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[House Document 111-55]
[From the U.S. Government Publishing Office]

111th Congress, 1st Session - - - - - - - - - - - - - House Document 111-55

 
  WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO THE REPUBLIC OF 
                                BELARUS

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

NOTIFICATION OF HIS DETERMINATION TO CONTINUE TO WAIVE THE APPLICATION 
OF SUBSECTIONS (a) AND (b) OF SECTION 402 OF THE TRADE ACT OF 1974 WITH 
 RESPECT TO THE REPUBLIC OF BELARUS, PURSUANT TO 19 U.S.C. 2432(c)(2) 
                                AND (d)

    July 7, 2009.--Message and accompanying papers referred to the 
         Committee on Ways and Means and ordered to be printed
                                           The White House,
                                          Washington, July 1, 2009.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: I wish to report to the Congress that I 
have made the determination required by subsection 402(c)(2)(A) 
of the Trade Act of 1974, as amended (the ``Act''), and 
received the assurances as required by section 402(c)(2)(B) of 
the Act with respect to Belarus. I also transmit the document 
referred to in subsection 402(c)(2) of the Act.
            Sincerely,
                                                      Barack Obama.
                            Executive Order

                              ----------                              

  Waiver Under the Trade Act of 1974 With Respect to the Republic of 
                                Belarus

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including subsection 402(c)(2) of the Trade Act of 1974, as 
amended (the ``Act'') (19 U.S.C. 2432(c)(2)), which continues 
to apply to the Republic of Belarus pursuant to subsection 
402(d) of the Act (19 U.S.C. 2432(d)), and having made the 
report to the Congress set forth in subsection 402(c)(2), I 
hereby waive the application of subsections (a) and (b) of 
section 402 of the Act with respect to the Republic of Belarus.

                                                      Barack Obama.
    The White House, July 1, 2009.
 Report to the Congress Concerning a Waiver of Subsections 402(a) and 
         (b) of the Trade Act of 1974--the Republic of Belarus

    Pursuant to subsection 402(c)(2) of the Trade Act of 1974, 
as amended (the ``Act''), which continues to apply to the 
Republic of Belarus pursuant to subsection 402(d) of the Act, I 
shall issue today an Executive Order waiving the application of 
subsections (a) and (b) of section 402 of the Act with respect 
to the Republic of Belarus (Belarus).
    Exercise of the waiver authority conferred by section 402 
of the Act would continue to permit the United States to 
maintain Normal Trade Relations tariff rates for products of 
Belarus, and to conclude and maintain in force a bilateral 
trade relations 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 those programs have been suspended in Belarus due 
to concerns over the Belarusian authorities' economic and human 
rights policies.

                    FREEDOM OF EMIGRATION SITUTATION

    The November 1996 Constitution of the Republic of Belarus, 
although adopted illegitimately, specifically grants citizens 
the right to leave and return as they wish. Soviet-era 
restrictions on emigration in Belarus have largely, but not 
entirely, been dismantled, and existing restrictions are 
applied in a manner that generally allows free emigration. None 
of the human rights or religious minority organizations, 
including Jewish organizations, in Belarus report 
discriminatory restrictions limiting the ability of citizens to 
emigrate on the basis of ethnic identity. However, 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 imposed by a court, 
such as a fine or child support obligations. These exit 
restrictions on Belarusian citizens apply equally whether they 
are exiting for the purpose of temporary travel or for 
emigration. We believe these restrictions have arbitrarily 
targeted the temporary travel of opposition activists and may 
impact their freedom of emigration.
    The procedure for administering these exit restrictions has 
recently been changed. Presidential Decree No. 643 of December 
17, 2007, which took effect on January 1, 2008, 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 border points are checked against a database 
of persons ineligible for exit. The Belarusian Committee for 
State Security (BKGB) and the Ministries of Justice and Defense 
provide names to the Citizenship and Migration Office of the 
Ministry of Internal Affairs, which maintains the database.
    CO Since January 1, 2008, we have had no reports that the 
new procedure is adversely affecting freedom of emigration. 
However, we are concerned that the new procedures are less 
transparent, more subject to manipulation than the old system, 
and can be used to restrict temporary travel abroad. Opposition 
politicians and civil society activists who had previously been 
able to exit Belarus for temporary travel were denied 
permission to exit when they appeared at a border crossing 
after the new decree came into force on January 1, 2008. In 
some cases, the persons denied permission to exit were not 
given any legal basis for denial of their right to exit.
    Other existing restrictions that impede the ability of 
Belarusians to exit the country remained in place during 2008 
and the first half of 2009. These restrictions included a 
presidential decree signed in March 2005 on measures to combat 
trafficking in persons, which required, among other provisions, 
that any organization responsible for facilitating student 
exchanges must first receive approval for its program from the 
Ministry of Education. Nongovernmental organizations have 
expressed concern that the Belarusian authorities may be using 
this law to prevent Belarusians from traveling abroad for 
legitimate purposes. A presidential decree from November 2005, 
which required students to get permission from the Ministry 
before even brief study, work, sports, cultural, or other 
events abroad during the school year, also remained in effect.
    We have repeatedly expressed our concerns to the Government 
of Belarus about the manner in which restrictions on exit from 
Belarus are applied, either for the purpose of emigration or 
for temporary travel. In an October 2008 meeting, the 
Government of Belarus provided assurances it will address these 
restrictions on temporary travel. Issuing a new waiver will 
allow us to continue to promote progress by the Government of 
Belarus, while preserving our leverage to prevent any rollback. 
We will continue to raise our concerns with the Government of 
Belarus about emigration-related policies, noting that efforts 
to restrict emigration may result in revocation of the waiver 
and Normal Trade Relations.

                                  
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