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Case Number: 2014-1060-F
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This is not a textual record. This is used as an
administrative marker by the Clinton Presidential
Library Staff.
Original OA/ID Number:
3802
Document ID:
9903865
Stack:
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43
2
3
3
UNCLASSIFIED
RECORD ID: 9903865
NSC/RMO PROFILE
RECEIVED: 19 MAY 99 12
TO: ALBRIGHT, M
CHRON FILE
FROM: PRESIDENT
DOC DATE: 03 JUN 99
SOURCE REF: 99-27
KEYWORDS: VIETNAM
MFN
PD
PERSONS:
SUBJECT: DETERMINATION UNDER SUBSECTION 402 D 1 OF TRADE ACT OF 74 AS AMENDED
CONTINUATION OF WAIVER AUTHORITY FOR VIETNAM
ACTION: PRES SGD PD 99-27
DUE DATE: 25 MAY 99 STATUS: C
STAFF OFFICER: ARVIZU
LOGREF: 9903952
FILES: PA
NSCP:
CODES:
DOCUMENT DISTRIBUTION
FOR ACTION
FOR CONCURRENCE
FOR INFO
ARVIZU
NSC CHRON
COMMENTS:
DISPATCHED BY
DATE
BY HAND W/ATTCH
OPENED BY: NSDMK
CLOSED BY: NSGP
DOC 4 OF 4
UNCLASSIFIED
UNCLASSIFIED
RECORD ID: 9903865
ACTION DATA SUMMARY REPORT
DOC ACTION OFFICER
CAO ASSIGNED ACTION REQUIRED
001 ARVIZU
Z 99051912 PREPARE MEMO FOR BERGER
002 BERGER
Z 99052819 FWD TO PRESIDENT FOR SIGNATURE
002 ARVIZU
Z 99060115 FOR REDO
002 BERGER
Z 99060211 FWD TO PRESIDENT FOR SIGNATURE
002 SPERLING, G
Z 99060219 FOR SIGNATURE
003 PRESIDENT
Z 99060317 FOR SIGNATURE
004
X 99060411 PRES SGD PD 99-27
DISPATCH DATA SUMMARY REPORT
DOC DATE
DISPATCH FOR ACTION
DISPATCH FOR INFO
004 990603 ALBRIGHT, M
KENNEY, K
004 990603
CONROY, R
004 990603
BENT, R
004 990603
SAUNDERS, T
UNCLASSIFIED
UNCLASSIFIED
RECORD ID: 9903865
NSC/RMO PROFILE
RECEIVED: 19 MAY c
TO: DAVIES
FROM: KENNEY, K
DOC DATE: 18 MAY 99
SOURCE REF: 199909252
KEYWORDS: VIETNAM
MFN
PERSONS:
SUBJECT: DETERMINATION OF JACKSON VANIK WAIVER FOR VIETNAM SECTION 402 OF
TRADE ACT OF 1974
ACTION: PREPARE MEMO FOR BERGER
DUE DATE: 25 MAY 99 STATUS: S
STAFF OFFICER: ARVIZU
LOGREF:
FILES: PA
NSCP:
CODES:
DOCUMENT DISTRIBUTION
FOR ACTION
FOR CONCURRENCE
FOR INFO
ARVIZU
BAKER
HAMMONDS
BUSBY
LIEBERTHAL
HENDRICKS
MCCARTHY
SCHWARTZ
COMMENTS:
DISPATCHED BY
DATE
BY HAND W/ATTCH
OPENED BY: NSDMK
CLOSED BY:
DOC 1 OF 1
UNCLASSIFIED
3865
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20504
May 28, 1999
ACTION
MEMORANDUM FOR SAMUEL R. BERGER
GENE SPERLING
THROUGH:
mms
FROM:
D. HOLLY HAMMONDS hims
JACK PRITCHARD
ALEX ARVIZU
SUBJECT:
Presidential Determination to Extend Jackson-
Vanik Waiver Authority for Vietnam
Under Section 402 of the Trade Act of 1974, as amended, the
President has until June 3 to transmit to Congress a
determination required to extend the waiver of the Jackson-Vanik
amendment for Vietnam. Without this determination, the waiver
will expire on July 3, ending Vietnam's eligibility for U.S.
Government credit and investment guarantee programs and most-
favored-nation (MFN) tariff treatment, now referred to under
U.S. law as normal trade relations, or NTR. Vietnam currently
does not receive NTR. A Jackson-Vanik waiver is a prerequisite
for NTR as is Congressional approval of a bilateral trade
agreement, which remains under negotiation.
The only legal requirement that must be met is for the President
to determine that a waiver extension will substantially promote
freedom of emigration from Vietnam. Since the President's
decision in June 1998 to continue the waiver for an additional
twelve-month period, Vietnam has continued to make substantial
progress on emigration issues of concern to us. In our view,
continuation of the waiver for an additional year will
contribute toward substantially promoting freedom of emigration
from Vietnam.
Concurrence by:
Chuck Allen, Scott Busby, Dan Shapiro
} pyin
in
RECOMMENDATION
That you sign the memorandum to the President at Tab I.
2
Attachments
Tab I Memorandum to the President
Tab A
Message to Congress
Tab B
Presidential Determination
Tab C
Report to Congress
Tab II
Incoming Correspondence
3865
THE WHITE HOUSE
WASHINGTON
ACTION
MEMORANDUM FOR THE PRESIDENT
THROUGH:
THE EXECUTIVE CLERK
FROM:
SAMUEL BERGER
GENE SPERLING
LARRY STEIN
SUBJECT:
Extension of Jackson-Vanik Waiver Authority for
Vietnam
Purpose
Extend the Jackson-Vanik waiver for Vietnam.
Background
Under Section 402 of the Trade Act of 1974, as amended, you have
until June 3 to transmit to Congress a determination extending.
the waiver of the Jackson-Vanik amendment for Vietnam. Without
this determination, the waiver will expire on July 3, ending
Vietnam's eligibility for U.S. Government credit and investment
guarantee programs and most-favored-nation (MFN) tariff
treatment, now referred to under U.S. law as normal trade
relations, or NTR. Vietnam currently does not receive NTR. A
Jackson-Vanik waiver is a prerequisite for NTR as is
Congressional approval of a bilateral trade agreement, which
remains under negotiation.
To extend the waiver, you must determine that this action will
substantially promote freedom of emigration from Vietnam. Since
your decision in June 1998 to continue the waiver, Vietnam has
continued to make substantial progress on emigration issues of
concern to us. Although we continue to press the Government of
Vietnam to be more forthcoming in some areas, in our view
continuation of the Jackson-Vanik waiver for an additional year
would contribute toward substantially promoting freedom of
emigration from Vietnam.
