Speech #1010077786

United StatesSoviet trade would continue to be limited by the lack of demand for Soviet products. But JacksonVanik is of enormous symbolic importance. Despite the assurances about continued freedom of emigration that the Soviets reportedly have given the administration. the President still says that he will consider waiving the amendment only once Soviet emigration law is changed and the United States is able to see the faithful implementation of that law. I believe this is an overly timid approach. Now is the time to grant a temporary waiver and maximize Its utility by making a waiver extension contingent upon guaranteed freedom of emigration. I believeand the historical record demonstratesthat the actions of the Soviet Government are more meaningful than its laws. The number of Soviet citizens emigrating this year almost certainly will be three times that permitted in 1979a year once regarded as the freest period of emigration In Soviet history. Why wait? Why not give the Supreme Soviet added incentive to make legal reform a legislative priority? If the President temporarily waives JacksonVanlk. he loses nothing. He can only win. He can refuse to renew it should the Soviets restrict emigration or refuse to codify their emigration lawsand I would be among the first to urge him to do so. By failing to grant a temporary waiver now. the United States could miss an important opportunity to respond to the changes we have demanded and to maximize the utility of the JacksonVanik amendment. A temporary waiver would accomplish three things. It would conform with the intention of the JacksonVanik amendment. it would provide a carrot and a stick with which to influence the future of Soviet emigration. and it would demonstrate that the trade between the United States and the Soviet Union is limited first and foremost by the failings of the Soviet economy. As Senator Jackson noted. the waiver provision In the JacksonVanik amendment "gives the President the legal authority he needs" to make a "gesture" to the Soviets once they improve emigration policy. Presidents have waived JacksonVanik in response to improve emigration policies in Hungary and other countries. The law was written to ensure that the President could respond promptly to greater freedom of emigration. The restrictions of JacksonVanik becomes meaningless if they are not lifted when the conditions are fulfilled. Clearly. the freedom of Soviet emigration policy has increasedfar more dramatically than many anticipated. Therefore. President Bush should grant a temporary waiver now. An essential and related point is this: If we do not waive the amendment when its conditions are met. we have no leverage. no appropriate response. should emigration freedom be restricted in the future. Many believe that the United States missed an important opportunity to faithfully implement the law in 1979. when Soviet emigration topped 50.000. Then. after the Soviets invaded Afghanistan and drastically restricted emigration. the United States had no specific response to that change of emigration policy. Having never waived JacksonVanik when emigration became freer. we could not reimpose it when emigration was restricted. If we fail to use the law as intended. we deprive ourselves of a useful tool. Finally. a temporary waiver of JacksonVanik would pave the way for more normal economic relations between the United States and the Soviet Union.