|
TAIWAN RELATIONS ACT
Public Law 96-8 96th Congress
(Effective January 1, 1979);
Approved April 10, 1979)
An Act
To help maintain peace, security, and stability in the Western
Pacific and to promote the foreign policy of the United States
by authorizing the continuation of commercial, cultural, and
other relations between the people of the United States and the
people on Taiwan, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SHORT TITLE
SECTION 1. This Act may be cited as the "Taiwan Relations Act".
FINDINGS AND DECLARATION OF POLICY
SEC.2.(a) The President- having terminated governmental relations
between the United States and the governing authorities
on Taiwan recognized by the United States as the Republic
of China prior to January 1, 1979, the Congress finds
that the enactment of this Act is necessary--
(1) to help maintain peace, security, and stability in
the Western Pacific; and
(2) to promote the foreign policy of the United States by
authorizing the continuation of commercial, cultural,
and other relations between the people of the United
States and the people on Taiwan.
(b) It is the policy of the United States--
(1) to preserve and promote extensive, close, and friendly
commercial, cultural, and other relations between the
people of the United States and the people on Taiwan,
as well as the people on the China mainland and all
other peoples of the Western Pacific area;
(2) to declare that peace and stability in the area are in
the political, security, and economic interests of the
United States, and are matters of international concern;
(3) to make clear that the United States decision to
establish diplomatic relations with the People's
Republic of China rests upon the expectation that
the future of Taiwan will be determined by peaceful
means;
(4) to consider any effort to determine the future of
Taiwan by other than peaceful means, including by
boycotts or embargoes, a threat to the peace and
security of the Western Pacific area and of grave
concern to the United States;
(5) to provide Taiwan with arms of a defensive character;
and
(6) to maintain the capacity of the United States to resist
any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic
system, of the people on Taiwan.
(c) Nothing contained in this Act shall contravene the interest
of the United States in human rights, especially with
respect to the human rights of all the approximately
eighteen million inhabitants of Taiwan. The preservation
and enhancement of the human rights of all the people
on Taiwan are hereby reaffirmed as objectives of the United
States.
IMPLEMENTATION OF UNITED STATES POLICY WITH REGARD TO TAIWAN
SEC.3.(a) In furtherance of the policy set forth in section 2 of
this Act, the United States will make available to Taiwan
such defense articles and defense services in such
quantity as may be necessary to enable Taiwan to maintain
a sufficient self-defense capability.
(b) The President and the Congress shall determine the nature
and quantity of such defense articles and services based
solely upon their judgment of the needs of Taiwan, in
accordance with procedures established by law. Such
determination of Taiwan's defense needs shall include
review by United States military authorities in connection
with recommendations to the President and the Congress.
(c) The President is directed to inform the Congress promptly
of any threat to the security or the social or economic
system of the people on Taiwan and any danger to the
interests of the United States arising therefrom. The
President and the Congress shall determine, in accordance
with constitutional processes, appropriate action by the
United States in response to any such danger.
APPLICATION OF LAWS; INTERNATIONAL AGREEMENTS
SEC.4.(a) The absence of diplomatic relations or recognition shall
not affect the application of the laws of the United
States with respect to Taiwan, and the laws of the United
States shall apply with respect to Taiwan in the manner
that the laws of the United States applied with respect
to Taiwan prior to January 1, 1979.
(b) The application of subsection (a) of this section shall
include, but shall not be limited to, the following:
(1) Whenever the laws of the United States refer or relate
to foreign countries, nations, states, governments, or
similar entities, such terms shall include and such
laws shall apply with such respect to Taiwan.
(2) Whenever authorized by or pursuant to the laws of the
United States to conduct or carry out programs,
transactions, or other relations with respect to
foreign countries, nations, states, governments, or
similar entities, the President or any agency of the
United States Government is authorized to conduct and
carry out, in accordance with section 6 of this Act,
such programs, transactions, and other relations with
respect to Taiwan (including, but not limited to, the
performance of services for the United States through
contracts with commercial entities on Taiwan), in
accordance with the applicable laws of the United
States.
(3) (A) The absence of diplomatic relations and recognition
with respect to Taiwan shall not abrogate,
infringe, modify, deny, or otherwise affect in any
way any rights or obligations (including but not
limited to those involving contracts, debts, or
property interests of any kind) under the laws of
the United States heretofore or hereafter acquired
by or with respect to Taiwan.
(B) For all purposes under the laws of the United
States, including actions in any court in the
United States, recognition of the People's Republic
of China shall not affect in any way the ownership
of or other rights or interests in properties,
tangible and intangible, and other things of value,
owned or held on or prior to December 31, 1978, or
thereafter acquired or earned by the governing
authorities on Taiwan.
