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Case Number: 2014-1060-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the Clinton Presidential
Library Staff.
Original OA/ID Number:
4092
Document ID:
0003555
Stack:
Row:
Section:
Shelf:
Position:
V
47
2
7
2
UNCLASSIFIED
RECORD ID: 0003555
NSC/RMO PROFILE
RECEIVED: 25 MAY 00 16
TO: ALBRIGHT, M
FROM: PRESIDENT
DOC DATE: 02 JUN 00
SOURCE REF: 00-21
KEYWORDS: VIETNAM
INTL TRADE
CONGRESSIONAL
PD
PERSONS:
SUBJECT: PD 00-21 RE EXTENSION OF JACKSON VANIK WAIVER AUTHORITY FOR VIETNAM
ACTION: PRESIDENT SGD PD # 00-21
DUE DATE: 31 MAY 00 STATUS: C
STAFF OFFICER: HUSO
LOGREF:
FILES: PA
NSCP:
CODES:
DOCUMENT DISTRIBUTION
FOR ACTION
FOR CONCURRENCE
FOR INFO
HUSO
LIEBERTHAL
NSC CHRON
COMMENTS:
DISPATCHED BY
DATE
BY HAND W/ATTCH
OPENED BY: NSDBG
CLOSED BY: NSDBG
DOC 4 OF 4
UNCLASSIFIED
UNCLASSIFIED
RECORD ID: 0003555
ACTION DATA SUMMARY REPORT
DOC ACTION OFFICER
CAO ASSIGNED ACTION REQUIRED
001 HUSO
Z 00052516 PREPARE MEMO FOR BERGER
002 BERGER
Z 00052615 FWD TO PRESIDENT FOR SIGNATURE
002 SCHARFEN
Z 00052618 FOR FURTHER ACTION
002 BERGER
Z 00052618 FWD TO PRESIDENT FOR SIGNATURE
002 SPERLING, G
Z 00052712 FOR SIGNATURE
002 BRAIN, C
Z 00053111 FOR SIGNATURE
003 PRESIDENT
Z 00053119 FOR SIGNATURE
004
X 00060218 PRESIDENT SGD PD # 00-21
DISPATCH DATA SUMMARY REPORT
DOC
DATE
DISPATCH FOR ACTION
DISPATCH FOR INFO
003 000531
VICE PRESIDENT
003 000531
PODESTA, J
004 000602 ALBRIGHT, M
KENNEY, K
004 000602
CONROY, R
004 000602
BENT, R
004 000602
SAUNDERS, T
UNCLASSIFIED
NATIONAL SECURITY Com
THE WHITE Hous
PROOFED BY:
LOG # 3555
URGENT NOT PROOFED:
SYSTEM PRS INT ARS
BYPASSED WW DESK:
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366
CC: Altright / kenney / courap / Bent/
COMMENTS: Saundars > Dane DG 6/2
]
EXEC SEC OFFICE HAS DISKETTE
NATIONAL SECURITY COUNCIL
THE WHITE HOUSE
PROOFED BY:
LOG #
3555
URGENT NOT PROOFED:
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CC:
COMMENTS:
J VICTNAM ACKSON - VANIK for
EXEC SEC OFFICE HAS DISKETTE yes
-
NATIONAL SECURITY COUNCIL
THE WHITE HOUSE
PROOFED BY:
LOG # 3555
URGENT NOT PROOFED: or
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A = ACTION I = INFORMATION D = DISPATCH R = RETAIN N = No FURTHER ACTION
348
CC:
COMMENTS:
Jackson. Vietnan Vanle for
EXEC SEC OFFICE HAS DISKETTE yes
LOG # 3555
ADDITIONAL COMMENTS
FM BD To RAB DATE 5/26
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I recommend you Approve farsez
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COMMENTS: Saundars > Dane DG b/2
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EXEC SEC OFFICE HAS DISKETTE yes
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EXEC SEC OFFICE HAS DISKETTE yes
LOG # 3555
ADDITIONAL COMMENTS
FM BD To RAB DATE 5/26
BoB,
I recommend you Approve for SRB
we Spokt to the Clirk's office
REGARDING the Format of He transmittal
letters
FM
To
DATE
THE WHITE HOUSE
WASHINGTON
June 2, 2000
Presidential Determination
No.
2000-21
MEMORANDUM FOR THE SECRETARY OF STATE
SUBJECT:
Determination Under Subsection 402 (d) (1) of the
Trade Act of 1974, as Amended: Continuation of
Waiver Authority for Vietnam
Pursuant to subsection 402 (d) (1) of the Trade Act of 1974,
as amended (the "Act"), 19 U.S.C. 2432 (d) (1), I determine
that the further extension of the waiver authority granted
by subsection 402 (c) of the Act will substantially promote
the objectives of section 402 of the Act. I further determine
that the 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 G. Crinton
'00 MAY 31 PM6:33
3555
THE WHITE HOUSE
WASHINGTON
May 31, 2000
ACTION
MEMORANDUM FOR THE PRESIDENT
s
THROUGH:
THE EXECUTIVE CLERK
FROM:
SAMUEL BERGER
AD
GENE SPERLING
CHARLES M. BRAIN
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 for Vietnam of the Jackson-Vanik amendment. Without
this determination, the waiver will expire on July 3, ending
Vietnam's eligibility for certain U.S. Government credit and
investment guarantee programs. While a Jackson-Vanik waiver is
also a prerequisite for NTR, Vietnam will not be eligible for
NTR until we finalize, and Congress approves, the bilateral
trade agreement we negotiated last year but which Vietnam has
not yet signed.
