[House Document 112-34]
[From the U.S. Government Publishing Office]
112th Congress, 1st Session - - - - - - - - - - - - - House Document 112-34
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER AUTHORITY FOR
TURKMENISTAN
__________
COMMUNICATION
from
THE ACTING ASSISTANT SECRETARY FOR LEGISLATIVE AFFAIRS, THE DEPARTMENT
OF STATE
transmitting
A REPORT CONCERNING THE EXTENSION OF WAIVER AUTHORITY FOR TURKMENISTAN,
PURSUANT TO PUB. L. 93-618, SEC. 402(d)(1) AND 409
June 13, 2011.--Referred to the Committee on Ways and Means and ordered
to be printed
Department of State,
Washington, DC, May 17, 2011.
Hon. John A. Boehner,
Speaker of the House of Representatives.
Dear Mr. Speaker: Pursuant to subsection 402(d)(1) and 409
of the Trade Act of 1974 (Jackson-Vanik Amendment), P.L. 93-
618, the President's Delegation of Authority E.O. 13346 (July
8, 2004), and Delegation of Authority No. 245-1 (February 13,
2009), the Deputy Secretary of State for Management and
Resources has exercised the waiver authority provided by the
Act on behalf of the Secretary of State and has issued the
required determination.
A copy of the Deputy Secretary's Determination and the
accompanying Report to Congress concerning the extension of
waiver authority for Turkmenistan are enclosed.
We hope you find this information useful. Please do not
hesitate to contact us if we may be of assistance on this or
any other issue.
Sincerely,
Joseph E. Macmanus,
Acting Assistant Secretary,
Legislative Affairs.
Enclosures: As stated.
Report to the Congress Concerning the Extension of Waiver Authority for
Turkmenistan
This report is submitted pursuant to subsection 402(d)(1)
of the Trade Act of 1974, as amended (``the Act'').
FREEDOM OF EMIGRATION DETERMINATION
Turkmenistan was found compliant with Jackson-Vanik every
year until 2003, when in response to an armed attack on former
President Niyazov's motorcade in November 2002, the government
tightened control over movement outside of the country by
imposing an exit visa requirement, which included restrictions
on emigration. The government officially removed the exit visa
regime in January 2004, restoring some freedom of movement,
including freedom of emigration.
While the exit visa regime was officially lifted, the
government has continued to impede travel out of the country,
including emigration for selected individuals, particularly
those suspected of opposing or being disloyal to the government
and their family members. Some family members of officials
imprisoned in 2002 who have wanted to emigrate to join
relatives abroad have not been allowed to do so. People subject
to a travel ban who have tried to leave the country have been
turned away at the airport, visited by security services and
told not to try to leave, or had their passports confiscated.
Further, in December 2005, the Government of Turkmenistan
passed a law on migration that was used to limit the ability of
Turkmen, especially those who had run afoul of Niyazov's
regime, to leave the country. The law contains several
restrictions on travel abroad. According to Article 32 of the
law, those with access to state secrets, those considered a
risk of becoming victim of trafficking, and those whose
departure threatens Turkmenistan's national security can be
prevented from traveling.
In recent years, there are indications of an easing of the
emigration restrictions. Since the death in December 2006 of
President Niyazov, the Government of Turkmenistan has expressed
a commitment to righting the abuses of the past and has
undertaken a review of cases of those who were denied
permission to leave the country freely for apparent political
reasons. At least four citizens who were previously barred from
leaving the country have been allowed to depart. Nonetheless,
many such restrictions remain in effect.
Migration statistics indicate that emigration is possible
for most Turkmen citizens. An international organization that
follows migration issues reports that at least 234 Turkmen
citizens who acquired refugee status in other countries were
able to leave the country between 2004 and 2009. An additional
17 citizens left between January and April 2010. Citizens of
Turkmenistan have emigrated to Turkey, Israel, the United Arab
Emirates, Russia, Germany, the United Kingdom, Kazakhstan, the
United States, and Uzbekistan. Official statistics, however,
are difficult to obtain. An unofficial source reported that in
2008 the Government of Turkmenistan permitted the migration of
34 Jewish citizens and allowed 53 Jewish citizens to emigrate
to Israel in 2009.
However, there continue to be numerous accounts of
individuals barred from leaving the country. In fall 2009,
students who planned to study at the American University in
Central Asia were not allowed to depart to Bishkek and were
temporarily banned from foreign travel. In April 2011, a group
of health professionals who were supposed to take part in a
U.S. government-sponsored exchange program in the United States
were stopped at the airport by State Migration Service
officials and denied exit. Those seven people were then placed
on a list of persons banned from leaving the country.
Government policy requires personnel offices of government
agencies to hold the passports of all government employees.
Government employees must first obtain permission to travel
abroad in order to retrieve their passports.
For Turkmen citizens possessing a second citizenship, exit
from Turkmenistan can be problematic. The Turkmen Constitution
does not permit dual citizenship, and there have been occasions
when State Migration Service officials refused to allow dual
citizens to exit the country, despite possession of a valid
travel document showing the person's other citizenship. The
State Migration Service has not provided clear instructions on
how dual citizens can leave the country, nor a clear procedure
for a person to renounce Turkmen citizenship.
The Jackson-Vanik waiver has been an important tool for the
United States to encourage the Government of Turkmenistan to
ease its emigration restrictions, in combination with ongoing
engagement involving instances such as the travel ban against
students at the American University in Central Asia. The
Government of Turkmenistan seeks to avoid criticism from the
international community on issues such as respect for freedom
of movement. Avoiding such criticism, which would be explicit
if Jackson-Vanik sanctions were imposed, is a strong incentive
for the Government of Turkmenistan to continue to ease such
restrictions. Renewing the waiver at this time will provide
better conditions for bilateral dialogue on freedom of
emigration and movement and will substantially promote the
objectives of Section 402 of the Jackson-Vanik Act.
Determination Under Subsection 402(d)(1) of the Trade Act of 1974, As
Amended--Continuation of Waiver Authority
Pursuant to the authority vested in the President under the
Trade Act of 1974, as amended, Public Law 93-618, 88 Stat. 1978
(hereinafter ``the Act''), and assigned to the Secretary of
State by virtue of Section 1(a) of Executive Order 13346 of
July 8, 2004, as well as the authority delegated to the Deputy
Secretary of State for Management and Resources by Delegation
of Authority 245-1 of February 13, 2009, 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 Turkmenistan will substantially
promote the objectives of Section 402 of the Act.
This determination shall be published in the Federal
Register.
Thomas R. Nides,
Deputy Secretary of State for
Management and Resources.