CC: Vice President
Chief of Staff
2
RECOMMENDATION
That you sign the message to Congress at Tab A and the
Presidential Determination at Tab B, and approve transmitting
the report to Congress at Tab C.
Attachments
Tab A Message to Congress
Tab B Presidential Determination
Tab C Report to Congress
THE WHITE HOUSE
WASHINGTON
TO THE CONGRESS OF THE UNITED STATES:
I hereby transmit the document referred to in subsection
402 (d) (1) of the Trade Act of 1974 (the "Act"), as amended, with
respect to the continuation of a waiver of the application of
subsections (a) and (b) of section 402 of the Act to Vietnam.
This document constitutes my recommendation to continue in
effect this waiver for a further 12-month period and includes my
determination that continuation of the waiver currently in
effect for Vietnam will substantially promote the objectives of
section 402 of the Act, and my reasons for such determination.
THE WHITE HOUSE,
THE WHITE HOUSE
WASHINGTON
Presidential Determination
No.
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
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.
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER
AUTHORITY FOR VIETNAM
Pursuant to subsection 402 (d) (1) of the Trade Act of 1974
(hereinafter "the Act"), as amended, having determined that
further extension of the waiver authority granted by subsection
402 (c) of the Act for 12 months will substantially promote the
objectives of section 402, I have today determined 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 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 in permitting
Vietnamese to émigrate. 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 U.S.
Government to clear for interview applicants under ODP and the
Resettlement Opportunities 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. Based on progress made on refugee processing to date,
it is our aim to complete processing of nearly all of the
current ODP caseload before the end of FY 1999. Moreover, the
GVN recently stated its commitment to take all steps necessary
to assist us in meeting this goal for all refugee programs,
including ROVR and Montagnard cases.
After a slow start, processing of eligible cases under the ROVR
program accelerated dramatically in 1998 and is now near
completion. As of June 1, 1999, the GVN had cleared for
interview 19, 975 individuals, or 96 percent of the ROVR
applicants. By contrast, at this time last year, the GVN had
cleared 78 percent of applicants. Once cleared for interview by
the GVN, applicants must gather the documents necessary to
support their applications and be scheduled for interview with
ODP, which will determine their qualification for subsequent
2
interview by the Immigration and Naturalization Service (INS)
The INS has approved 15,833 for admission to the United States,
14,715 of which have departed for the United States. An
additional 463 await INS interview. The difference between the
number of individuals cleared by the GVN and the number approved
by the INS or awaiting interview is the result of determinations
made by ODP and INS. ODP has determined 8 percent of ROVR
applicants (1,668 people) not to be qualified for an INS
interview according to U.S. ROVR guidelines. INS has determined
that 11 percent (1,996 people) are not admissible to the United
States as refugees.
In contrast to May 1998, when the GVN had not yet responded on
1,353 ROVR cases representing 2, 718 people, the GVN reduced the
number of cases on which no action had been taken, as of June 1,
1999, to 79 cases involving 166 individuals. Likewise, progress
has also been made on cases in which the GVN initially denied
clearance for interview. As of May 11, 1998, 776 cases were
listed as having been denied clearance. However, the GVN
authorities reported that, in a significant number of cases,
they had been unable to provide clearance to applicants because
of address problems or because the applicants had declined to
attend a clearance interview. ODP has worked to provide the GVN
with updated information on such cases in order to permit it to
reverse its denial of clearance in as many cases as possible.
As a result of this cooperation, the number of cases denied
clearance has been reduced to 422 cases, representing 628
individuals.
The greatest problem for ROVR processing at this time is the
failure of some cleared applicants to appear at the ODP office
in Ho Chi Minh City for their INS interview. This problem may
hamper our efforts to wrap up the ROVR program by the end of
FY 1999.
ODP has also given particular attention to completion of the
Former Re-education Camp Detainees program, known popularly as
the "HO" program. Under this program, eligible applicants must
have been detained for at least three years in a re-education
camp because of their association with the United States or the
former South Vietnamese government. As of May 24, 1999, there
were only 287 HO cases comprising 1,480 persons who had not been
interviewed by INS. Of these, the GVN had not cleared for
interview 244 cases involving 1,320 persons; however, it should
be noted that the individuals in many of those cases are
uncleared because they have not applied to the GVN for exit
permission. Officials at the Department of State and our
diplomatic posts in Vietnam continue to press the GVN at every
level to authorize interviews of the remaining cases for those
3
who wish to depart. The U.S. Government will not consider the
HO program to be completed until the last applicant has had the
opportunity to be interviewed by ODP or we have an acceptable
accounting for each case.
A sub-group of the HO program consists of applicants covered by
the "McCain Amendment. These 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 after April 1, 1995.
Under worldwide U.S. refugee processing criteria, only the
minor, unmarried children of a principal applicant can be
included in a case. Under the McCain Amendment, however, the
sons and daughters over the age of 21 can be included in HO
cases as long as they are single. This is retroactive to
persons interviewed after April 1, 1995, with the proviso that
sons and daughters who married after their parent was approved
are still eligible for processing if they were single at the
time of their parent's refugee interview. The provision was
expanded last year to include sons and daughters of widows of
detainees who died in a re-education camp or as a result of that
detention, and those persons who were eligible for admission as
refugees but who instead were admitted on immigrant visas.
As of May 24, 1999, there were 558 cases which remained eligible
for consideration under the McCain Amendment, although many of
these do not appear interested in pursuing applications. The
GVN cooperates with us fully in implementing the McCain
Amendment. We expect to complete processing of all interested
cases before the provision expires at the end of the fiscal
year.
Regarding GVN cooperation on the emigration of refugee cases
involving Montagnards, progress has been made since the Jackson-
Vanik waiver for Vietnam was extended in 1998. The GVN cleared
220 individuals (32 cases) for interview, of which 118 (18
cases) have been approved for resettlement in the United States
by the INS. In addition, the GVN has provided information
regarding their inability to clear for interview 265 individuals
(36 cases). The most common reasons include address problems
and failure to meet the requirement of three years in re-
education. As with all other residual refugee cases, ODP and
other USG officials will continue to press the GVN to expedite
processing.
GVN progress on freedom of emigration in 1998 and the early part
of 1999 has permitted us to near completion of various ODP
refugee admissions programs in Vietnam. U.S. Government
officials both in Washington and in Vietnam will continue to
press the Vietnamese at all levels to take all necessary steps
4
to expeditiously complete processing under these programs and
ensure that all interested applicants have the opportunity to
interview and, if qualified, depart for the United States.
Completion of ODP and ROVR programs will not mean the end of
U.S. refugee processing in Vietnam. We are designing 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.