Since your decision last June to continue the waiver, Vietnam
has worked cooperatively with us to complete processing of the
caseload of existing refugee programs. We established a Refugee
Resettlement Unit at our Consulate General in Ho Chi Minh City
to carry out these programs and to respond to cases of recent
persecution that are of special interest to the United States.
We continue to press Vietnam on the importance of continued
cooperation on emigration, and we will not consider any refugee
programs to be closed until we have an acceptable accounting of
each case.
CC: Vice President
Chief of Staff
2
To extend the waiver, you must determine that this action will
substantially promote freedom of emigration from Vietnam. In
our view, continuation of the waiver for another 12-month period
will do so.
Your Determination will also provide for the further extension
of waiver authority granted by section 402 of the Act which will
substantially promote the objectives of section 402 of the Act.
RECOMMENDATION
That you sign the letters to Congress at Tab A and the
Presidential Determination at Tab B.
Attachments
Tab A Letters to Congress
Tab B Presidential Determination
Tab C Report to Congress
REPORT TO THE CONGRESS CONCERNING THE EXTENSION OF WAIVER
AUTHORITY FOR VIETNAM
Pursuant to subsection 402 (d) (1) of the Trade Act of 1974,
as amended ("the Act"), I hereby recommend further extension of
the waiver authority granted by subsection 402 (c) of the Act for
twelve months. I have determined that such extension will
substantially promote the objectives of section 402 of the Act,
and that continuation of the waiver currently applicable to
Vietnam will also substantially promote the objectives of
section 402 of the Act. My determination is attached and is
incorporated herein.
Freedom of Emigration Determination
Overall, Vietnam's emigration policy has liberalized
considerably in the last decade and a half. Vietnam has a solid
record of cooperation with the United States to permit
Vietnamese emigration. Over 500,000 Vietnamese have emigrated
as refugees or immigrants to the United States under the Orderly
Departure Program (ODP), and only a small number of refugee
applicants remain to be processed.
The Government of Vietnam (GVN) cooperates with the United
States Government to process applicants under ODP and the
Resettlement 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. In FY 1999, we completed processing of the majority of
ODP and ROVR cases.
On September 30, 1999, the Department of State closed the
ODP office in Bangkok, Thailand and opened the Refugee
Resettlement Section (RRS) at the United States Consulate
General in Ho Chi Minh City, Vietnam. The RRS will continue to
process the small number of remaining ODP and ROVR cases. The
anticipated completion of ODP and ROVR programs in 2000 will not
mean the end of U.S. refugee processing in Vietnam. The RRS
will remain to implement 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.
After a slow start, processing of eligible cases under the
ROVR program accelerated dramatically in 1998, continued in
1999, and is now near to completion. As of May 2000, the GVN
had cleared for interview 20,530 individuals, which represents
98 percent of ROVR applicants. Applicants cleared for interview
by the GVN must gather necessary documents to support their
applications and be scheduled for a screening interview that
determines the applicant's qualifications by the Immigration and
Naturalization Service (INS). The INS has approved 16,254 for
admission to the United States, 15,586 of whom have departed for
the United States. An additional 355 individuals await INS
interview. The majority of these are individuals who neither
the GVN nor the United States Government are able to locate or
contact; others have been contacted but have declined to attend
the clearance interview.
Completion of the Former Re-education Camp Detainees
program, known popularly as the "HO" program, remains a high
priority. To be eligible for this program, applicants must have
been 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 2000, there were
146 HO cases (comprising about 750 persons) that the GVN had not
yet cleared for interview.
A sub-group of the HO program consists of applicants
covered by the "McCain Amendment." These applicants are persons
over the age of 21 who are the sons and daughters of former re-
education camp detainees who were approved for admission as
refugees on or after April 1, 1995. At the end of Fiscal Year
1999, 275 McCain cases (comprising 1,195 individuals) remained
to be processed under the Amendment's original provisions. As a
result of 1999 modifications to the legislation, the total
caseload currently being processed for consideration for
resettlement has risen to 1,210 cases (comprising 3,292
individuals).
The GVN also continues to cooperate on refugee cases
involving Montagnards, a term commonly used to identify members
of ethnic minorities who traditionally have lived in highland
areas. Of the 99 current cases, the GVN has cleared for
interview 53 cases comprising 404 individuals. The United
States Government will continue to press the GVN to process
Montagnard refugee cases, including those the GVN has not
cleared for interview.