(4) Whenever the application of the laws of the United
States depends upon the law that is or was applicable
on Taiwan or compliance therewith, the law applied by
the people on Taiwan shall be considered the applicable
law for that purpose.
(5) Nothing in this Act, nor the facts of the President's
action in extending diplomatic recognition to the
People's Republic of China, the absence of diplomatic
relations between the people on Taiwan and the United
States, or the lack of recognition by the United States,
and attendant circumstances thereto, shall be construed
in any administrative or judicial proceeding as a basis
for any United States Government agency, commission,
or department to make a finding of fact or determination
of law, under the Atomic Energy Act of 1954 and the
Nuclear Non-Proliferation Act of 1978, to deny an export
license application or to revoke an existing export
license for nuclear exports to Taiwan.
(6) For purposes of the Immigration and Nationality Act,
Taiwan may be treated in the manner specified in the
first sentence of section 202(b) of that Act.
(7) The capacity of Taiwan to sue and be sued in courts in
the United States, in accordance with the laws of the
United States, shall not be abrogated, infringed,
modified, denied, or otherwise affected in any way by
the absence of diplomatic relations or recognition.
(8) No requirement, whether expressed or implied, under the
laws of the United States with respect to maintenance
of diplomatic relations or recognition shall be
applicable with respect to Taiwan.
(c) For all purposes, including actions in any court in the
United States, the Congress approves the continuation in
force of all treaties and other international agreements,
including multilateral conventions, entered into by the
United States and the governing authorities on Taiwan
recognized by the United States as the Republic of China
prior to January 1, 1979, and in force between them on
December 31, 1978, unless and until terminated in accordance
with law.
(d) Nothing in this Act may be construed as a basis for
supporting the exclusion or expulsion of Taiwan from
continued membership in any international financial
institution or any other international organization.
OVERSEAS PRIVATE INVESTMENT CORPORATION
SEC.5.(a) During the three-year period beginning on the date of
enactment of this Act, the $1,000 per capita income
restriction in insurance, clause (2) of the second
undesignated paragraph of section 231 of the reinsurance,
Foreign Assistance Act of 1961 shall not restrict the
activities of the Overseas Private Investment Corporation
in determining whether to provide any insurance, reinsurance,
loans, or guaranties with respect to investment projects on
Taiwan.
(b) Except as provided in subsection (a) of this section, in
issuing insurance, reinsurance, loans, or guaranties with
respect to investment projects on Taiwan, the Overseas
Private Insurance Corporation shall apply the same criteria
as those applicable in other parts of the world.
THE AMERICAN INSTITUTE OF TAIWAN
SEC.6.(a) Programs, transactions, and other relations conducted or
carried out by the President or any agency of the United
States Government with respect to Taiwan shall, in the
manner and to the extent directed by the President, be
conducted and carried out by or through--
(1) The American Institute in Taiwan, a nonprofit
corporation incorporated under the laws of the
District of Columbia, or
(2) such comparable successor nongovermental entity as the
President may designate, (hereafter in this Act
referred to as the "Institute").
(b) Whenever the President or any agency of the United States
Government is authorized or required by or pursuant to the
laws of the United States to enter into, perform, enforce,
or have in force an agreement or transaction relative to
Taiwan, such agreement or transaction shall be entered into,
performed, and enforced, in the manner and to the extent
directed by the President, by or through the Institute.
(c) To the extent that any law, rule, regulation, or ordinance
of the District of Columbia, or of any State or political
subdivision thereof in which the Institute is incorporated
or doing business, impedes or otherwise interferes with the
performance of the functions of the Institute pursuant to
this Act; such law, rule, regulation, or ordinance shall be
deemed to be preempted by this Act.
SERVICES BY THE INSTITUTE TO UNITED STATES CITIZENS ON TAIWAN
SEC.7.(a) The Institute may authorize any of its employees on Taiwan--
(1) to administer to or take from any person an oath,
affirmation, affidavit, or deposition, and to perform
any notarial act which any notary public is required or
authorized by law to perform within the United States;
(2) To act as provisional conservator of the personal
estates of deceased United States citizens; and
(3) to assist and protect the interests of United States
persons by performing other acts such as are authorized
to be performed outside the United States for consular
purposes by such laws of the United States as the
President may specify.
(b) Acts performed by authorized employees of the Institute
under this section shall be valid, and of like force and
effect within the United States, as if performed by any
other person authorized under the laws of the United States
to perform such acts.
