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1994-05-02
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<text>
<title>
U.S. Presidential Report on MFN Status for China
</title>
<article>
<hdr>
Foreign Policy Bulletin, July/August 1991
Renewal of Most-Favored-Nation Trade Status for China
President's Report To Congress, May 29, 1991
</hdr>
<body>
<p>Freedom of Emigration Determination
</p>
<p> China's relatively free emigration policies have continued
during the past twelve months. In FY 1990, 16,751 U.S. immigrant
visas were issued in China. The U.S. numerical limitation for
immigrants from China was fully met. The principal restraint on
increased emigration continues to be the capacity and
willingness of other nations to absorb Chinese immigrants, not
Chinese policy. After considering all the relevant information,
I have concluded that continuing the MFN waiver will preserve
the gains already achieved on freedom of emigration and
encourage further progress.
</p>
<p>Chinese Foreign Travel Policies
</p>
<p> China continues to adhere to a relatively open foreign travel
policy. According to Chinese officials, issuance of passports
for private travel has increased more than threefold since 1986.
U.S. diplomatic posts in China issued 60,687 nonimmigrant visas
in FY 1990. In FY 1990, 33,800 visas were issued worldwide to
students and tourists from China, a 19 percent increase over FY
1989 and an 84 percent increase over FY 1988.
</p>
<p> Chinese officials report that several thousand students have
returned from overseas visits after June 1989 and have been
allowed to depart again under expedited procedures. We cannot
verify these figures, but we are not aware of any cases in which
Chinese living in the U.S. who returned to China for visits
after June 1989 were prevented from leaving again.
</p>
<p> Foreign travel officially sponsored by the Chinese
Government, mainly involving businessmen and state-sponsored
scholars, continued to decline in FY 1990. This reflects the
effects of economic austerity measures and, in the case of
scholars, concern about extended delays in their return to
China. In February 1990, China issued a new directive requiring
recent college graduates and fourth-year undergraduates to work
for five years before applying for overseas study, with some
exceptions. The directive most likely has forced some students
to defer their plans for overseas study, but its full impact is
unclear since student visa applications and issuances continue
to increase. We are aware of a small number of individuals who
have had difficulty in obtaining permission to travel abroad,
apparently because of the political activities of their
relatives in the U.S. We have discussed these cases with Chinese
authorities, who have indicated a willingness to address the
issue.
</p>
<p>Overall Human Rights Climate
</p>
<p> In addition to the emigration considerations of Section 402,
we are continuing to monitor closely the overall human rights
climate in China and press our concerns vigorously at all levels
of the Chinese Government. Beijing has taken a number of steps
on human rights issues that we have urged since June 1989. No
part of China is now subject to martial law. The vast majority
of those detained in the wake of the 1989 demonstrations have
been released. Over 1,000 prisoners were released since the
beginning of 1990. Prominent dissident Fang Lizhi and his family
were permitted to leave China in June 1990, and most relatives
of Chinese citizens in the U.S. who sought to join them have
been allowed to do so. Chinese diplomats have ceased threatening
Chinese students residing in the U.S. Authorities in Tibet have
avoided violence in quelling demonstrations since March 1989.
Foreign officials and journalists are again able to visit the
region, and even to tour the main prison in Lhasa.
</p>
<p> Beijing hosted an unprecedented visit by Assistant Secretary
[of State for Human Rights and Humanitarian Affairs Richard]
Schifter in December 1990. The Chinese have agreed to receive
additional human rights delegations from the Congress, Australia
and France later this year. The Schifter visit inaugurated a
more formal human rights dialogue than we have ever had with
China. In recent weeks, Chinese officials have begun to respond
to some of our key questions on the status of cases against the
detainees, the judicial process, religious repression and family
planning. They have also provided assurances that China's
prohibition on prison exports would be enforced, and that no
special restrictions would be placed on people wishing to join
dissident relatives abroad.
</p>
<p> I nonetheless still have serious concerns about the human
rights situation in China. According to official Chinese
figures, 813 persons have been convicted by courts in Beijing
on charges stemming from the 1989 protests, including 26 so far
this year. Most were charged with crimes against persons or
property but nearly 100 of these were tried for
"counterrevolutionary crimes" (e.g., instigation or organizing
rebellious activities) that apparently involved nothing other
than nonviolent political actions. At least scores if not more
have been convicted elsewhere in China. Since 1989, other,
probably including peaceful demonstrators, have been sent to
labor reeducation camps for up to three years after
administrative hearings. Freedom of expression, religion, the
press, and association remain tightly constrained. The Chinese
continue to jam the Mandarin language service of the Voice of
America.
</p>
<p> In Tibet, participants in ongoing pro-independence activities
continue to be subject to legal prosecution. Several hundred
persons are currently incarcerated for what appear to be only
nonviolent political activities.
</p>
<p>Impact of MFN on Other U.S. Interests
</p>
<p> The granting of MFN tariff status to China was a key element
in the normalization of our diplomatic relations and provided
a framework for a major expansion of our economic and commercial
relations. Maintaining nondiscriminatory tariff status is
fundamental for strong bilateral trade relations with China. In
1990, bilateral trade totaled $20 million, with Chinese exports
of $15.2 billion and U.S. exports of $4.8 billion. The United
States is China's largest export market, absorbing 25 percent
of China's total exports.
</p>
<p> If MFN were withdrawn, China would reciprocate by applying
its own higher non-MFN tariffs to U.S. products and possibly
erect other trade barriers as well. With U.S. companies placed
at a disadvantage, competitors from Japan and Europe would
quickly move to replace U.S. exports in our largest markets in
China--grain, aircraft and aerospace equipment, industrial
machinery, steel products, chemicals, fertilizers and computers.
U.S. joint ventures in China would pay higher duties on imported
components from the U.S., and their exports to the U.S. would
be subject to non-MFN tariffs, jeopardizing their continued
operations. Loss of MFN would lead to higher prices for U.S.
consumers of products made in China, including toys, apparel and
footwear.
</p>
<p> Maintaining MFN is essential for promoting reform in China.
The opening of China and expansion of bilateral commercial
relations made possible by MFN have contributed significantly
to improving living standards, introducing progressive ideas and
further integrating China into the world community as it
continues its drive to modernize. Withdrawing MFN would most
hurt the dynamic coastal provinces in China which have gone the
farthest in introducing market-oriented economic reforms. It
would further isolate those in China who look to the U.S. for
support in their effort to liberalize Chinese society.
</p>
<p> Withdrawing MFN would have a major impact on Hong Kong's free
enterprise economy, which depends heavily on U.S.-China trade
and the health of export industries in South China. The economic
disruption which followed MFN withdrawal would further undermine
confidence in Hong Kong's future.
</p>
<p> While U.S.-China relations still cannot return to normal
under current circumstanc