The United States Government is also committed to interview
those individuals eligible for the ODP sub-program for former
United States Government employees who did not receive
interviews because of the 1996 suspension of the program by the
United States. The United States Government is currently
reviewing case files that were not processed prior to the 1996
suspension. The GVN agreed to our request to resume this
program, and we anticipate that interviews will begin by end of
the year 2000.
The GVN also continued to cooperate in the timely
processing of current non-refugee immigrant visa cases. Prior
to August 1999, U.S. diplomatic and consular posts in Vietnam
did not issue immigrant visas and most categories of visitor
visas. The United States Embassy in Bangkok, Thailand, provided
these services. Currently, the U.S. Consulate General in Ho Chi
Minh City, Vietnam is issuing all categories of visas while the
United States Embassy in Hanoi issues only non-immigrant visas.
In the first half of Fiscal Year 2000, our consular sections
issued 6,823 immigrant visas and 2,259 non-immigrant visas. The
Department of State anticipates that demand in Vietnam for
immigrant and non-immigrant visas will grow.
The United States will not consider our refugee programs to
be completed until the last applicant has had the opportunity to
be interviewed, or we have an acceptable accounting of each
case. United States Government officials both in Washington and
Vietnam will continue to press the GVN at every level to
authorize interviews for all those who registered to be
interviewed for resettlement in the United States as refugees.
These efforts, together with the extension of the Jackson-
Vanik waiver, will encourage the Vietnamese to further
liberalize their emigration policy and to continue to resolve
procedural issues that affect our refugee and immigration
programs.
3555
THE WHITE HOUSE
WASHINGTON
President sgd per 6/2/00 WH/
Executive Clerk
May 31, 2000
10
ACTION
MEMORANDUM FOR THE PRESIDENT
THROUGH:
THE EXECUTIVE CLERK
FROM:
SAMUEL BERGER
GENE SPERLING
689
CHARLES M. BRAIN
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 for Vietnam of the Jackson-Vanik amendment. Without
this determination, the waiver will expire on July 3, ending
Vietnam's eligibility for certain U.S. Government credit and
investment guarantee programs. While a Jackson-Vanik waiver is
also a prerequisite for NTR, Vietnam will not be eligible for
NTR until we finalize, and Congress approves, the bilateral
trade agreement we negotiated last year but which Vietnam has
not yet signed.
Since your decision last June to continue the waiver, Vietnam
has worked cooperatively with us to complete processing of the
caseload of existing refugee programs. We established a Refugee
Resettlement Unit at our Consulate General in Ho Chi Minh City
to carry out these programs and to respond to cases of recent
persecution that are of special interest to the United States.
We continue to press Vietnam on the importance of continued
cooperation on emigration, and we will not consider any refugee
programs to be closed until we have an acceptable accounting of
each case.
CC: Vice President
Chief of Staff
2
To extend the waiver, you must determine that this action will
substantially promote freedom of emigration from Vietnam. In
our view, continuation of the waiver for another 12-month period
will do so.
Your Determination will also provide for the further extension
of waiver authority granted by section 402 of the Act which will
substantially promote the objectives of section 402 of the Act.
RECOMMENDATION
That you sign the letters to Congress at Tab A and the
Presidential Determination at Tab B.
Attachments
Tab A Letters to Congress
Tab B Presidential Determination
Tab C Report to Congress
THE WHITE HOUSE
WASHINGTON
Dear Mr. Speaker:
I hereby transmit the document referred to in subsection
402 (d) (1) of the Trade Act of 1974, as amended (the "Act"), with
respect to a further twelve-month extension of the authority to
waive subsections (a) and (b) of section 402 of the Act. This
document constitutes my recommendation to continue in effect
this waiver authority for a further twelve-month period, and
includes my reasons for determining that continuation of the
waiver authority and the waiver currently in effect for Vietnam
will substantially promote the objectives of section 402 of the
Act.
Sincerely,
The Honorable J. Dennis Hastert
Speaker of the
House of Representatives
Washington, D.C. 20515-6501
THE WHITE HOUSE
WASHINGTON
Dear Mr. President:
I hereby transmit the document referred to in subsection
402 (d) (1) of the Trade Act of 1974, as amended (the "Act"), with
respect to a further twelve-month extension of the authority to
waive subsections (a) and (b) of section 402 of the Act. This
document constitutes my recommendation to continue in effect
this waiver authority for a further twelve-month period, and
includes my reasons for determining that continuation of the
waiver authority and of the waiver currently in effect for
Vietnam will substantially promote the objectives of section 402
of the Act.
Sincerely,
The Honorable Albert A. Gore, Jr.
President of the Senate
Washington, D.C. 20510
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 subsection 402 (d) (1) of the Trade Act of 1974, as
amended (the "Act"), 19 USC 2432 (d) (1), I determine that the
further extension of the waiver authority granted by subsection
402 (c) of the Act will substantially promote the objectives of
section 402 of the Act. I further determine that the
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,
as amended ("the Act"), I hereby recommend further extension of
the waiver authority granted by subsection 402 (c) of the Act for
twelve months. I have determined that such extension will
substantially promote the objectives of section 402 of the Act,
and that continuation of the waiver currently applicable to
Vietnam will also substantially promote the objectives of
section 402 of the Act. My determination is attached and is
incorporated herein.
