The trade agreement is for a 3year period. subject to renewal for additional 3year periods. At the end of the initial 3year period. we will be able to review the results of the agreement to assure ourselves that it has worked satisfactorily. As the Senators in this Chamber are aware. in order for the MFN treatment provided for in the trade agreement to become effective. not only must the trade agreement be approved. but the President must either waive or certify that freedom of emigration exists in the PRC. The President exercised this waiver with respect to China on October 23. 1979. Under the Trade Act. the Presidents exercise of the waiver must be based upon his receipt of assurances that the emigration practices of the PRC will lead substantially to the achievement of the objective of freedom of emigration. The President based his waiver determination on recent public statelnents of Chinese leaders. observed trends and practices relating to emigration. and confidential diplomatic discussions with Chinese officials. The committee carefully examined the question of Chinese emigration and the waiver exercised by the President. The issues were discussed during the hearing before the International Trade Subcommittee and were the subject of the committees meeting with Deputy Secretary Warren ChrisCXXVI- 6Part 1 topher. With this review. the committee believes that the President has a sound basis in the law for the exercise of the waiver. and properly exercised it. In saying this and in recommending approval of the trade agreement. it should be borne in mind that the Senate is not being asked to approve everything that occurs in China with respect to human rights or even emigration. Rather. approval indicates that the laws requirements have been satisfied. and that the agreement is of significant benefit to the United States. It should also be noted the exercise of this waiver will be subject to specific congressional review on an annual basis. beginning this summer.
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emigration