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[House Document 110-44]
[From the U.S. Government Publishing Office]

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

 
 DETERMINATION OF A WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO 
                              TURKMENISTAN

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              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

                                           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.

 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 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.

                            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.

                                  
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