[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3301]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 48--TAIWAN RELATIONS
Sec. 3301. Congressional findings and declaration of policy
(a) Findings
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 chapter 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) Policy
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) Human rights
Nothing contained in this chapter 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.
(Pub. L. 96-8, Sec. 2, Apr. 10, 1979, 93 Stat. 14.)
Effective Date
Section 18 of Pub. L. 96-8 provided that: ``This Act [enacting this
chapter] shall be effective as of January 1, 1979.''
Short Title
Section 1 of Pub. L. 96-8 provided that: ``This Act [enacting this
chapter] may be cited as the `Taiwan Relations Act'.''
Executive Order No. 12143
Ex. Ord. No. 12143, June 22, 1979, 44 F.R. 37191, which provided for
facilitation of the maintenance of commercial, cultural, and other
relations between the peoples of the United States and Taiwan, was
superseded by Ex. Ord. No. 13014, Aug. 15, 1996, 61 F.R. 42963, set out
below.
Ex. Ord. No. 13014. Maintaining Unofficial Relations With the People on
Taiwan
Ex. Ord. No. 13014, Aug. 15, 1996, 61 F.R. 42963, provided:
In light of the recognition of the People's Republic of China by the
United States of America as the sole legal government of China, and by
the authority vested in me as President of the United States of America
by the Taiwan Relations Act (Public Law 96-8, 22 U.S.C. 3301 et seq.)
(``Act''), and section 301 of title 3, United States Code, in order to
facilitate the maintenance of commercial, cultural, and other relations
between the people of the United States and the people on Taiwan without
official representation or diplomatic relations, it is hereby ordered as
follows:
Section 1. Delegation and Reservation of Functions.
1-101. Exclusive of the functions otherwise delegated, or reserved
to the President by this order, there are delegated to the Secretary of
State (``Secretary'') all functions conferred upon the President by the
Act, including the authority under section 7(a) of the Act [22 U.S.C.
3306(a)] to specify which laws of the United States relative to the
provision of consular services may be administered by employees of the
American Institute on Taiwan (``Institute''). In carrying out these
functions, the Secretary may redelegate his authority, and shall consult
with other departments and agencies as he deems appropriate.
1-102. There are delegated to the Director of the Office of
Personnel Management the functions conferred upon the President by
paragraphs (1) and (2) of section 11(a) of the Act [22 U.S.C. 3310(a)].
These functions shall be exercised in consultation with the Secretary.
1-103. There are reserved to the President the functions conferred
upon the President by section 3 [22 U.S.C. 3302], the second sentence of
section 9(b) [22 U.S.C. 3308(b)], and the determinations specified in
section 10(a) of the Act [22 U.S.C. 3309(a)].
Sec. 2. Specification of Laws and Determinations.
2-201. Pursuant to section 9(b) of the Act [22 U.S.C. 3308(b)], and
in furtherance of the purposes of the Act, the procurement of services
may be effected by the Institute without regard to the following
provisions of law and limitations of authority as they may be amended
from time to time:
(a) Sections 1301(d) and 1341 of title 31, United States Code, and
section 3732 of the Revised Statutes (41 U.S.C. 11) to the extent
necessary to permit the indemnification of contractors against unusually
hazardous risks, as defined in Institute contracts, consistent, to the
extent practicable, with section 52.228-7 of the Federal Acquisition
Regulations;
(b) Section 3324 of title 31, United States Code;
(c) Sections 3709, 3710, and 3735 of the Revised Statutes, as
amended (41 U.S.C. 5, 8, and 13);
(d) Section 2 of title III of the Act of March 3, 1933 (41 U.S.C.
10a);
(e) Title III of the Federal Property and Administrative Services
Act of 1949, as amended (41 U.S.C. 251-260);
(f) The Contract Disputes Act of 1978, as amended (41 U.S.C. 601-
613);
(g) Chapter 137 of title 10, United