The U.S. Government is also committed to interview those
individuals eligible for the ODP sub-program for former U.S.
Government employees who did not receive interviews because of
the 1996 suspension of the program by the United States. The
GVN has formally agreed to cooperate with us in implementing
this program.
The GVN's cooperation in permitting the timely processing of
most other current non-refugee immigrant visa cases has also
continued to be good. In 1998, 9,742 immigrant visas were
issued to Vietnamese under ODP. The Department of State expects
that over 25,000 Vietnamese will apply for immigrant visas under
the regular immigration program in FY 1999. As of April 30,
1999, 8,303 immigrant visas had been issued to Vietnamese. We
expect the number of applications to rise to 30,000 in FY 2000.
We expect that efforts by U.S. officials to impress on the GVN
the importance of Vietnam's continued cooperation on immigration
together with the extension of the Jackson-Vanik waiver will
encourage the Vietnamese to further liberalize their emigration
policy and resolve specific problems that face our refugee and
immigration programs.
199909252
3865
United States Department of State
Washington, D.C. 20520
UNCLASSIFIED
May 18, 1999
MEMORANDUM FOR GLYN T. DAVIES
EXECUTIVE SECRETARY
NATIONAL SECURITY COUNCIL
SUBJECT: Determination to Extend Jackson-Vanik
Waiver Authority for Vietnam
According to Section 402 of the Trade Act of 1974, as
amended, the President has until June 3 to transmit a
determination to Congress necessary for the extension of
Vietnam's Jackson-Vanik waiver. Without this determination,
the waiver will expire on July 3 along with Vietnam's
eligibility for U.S. Government credit and investment
guarantee programs and most-favored-nation (MFN) tariff
treatment (now referred to under U.S. law as normal trade
relations or NTR.) Vietnam currently does not receive NTR.
A Jackson-Vanik waiver is a prerequisite for NTR as well as
Congressional approval of a bilateral trade agreement which
remains under negotiation.
The only legal requirement that must be met is for the
President to determine that a waiver extension will
substantially promote freedom of emigration from Vietnam.
Since the President's decision in June 1998 to continue the
waiver for Vietnam, that country has continued to make
substantial progress on emigration. It is, therefore, our
belief that continuation of the waiver for another year will
again substantially promote freedom of emigration from
Vietnam. A detailed justification for continuing the waiver
is attached.
Rsa m Likias for
Kristie A. Kenney
Executive Secretary
Attachments:
Tab A - President's Transmittal Message to Congress
Tab B - President's Report to Congress Concerning
Extension of Waiver Authority
Tab C - Presidential Determination -- Memorandum from
the President to the Secretary
UNCLASSIFIED
TO THE CONGRESS OF THE UNITED STATES:
I hereby transmit the document referred to in
subsection 402 (d) (1) of the Trade Act of 1974 (the "Act"),
as amended, with respect to the continuation of a waiver of
application of subsections (a) and (b) of section 402 of the
Act to Vietnam. This document constitutes my recommendation
to continue in effect this waiver for a further twelve-month
period and includes my determination that continuation of
the waiver currently in effect for Vietnam will
substantially promote the objectives of section 402 of the
Act, and my reasons for such determination.
THE WHITE HOUSE,
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER
AUTHORITY FOR VIETNAM
Pursuant to subsection 402 (d) (1) of the Trade Act of 1974
(hereinafter "the Act"), as amended, having determined that
further extension of the waiver authority granted by subsection
402 (c) of the Act for twelve months will substantially promote
the objectives of section 402, I have today determined 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 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 in permitting
Vietnamese to emigrate. 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 clear for interview applicants under ODP
and the Resettlement Opportunities 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. Based on progress made on refugee processing to date,
it is our aim to complete processing of nearly all of the
current ODP caseload before the end of FY 1999.
After a slow start, processing of eligible cases under the
Resettlement Opportunity for Vietnamese Returnees (ROVR) program
accelerated dramatically in 1998 and is now near completion. As
of May 10, the GVN had cleared for interview 95% of the ROVR-
eligible applicants -- 19,830 individuals. By contrast, at this
time last year, the GVN had cleared 78% of applicants. Of those
cleared, 15,837 have been approved for admission to the United
States, and 14,325 have departed for the United States.
Areas for improvement remain. The GVN has not taken action on
84 of the cases submitted by the USG; however, only 45 of these
cases representing 92 persons were originally handed to it by
the negotiated submission deadline. But here too, substantial
progress has been made. As of May 11, 1998, the GVN had not
responded on 1353 cases representing 2, 718 people. The GVN also
has not cleared for interview 454 cases, representing 675 people
or 3% of total applicants. However, GVN authorities report
that, in a significant number of cases, they have been unable to
clear the applicants for INS interview because of address
problems or because the applicants have declined to attend a
clearance interview. ODP has worked closely with the GVN to
provide updated information on uncleared cases to permit as many
as possible to be moved to the cleared rolls: as of May 11,
1998, 776 cases were listed as having been denied clearance.
ODP currently is contacting those who remain uncleared to verify
their situation.
The greatest problem for ROVR processing at this time is the
failure of some cleared applicants to appear at the ODP office
in Ho Chi Minh City for their INS interview. This problem may
hamper our efforts to wrap up the ROVR program by the end of FY
1999.
ODP has also given particular attention to completion of the
Former Re-education Camp Detainees program, known popularly as
the "HO" program. Under this program, eligible applicants must
have been detained for at least three years in a re-education
camp because of their association with the United States or the
former South Vietnamese government. As of May 6, there were
only 308 HO cases comprising 1,560 persons who have not been
interviewed by INS. Of these, the GVN has not cleared for
interview 268 cases involving 1,453 persons; however, it should
be noted that the individuals in many of those cases are
uncleared because they have not applied to the GVN for exit
permission. Officials at the State Department and our
diplomatic posts in Vietnam continue to press the GVN at every
level to authorize interviews of the remaining cases for those
who wish to depart. The United States will not consider the HO
program to be completed until the last applicant has had the
opportunity to be interviewed by ODP or we have an acceptable
accounting for each case.
A sub-group of the HO program consists of applicants covered by
the "McCain Amendment." These are persons over the age of 21 who
are the sons and daughters of former reeducation camp detainees
who were approved for admission as refugees after April 1, 1995.
Under worldwide U.S. refugee processing criteria, only the
minor, unmarried children of a principal applicant can be
included in a case. Under the McCain Amendment, however, the
sons and daughters over the age of 21 can be included in HO
cases as long as they are single. This is retroactive to
persons interviewed after April 1, 1995, with the proviso that
sons and daughters who married after their parent was approved
are still eligible for processing if they were single at the
time of their parent's refugee interview. The provision was
expanded last year to include sons and daughters of widows of
detainees who died in a re-education camp or as a result of that
detention, and those persons who were eligible for admission as
refugees but who instead were admitted on immigrant visas.
