U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

59–011 2007

110th Congress, 1st Session – – – – – – – – – – – – – House Document 110–44 

DETERMINATION OF A WAIVER UNDER THE TRADE 

ACT OF 1974 WITH RESPECT TO TURKMENISTAN 

COMMUNICATION 

FROM

THE PRESIDENT OF THE UNITED STATES 

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). 

JULY 10, 2007.—Referred to the Committee on Ways and Means and 

ordered to be printed 


cnoel on PRODPC60 with HEARINGE:\Seals\Congress.#13

cnoel on PRODPC60 with HEARING
(1) 

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. 


cnoel on PRODPC60 with HEARING

cnoel on PRODPC60 with HEARING
(3) 

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 


cnoel on PRODPC60 with HEARING
4 

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. 


cnoel on PRODPC60 with HEARING
(5) 

EXECUTIVE ORDER

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. 

Æ 


cnoel on PRODPC60 with HEARING