TAX EXEMPT STATUS OF THE INSTITUTE
SEC.8.(a) The Institute, its property, and its income are exempt from
all taxation now or hereafter imposed by the United States
(except to the extent that section 11(a)(3) of this Act
requires the imposition of taxes imposed under chapter 21
of the Internal Revenue Code of 1954, relating to the
Federal Insurance Contributions Act) or by State or local
taxing authority of the United States.
(b) For purposes of the Internal Revenue Code of 1954, the
Institute shall be treated as an organization described in
sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A),,
2522(a), and 2522(b).
FURNISHING PROPERTY AND SERVICES TO AND OBTAINING SERVICES FROM THE
INSTITUTE
SEC.9.(a) Any agency of the United States Government is authorized to
sell, loan, or lease property (including interests therein)
to, and to perform administrative and technical support
functions and services for the operations of, the Institute
upon such terms and conditions as the President may direct.
Reimbursements to agencies under this subsection shall be
credited to the current applicable appropriation of the
agency concerned.
(b) Any agency of the United States Government is authorized to
acquire and accept services from the Institute upon such
terms and conditions as the President may direct. Whenever
the President determines it to be in furtherance of the
purposes of this Act, the procurement of services by such
agencies from the Institute may be effected without regard
to such laws of the United States normally applicable to
the acquisition of services by such agencies as the
President may specify by Executive order.
(c) Any agency of the United States Government making funds
available to the Institute in accordance with this Act
shall make arrangements with the Institute for the
Comptroller General of the United States to have access
to the; books and records of the Institute and the
opportunity to audit the operations of the Institute.
TAIWAN INSTRUMENTALITY
SEC.10.(a) Whenever the President or any agency of the United States
Government is authorized or required by or pursuant to
the laws of the United States to render or provide to or
to receive or accept from Taiwan, any performance,
communication, assurance, undertaking, or other action,
such action shall, in the manner and to the extent
directed by the President, be rendered or Provided to, or
received or accepted from, an instrumentality established
by Taiwan which the President determines has the necessary
authority under the laws applied by the people on Taiwan
to provide assurances and take other actions on behalf
of Taiwan in accordance with this Act.
(b) The President is requested to extend to the instrumentality
established by Taiwan the same number of offices and
complement of personnel as were previously operated in the
United States by the governing authorities on Taiwan
recognized as the Republic of China prior to January 1,
1979.
(c) Upon the granting by Taiwan of comparable privileges and
immunities with respect to the Institute and its
appropriate personnel, the President is authorized to
extend with respect to the Taiwan instrumentality and its
appropriate; personnel, such privileges and immunities
(subject to appropriate conditions and obligations) as may
be necessary for the effective performance of their
functions.
SEPARATION OF GOVERNMENT PERSONNEL FOR EMPLOYMENT WITH THE
INSTITUTE
SEC.11.(a) (1) Under such terms and conditions as the President may
direct, any agency of the United States Government may
separate from Government service for a specified period
any officer or employee of that agency who accepts
employment with the Institute.
(2) An officer or employee separated by an agency under
paragraph (1) of this subsection for employment with
the Institute shall be entitled upon termination of
such employment to reemployment or reinstatement with
such agency(or a successor agency) in an appropriate
position with the attendant rights, privileges, and
benefits with the officer or employee would have had
or acquired had he or she not been so separated,
subject to such time period and other conditions as
the President may prescribe.
(3) An officer or employee entitled to reemployment or
reinstatement rights under paragraph (2) of this
subsection shall, while continuously employed by the
Institute with no break in continuity of service,
continue to participate in any benefit program in
which such officer or employee was participating
prior to employment by the Institute, including
programs for compensation for job-related death,
injury, or illness; programs for health and life
insurance; programs for annual, sick, and other
statutory leave; and programs for retirement under
any system established by the laws of the United
States; except that employment with the Institute
shall be the basis for participation in such programs
only to the extent that employee deductions and
employer contributions, as required, in payment for
such participation for the period of employment with
the Institute, are currently deposited in the
program's or system's fund or depository. Death or
retirement of any such officer or employee during
approved service with the Institute and prior to
reemployment or reinstatement shall be considered a
death in or retirement from Government service for
purposes of any employee or survivor benefits acquired
by reason of service with an agency of the United
States Government.
(4) Any officer or employee of an agency of the United
States Government who entered into service with the
Institute on approved leave of absence without pay
prior to the enactment of this Act shall receive the
benefits of this section for the period of such
service.