Freedom of Emigration Determination
Overall, Vietnam's emigration policy has liberalized
considerably in the last decade and a half. Vietnam has a solid
record of cooperation with the United States to permit
Vietnamese emigration. Over 500,000 Vietnamese have emigrated
as refugees or immigrants to the United States under the Orderly
Departure Program (ODP), and only a small number of refugee
applicants remain to be processed.
The Government of Vietnam (GVN) cooperates with the United
States Government to process applicants under ODP and the
Resettlement 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. In FY 1999, we completed processing of the majority of
ODP and ROVR cases.
On September 30, 1999, the Department of State closed the
ODP office in Bangkok, Thailand and opened the Refugee
Resettlement Section (RRS) at the United States Consulate
General in Ho Chi Minh City, Vietnam. The RRS will continue to
process the small number of remaining ODP and ROVR cases. The
anticipated completion of ODP and ROVR programs in 2000 will not
mean the end of U.S. refugee processing in Vietnam. The RRS
will remain to implement 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.
After a slow start, processing of eligible cases under the
ROVR program accelerated dramatically in 1998, continued in
1999, and is now near to completion. As of May 2000, the GVN
had cleared for interview 20,530 individuals, which represents
98 percent of ROVR applicants. Applicants cleared for interview
by the GVN must gather necessary documents to support their
applications and be scheduled for a screening interview that
determines the applicant's qualifications by the Immigration and
Naturalization Service (INS). The INS has approved 16,254 for
admission to the United States, 15,586 of whom have departed for
the United States. An additional 355 individuals await INS
interview. The majority of these are individuals who neither
the GVN nor the United States Government are able to locate or
contact; others have been contacted but have declined to attend
the clearance interview.
Completion of the Former Re-education Camp Detainees
program, known popularly as the "HO" program, remains a high
priority. To be eligible for this program, applicants must have
been 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 2000, there were
146 HO cases (comprising about 750 persons) that the GVN had not
yet cleared for interview.
A sub-group of the HO program consists of applicants
covered by the "McCain Amendment." These applicants are persons
over the age of 21 who are the sons and daughters of former re-
education camp detainees who were approved for admission as
refugees on or after April 1, 1995. At the end of Fiscal Year
1999, 275 McCain cases (comprising 1,195 individuals) remained
to be processed under the Amendment's original provisions. As a
result of 1999 modifications to the legislation, the total
caseload currently being processed for consideration for
resettlement has risen to 1,210 cases (comprising 3,292
individuals).
The GVN also continues to cooperate on refugee cases
involving Montagnards, a term commonly used to identify members
of ethnic minorities who traditionally have lived in highland
areas. of the 99 current cases, the GVN has cleared for
interview 53 cases comprising 404 individuals. The United
States Government will continue to press the GVN to process
Montagnard refugee cases, including those the GVN has not
cleared for interview.
The United States Government is also committed to interview
those individuals eligible for the ODP sub-program for former
United States Government employees who did not receive
interviews because of the 1996 suspension of the program by the
United States. The United States Government is currently
reviewing case files that were not processed prior to the 1996
suspension. The GVN agreed to our request to resume this
program, and we anticipate that interviews will begin by end of
the year 2000.
The GVN also continued to cooperate in the timely
processing of current non-refugee immigrant visa cases. Prior
to August 1999, U.S. diplomatic and consular posts in Vietnam
did not issue immigrant visas and most categories of visitor
visas. The United States Embassy in Bangkok, Thailand, provided
these services. Currently, the U.S. Consulate General in Ho Chi
Minh City, Vietnam is issuing all categories of visas while the
United States Embassy in Hanoi issues only non-immigrant visas.
In the first half of Fiscal Year 2000, our consular sections
issued 6,823 immigrant visas and 2,259 non-immigrant visas. The
Department of State anticipates that demand in Vietnam for
immigrant and non-immigrant visas will grow.
The United States will not consider our refugee programs to
be completed until the last applicant has had the opportunity to
be interviewed, or we have an acceptable accounting of each
case. United States Government officials both in Washington and
Vietnam will continue to press the GVN at every level to
authorize interviews for all those who registered to be
interviewed for resettlement in the United States as refugees.
These efforts, together with the extension of the Jackson-
Vanik waiver, will encourage the Vietnamese to further
liberalize their emigration policy and to continue to resolve
procedural issues that affect our refugee and immigration
programs.