As of May 6, there were 730 cases which remained eligible for
consideration under the McCain Amendment, although many of these
do not appear interested in pursuing applications. The GVN
cooperates with us fully in implementing the McCain Amendment.
We expect to complete processing of all interested cases before
the provision expires at the end of the fiscal year.
GVN progress on freedom of emigration in 1998 and the first half
of 1999 has permitted us to near completion of various ODP
refugee admissions programs in Vietnam. U.S. government
officials both in Washington and in Vietnam will continue to
press the Vietnamese at all levels to take all necessary steps
to expeditiously complete processing under these programs and
ensure that all interested applicants have the opportunity to
interview and, if qualified, depart for the United States.
Completion of ODP and ROVR programs will not mean the end of
U.S. refugee processing in Vietnam; we are designing 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.
The U.S. Government is also committed to interview those
individuals eligible for the ODP sub-program for former U.S.
Government employees who did not receive interviews because of
the 1996 suspension of the program by the United States. The
GVN has formally agreed to cooperate with us in implementing
this program.
The GVN's cooperation in permitting the timely processing of
most other current non-refugee immigrant visa cases has also
continued to be good. In 1998, 9,742 immigrant visas were
issued to Vietnamese under ODP. The State Department expects
that over 25,000 Vietnamese will apply for immigrant visas under
the regular immigration program in FY-1999. As of the end of
April, 8,303 immigrant visas have already been issued to
Vietnamese. We expect the number of applications to rise to
30,000 in FY-2000.
We expect that efforts by U.S. officials to impress on the GVN
the importance of Vietnam's continued cooperation on immigration
together with the extension of the Jackson-Vanik waiver will
encourage the Vietnamese to further liberalize their emigration
policy and resolve specific problems which face our refugee and
immigration programs.
Presidential Determination
No.
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
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.
UNCLASSIFIED
RECORD ID: 9903865
NSC/RMO PROFILE
RECEIVED: 19 MAY 99 12
TO: ALBRIGHT, M
CHRON FILE
FROM: PRESIDENT
DOC DATE: 03 JUN 99
SOURCE REF:
KEYWORDS: VIETNAM
MFN
PD
PERSONS:
SUBJECT: DETERMINATION UNDER SUBSECTION 402 D 1 OF TRADE ACT OF 74 AS AMENDED
CONTINUATION OF WAIVER AUTHORITY FOR VIETNAM
ACTION: PRES SGD PD 99-27
DUE DATE: 25 MAY 99 STATUS: C
STAFF OFFICER: ARVIZU
LOGREF: 9903952
FILES: PA
NSCP:
CODES:
DOCUMENT DISTRIBUTION
FOR ACTION
FOR CONCURRENCE
FOR INFO
ARVIZU
NSC CHRON
COMMENTS:
DISPATCHED BY
DATE
BY HAND W/ATTCH
OPENED BY: NSDMK
CLOSED BY: NSGP
DOC 4 OF 4
UNCLASSIFIED
UNCLASSIFIED
RECORD ID: 9903865
ACTION DATA SUMMARY REPORT
DOC ACTION OFFICER
CAO ASSIGNED ACTION REQUIRED
001 ARVIZU
Z 99051912 PREPARE MEMO FOR BERGER
002 BERGER
Z 99052819 FWD TO PRESIDENT FOR SIGNATURE
002 ARVIZU
Z 99060115 FOR REDO
002 BERGER
Z 99060211 FWD TO PRESIDENT FOR SIGNATURE
002 SPERLING, G
Z 99060219 FOR SIGNATURE
003 PRESIDENT
Z 99060317 FOR SIGNATURE
004
X 99060411 PRES SGD PD 99-27
DISPATCH DATA SUMMARY REPORT
DOC DATE
DISPATCH FOR ACTION
DISPATCH FOR INFO
004 990603 ALBRIGHT, M
KENNEY, K
004 990603
CONROY, R
004 990603
BENT, R
004 990603
SAUNDERS, T
UNCLASSIFIED
NATIONAL SECURITY COUNCIL
THE WHITE HOUSE
/ 'ROOFED BY:
LOG # 3865
/ IRGENT NOT PROOFED:
SYSTEM PRS NT ARS
BYPASSED WW DESK:
DOCLOG ENKAYO
SEQUENCE TO
INITIAL/DATE
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Extension fn Jackson-Vand
EXEC SEC OFFICE HAS DISKETTE you
MUST BE SIGNED 6/3
THE WHITE HOUSE
WASHINGTON
June 3, 1999
Presidential Determination
No.
99-27
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
Pursuant to the authority vested in me under the Trade Act of
1974, as amended, Public Law 93-618, 88 Stat. 1978 (the "Act"),
I determine, pursuant to subsection 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.
William J. Chiton
3865
THE WHITE HOUSE
WASHINGTON
June 3, 1999
President sgd per WH
ACTION
Executive Clerk EMK6/3
MEMORANDUM FOR THE PRESIDENT
THROUGH:
THE EXECUTIVE CLERK
FROM:
SAMUEL BERGER
GENE SPERLING
LARRY STEIN
SUBJECT:
Extension of Jackson-Vanik Waiver Authority for
Vietnam
Purpose
Extend the Jackson-Vanik waiver for Vietnam.
Background
Under Section 402 of the Trade Act of 1974, as amended, you have
until June 3 to transmit to Congress a determination extending
the waiver of the Jackson-Vanik amendment for Vietnam. Without
this determination, the waiver will expire on July 3, ending
Vietnam's eligibility for U.S. Government credit and investment
guarantee programs and most-favored-nation (MFN) tariff
treatment, now referred to under U.S. law as normal trade
relations, or NTR. Vietnam currently does not receive NTR. A
Jackson-Vanik waiver is a prerequisite for NTR as is
Congressional approval of a bilateral trade agreement, which
remains under negotiation.
To extend the waiver, you must determine that this action will
substantially promote freedom of emigration from Vietnam. Since
your decision in June 1998 to continue the waiver, Vietnam has
continued to make substantial progress on emigration issues of
concern to us. Although we continue to press the Government of
Vietnam to be more forthcoming in some areas, in our view
continuation of the Jackson-Vanik waiver for an additional year
would contribute toward substantially promoting freedom of
emigration from Vietnam.
CC: Vice President
Chief of Staff
2
RECOMMENDATION
That you sign the message to Congress at Tab A and the
Presidential Determination at Tab B, and approve transmitting
the report to Congress at Tab C.
