restrictions on emigration in Belarus have (with one exception, 
noted below) been dismantled, and existing restrictions are 
applied in a manner that allows free emigration. A law on entry 
and exist came into effect on January 1, 1994, that abolished 
the former Soviet requirement of mandatory official permission 
for each trip abroad by authorizing Belarusians to receive 
passports containing ``global'' exit visas valid for 1 to 5 
years and for travel to all countries. Applicants generally 
receive a passport and exit visa within 2 to 3 months of 
application, although widespread petty bribery often 
accelerates the processing period. Once the traveler has this 
document, Belarusian law does not further restrict travel 
abroad; however, the authorities occasionally limited foreign 
travel by delaying passport issuance. In 2002, the Belarus 
Constitutional Court determined that the requirement to obtain 
an exit visa was unconstitutional, and the Belarusian 
Government is obliged to abolish the requirement at some future 
time.
    Soviet-era legislation restricting emigration by those with 
access to ``state secrets'' remains in force in Belarus. The 
authorities, however, did not generally deny any citizen 
permission to emigrate. This restriction does not discriminate 
on the basis of ethnic identity. None of the human rights or 
Jewish organizations in Belarus report discriminatory 
restrictions limiting the ability of citizens to emigrate.
    Issuing of a waiver under Section 402 of the Act for 
Belarus will help to preserve the gains already achieved on 
freedom of emigration and encourage further progress.
                [Presidential Determination No. 2003-25]

                                           The White House,
                                          Washington, May 29, 2003.
Memorandum for the Secretary of State.
Subject: Determination Under Subsection 402(d)(1) of the Trade Act of 
        1974, as Amended--Continuation of Waiver Authority for the 
        Republic of Belarus.

    Pursuant to the authority vested in me under the Trade Act 
of 1974, as amended, Public Law 93-618, 88 Stat. 1978 
(hereinafter the ``Act''), 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 Belarus will substantially promote the objectives 
of section 402 of the Act.
    You are authorized and directed to publish this 
determination in the Federal Register.

                                                    George W. Bush.

                                
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