NATIONAL SECURITY COUNCIL
3555
WASHINGTON, D.C. 20504
May 26, 2000
ACTION
"
MEMORANDUM FOR SAMUEL R. BERGER
GENE SPERLING
THROUGH:
KENNETH G. LIEBERTHAL - ON original
FROM:
RAVIC HUSO -ON original
SUBJECT:
Presidential Determination to Extend Jackson-
Vanik Waiver Authority for Vietnam
Attached at Tab 1 is a memorandum to the President concerning a
determination to extend the waiver for Vietnam of the Jackson-
Vanik amendment. The President has until June 3 to transmit to
Congress his determination or the waiver will expire on July 3,
ending Vietnam's eligibility for certain U.S. Government credit
and investment guarantee programs.
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.
all on original
Concurrence by:
Jock Scharfen, Wendy Patten, Dan Shapiro and
John Duncan (Trade Task Force)
RECOMMENDATION
That you sign the memorandum to the President at Tab I.
Attachments
Tab I Memorandum to the President
Tab A
Letters to Congress
Tab B
Presidential Determination
Tab C
Report to Congress
Tab II Incoming Correspondence
S/S-200009540 (Rev.)
3555
United States Department of State
Washington, D.C. 20520
www.state.gov
UNCLASSIFIED
May 25, 2000
MEMORANDUM FOR ROBERT A. BRADTKE
EXECUTIVE SECRETARY
NATIONAL SECURITY COUNCIL
SUBJECT: Determination to Extend Jackson-Vanik
Waiver Authority for Vietnam
According to the 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 does not currently receive NTR.
A Jackson-Vanik waiver is a prerequisite for NTR, which
would be granted by Congressional approval of a bilateral
trade agreement. In 1999 the USG and Vietnam initialed an
Agreement-in-Principle on a Bilateral Trade Agreement, but
Vietnam has not yet agreed to conclude the deal.
The only legal requirement that must be met is that the
President determine that a waiver extension will
substantially promote freedom of emigration from Vietnam.
Since the President's decision in June 1999 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.
Rox m. Likins for
Kristie A. Kenney
Executive Secretary
Attachments:
MAY 25 11:34
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
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 Opportunity for Vietnamese
Returnees (ROVR) program. The GVN issues passports and
exit permits to Vietnamese approved for admission to the
United States, and in the case of ROVR applicants,
expedites the departure clearance process. In FY 1999 we
completed processing the majority of ODP and ROVR cases.
Because of our success, we closed, on September 30, 1999,
the ODP office in Bangkok, Thailand and opened the Refugee
Resettlement Section (RRS) at the U.S. Consulate General in
Ho Chi Minh City, Vietnam to process the small number of
remaining ODP and ROVR cases and to maintain an in-country
refugee processing capability.
After a slow start, processing of eligible cases under
the ROVR program accelerated dramatically in 1998,
continued in 1999, and nears completion. As of May 2000,
the GVN had cleared for interview 20,530 individuals, 98
percent of ROVR applicants. Applicants cleared for
interview by the GVN must gather necessary documents to
support their applications and be scheduled for a screening
interview which determines the applicants' qualification
for a subsequent interview by the Immigration and
Naturalization Service (INS). The INS has approved 16,254
-2-
applicants for admission to the United States, 15,886 of
whom have departed for the United States. An additional
355 individuals await INS interview. The majority of these
individuals remain not cleared because neither the GVN nor
the USG have been able to contact the applicants or
because, once contacted, applicants have declined to attend
the clearance interview.
Completion of the Former Re-education Camp Detainee
program, known popularly as the "HO" program, remains a
high priority. 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 18, 2000, there were 146 HO cases comprising about 750
persons who have not been cleared for interview by the GVN.
Officials at the State Department and our diplomatic posts
in Vietnam continue to press the GVN at every level to
authorize interview of the remaining cases for those who
wish to be interviewed for U.S. resettlement.
The United States will not consider either the HO or
ROVR programs to be completed until the last applicant has
had the opportunity to be interviewed 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 on or after April 1, 1995. At the end of FY 1999,
275 McCain cases (1,195 people) remained to be processed
under the Amendment's original provisions. As a result of
1999 modifications to the legislation, total caseload
currently being processed for resettlement consideration
has risen to 1,210 cases (3,292 people).
The GVN continues to cooperate on the emigration of
Montagnard refugee cases. Progress has been made since the
Jackson-Vanik waiver for Vietnam was extended last year.
Currently all but 50 cases (408 people) have been cleared
by the GVN for interview. The United States will continue
to press the GVN to expedite processing of Montagnard
refugee cases, including those the GVN has not cleared for
interview.
Completion of ODP and ROVR programs will not mean the
end of U.S. refugee processing in Vietnam. We have
designed a new, in-country program to address the rescue
-3-
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 United
States is also committed to interview those individuals
eligible for the program for former U.S. Government
employees who did not receive interviews because of the
1996 suspension of this program by the United States. The
United States is currently reviewing case files that were
not processed prior to the 1996 suspension. The GVN has
agreed to our request to resume this program, and we
anticipate that interviews will commence by the end of this
calendar year.