Attachments
Tab A Message to Congress
Tab B Presidential Determination
Tab C Report to Congress
Tab A
THE WHITE HOUSE
WASHINGTON
TO THE CONGRESS OF THE UNITED STATES:
I hereby transmit the document referred to in subsection
402 (d) (1) of the Trade Act of 1974 (the "Act"), as amended, with
respect to the continuation of a waiver of the application of
subsections (a) and (b) of section 402 of the Act to Vietnam.
This document constitutes my recommendation to continue in
effect this waiver for a further 12-month period and includes my
determination that continuation of the waiver currently in
effect for Vietnam will substantially promote the objectives of
section 402 of the Act, and my reasons for such determination.
THE WHITE HOUSE,
Tab
B
THE WHITE HOUSE
WASHINGTON
Presidential Determination
No.
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
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.
Tab C
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER
AUTHORITY FOR VIETNAM
Pursuant to subsection 402 (d) (1) of the Trade Act of 1974
(hereinafter "the Act"), as amended, having determined that
further extension of the waiver authority granted by subsection
402 (c) of the Act for 12 months will substantially promote the
objectives of section 402, I have today determined 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 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 in permitting
Vietnamese to emigrate. 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 U.S.
Government to clear for interview applicants under ODP and the
Resettlement Opportunities 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. Based on progress made on refugee processing to date,
it is our aim to complete processing of nearly all of the
current ODP caseload before the end of FY 1999. Moreover, the
GVN recently stated its commitment to take all steps necessary
to assist us in meeting this goal for all refugee programs,
including ROVR and Montagnard cases.
After a slow start, processing of eligible cases under the ROVR
program accelerated dramatically in 1998 and is now near
completion. As of June 1, 1999, the GVN had cleared for
interview 19,975 individuals, or 96 percent of the ROVR
applicants. By contrast, at this time last year, the GVN had
cleared 78 percent of applicants. Once cleared for interview by
the GVN, applicants must gather the documents necessary to
support their applications and be scheduled for interview with
ODP, which will determine their qualification for subsequent
2
interview by the Immigration and Naturalization Service (INS).
The INS has approved 15,833 for admission to the United States,
14,715 of which have departed for the United States. An
additional 463 await INS interview. The difference between the
number of individuals cleared by the GVN and the number approved
by the INS or awaiting interview is the result of determinations
made by ODP and INS. ODP has determined 8 percent of ROVR
applicants (1,668 people) not to be qualified for an INS
interview according to U.S. ROVR guidelines. INS has determined
that 11 percent (1,996 people) are not admissible to the United
States as refugees.
In contrast to May 1998, when the GVN had not yet responded on
1,353 ROVR cases representing 2,718 people, the GVN reduced the
number of cases on which no action had been taken, as of June 1,
1999, to 79 cases involving 166 individuals. Likewise, progress
has also been made on cases in which the GVN initially denied
clearance for interview. As of May 11, 1998, 776 cases were
listed as having been denied clearance. However, the GVN
authorities reported that, in a significant number of cases,
they had been unable to provide clearance to applicants because
of address problems or because the applicants had declined to
attend a clearance interview. ODP has worked to provide the GVN
with updated information on such cases in order to permit it to
reverse its denial of clearance in as many cases as possible.
As a result of this cooperation, the number of cases denied
clearance has been reduced to 422 cases, representing 628
individuals.
The greatest problem for ROVR processing at this time is the
failure of some cleared applicants to appear at the ODP office
in Ho Chi Minh City for their INS interview. This problem may
hamper our efforts to wrap up the ROVR program by the end of
FY 1999.
ODP has also given particular attention to completion of the
Former Re-education Camp Detainees program, known popularly as
the "HO" program. Under this program, eligible applicants must
have been detained for at least three years in a re-education
camp because of their association with the United States or the
former South Vietnamese government. As of May 24, 1999, there
were only 287 HO cases comprising 1,480 persons who had not been
interviewed by INS. Of these, the GVN had not cleared for
interview 244 cases involving 1,320 persons; however, it should
be noted that the individuals in many of those cases are
uncleared because they have not applied to the GVN for exit
permission. Officials at the Department of State and our
diplomatic posts in Vietnam continue to press the GVN at every
level to authorize interviews of the remaining cases for those
3
who wish to depart. The U.S. Government will not consider the
HO program to be completed until the last applicant has had the
opportunity to be interviewed by ODP or we have an acceptable
accounting for each case.
A sub-group of the HO program consists of applicants covered by
the "McCain Amendment." These 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 after April 1, 1995.
Under worldwide U.S. refugee processing criteria, only the
minor, unmarried children of a principal applicant can be
included in a case. Under the McCain Amendment, however, the
sons and daughters over the age of 21 can be included in HO
cases as long as they are single. This is retroactive to
persons interviewed after April 1, 1995, with the proviso that
sons and daughters who married after their parent was approved
are still eligible for processing if they were single at the
time of their parent's refugee interview. The provision was
expanded last year to include sons and daughters of widows of
detainees who died in a re-education camp or as a result of that
detention, and those persons who were eligible for admission as
refugees but who instead were admitted on immigrant visas.
As of May 24, 1999, there were 558 cases which remained eligible
for consideration under the McCain Amendment, although many of
these do not appear interested in pursuing applications. The
GVN cooperates with us fully in implementing the McCain
Amendment. We expect to complete processing of all interested
cases before the provision expires at the end of the fiscal
year.
Regarding GVN cooperation on the emigration of refugee cases
involving Montagnards, progress has been made since the Jackson-
Vanik waiver for Vietnam was extended in 1998. The GVN cleared
220 individuals (32 cases) for interview, of which 118 (18
cases) have been approved for resettlement in the United States
by the INS. In addition, the GVN has provided information
regarding their inability to clear for interview 265 individuals
(36 cases). The most common reasons include address problems
and failure to meet the requirement of three years in re-
education. As with all other residual refugee cases, ODP and
other USG officials will continue to press the GVN to expedite
processing.
GVN progress on freedom of emigration in 1998 and the early part
of 1999 has permitted us to near completion of various ODP
refugee admissions programs in Vietnam. U.S. Government
officials both in Washington and in Vietnam will continue to
press the Vietnamese at all levels to take all necessary steps
4
to expeditiously complete processing under these programs and
ensure that all interested applicants have the opportunity to
interview and, if qualified, depart for the United States.
Completion of ODP and ROVR programs will not mean the end of
U.S. refugee processing in Vietnam. We are designing 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.
The U.S. Government is also committed to interview those
individuals eligible for the ODP sub-program for former U.S.
