19 U.S.C. § 2439 | Freedom to emigrate to join a very close relative in United States

(a)

Sanctions for emigration restrictions

January 3, 1975To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and notwithstanding any other provision of law, on or after , no nonmarket economy country shall participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—

(1)

1 So in original.

denies its citizens the right or opportunity to join permanently through emigration, a very close relative in the United State, such as a spouse, parent, child, brother, or sister;

(2)

imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); or

(3)

imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate as described in paragraph (1),

and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).

(b)

Report to Congress concerning emigration policies

January 3, 1975After , (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of its laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate to the United States to join close relatives. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter, so long as such credits or guarantees are extended or such agreement is in effect.

(c)

Exemption from application of section

January 3, 1975This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on .

(d)

Additional exemption from application of section

section 2432(c) of this titleDuring any period that a waiver is in effect with respect to any nonmarket economy country under , the provisions of subsections (a) and (b) shall not apply with respect to such country.

Pub. L. 93–618, title IV, § 409Jan. 3, 197588 Stat. 2064(, , .)

Editorial Notes

References in Text

section 3012 of this title section 1202 of this titleThe Tariff Schedules of the United States, referred to in subsec. (c), to be treated as a reference to the Harmonized Tariff Schedule, pursuant to . The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under .

Executive Documents

Delegation of Functions

July 31, 2003section 301 of Title 3For delegation of congressional reporting functions of President under subsec. (b) of this section, see section 1 of Ex. Ord. No. 13313, , 68 F.R. 46073, set out as a note under , The President.