U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–011 2011

112th Congress, 1st Session – – – – – – – – – – – – – House Document 112–37 

CONTINUATION OF WAIVER UNDER THE TRADE ACT 

OF 1974 WITH RESPECT TO THE REPUBLIC OF 

BELARUS 

COMMUNICATION 

FROM

THE ACTING ASSISTANT SECRETARY, LEGISLATIVE AFFAIRS, THE DEPARTMENT OF 

STATE 

TRANSMITTING

NOTIFICATION OF THE 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(c) AND (d) 

JUNE 21, 2011.—Referred to the Committee on Foreign Affairs and 

ordered to be printed 


rfrederick on DSKD9S0YB1PROD with HEARINGE:\Seals\Congress.#13

rfrederick on DSKD9S0YB1PROD with HEARING
(1) 

DEPARTMENT OF STATE, 

Washington, DC, June 1, 2011. 

Hon. JOHN A. BOEHNER, 

Speaker of the House of Representatives. 

DEAR MR. SPEAKER: On behalf of the Secretary of State, we are 

transmitting to you the Presidential determination and Report to 

the Congress, 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 for Belarus. 

This document constitutes the Secretary’s recommendation to 

continue this waiver for a further 12-month period and includes 

her determination that continuation of the waiver currently in effect for Belarus will substantially promote the objectives of Section 

402 of the Act, and the reasons for such determination. 

We hope this information will be helpful to you and other Members of Congress. Please do not hesitate to contact us if we can be 

of further assistance. 

Sincerely, 

JOSEPH E. MACMANUS, 

Acting Assistant Secretary, 

Legislative Affairs. 

Enclosure: As stated. 


rfrederick on DSKD9S0YB1PROD with HEARING

rfrederick on DSKD9S0YB1PROD with HEARING
(3) 

DETERMINATION UNDER SUBSECTION 402(d)(1) OF THE TRADE ACT

OF 1974, AS AMENDED—CONTINUATION OF WAIVER AUTHORITY

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, 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. 

This determination shall be published in the Federal Register. 

HILLARY RODHAM CLINTON, 

Secretary of State. 


rfrederick on DSKD9S0YB1PROD with HEARING

rfrederick on DSKD9S0YB1PROD with HEARING
(5) 

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’’), and the authority assigned to me by the 

President in Executive Order 13346 concerning Delegation of Certain Waiver, Determination, Certification, and Reporting Functions, dated July 8, 2004, I hereby recommend a further extension 

for 12 months of the waiver granted by Subsection 402(c) of the 

Act. 

I have determined that such an extension will substantially pro- mote the objectives of Section 402 of the Act, and that a 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 agreement with Belarus. (Exercise of the 

waiver authority with respect to Belarus would also allow the U.S. 

government to engage in credit and investment activities in 

Belarus, but some of those programs have been suspended in 

Belarus due to strong concerns over the Belarusian authorities’ repressive economic and human rights policies.) 

FREEDOM OF EMIGRATION SITUATION IN BELARUS

The Belarusian Constitution of November 1996, although adopted illegitimately, specifically grants citizens the right to leave and 

return as they wish. Soviet-era restrictions on emigration in 

Belarus have largely been dismantled, and existing restrictions are 

applied in a manner generally allowing free emigration. None of 

the human rights or religious minority organizations—including 

Jewish organizations—report discriminatory restrictions limiting 

the ability of citizens to emigrate on the basis of ethnic or religious 

identity in 2010 or the first part of 2011. Soviet-era legislation restricting emigration by those with access to ‘‘state secrets’’ does remain in force in Belarus. There are also exit restrictions on those 

who are involved in criminal investigations, convicted of crimes, 

attempting to evade military service, or have outstanding debts to 

a court, such as fines or child support obligations. Individuals 

charged or convicted for serious offenses related to participation in 

December 19 protests following the presidential election in Belarus 

face restrictions on temporary foreign travel. The United States 

considers these charges to be politically motivated. 

The procedure for administering these exit restrictions was 

changed with Presidential Decree No. 643 of December 17, 2007, 

which took effect on January 1, 2008. The decree abolished a system of passport exit stamps that had been used previously to grant 

permission for travel abroad. Under the new procedures, individuals presenting a passport to a border enforcement official at most 


rfrederick on DSKD9S0YB1PROD with HEARING
6 

border points are checked against a database of persons ineligible 

for exit. The Belarusian Committee for State Security (BKGB) and 

the Ministries of Justice, Internal Affairs, and Defense provide 

names of such persons to the Citizenship and Migration Office of 

the Ministry of Internal Affairs, which maintains the database. We 

have not received any reports this procedure is affecting freedom 

of emigration. 

The Belarusian authorities have engaged the Governments of 

Latvia, Lithuania, and Poland on agreements to allow visa-free, 

temporary cross-border travel for their citizens residing within 50 

kilometers of the border. Discussions between the Governments of 

Belarus, Latvia, and Poland are complete, and the agreements 

have been signed and ratified, although Belarus has yet to implement them. By contrast, the Lithuanian Parliament has not ratified the country’s agreement with Belarus. We believe these agreements will substantially improve opportunities for Belarusian citizens who reside along the border with these countries to travel 

abroad temporarily. 

Extending the waiver will substantially promote the objectives of 

Section 402 of this Act, by permitting normal trade, contingent on 

any other U.S. government restrictions. We will continue to raise 

our concerns with the Government of Belarus about any emigration-related policies that may arise, noting that efforts to restrict 

emigration may result in revocation of the waiver and normal trade 

relations. 

fi 


rfrederick on DSKD9S0YB1PROD with HEARING