TURKMENISTAN DENIES TRAVEL RESTRICTION BLACK LIST

C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 000715 SIPDIS SIPDIS STATE FOR SCA/CEN (RUBIN) E.O. 12958: DECL: 07/05/2016 TAGS: PGOV PHUM PREL TX SUBJECT: TURKMENISTAN DENIES TRAVEL RESTRICTION BLACK LIST EXISTS REF: A. STATE 94469 ¶B. ASHGABAT 53 Classified By: Ambassador Tracey A. Jacobson, reasons 1.4(b) and (d). ¶1. (U) The embassy received a diplomatic note from the Ministry of Foreign Affairs on July 3 at 6:15 p.m. in response to the embassy,s demarche cable diplomatic note (ref A) of June 28, on the situation regarding the list of citizens prohibited from traveling abroad. ¶2. (U) Begin unofficial diplomatic note translation: (Complimentary opening and closing omitted.) &The procedure for citizens, exit from Turkmenistan is governed by relevant regulatory legal acts. As the Embassy has been informed on numerous occasions previously, in Turkmenistan lists of citizens prohibited from exiting the country do not exist. At the same time, in accordance with the legislation of Turkmenistan, only temporary exit restrictions related to the initiation of criminal proceedings, the conviction of a crime, bringing a civil action to court, the evasion of obligations imposed by a court, conscription to mandatory military service and some other circumstances envisaged by the Law of Turkmenistan on migration can be imposed.8 End text. ¶3. (U) The diplomatic note refers to the Law of Turkmenistan on Migration issued on December 7, 2005 (ref B). &Other circumstances,8 envisaged by Article 32 of the law, which enables authorities to impose temporary exit restrictions are: -- a person has access to information, that is considered a state secret ) restriction is imposed until the expiration of the classification period, which is established by the legislation of Turkmenistan; -- applicant falsified personal information; -- by court decision, an applicant is found guilty of committing a serious second offense or is under police surveillance ) restriction is imposed until the end of a sentence term or suspension of surveillance; -- concern that a citizen of Turkmenistan during his/her stay abroad may become a victim of human trafficking or slavery; -- an applicant violated the law of the country he/she has visited previously; -- exit of an applicant contradicts interests of the national security of Turkmenistan. ¶4. (C) State Service for the Registration of Foreign Citizens Head Myrat Yslamov avoided answering the Ambassador,s question regarding a clear and open process for placing citizens on an exit list and creating a transparent system for removing a name from the list during a June 29 farewell meeting. (Note: Yslamov did not/not deny the existence of a list. End Note.) Yslamov argued that the majority of the citizens listed are not welcome in their countries of destination and the Government of Turkmenistan restricts others for their own protection; he also referenced the 2005 Law on Migration. ¶5. (C) Comment: The government,s response is certainly misleading. While it is possible no 8permanent8 black list exists, the fact that there is no procedure beyond Presidential whim for removing names from the &temporary8 list makes it de facto permanent. The government has thus far failed to answer specific questions on how names are put on the list and how they can be removed, despite repeated queries to various Ministries. That the government sent such an unresponsive note may demonstrate its belief that it is &safe8 on Jackson-Vanik, at least for this year, and can continue to prevent some citizens, particularly those with ties to accused coup plotters or opposition figures, from traveling . . . without serious international consequences. We will, of course, continue to push the broad issue as well as advocate on behalf of individuals who come to our ASHGABAT 00000715 002 OF 002 attention. End Comment. JACOBSON