(b) Any agency of the United States Government employing
alien personnel on Taiwan may transfer such personnel, with
accrued allowances, benefits, and rights, to the Institute
without a break in service for purposes of retirement and
other benefits, including continued participation in any
system established by the laws of the United States for
the retirement of employees in which the alien was
participating prior to the transfer to the Institute,
except that employment with the Institute shall be
creditable for retirement purposes only to the extent that
employee deductions and employer contributions.. as
required, in payment for such participation for the period
of employment with the Institute, are currently deposited
in the system' s fund or depository.
(c) Employees of the Institute shall not be employees of the
United States and, in representing the Institute, shall
be exempt from section 207 of title 18, United States
Code.
(d) (1) For purposes of sections 911 and 913 of the Internal
Revenue Code of 1954, amounts paid by the Institute to
its employees shall not be treated as earned income.
Amounts received by employees of the Institute shall
not be:included in gross income, and shall be exempt
from taxation, to the extent that they are equivalent
to amounts received by civilian officers and employees
of the Government of the United States as allowances
and benefits which are exempt from taxation under
section 912 of such Code.
(2) Except to the extent required by subsection (a)(3) of
this section, service performed in the employ of the
Institute shall not constitute employment for purposes
of chapter 21 of such Code and title II of the Social
Security Act.
REPORTING REQUIREMENT
SEC.12.(a) The Secretary of State shall transmit to the Congress the
text of any agreement to which the Institute is a party.
However, any such agreement the immediate public disclosure
of which would, in the opinion of the President, be
prejudicial to the national security of the United States
shall not be so transmitted to the Congress but shall be
transmitted to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House
of Representatives under an appropriate injunction of
secrecy to be removed only upon due notice from the
President.
(b) For purposes of subsection (a), the term "agreement"
includes-(1) any agreement entered into between the
Institute and the governing authorities on Taiwan or the
instrumentality established by Taiwan; and
(2) any agreement entered into between the Institute and
an agency of the United States Government.
(c) Agreements and transactions made or to be made by or
through the Institute shall be subject to the same
congressional notification, review, and approval
requirements and procedures as if such agreements and
transactions were made by or through the agency of the
United States Government on behalf of which the Institute
is acting.
(d) During the two-year period beginning on the effective date
of this Act, the Secretary of State shall transmit to the
Speaker of the House and Senate House of Representatives
and the Committee on Foreign Relations of Foreign Relations
the Senate, every six months, a report describing and
reviewing economic relations between the United States and
Taiwan, noting any interference with normal commercial
relations.
RULES AND REGULATIONS
SEC.13. The President is authorized to prescribe such rules and
regulations as he may deem appropriate to carry out the
purposes of this Act. During the three-year period beginning
on the effective date speaker of this Act, such rules and
regulations shall be transmitted promptly to the Speaker of
the House of Representatives and to the Committee on Foreign
Relations of the Senate. Such action shall.not, however,
relieve the Institute of the responsibilities placed upon it
by this Act.
CONGRESSIONAL OVERSIGHT
SEC.14.(a) The Committee on Foreign Affairs of the House of
Representatives, the Committee on Foreign Relations of the
Senate, and other appropriate committees of the Congress
shall monitor-
(1) the implementation of the provisions of this Act;
(2) the operation and procedures of the Institute;
(3) the legal and technical aspects of the continuing
relationship between the United States and Taiwan; and
(4) the implementation of the policies of the United States
concerning security and cooperation in East Asia.
(b) Such committees shall report, as appropriate, to their
respective Houses on the results of their monitoring.
DEFINITIONS
SEC.15. For purposes of this Act-
(1) the term "laws of the United States" includes any statute,
rule, regulation, ordinance, order, or judicial rule of
decision of the United States or any political subdivision
thereof; and
(2) the term "Taiwan" includes, as the context may require,
the islands of Taiwan and the Pescadores, the people on
those islands, corporations and other entities and
associations created or organized under the laws applied
on those islands, and the governing authorities on Taiwan
recognized by the United States as the Republic of China
prior to January 1, 1979, and any successor governing
authorities (including political subdivisions, agencies,
and instrumentalities thereof).
AUTHORIZATION OF APPROPRIATIONS
SEC.16. In addition to funds otherwise available to carry out the
provisions of this Act, there are authorized to be
appropriated to the Secretary of State for the fiscal year
1980 such funds as may be necessary to carry out such
provisions. Such funds are authorized to remain available
until expended.
SEVERABILITY OF PROVISIONS
SEC.17. If any provision of this Act or the application thereof to
any person or circumstance is held invalid, the remainder of
the Act and the application of such provision to any other
person or circumstance shall not be affected thereby.
EFFECTIVE DATE
SEC.18. This Act shall be effective as of January 1, 1979. Approved
April 10, 1979.
|