Speech #1020040005

President Bush made the decision to grant the Soviet Union a 1 year waiver of the JacksonVanik amendment to the 1974 Trade Act. This amendment linked U.S. Soviet trade to human rights by denying Communist countries mostfavorednation [MFN] trading status until they permitted substantive and sustained emigration. On December 29. 1990. President Bush notified House Speaker FOLEY that he was waiving the JacksonVanik restriction against the Soviet Union for 6 months. Until then. the United States had denied the Soviets MFN because of that countrys flagrant violations of its international commitments to respect the right of its citizens to freedom of movement. During the Gorbachev era and particularly in the last 2 years. however. we have been seeing a marked .Improvement in Soviet emigration practices. In 1989. according to statistics provided by the National Conference on Soviet Jewry. Jewish emigration was 71.217. That number more than doubled to 186.815 in 1990 and through the end of April 1991 those emigrating had reached 57.800. On May 20. 1991. the Supreme Soviet. after several lengthy delays. passed in principle a new law on exit and entry from the Soviet Union. It is a law that leaves many questions unanswered and a law that will not even be fully implemented until January 1993. Last December. Congressman STENY HOYER and I. as cochairman and chairman of the Helsinki Commission. stated we would be willing to see MFN status granted to the Soviets under certain conditions: Increased emigration. an emigration law. good faith implementation of the law. and the release of longterm refuseniks. As I mentioned. we have seen progress on all four points. but serious questions remain. For example. we have to ask why there are. 3 years after the signing of the Vienna concluding document of the conference on security and cooperation in Europe [CSCE]. more than 150 longterm refusenik families. The Vienna concluding document specifically states that the signatory states will take "the necessary steps to find solutions as expeditiously as possible. but in any case within 6 months. to all applications based on the human contacts provisions of the Helsinki final act and the Madrid concluding document. One such case is Leonid Kosharovsky. brother of former 17year refusenik Yuli Kosharovsky. Leonids wife and his two daughters were allowed to emigrate to Israel in February 1990. However. due to a second degree security classification from Leonids work more than 10 years ago. Leonid is still denied permission to emigrate. I might add that the plant where Leonid worked was opened to American arms inspectors as part of the INF Treaty verification that was signed by the United States and Soviet Union on December 8. 1907. Cases such as Leonid Kosharovskys illustrate the arbitrary and cynical nature which still influences Soviet emigration policy when it comes to state secrets. I have several concerns about the newly passed emigration law. Under the law. the Soviet Government can deny visas for up to 5 years to individuals who possess state secrets. While the law states that the limit should not exceed 5 years. it would allow a committee under the Soviet Cabinet of Ministers to extend the period of visa denial. Secrecy refuseniks attempting to appeal their visa denial could do so only once every 3 years. The law would also continue the Soviet practice of requiring persons applying to emigrate to produce an affidavit stating that they owe no outstanding financial obligations to their parents or exspouse. Thus. citizens of legal age could have their emigration request blocked by their parents. or an exspouse. A section of the new law also requires those persons subject to military service to serve their military term before being allowed to emigrate. This effectively denies a large segment of the Soviet population its right to freedom of movement. Because the pattern of implementation remains so cloudy. I am introducing a Senate concurrent resolution that highlights those aspects of Soviet emigration policy that are still a serious cause for concern. Congressman HoYER is introducing identical legislation in the House. My legislation sends a message to the Soviet Government that Soviet emigration policy will be judged according to the international commitments that government has pledged to honor. Between now and June of 1992. when a JacksonVanik waiver will again be addressed by Congress. the Soviets must demonstrate how sincere they are about implementing a truly free and just emigration policy. The legislation I am introducing today expresses the sense of the Congress that the President should consider the following objectives before providing in 1992 a waiver of the JacksonVanik trade restrictions with respect to the Soviet Union. First. all individuals who. for at least 5 years. have been refused permission to emigrate from the Soviet Union. are given permission to emigrate. Second. restrictions on freedom of movement. including those pertaining to secrecy. are not being abused or applied in an arbitrary manner. Third. a fair. impartial. and effective administrative or judicial appeals process exists for those who have been denied permission to emigrate. Fourth. the Government of the Soviet Union is ensuring that its laws. regulations. practices. and policies conform with their obligations under international obligations and commitments. including the relevant provisions of the Helsinki Final Act and all Conference on Security and Cooperation in Europe (CSCE] commitments. Mr.