Sections 401409. Trade Act of 1974. define the eligibility of nonmarket economies for nondiscriminatory treatment and for U.S. Government credits and credit investment as being linked to free emigration of the respective countries citizens. It seems. however. that during the last couple of years the significance of these provisions has increasingly deteriorated and the provision is no longer looked upon as a first step in the direction of an overall policy to bring about the recognition of human rights as a legal obligation by the Soviet Government. This general tendency found its escalation in the rapprochement between the United States and the Peoples Republic of China. among the economic agreements between both parties signed on March 14. 1979. in Beijing was a commercial agreement providing for the mutual granting of MFN status. And it is in the context of these agreements that discussion on granting MFN treatment to the Soviet Union has come up again. Representative CHARLES A. VANIK. one of the two sponsors of the "Freedom of Emigration" amendment to the Trade Act of 1974. is supporting. as he calls it. an "evenhanded approach." As chairman of the Subcommittee on Trade. in his opening remarks on the Hearings on the Trade Agreement with the P.R.C.. he stated that MFN status should as well be granted to the Soviet Union. And it should be granted without formal assurances because in his own words. "the deed might serve as well as the promise." But. as of today. such a policy is legally impossible. It would also turn the priorities we have had so far upside down. The priorities. as they are defined under present law. state that trade with nonmarket economies is not an end in itself but rather a means with regard to emigration policies of the respective countries. This is the existing legal framework within which we have to decide whether or not we can grant MFN treatment to the Soviet Union. There is no need for redefining these priorities. Free emigration is the threshold. the "quid pro quo" for MFN status for the Soviet Union. This precondition leaves it up to the Soviet Union and all other nonmarket economies themselves to open the door for free and unlimited. even preferential trade with this country. Given the above difined priorities. the existing system is also the least restrictive way to achieve our objectives. it allows the Presidentas he has already done in the case of Hungary and Romaniato waive the Freedom of Emigration provisions if such a waiver will: First. substantially promote the objectives of the provisions. and second. if he has received assurances that emigration policies will lead substantially to the achievement of these objectives. Thus. a waiver can be granted even if free emigration has not yet been realized. However. it does not mean that the waiver should be granted liberally once assurances are given. On the contrary. we have to be very careful with such a decision.
Keywords matched
emigration Emigration