Government employees who did not receive interviews because of
the 1996 suspension of the program by the United States. The
GVN has formally agreed to cooperate with us in implementing
this program.
The GVN's cooperation in permitting the timely processing of
most other current non-refugee immigrant visa cases has also
continued to be good. In 1998, 9,742 immigrant visas were
issued to Vietnamese under ODP. The Department of State expects
that over 25,000 Vietnamese will apply for immigrant visas under
the regular immigration program in FY 1999. As of April 30,
1999, 8,303 immigrant visas had been issued to Vietnamese. We
expect the number of applications to rise to 30,000 in FY 2000.
We expect that efforts by U.S. officials to impress on the GVN
the importance of Vietnam's continued cooperation on immigration
together with the extension of the Jackson-Vanik waiver will
encourage the Vietnamese to further liberalize their emigration
policy and resolve specific problems that face our refugee and
immigration programs.
Tab II
199909252
3865
United States Department of State
Washington, D.C. 20520
UNCLASSIFIED
May 18, 1999
MEMORANDUM FOR GLYN T. DAVIES
EXECUTIVE SECRETARY
NATIONAL SECURITY COUNCIL
SUBJECT: Determination to Extend Jackson-Vanik
Waiver Authority for Vietnam
According to Section 402 of the Trade Act of 1974, as
amended, the President has until June 3 to transmit a
determination to Congress necessary for the extension of
Vietnam's Jackson-Vanik waiver. Without this determination,
the waiver will expire on July 3 along with Vietnam's
eligibility for U.S. Government credit and investment
guarantee programs and most-favored-nation (MFN) tariff
treatment (now referred to under U.S. law as normal trade
relations or NTR.) Vietnam currently does not receive NTR.
A Jackson-Vanik waiver is a prerequisite for NTR as well as
Congressional approval of a bilateral trade agreement which
remains under negotiation.
The only legal requirement that must be met is for the
President to determine that a waiver extension will
substantially promote freedom of emigration from Vietnam.
Since the President's decision in June 1998 to continue the
waiver for Vietnam, that country has continued to make
substantial progress on emigration. It is, therefore, our
belief that continuation of the waiver for another year will
again substantially promote freedom of emigration from
Vietnam. A detailed justification for continuing the waiver
is attached.
Rsa m Likias for
Kristie A. Kenney
Executive Secretary
Attachments:
Tab A - President's Transmittal Message to Congress
Tab B - President's Report to Congress Concerning
Extension of Waiver Authority
Tab C - Presidential Determination -- Memorandum from
the President to the Secretary
UNCLASSIFIED
TO THE CONGRESS OF THE UNITED STATES:
I hereby transmit the document referred to in
subsection 402 (d) (1) of the Trade Act of 1974 (the "Act"),
as amended, with respect to the continuation of a waiver of
application of subsections (a) and (b) of section 402 of the
Act to Vietnam. This document constitutes my recommendation
to continue in effect this waiver for a further twelve-month
period and includes my determination that continuation of
the waiver currently in effect for Vietnam will
substantially promote the objectives of section 402 of the
Act, and my reasons for such determination.
THE WHITE HOUSE,
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER
AUTHORITY FOR VIETNAM
Pursuant to subsection 402 (d) (1) of the Trade Act of 1974
(hereinafter "the Act"), as amended, having determined that
further extension of the waiver authority granted by subsection
402 (c) of the Act for twelve months will substantially promote
the objectives of section 402, I have today determined 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 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 in permitting
Vietnamese to emigrate. 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 clear for interview applicants under ODP
and the Resettlement Opportunities 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. Based on progress made on refugee processing to date,
it is our aim to complete processing of nearly all of the
current ODP caseload before the end of FY 1999.
After a slow start, processing of eligible cases under the
Resettlement Opportunity for Vietnamese Returnees (ROVR) program
accelerated dramatically in 1998 and is now near completion. As
of May 10, the GVN had cleared for interview 95% of the ROVR-
eligible applicants -- 19,830 individuals. By contrast, at this
time last year, the GVN had cleared 78% of applicants. of those
cleared, 15,837 have been approved for admission to the United
States, and 14,325 have departed for the United States.
Areas for improvement remain. The GVN has not taken action on
84 of the cases submitted by the USG; however, only 45 of these
cases representing 92 persons were originally handed to it by
the negotiated submission deadline. But here too, substantial
progress has been made. As of May 11, 1998, the GVN had not
responded on 1353 cases representing 2,718 people. The GVN also
has not cleared for interview 454 cases, representing 675 people
or 3% of total applicants. However, GVN authorities report
that, in a significant number of cases, they have been unable to
clear the applicants for INS interview because of address
problems or because the applicants have declined to attend a
clearance interview. ODP has worked closely with the GVN to
provide updated information on uncleared cases to permit as many
as possible to be moved to the cleared rolls: as of May 11,
1998, 776 cases were listed as having been denied clearance.
ODP currently is contacting those who remain uncleared to verify
their situation.
The greatest problem for ROVR processing at this time is the
failure of some cleared applicants to appear at the ODP office
in Ho Chi Minh City for their INS interview. This problem may
hamper our efforts to wrap up the ROVR program by the end of FY
1999.
ODP has also given particular attention to completion of the
Former Re-education Camp Detainees program, known popularly as
the "HO" program. Under this program, eligible applicants must
have been detained for at least three years in a re-education
camp because of their association with the United States or the
former South Vietnamese government. As of May 6, there were
only 308 HO cases comprising 1,560 persons who have not been
interviewed by INS. Of these, the GVN has not cleared for
interview 268 cases involving 1,453 persons; however, it should
be noted that the individuals in many of those cases are
uncleared because they have not applied to the GVN for exit
permission. Officials at the State Department and our
diplomatic posts in Vietnam continue to press the GVN at every
level to authorize interviews of the remaining cases for those
who wish to depart. The United States will not consider the HO
program to be completed until the last applicant has had the
opportunity to be interviewed by ODP or we have an acceptable
accounting for each case.
A sub-group of the HO program consists of applicants covered by
the "McCain Amendment. These are persons over the age of 21 who
are the sons and daughters of former reeducation camp detainees
who were approved for admission as refugees after April 1, 1995.
Under worldwide U.S. refugee processing criteria, only the
minor, unmarried children of a principal applicant can be
included in a case. Under the McCain Amendment, however, the
sons and daughters over the age of 21 can be included in HO
cases as long as they are single. This is retroactive to
persons interviewed after April 1, 1995, with the proviso that
sons and daughters who married after their parent was approved
are still eligible for processing if they were single at the
time of their parent's refugee interview. The provision was
expanded last year to include sons and daughters of widows of
detainees who died in a re-education camp or as a result of that
detention, and those persons who were eligible for admission_as
refugees but who instead were admitted on immigrant visas.
