KAFKAESQUE CHALLENGE TO LEGALLY WORKING ABROAD

C O N F I D E N T I A L SECTION 01 OF 02 TASHKENT 000442

SIPDIS

SIPDIS

DEPT FOR SCA/CEN, DRL, PRM, G/TIP, INL
LABOR FOR I/LAB

E.O. 12958: DECL: 03/19/2017
TAGS: ELAB PGOV SMIG SOCI ECON CVIS UZ
SUBJECT: KAFKAESQUE CHALLENGE TO LEGALLY WORKING ABROAD

REF: A. TASHKENT 226


B. 05 TASHKENT 3385

C. 05 TASHKENT 3253

TASHKENT 00000442 001.2 OF 002


Classified By: Amb. Jon R. Purnell, for reasons 1.4 (b, d).


1. (C) Summary: The Head of the Ministry of Labor's Agency
for Foreign Labor Migration Affairs, Gafurjon Usmanov, told
Poloff he would like to establish guest worker contracts for
Uzbeks in the United States. In order to work legally
abroad, all Uzbeks must obtain prior Agency authorization
through a burdensome process requiring approval by an
inter-agency government commission. The Agency's application
process seems designed to hinder rather than facilitate work
abroad, and few Uzbeks bother to even follow these
procedures. Last week the Foreign Ministry sent a diplomatic
note to all diplomatic missions reiterating that under Uzbek
law, all contracts for hiring Uzbek workers abroad must be
approved by the Agency. End summary.

AN ONEROUS PROCESS FOR LEGALLY WORKING ABROAD
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2. (C) Under Uzbek law, anyone wishing to work abroad must
have a contract approved by the Ministry of Labor's Agency
for Foreign Labor Migration Affairs. The Head of the Agency,
Gafurjon Usmanov, told Poloff that the Foreign Ministry
distributes notices twice a year reminding diplomatic
missions of the law. Post received such a letter last week.
(Note: Consular and diplomatic officials, students,
journalists, and university professors are exempt from the
requirements. End note.) Workers applying to work abroad
must complete a form notarized or legalized by an Uzbek
consul in the country where they intend to work. The
application must include information on the foreign employer,
a medical certification, and a $32 (40,000 soum) application
fee.


3. (C) According to Usmanov, an inter-agency government
commission chaired by the Ministry of Labor must vet each and
every application, and has 15 days to reach its decision.
The commission also includes the Ministry of Foreign Affairs,
Ministry of Internal Affairs, Ministry of Justice,
Prosecutor's Office, and Ministry of Health. Many experts
believe that the National Security Service must also review
the applications. According to Usmanov, the Ministries of
Internal Affairs and Justice conduct a criminal background
check of applicants; the Foreign Ministry checks foreign
employers. Once abroad, workers are required to register
with Uzbek consulates. All Uzbek citizens must also obtain
exit visas from the Ministry of Internal Affairs Department
of Entry and Exit (OVIR) in order to leave the country.
(Note: Since the May 2005 Andijon unrest it has become more
difficult to obtain an exit visa for some citizens,
particularly human rights activists, independent journalists,
students seeking to study in the United States and Europe,
and some U.S. Embassy FSNs. End note.)

"FINDING JOBS ABROAD CONTRIBUTES TO FIGHTING TIP"
-------------- --------------


4. (C) Usmanov stated that in 2006, there were only thirteen
applicants to work abroad. (Comment: This is a tiny number.
End comment.) All other Uzbek laborers abroad, such as the
millions in Russia and Kazakhstan, are doing so illegally,
with the Uzbek government generally refusing to acknowledge
that they have even left the country (ref A). Usmanov told
Poloff that finding legal jobs for Uzbeks abroad contributes
to the fight against trafficking in persons. The Agency's
only established guest worker program is with South Korea,
where Usmanov said that over 18,000 Uzbeks work in
agriculture, textiles, steel production, and construction
(refs B and C). (Comment: The ethnic Korean community in
Uzbekistan has been a key factor facilitating this labor
relationship. Seoul is eager to assist and support its less
well off brethren. Moreover, ethnic Koreans tend to adapt
more easily to Korean culture and language than ethnic
Uzbeks. End comment.) The Agency has a vested interest in
increasing the number of Uzbeks working legally abroad, since
under the law the Agency is entitled to their tax payments.

THE AGENCY'S VIEW OF THE WORLD

TASHKENT 00000442 002.2 OF 002


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5. (C) Usmanov stated that the Agency has divided the world
into four zones: East Asia, Europe, English-speaking
countries, and the former Soviet region. Usmanov stated that
while the Gulf countries could be counted as a fifth region,
they are considered less of a priority because their guest
workforce is overwhelmingly South Asian. While Usmanov
proudly listed his many meetings with foreign labor officials
and diplomats on establishing guest worker agreements, his
only success so far is with South Korea. Usmanov stated that
the Agency plans to expand its cooperation with the rest of
the world in 2007 by implementing a multi-vector strategy
targeting Japan, Malaysia, and the English-speaking world.
He specifically requested U.S. cooperation in establishing a
guest worker program for Uzbeks in the United States.
According to Usmanov, the Agency is seeking to send hotel,
restaurant, and medical workers to the Gulf region, and
teachers and engineers to Malaysia. (Note: Several Ministry
of Labor officials previously obtained visas to meet with a
U.S. organizer of temporary work programs for unskilled
laborers. In the last two years, 94 percent of these
recipients of H2B visas from Uzbekistan overstayed their
visas and did not depart the United States. End Note.)

EDUCATING THE PUBLIC
--------------


6. (C) In November 2006 the Agency established a Press and
Public Affairs Office to inform citizens of how to find jobs
abroad. Usmanov noted that his agency regularly publishes
articles explaining how to legally apply for jobs abroad. He
claimed that the "Hamroh" newspaper has a section titled
"foreign labor migration" on its first page. According to
Usmanov, the Agency also created a telephone hotline with
staff able to answer any labor-related questions. In
response to Poloff's suggestion, Usmanov stated that the
hotline would begin tracking the number of telephone calls it
receives. Usmanov added that the Agency also intends to
launch a website to inform the public of labor opportunities
abroad.


7. (C) Comment: As could be expected, no Uzbek applying for
a U.S. labor visa has presented an Uzbek work license. The
Agency's application process is inordinately burdensome, and
seems designed to hinder rather than facilitate finding legal
work abroad. Only a miniscule fraction of Uzbeks seeking
work abroad bother to apply through the Agency. It may seem
that the Agency has the unenviable task of finding jobs for
millions of unemployed Uzbeks. In reality, however, the vast
majority of those seeking work have taken matters into their
own hands by finding jobs abroad on their own. A more
cynical -- or perhaps realistic -- view holds that the Agency
exists primarily to line the pockets of Uzbek bureaucrats,
with its multiple layers of officials who may facilitate the
process for applicants in exchange for a bribe.

PURNELL