TIME TO MOVE KAZAKHSTAN OFF JACKSON-VANIK LIST

UNCLAS ALMATY 000168 SIPDIS DEPARTMENT FOR E: U/S SHINER SENSITIVE E.O. 12958: N/A TAGS: KZ ETRD PREL WTO ECONOMIC SUBJECT: TIME TO MOVE KAZAKHSTAN OFF JACKSON-VANIK LIST ¶1. (SBU) Summary: Post believes the time is right to remove Kazakhstan from the Jackson-Vanik list, thus eliminating a legal obstacle to Kazakhstan's WTO accession. President Nazarbayev identified WTO accession as a top economic goal in his January 11 inauguration speech. We believe that the GOK's keen interest in this issue provides us with an ideal opportunity to demonstrate good will toward an increasingly-important strategic partner. In addition, given the Administration's public support for Ukraine and Russia's removal from the Jackson-Vanik list, our relative silence in Kazakhstan's case could be interpreted here as a sign that we undervalue our relationship with Kazakhstan. Post believes that the facts outlined in the most recent report to Congress concerning Kazakhstan's Emigration Laws support Kazakhstan's removal from the list. End Summary. WTO Accession a Clear GOK Priority -------------- ¶2. (SBU) President Nazarbayev highlighted WTO accession as a key economic goal in his January 11 inauguration speech, linking accession (as well as the more-problematic issue of OSCE chairmanship) to an over-arching goal of making Kazakhstan "a top fifty country." Nazarbayev's remarks are consistent with the GOK's demonstrated commitment to the WTO process; from our viewpoint the GOK has worked diligently to answer concerns raised during bilateral WTO negotiations. Jackson-Vanik - An Important Signal to Send -------------- ¶3. (SBU) Post believes that making Kazakhstan's WTO accession a USG priority, and finding ways to demonstrate our willingness to facilitate GOK accession to the WTO, make sense in the context of our overall strategic relationship. While Post believes we should evaluate our overall bilateral trade negotiations with Kazakhstan in a broad, strategic light, and do whatever we can to prioritize Kazakhstan's WTO accession, a good starting point - and a clear signal of our overall intentions - would be legislative action to remove Kazakhstan from the Jackson-Vanik list. ¶4. (SBU) Recent Administration statements of support for removing Russia and Ukraine from the Jackson-Vanik list only increases the importance of taking similar action on behalf of Kazakhstan. As Nazarbayev's inaugural address demonstrates, Kazakhstan has embarked on strengthening its claims to regional leadership and beyond. We feel it is important, in this context, that Kazakhstan's WTO accession process not lag appreciably behind that of Ukraine or Russia, and that we are perceived as offering equivalent support for Kazakhstan's accession as for Ukraine's and Russia's. GOK Respects Right to Emigrate -------------- ¶5. (SBU) Kazakhstan's constitution provides for the right to emigrate, and the GOK generally respects the right in practice. The only legislative restriction applies to individuals with access to state secrets; it has been invoked only once, with the decision subsequently reversed. There is no exit visa requirement for temporary travel abroad. While a permanent exit visa is required for emigrants leaving the country, such visas are rarely denied. Refusals have been limited to citizens subject to pending criminal or civil legal cases. There is no evidence that refusals have been linked to political, religious or ethnic affiliation. The Jewish population in Kazakhstan has been able to freely emigrate since independence. ASQUINO