As of May 6, there were 730 cases which remained eligible for
consideration under the McCain Amendment, although many of these
do not appear interested in pursuing applications. The GVN
cooperates with us fully in implementing the McCain Amendment.
We expect to complete processing of all interested cases before
the provision expires at the end of the fiscal year.
GVN progress on freedom of emigration in 1998 and the first half
of 1999 has permitted us to near completion of various ODP
refugee admissions programs in Vietnam. U.S. government
officials both in Washington and in Vietnam will continue to
press the Vietnamese at all levels to take all necessary steps
to expeditiously complete processing under these programs and
ensure that all interested applicants have the opportunity to
interview and, if qualified, depart for the United States.
Completion of ODP and ROVR programs will not mean the end of
U.S. refugee processing in Vietnam; we are designing 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.
The U.S. Government is also committed to interview those
individuals eligible for the ODP sub-program for former U.S.
Government employees who did not receive interviews because of
the 1996 suspension of the program by the United States. The
GVN has formally agreed to cooperate with us in implementing
this program.
The GVN's cooperation in permitting the timely processing of
most other current non-refugee immigrant visa cases has also
continued to be good. In 1998, 9,742 immigrant visas were
issued to Vietnamese under ODP. The State Department expects
that over 25,000 Vietnamese will apply for immigrant visas under
the regular immigration program in FY-1999. As of the end of
April, 8,303 immigrant visas have already been issued to
Vietnamese. We expect the number of applications to rise to
30,000 in FY-2000.
We expect that efforts by U.S. officials to impress on the GVN
the importance of Vietnam's continued cooperation on immigration
together with the extension of the Jackson-Vanik waiver will
encourage the Vietnamese to further liberalize their emigration
policy and resolve specific problems which face our refugee and
immigration programs.
Presidential Determination
No.
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
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.
3865
199909252
United States Department of State
Washington, D.C. 20520
UNCLASSIFIED
May 18, 1999
MEMORANDUM FOR GLYN T. DAVIES
EXECUTIVE SECRETARY
NATIONAL SECURITY COUNCIL
SUBJECT: Determination to Extend Jackson-Vanik
Waiver Authority for Vietnam
According to Section 402 of the Trade Act of 1974, as
amended, the President has until June 3 to transmit a
determination to Congress necessary for the extension of
Vietnam's Jackson-Vanik waiver. Without this determination,
the waiver will expire on July 3 along with Vietnam's
eligibility for U.S. Government credit and investment
guarantee programs and most-favored-nation (MFN) tariff
treatment (now referred to under U.S. law as normal trade
relations or NTR.) Vietnam currently does not receive NTR.
A Jackson-Vanik waiver is a prerequisite for NTR as well as
Congressional approval of a bilateral trade agreement which
remains under negotiation.
The only legal requirement that must be met is for the
President to determine that a waiver extension will
substantially promote freedom of emigration from Vietnam.
Since the President's decision in June 1998 to continue the
waiver for Vietnam, that country has continued to make
substantial progress on emigration. It is, therefore, our
belief that continuation of the waiver for another year will
again substantially promote freedom of emigration from
Vietnam. A detailed justification for continuing the waiver
is attached.
Rsa m Likias for
Kristie A. Kenney
Executive Secretary
Attachments:
Tab A - President's Transmittal Message to Congress
Tab B - President's Report to Congress Concerning
Extension of Waiver Authority
Tab C - Presidential Determination -- Memorandum from
the President to the Secretary
UNCLASSIFIED
3865
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20504
May 28, 1999
ACTION
MEMORANDUM FOR SAMUEL R. BERGER
GENE SPERLING
THROUGH:
D. HOLLY HAMMONDS
JACK PRITCHARD
FROM:
ALEX ARVIZU
SUBJECT:
Presidential Determination to Extend Jackson-
Vanik Waiver Authority for Vietnam
Under Section 402 of the Trade Act of 1974, as amended, the
President has until June 3 to transmit to Congress a
determination required to extend the waiver of the Jackson-Vanik
amendment for Vietnam. Without this determination, the waiver
will expire on July 3, ending Vietnam's eligibility for U.S.
Government credit and investment guarantee programs and most-
favored-nation (MFN) tariff treatment, now referred to under
U.S. law as normal trade relations, or NTR. Vietnam currently
does not receive NTR. A Jackson-Vanik waiver is a prerequisite
for NTR as is Congressional approval of a bilateral trade
agreement, which remains under negotiation.
The only legal requirement that must be met is for the President
to determine that a waiver extension will substantially promote
freedom of emigration from Vietnam. Since the President's
decision in June 1998 to continue the waiver for an additional
twelve-month period, Vietnam has continued to make substantial
progress on emigration issues of concern to us. In our view,
continuation of the waiver for an additional year will
contribute toward substantially promoting freedom of emigration
from Vietnam.
Concurrence by:
Chuck Allen, Scott Busby, Dan Shapiro
} pyin
RECOMMENDATION
That you sign the memorandum to the President at Tab I.
2
Attachments
Tab I Memorandum to the President
Tab A
Message to Congress
Tab B
Presidential Determination
Tab C
Report to Congress
Tab D II
Incoming Correspondence
3865
Presidential Determination
No.
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
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.
2
RECOMMENDATION
That you sign the message to Congress at Tab A and the
Presidential Determination at Tab B, and approve transmitting
the report to Congress at Tab C.
Attachments
Tab A Message to Congress
Tab B Presidential Determination
Tab C Report to Congress
Tab D Incoming Correspondence
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER
AUTHORITY FOR VIETNAM
Pursuant to subsection 402 (d) (1) of the Trade Act of 1974
(hereinafter "the Act"), as amended, having determined that
further extension of the waiver authority granted by subsection
402 (c) of the Act for 12 months will substantially promote the
objectives of section 402, I have today determined 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 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 in permitting
Vietnamese to emigrate. 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 U.S.
Government to clear for interview applicants under ODP and the
Resettlement Opportunities 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. Based on progress made on refugee processing to date,
it is our aim to complete processing of nearly all of the
current ODP caseload before the end of FY 1999. Moreover, the
GVN recently stated its commitment to take all steps necessary
to assist us in meeting this goal for all refugee programs,
including ROVR and Montagnard cases.
After a slow start, processing of eligible cases under the ROVR
program accelerated dramatically in 1998 and is now near
completion. As of May 24, 1999, the GVN had cleared for
interview 96 percent of the ROVR-eligible applicants -- 19,946
individuals. By contrast, at this time last year, the GVN had
cleared 78 percent of applicants. Of those cleared, 15,833 have
been approved for admission to the United States, and 14,532
have departed for the United States.
