U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – – House Document 107–17

EMIGRATION LAWS AND POLICIES OF ARMENIA, AZERBAIJAN, KAZAKHSTAN, MOLDOVA, THE RUSSIAN

FEDERATION, TAJIKISTAN, TURKMENISTAN,

UKRAINE, AND UZBEKISTAN

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

AN UPDATED REPORT CONCERNING THE EMIGRATION LAWS AND

POLICIES OF ARMENIA, AZERBAIJAN, KAZAKHSTAN, MOLDOVA,

THE RUSSIAN FEDERATION, TAJIKISTAN, TURKMENISTAN,

UKRAINE, AND UZBEKISTAN, PURSUANT TO 19 U.S.C. 2432(b)

JANUARY 20, 2001.—Referred to the Committee on Ways and Means and

ordered to be printed

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THE WHITE HOUSE,

Washington, January 17, 2001.

Hon. J. DENNIS HASTERT,

Speaker of the House of Representatives,

Washington, DC.

DEAR MR. SPEAKER: On September 21, 1994, I determined and

reported to the Congress that the Russian Federation was not in

violation of paragraph (1), (2), or (3) of subsection 402(a) of the

Trade Act of 1974, or paragraph (1), (2), or (3) of subsection 409(a)

of that Act. On June 3, 1997, I determined and reported to the

Congress that Armenia, Azerbaijan, Georgia, Moldova, and

Ukraine were not in violation of the same provisions, and I made

an identical determination on December 5, 1997, with respect to

Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and

Uzbekistan. These actions allowed for the continuation of normal

trade relations for these countries and certain other activities without the requirement of an annual waiver.

Pursuant to section 302(b) of Public Law 106–200, on June 29,

2000, I determined that title IV of the 1974 Trade Act should no

longer apply to Kyrgyzstan.

As required by law, I am submitting an updated report to the

Congress concerning the emigration laws and policies of Armenia,

Azerbaijan, Kazakhstan, Moldova, the Russian Federation,

Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. The report indicates continued compliance of these countries with international

standards concerning freedom of emigration.

Sincerely,

WILLIAM J. CLINTON.

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REPORT TO THE CONGRESS CONCERNING EMIGRATION LAWS AND

POLICIES OF ARMENIA, AZERBAIJAN, KAZAKHSTAN, MOLDOVA, THE

RUSSIAN FEDERATION, TAJIKISTAN, TURKMENISTAN, UKRAINE, AND

UZBEKISTAN

This report is submitted pursuant to sections 402 and 409 of the

Trade Act of 1974, as amended (‘‘the Act’’), following Presidential

Determination Number 94–51 of September 21, 1994, and the accompanying report to the Congress, that the Russian Federation is

not in violation of paragraphs (1), (2), or (3) of sections 402(a) and

409(a) of the Act; Presidential Determination Number 97–27 of

June 3, 1997, and the accompanying report to the Congress, that

Armenia, Azerbaijan, Georgia, Moldova, and Ukraine are not in

violation of paragraphs (1), (2), or (3) of sections 402(a) and 409(a)

of the Act; and Presidential Determination Number 98–7 of December 5, 1997, and the accompanying report to the Congress, that

Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and

Uzbekistan are not in violation of paragraphs (1), (2), or (3) of sections 402(a) and 409(a) of the Act.

Pursuant to Section 302(b) of Public Law 106–200, the President

determined on June 29, 2000, the Title IV of the 1974 Trade Act

should no longer apply to Kyrgyzstan. Therefore this reporting requirement is no longer applicable to Kyrgyzstan.

All current information indicates that the emigration laws and

practices of Armenia, Azerbaijan, Kazakhstan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine, and

Uzbekistan continue to satisfy the criteria set forth in sections

402(a) and 409(a) of the Act in respect of all matters covered in

those subsections.

ARMENIA

The Armenian constitution guarantees the right of its citizens to

freedom of foreign travel and emigration, and that right is respected in practice. Persons subject to military service can legally

be denied permission to travel abroad, but this seldom occurs.