Prior to August 1999, U.S. diplomatic and consular
posts in Vietnam did not issue immigrant visas and most
categories of temporary visitor visas. U.S. Embassy
Bangkok provided these services. Currently, Consulate
General Ho Chi Minh City is issuing all categories of
visas; U.S. Embassy Hanoi issues only non-immigrant visas.
In the first half of FY-2000, our consular sections issued
6823 immigrant visas and 2259 non-immigrant visas. The
Department anticipates that Vietnamese demand for immigrant
and non-immigrant visas to the U.S. will grow dramatically
as bilateral relations continue to improve.
The United States will continue to impress on the GVN
the importance of Vietnam's continued cooperation on
emigration from Vietnam. The extension of the Jackson-
Vanik waiver will encourage the Vietnamese to further
liberalize their emigration policy and to resolve remaining
procedural issues.
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.
NATIONAL SECURITY COUNCIL
LOG 0003555
DISTRIBUTION RECEIPT
DATE 02 JUN 00
SUBJECT: PD 00-21 RE EXTENSION OF JACKSON VANIK WAIVER AUTHORITY FOR VIETNAM
DOCUMENT CLASSIFICATION: UNCLASSIFIED
EXTERNAL DISTRIBUTION:
DATE
TIME
SIGNATURE
MS. MADELEINE ALBRIGHT
ROOM 7226
2201 C STREET, NW
PRINT LAST NAME:
WASHINGTON, DC
DEPARTMENT OF STATE
COPY: ORIGINAL + 1
DATE, TIME, SIGN THE RECEIPT AND RETURN TO: NSC RECORDS MGNT. ROOM 379 OEOB
PAGE 01 OF 01 PAGES
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
Publichan 886-618,618, 88 Stal. 1978 iruse USC 2432(d)(1)
Pursuant to subsection 402 (d) (1) Nof the Trade Act of 1974, as
amended, the "Act") YI determine that the further extension of
the waiver authority granted by subsection 402 (c) of the Act
will substantially promote the objectives of section 402 of the
Act. I further determine that the 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.
THE WHITE HOUSE
WASHINGTON
Dear Mr. Speaker:
I hereby transmit the document referred, to in subsection
402 (d) (1) of the Trade Act of 1974, as amended (the "Act"), with
respect to a further twelve-month extension of the authority to
waive subsections (a) and (b) of section 402 of the Act. This
document constitutes my recommendation to continue in effect
this waiver authority for a further twelve-month period, and
includes my reasons for determining that continuation of the
waiver authority and the waiver currently in effect for Vietnam
will substantially promote the objectives of section 402 of the
Act. -I I will submit separate reports with respect to the
People's Republic of China and Republic of Belarus.
Sincerely,
The Honorable J. Dennis Hastert
Speaker of the
House of Representatives
Washington, D.C. 20515-6501
THE WHITE HOUSE
WASHINGTON
Dear Mr. President:
I hereby transmit the document referred to in subsection
402 (d) (1) of the Trade Act of 1974, as amended (the "Act"), with
respect to a further twelve-month extension of the authority to
waive subsections (a) and (b) of section 402 of the Act. This
document constitutes my recommendation to continue in effect
this waiver authority for a further tweive-month period, and
includes my reasons for determining that continuation of the
waiver authority and of the waiver currently in effect for
Vietnam will substantially promote the objectives of section 402
of the Act. I will submit separate reports with respect to the
People's Republic of China and Republic of Belarus
Sincerely,
The Honorable Albert A. Gore, Jr.
President of the Senate
Washington, D.C. 20510
2
To extend the waiver, you must determine that this action will
substantially promote freedom of emigration from Vietnam. In
our view, continuation of the waiver for another 12 month period
will do so. # Your Determination will also provide for the
further extension of waiver authority granters by/section 402 of
the Act which will substantially promote the objectives of
section 402 of the Act.
RECOMMENDATION
That you sign the letters to Congress at Tab A and the
Presidential Determination at Tab B.
Attachments
Tab A Letters to Congress
Tab B Presidential Determination
Tab C Report to Congress
NATIONAL SECURITY COUNCIL
3555
WASHINGTON, D.C. 20504
May 26, 2000
ACTION
MEMORANDUM FOR SAMUEL R. BERGER
GENE SPERLING
THROUGH:
KENNETH G. LIEBERTHAL
FROM:
RAVIC HUSO
SUBJECT:
Presidential Determination to Extend Jackson-
Vanik Waiver Authority for Vietnam
Attached at Tab 1 is a memorandum to the President concerning a
determination to extend the waiver for Vietnam of the Jackson-
Vanik amendment. The President has until June 3 to transmit to
Congress his determination or the waiver will expire on July 3,
ending Vietnam's eligibility for certain U.S. Government credit
and investment guarantee programs.
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.
242
RA
Concurrence by:
Jock Scharfen, Wendy Patten, Dan Shapiro and
John Duncan Trade Task Force)
RECOMMENDATION
That you sign the memorandum to the President at Tab I.