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER
AUTHORITY FOR VIETNAM
Pursuant to subsection 402 (d) (1) of the Trade Act of 1974
(hereinafter "the Act"), as amended, having determined that
further extension of the waiver authority granted by subsection
402 (c) of the Act for 12 months will substantially promote the
objectives of section 402, I have today determined 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 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 in permitting
Vietnamese to emigrate. 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 U.S.
Government to clear for interview applicants under ODP and the
Resettlement Opportunities 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. Based on progress made on refugee processing to date,
it is our aim to complete processing of nearly all of the
current ODP caseload before the end of FY 1999. Moreover, the
GVN recently stated its commitment to take all steps necessary
to assist us in meeting this goal for all refugee programs,
including ROVR and Montagnard cases.
After a slow start, processing of eligible cases under the ROVR
program accelerated dramatically in 1998 and is now near
completion. As of May 24, 1999, the GVN had cleared for
interview 96 percent of the ROVR-eligible applicants -- 19,946
individuals. By contrast, at this time last year, the GVN had
cleared 78 percent of applicants. Of those cleared, 15,833 have
been approved for admission to the United States, and 14,532
have departed for the United States.
statulass
decreased to in
what's al to
then 1999
4.000 gread but
not
2
Areas for improvement remain. The GVN has not taken action on
84 of the cases submitted by the USG; however, only 45 of these
cases representing 92 persons were originally handed to it by
me. unclear
the negotiated submission deadline. But, here too, substantial
progress has been made. As of May 11, 1998, the GVN had not
responded on 1, 353 cases representing 2,718 people. The GVN
Proyies
also had not cleared for interview 422 cases, representing 628
people, or 3 percent of total applicants. However, GVN
authorities report that, in a significant number of cases, they
have been unable to clear the applicants for Immigration and
need
Naturalization Service (INS) interview because of address
in
problems or because the applicants have declined to attend a
clearance interview. ODP has worked closely with the GVN to
lig
provide updated information on uncleared cases to permit as many
as possible to be moved to the cleared rolls: as of May 11,
1998, 776 cases were listed as having been denied clearance.
ODP currently is contacting those who remain uncleared to verify
their situation.
The greatest problem for ROVR processing at this time is the
failure of some cleared applicants to appear at the ODP office
in Ho Chi Minh City for their INS interview. This problem may
hamper our efforts to wrap up the ROVR program by the end of
FY 1999.
ODP has also given particular attention to completion of the
Former Re-education Camp Detainees program, known popularly as
the "HO" program. Under this program, eligible applicants must
have been detained for at least three years in a re-education
camp because of their association with the United States or the
former South Vietnamese government. As of May 24, 1999, there
were only 287 HO cases comprising 1, 480 persons who had not been
at
of
interviewed by INS. Of these, the GVN had not cleared for
how
interview 244 cases involving 1,320 persons; however, it should
7
be noted that the individuals in many of those cases are
uncleared because they have not applied to the GVN for exit
permission. Officials at the Department of State and our
diplomatic posts in Vietnam continue to press the GVN at every
level to authorize interviews of the remaining cases for those
who wish to depart. The U.S. Government will not consider the
HO program to be completed until the last applicant has had the
opportunity to be interviewed by ODP or we have an acceptable
accounting for each case.
A sub-group of the HO program consists of applicants covered by
the "McCain Amendment." These 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 after April 1, 1995.
Under worldwide U.S. refugee processing criteria, only the
3
minor, unmarried children of a principal applicant can be
included in a case. Under the McCain Amendment, however, the
sons and daughters over the age of 21 can be included in HO
cases as long as they are single. This is retroactive to
persons interviewed after April 1, 1995, with the proviso that
sons and daughters who married after their parent was approved
are still eligible for processing if they were single at the
time of their parent's refugee interview. The provision was
expanded last year to include sons and daughters of widows of
detainees who died in a re-education camp or as a result of that
detention, and those persons who were eligible for admission as
refugees but who instead were admitted on immigrant visas.
As of May 24, 1999, there were 558 cases which remained eligible
for consideration under the McCain Amendment, although many of
these do not appear interested in pursuing applications. The
GVN cooperates with us fully in implementing the McCain
Amendment. We expect to complete processing of all interested
cases before the provision expires at the end of the fiscal
year.
Regarding GVN cooperation on the emigration of refugee cases
involving Montagnards, progress has been made since the Jackson-
Vanik waiver for Vietnam was extended in 1998. The GVN cleared
e
220 individuals (32 cases) for interview, of which 118 (18
cases) have been approved for resettlement in the United States
new
by the INS. In addition, the GVN has provided information
mg
regarding their inability to clear for interview 265 individuals
(36 cases). The most common reasons include address problems
and failure to meet the requirement of three years in re-
education. As with all other residual refugee cases, ODP and
other USG officials will continue to press the GVN to expedite
processing.
GVN progress on freedom of emigration in 1998 and the early part
of 1999 has permitted us to near completion of various ODP
refugee admissions programs in Vietnam. U.S. Government
officials both in Washington and in Vietnam will continue to
press the Vietnamese at all levels to take all necessary steps
to expeditiously complete processing under these programs and
ensure that all interested applicants have the opportunity to
interview and, if qualified, depart for the United States.
Completion of ODP and ROVR programs will not mean the end of
U.S. refugee processing in Vietnam. We are designing a new, in-
country program to address the rescue needs of individuals who
have suffered recent persecution cr who have a well-founded fear
of future persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion.
4
The U.S. Government is also committed to interview those
individuals eligible for the ODP sub-program for former U.S.
Government employees who did not receive interviews because of
the 1996 suspension of the program by the United States. The
GVN has formally agreed to cooperate with us in implementing
this program.
The GVN's cooperation in permitting the timely processing of
most other current non-refugee immigrant visa cases has also
continued to be good. In 1998, 9,742 immigrant visas were
issued to Vietnamese under ODP. The Department of State expects
that over 25,000 Vietnamese will apply for immigrant visas under
the regular immigration program in FY 1999. As of April 30,
1999, 8,303 immigrant visas had been issued to Vietnamese. We
expect the number of applications to rise to 30,000 in FY 2000.
We expect that efforts by U.S. officials to impress on the GVN
the importance of Vietnam's continued cooperation on immigration
together with the extension of the Jackson-Vanik waiver will
encourage the Vietnamese to further liberalize their emigration
policy and resolve specific problems that face our refugee and
immigration programs.
THE WHITE HOUSE
WASHINGTON
Presidential Determination
No.
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
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.