Members of religious organizations other than the Armenian Apostolic Church are required by law to obtain prior permission from

the State Council on Religious Affairs to travel abroad, but this law

has not been enforced since 1997. Since independence in 1991, perhaps as many as 1.5 million Armenian citizens, more than 40 percent of the total population, may have emigrated or semi-permanently resettled elsewhere.

AZERBAIJAN

Azerbaijan’s 1995 constitution guarantees the right of all its citizens to travel abroad. The right to emigrate is officially recognized

and protected by Azerbaijani law, and that right is respected in

practice. The government may only limit the right to emigrate in

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cases involving military draft liability, criminal record, or pending

criminal charges, or previous access to state secrets (the last limitation does not pertain to emigration to other countries of the

former Soviet Union). The government has not interfered with the

right to emigrate in the first half of 2000.

KAZAKHSTAN

Kazakhstan’s constitution provides for the right to emigrate. This

right is respected in practice. An exit visa is required for all

Kazakhstanis, including intending emigrants, who wish to travel

abroad. Exit visas are routinely issued by the Department of Visas

and Registration after a number of bureaucratic requirements have

been met. Temporary exit visas are issued within three days to one

month, with fees ranging from approximately 10 dollars to 52 dollars depending on the urgency and whether the traveler previously

held an exit visa. Exit visas processed through travel agencies

(with an additional charge from the travel agency) are obtained

much more quickly than those based on private applications. An

opposition leader was not given an exit visa to attend a conference

in London during the past year. Rumors circulated that the nonissuance was ordered by the National Security Committee; however, these rumors cannot be confirmed. Other opposition group

leaders were given exit visas during the year.

The typical time frame for issuance of an exit visa for an intending emigrant is approximately three months, though cases have

taken longer. Delays may occur both with the local police, in processing criminal checks, and with the Department of Visas and Registration. Applicants must provide evidence that they have no outstanding financial obligations. As well, close relatives with a claim

to support from the applicant must give their concurrence. A law

on national security prohibits persons who have had access to state

secrets from taking up residence abroad for five years.

Outright refusal to grant exit visas (either temporary or permanent) is rare and is generally connected to those opponents of the

government who are subject to pending legal cases.

MOLDOVA

The right of citizens to emigrate is guaranteed in Moldova’s constitution. This right is respected in practice. Individuals wishing to

emigrate must satisfy any outstanding financial and/or judicial obligations before emigrating. No reports of denial of emigration

rights have been recorded in 2000.

THE RUSSIAN FEDERATION

Legal guarantees of the right to emigrate are enshrined in Russia’s constitution and in law, and that right is respected in practice.

Russian law details the procedures for obtaining travel documents

and provides clarification of some controversial policies. However,

it gives the government the right to deny permission to travel

abroad for given periods to Russian nationals who had access to

classified material.

The law provides a measure of transparency by requiring that

any denial of exit permission on secrecy grounds must (1) specify

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reasons for and duration of the restriction, and (2) indicate the full

name and legal address of the organization that requested the restriction. The law also formalized the status of an interagency commission that hears appeals of Russian nationals refused permission

to travel based on secrecy grounds.

As of the writing of this report, the commission held four sessions in 2000. During these four sessions, the commission reviewed

115 cases, lifting restrictions in 85 cases (74 percent), leaving restrictions in place in 18 cases (16 percent) and deferring decisions

in 12 cases (10 percent). (The Ministry of Foreign Affairs notes

these numbers are only a rough indicator of the commission’s activity, as level of secrecy involved in individual cases varies considerably.)

From 1995 through April 2000, out of 2086 cases reviewed, the

interagency commission refused to lift restrictions in 301 cases (14

percent). Human rights organizations point out, however, that this

number includes only persons who appealed the decision to restrict

travel to the commission. The total number of persons who were refused passports for foreign travel on secrecy grounds is thought to

be much larger. Russia’s Ministry of Internal Affairs, however, does

not publish these statistics or release them to NGOs.