Attachments
Tab I Memorandum to the President
Tab A
Message to Congress
Littersto Coyress
Tab P
Presidential Determination
Tab C
Report to Congress
Tab II Incoming Correspondence
3555
THE WHITE HOUSE
WASHINGTON
ACTION
MEMORANDUM FOR THE PRESIDENT
THROUGH:
THE EXECUTIVE CLERK
FROM:
SAMUEL BERGER
GENE SPERLING
CHARLES M. BRAIN
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 for Vietnam of the Jackson-Vanik amendment. Without
this determination, the waiver will expire on July 3, ending
Vietnam's eligibility for certain U.S. Government credit and
investment guarantee programs. While a Jackson-Vanik waiver is
also a prerequisite for NTR, Vietnam will not be eligible for
NTR until we finalize, and Congress approves, the bilateral
trade agreement we negotiated last year but which Vietnam has
not yet signed
OUR
Since your decision last June to continue the waiver, Vietnam
has worked cooperatively with us to complete processing of the
caseload of existing refugee programs. We recently established
a Refugee Resettlement Unit at out Consulate General in Ho Chi
Minh City to carry out these programs and to respond to cases of
recent persecution that are of special interest to the United
States. We continue to press Vietnam on the importance of
continued cooperation on emigration, and we will not consider
any refugee programs to be closed until we have an acceptable
accounting of each case. STTT
CC: Vice President
Chief of Staff
2
To extend the waiver, you must determine that this action will
substantially promote freedom of emigration from Vietnam. In
our view, continuation of the waiver for another 12-month period
would achieve this goal will do Sc.
RECOMMENDATION
S
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
Latters to Caryress
Tab A Message to Congress
Tab B Presidential Determination
Tab C Report to Congress
Tab II Incoming Correspondence
& YOUR section DETERMINATION 402 of will the Also ACT Provolefor father which the will forther sugstantialy of WAIVER promote Authority the granted objectiving By
section 402 ofth Act.
After a slow start, processing of eligible cases under the
ROVR program accelerated dramatically in 1998, continued in
1999, and is now near to completion. As of May 2000, the GVN
had cleared for interview 20,530 individuals, which represents
98 percent of ROVR applicants. Applicants cleared for interview
by the GVN must gather necessary documents to support their
applications and be scheduled for a screening interview that
determines the applicant's qualifications by the Immigration and
Naturalization Service (INS). The INS has/approved 16,254 for
admission to the United States, 15,586 of /whom have departed for
the United States. An additional 355 individuals await INS
interview. The majority of these are individuals who neither
the GVN nor the United States Government are able to locate or
contact; others have been contacted but have declined to attend
the clearance interview.
Completion of the Former Re-education Camp Detainees
program, known popularly as the "HO" program, remains a high
priority. To be eligible for this program, applicants must have
been 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 2000, there were
146 HO cases (comprising about 750 persons) that the GVN had not
yet cleared for interview.
A sub-group of the HO/program consists of applicants
covered by the "McCain Amendment. These applicants are persons
over the age of 21 who are the sons and daughters of former re-
education camp detainees who were approved for admission as
refugees on or after April 1, 1995. At the end of Fiscal Year
1999, 275 McCain cases (comprising 1,195 individuals) remained
to be processed under/the Amendment's original provisions. As a
result of 1999 modifications to the legislation, the total
caseload currently being processed for consideration for
resettlement has risen to 1,210 cases (comprising 3,292
individuals)
The GVN also continues to cooperate on refugee cases
involving Montagnards, a term commonly used to identify members
of ethnic minorities who traditionally have lived in highland
areas. Of the 99 current cases, the GVN has cleared for
interview 53 cases comprising 404 individuals. The United
States Government will continue to press the GVN to process
Montagnard refugee cases, including those the GVN has not
cleared for interview.
The United States Government is also committed to interview
those individuals eligible for the ODP sub-program for former
United States Government employees who did not receive
interviews because of the 1996 suspension of the program by the
United States. The United States Government is currently
reviewing case files that were not processed prior to the 1996
suspension. The GVN agreed to our request to resume this
program, and we anticipate that interviews will begin by end of
the year 2000.
The GVN also continued to cooperate in the timely
processing of current non-refugee immigrant visa cases. Prior
to August 1999, U.S. diplomatic and consular posts in Vietnam
did not issue immigrant visas and most categories of visitor
visas. The United States Embassy in Bangkok, Thailand, provided
these services. Currently, the U.S. Consulate General in Ho Chi
Minh City, Vietnam is issuing all categories of visas while the
United States Embassy in Hanoi issues only non-immigrant visas.
In the first half of Fiscal Year 2000, our consular sections
issued 6,823 immigrant visas and 2,259 mon-immigrant visas. The
Department of State anticipates that demand in Vietnam for
immigrant and non-immigrant visas will grow.
The United States will not consider our refugee programs to
be completed until the last applicant has had the opportunity to
be interviewed, or we have an acceptable accounting of each
case. United States Government officials both in Washington and
Vietnam will continue to press the GVN at every level to
authorize interviews for all those who registered to be
interviewed for resettlement in the United States as refugees.
