U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – – House Document 107–82

CONTINUATION OF WAIVER UNDER THE TRADE ACT

OF 1974 WITH RESPECT TO VIETNAM

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION

OF A WAIVER CURRENTLY IN EFFECT FOR VIETNAM WILL SUBSTANTIALLY PROMOTE THE OBJECTIVES OF SECTION 402, OF

THE TRADE ACT OF 1974 (PRESIDENTIAL DETERMINATION 2001–

17), PURSUANT TO 19 U.S.C. 2432(c) AND (d)

JUNE 5, 2001.—Referred to the Committee on Ways and Means and

ordered to be printed

(1)

THE WHITE HOUSE,

Washington, June 1, 2001.

Hon. J. DENNIS HASTERT,

Speaker of the House of Representatives,

Washington, DC.

DEAR MR. SPEAKER: I hereby transmit a report including my reasons for determining that continuation of the waiver currently in

effect for Vietnam under subsection 402(d)(1) of the Trade Act of

1974, as amended (the ‘‘Act’’), will substantially promote the objectives of section 402 of the Act.

Sincerely,

GEORGE W. BUSH.

(3)

[Presidential Determination No. 2001–17]

THE WHITE HOUSE,

Washington, June 1, 2001.

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 Vietnam.

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 Vietnam 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.

(5)

REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER

AUTHORITY FOR VIETNAM

Pursuant to subsection 402(d)(1) of the Trade Act of 1974, as

amended (‘‘the Act’’), I hereby recommend further extension of the

waiver authority granted by subsection 402(c) of the Act for twelve

months. 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 Vietnam will also substantially promote the objectives of section 402 of the Act. My determination is attached and is incorporated herein.

FREEDOM OF EMIGRATION DETERMINATION

Overall, Vietnam’s emigration policy has liberalized considerably

in the last decade and a half. Vietnam has a solid record of cooperation with the United States to permit Vietnamese emigration.

Over 500,000 Vietnamese have emigrated as refugees or immigrants to the United States under the Orderly Departure Program

(ODP), and only a small number of refugee applicants remain to be

processed.

The Government of Vietnam (GVN) cooperates with the United

States Government to process applicants under ODP and the Resettlement Opportunity for Vietnamese Returnees (ROVR) program. The GVN issues passports and exit permits to Vietnamese

approved for admission to the United States and, in the case of

ROVR applicants, expedites the departure clearance process. In FY

1999, we completed processing of the majority of ODP and ROVR

cases.

On September 30, 1999, the Department of State closed the ODP

office in Bangkok, Thailand and opened the Refugee Resettlement

Section (RRS) at the United States Consulate General in Ho Chi

Minh City, Vietnam. The RRS continues to process the small number of remaining ODP and ROVR cases. A new, in-country program

to address the rescue needs of individuals who have suffered recent

persecution or who have a well-founded fear of future persecution

on account of race, religion, nationality, membership in a particular

social group, or political opinion, is also managed by the RRS.

As of May 11, 2001, the GVN has cleared for interview all but

73 of the nearly 21,000 individuals who applied for consideration

under the ROVR program. Applicants cleared for interview by the

GVN must gather necessary documents to support their applications and be scheduled for an interview with the Immigration and

Naturalization Service (INS). The INS has approved 17,168 for admission to the United States, 16,163 of whom have departed to the

United States. An additional 21 individuals await INS interview.

Completion of the Former Re-education Camp Detainees program, known popularly as the ‘‘HO’’ program, remains a high priority. To be eligible for this program, applicants must have been

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detained for at least three years in a reeducation camp because of

their association with the United States or the former South Vietnamese government. As of May 2001, there were 78 HO cases

(comprising 331 persons) that the GVN had not yet cleared for

interview.

A sub-group of the HO program consists of applicants covered by

the ‘‘McCain Amendment.’’ These applicants are persons over the

age of 21 who are the sons and daughters of former re-education

camp detainees who were approved for admission as refugees and

for various reasons were not included on their parents’ cases. As

the result of extensions and modifications to the legislation since

its initial passage in October 1996, several thousand adult children

of re-education detainees have been able to join their parents in the

United States. The number of children eligible for processing in

this category changes constantly as new applications are received

and others are processed and depart for the United States. As of

May 11, 2001, nearly 700 cases (comprising some 1,700 individuals)

remain to be processed for resettlement under this program.

The GVN also continues to cooperate on refugee cases involving

Montagnards, a term commonly used to identify members of ethnic

minorities who traditionally have lived in highland areas. Of the 85

active cases in this category, 37 cases (consisting of 333 people) remain to be cleared for interview. The United States Government

will continue to press the GVN to clear for interview and processing the remaining Montagnard refugee cases.

The United States Government is also committed to interview

those individuals eligible for the ODP sub-program for former

United States Government employees who did not receive interviews because of the 1996 suspension of the program by the United

States. In November 2000, we completed the review of the files of

applicants who had not been processed under this category and determined that 940 applicants are eligible for interview. We have

sought reconfirmation from the Vietnamese of authorization to proceed with the program and are awaiting their response. We anticipate interviews under this program will commence later this year.

The GVN also continues to cooperate in the timely processing of

current non-refugee immigrant visa cases. The first half of fiscal

year 2001, our consular sections issued 9,259 immigrant visas and

6,596 non-immigrant visas. The Department of State anticipates

that demand in Vietnam for immigrant and non-immigrant visas

will grow.

The United States will not consider our refugee programs to be

completed until the last applicant has had the opportunity to be

interviewed, or we have an acceptable accounting of each case.

United States Government officials both in Washington and Vietnam will continue to press the GVN at every level to authorize

interviews for all those who registered to be interviewed for resettlement in the United States as refugees.

These efforts, together with the extension of the Jackson-Vanik

waiver, will encourage the Vietnamese to further liberalize their

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emigration policy and to continue to resolve procedural issues that

affect our refugee and immigration programs.

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