Russian law also grants the state the right to refuse travel

abroad to individuals who are the subject of legal proceedings or

convicts who have not served their sentences. In addition, it allows

the state to deny travel abroad ‘‘temporarily’’ if an individual has

evaded financial obligations imposed by a court, such as alimony

payments. This rule has allowed relatives or former spouses to

delay or even veto emigration plans of some Russian nationals.

In the previous legal regime, there was a requirement that Russian citizens obtain a special stamp from the Ministry of the Interior in addition to a passport before they emigrate. In early 1997,

new legislation eliminated this requirement. However, the Interior

Ministry continues to issue an exit stamp equivalent. The policy of

the Federal Border Service (FBS) reportedly is that it no longer requires the stamp, but, in practice, some FBS officers continue to require it.

TAJIKISTAN

Tajikistan’s constitution provides for the right to emigrate, and

this right is respected in practice. Persons who wish to emigrate

may do so with the permission of various ministries.

TURKMENISTAN

Turkmenistan’s constitution guarantees to citizens the right to

emigrate, but procedurally permission must first be obtained from

the Ministry of Foreign Affairs. In order to emigrate, citizens must

submit an application, an invitation from the country of destination, evidence of freedom from debts and other financial obligations, and written consent from family members. Divorced applicants with children must present an affidavit of consent from their

former spouse, whether the children are emigrating or not. Those

with military obligations must de-register with the Ministry of Defense. Under Turkmen law, the Ministry of Foreign Affairs must

process the application and documents for emigration within three

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months. Although the Ministry rarely denies such applications,

some opposition figures have been prevented from emigrating.

UKRAINE

Ukrainian law and the 1996 constitution guarantee the right to

emigrate, and that right is respected in practice. All citizens are eligible for passports that permit free travel abroad. There remains

a requirement to obtain an exit visa from the local Office of Visas

and Registration (OVIR) for Ukrainians who intend to take up permanent residence in another country. Ukraine does not impose

taxes or fees on those who emigrate. Reports of local bureaucrats

assessing bribes for routine passport and exit visa issuances are

common. However, human rights groups report that persons need

only appeal to national-level authorities to resolve their status and

establish their right to emigrate. Some draft-age men have been refused the right to emigrate pending clarification of their status

with the military. Cases involving applicants who have had or have

access to secret information usually take longer, but secrecy has

not been used routinely as grounds for denying permission to emigrate.

There is one known case of an exit visa being denied. Six people,

originally from Uzbekistan but now Ukrainian citizens, were granted U.S. refugee status almost two years ago after their husbands/

fathers were extradited from Ukraine without due process to

Uzbekistan, where they were jailed for life. These people have been

unable to leave Ukraine or Russia for two years, despite having

proof of Ukrainian citizenship, U.S. refugee status, IOM travel docs

and ICRC travel docs. OVIR has refused to grant them exit permission on the grounds that the father of two of the children must give

his permission, which he is unable to do from jail.

A lapse in an Israeli-Ukrainian student exchange program in

1999 led to concern about the ability of several hundred JewishUkrainian students to travel overseas for study in Israel. While negotiations continued, the Ukrainian Government took steps to ensure that the students in question could travel. In April 2000,

Ukrainian Education Minister Vasyl Kremen and Israeli Education

Minister Yosi Sarid signed an agreement on cooperation in the

sphere of education which provides for continuation of the IsraeliUkrainian student exchange program. A large percentage of

Ukraine’s Jewish population, perhaps as much as 50 percent, has

emigrated to Israel and the United States since Ukraine achieved

independence in 1991.

UZBEKISTAN

Uzbekistan’s constitution provides for free movement within the

country and across its borders, and the government has generally

respected this right. The government requires citizens to obtain

exist visas for foreign travel or emigration, but grants these permits routinely. Exit visas are valid for a period of two years and

no longer require an invitation from abroad. Several human rights

activists were able to leave and reenter the country without encountering problems from the government. The country hosts populations of ethnic Koreans, Meskhetian Turks, Germans, Greeks,

and Crimean Tartars deported to Central Asia by Stalin during

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World War II. These groups enjoy the same rights as other citizens.

Although they are free to return to their ancestral homelands, absorption problems in those countries have slowed their return.

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