These efforts, together with the extension of the Jackson-
Vanik waiver, will encourage the Vietnamese to further
liberalize their emigration policy and to continue to resolve
procedural issues that affect our refugee and immigration
programs.
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 United
States Government to process 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. In FY 1999, we completed processing of the majority of
ODP and ROVR cases.
On September 30, 1999, the Department of State closed the
ODP office in Bangkok, Thailand and opened the Refugee
Resettlement Section (RRS) at the United States Consulate
General in Ho Chi Minh City, Vietnam. The RRS will continue to
process the small number of remaining ODP and ROVR cases. The
anticipated completion of ODP and ROVR programs in 2000 will not
mean the end/of U.S. refugee processing in Vietnam. The RRS
will remain to implement 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.
After a slow start, processing of eligible cases under the
ROVR program accelerated dramatically in 1998, continued in
1999, and is now near to completion. As of May 2000, the GVN
had cleared for interview 20,530 individuals, which represents
98 percent of ROVR applicants. Applicants cleared for interview
by the GVN must gather necessary documents to support their
applications and be scheduled for a screening interview that
determines the applicant's qualifications by the Immigration and
Naturalization Service (INS). The INS has approved 16,254 for
admission to the United States, 15,586 of whom have departed for
the United States. An additional 355 individuals await INS
interview. The majority of these are individuals who neither
the GVN nor the U.S Government has been able to locate or
contact; others have been contacted but have declined to attend
the clearance interview
smllat
Completion of the Former Re-education Camp Detainees
program, known popularly as the "HO" program, remains a high
priority. To be eligible for this program, applicants must have
been 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 2000, there were
146 HO cases (comprising about 750 persons) that the GVN had not
yet cleared for interview.
Applicants
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 on or
after April 1, 1995. At the end of Fiscal Year 1999, 275 McCain
cases (comprising 1,195 individuals) remained to be processed
under the Amendment/s original provisions. As a result of 1999
modifications to the legislation, the total caseload currently
being processed for consideration for resettlement has risen to
1,210 cases (comprising 3,292 individuals).
The GVN also continues to cooperate on refugee cases
involving Montagnards, a term commonly used to identify members
of ethnic minorities who traditionally have lived in highland
areas. Of the 99 current cases, the GVN has cleared for
interview 53 cases comprising 404 individuals. The U.S.
Government will continue to press the GVN to process Montagnard
refugee cases, including those the GVN has not cleared for
interview.
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
spillat
U.S. Government is currently reviewing case files that were not
processed prior to the 1996 suspension. The GVN has agreed to
our request to resume this program, and we anticipate that
interviews will begin by end of the year 2000
The GVN also has continued to cooperate in the timely
processing of current non-refugee immigrant visa cases. Prior
to August 1999, U.S. diplomatic and consular posts in Vietnam
did not issue immigrant visas and most categories of visitor
visas. The U.S Embassy in Bangkok, Thailand, provided these
services. Currently, the U.S. Consulate General in Ho Chi Minh
spillat
City, Vietnam is issuing all categories of visas while the U.S
Embassy in Hanoi issues only non-immigrant visas. In the first
half of Fiscal Year 2000, our consular sections issued 6,823
immigrant visas and 2,259 non-immigrant visas. The Department
of State anticipates that demand in Vietnam for immigrant and
non-immigrant visas will grow.
The United States will not consider our refugee programs to
be completed until the last applicant has had the opportunity to
be interviewed, or we have an acceptable accounting of each
case. U.S. Government officials both in Washington and Vietnam
will continue to press the GVN at every level to authorize
interviews for all those who registered to be interviewed for
resettlement in the United States as refugees.
These efforts, together with the extension of the Jackson-
Vanik waiver, will encourage the Vietnamese to further
liberalize their emigration policy and to continue to resolve
procedural issues that affect 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 (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
(orgoos NOT
IN SESSION REquiRer
Laters to
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,
UNCLASSIFIED
RECORD ID: 0003555
NSC/RMO PROFILE
RECEIVED: 25 MAY 00 16
TO: BRADTKE
FROM: KENNEY, K
DOC DATE: 25 MAY 00
SOURCE REF: 200009540
KEYWORDS: VIETNAM
INTL TRADE
CONGRESSIONAL
PERSONS:
SUBJECT: DETERMINATION TO EXTEND JACKSON - VANIK WAIVER AUTHORITY FOR VIETNAM
ACTION: PREPARE MEMO FOR BERGER
DUE DATE: 31 MAY 00 STATUS: S
STAFF OFFICER: HUSO
LOGREF:
FILES: PA
NSCP:
CODES:
DOCUMENT DISTRIBUTION
FOR ACTION
FOR CONCURRENCE
FOR INFO
HUSO
BAKER
BRAINARD, L
DUNCAN
EXECSEC
LACKEY
FICKLIN
LIEBERTHAL
SCHWARTZ
COMMENTS:
DISPATCHED BY
DATE
BY HAND W/ATTCH
OPENED BY: NSDBG
CLOSED BY:
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