U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–011 2009

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

WAIVER UNDER THE TRADE ACT OF 1974 WITH 

RESPECT TO THE REPUBLIC OF BELARUS 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

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 


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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. 


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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. 


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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 


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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. 

Æ 


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