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§ 3303. —  Application to Taiwan of laws and international agreements.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 22USC3303]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                      CHAPTER 48--TAIWAN RELATIONS
 
Sec. 3303. Application to Taiwan of laws and international 
        agreements
        

(a) Application of United States laws generally

    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) Application of United States laws in specific and enumerated areas

    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 
    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 3305 of this title, 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 chapter, 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 [42 U.S.C. 2011 et seq.] and the Nuclear Non-
    Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], 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 [8 
    U.S.C. 1101 et seq.], Taiwan may be treated in the manner specified 
    in the first sentence of section 202(b) of that Act [8 U.S.C. 
    1152(b)].
        (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) Treaties and other international agreements

    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) Membership in international financial institutions and other 
        international organizations

    Nothing in this chapter 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.

(Pub. L. 96-8, Sec. 4, Apr. 10, 1979, 93 Stat. 15.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in subsec. (b)(5), is act 
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 
68 Stat. 921, and amended, which is classified generally to chapter 23 
(Sec. 2011 et seq.) of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2011 of Title 42 and Tables.
    The Nuclear Non-Proliferation Act of 1978, referred to in subsec. 
(b)(5), is Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, which is 
classified principally to chapter 47 (Sec. 3201 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 3201 of this title and Tables.
    The Immigration and Nationality Act, referred to in subsec. (b)(6), 
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is 
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, 
Aliens and Nationality. For complete classification of this Act to the 
Code, see Short Title note set out under section 1101 of Title 8 and 
Tables.


     Semiannual Reports on United States Support for Membership or 
         Participation of Taiwan in International Organizations

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, 
Sec. 704], Nov. 29, 1999, 113 Stat. 1536, 1501A-460, provided that:
    ``(a) Reports Required.--Not later than 60 days after the date of 
enactment of this Act [Nov. 29, 1999], and every 6 months thereafter for 
fiscal years 2000 and 2001, the Secretary of State shall submit to 
Congress a report in a classified and unclassified manner on the status 
of efforts by the United States Government to support--
        ``(1) the membership of Taiwan in international organizations 
    that do not require statehood as a prerequisite to such membership; 
    and
        ``(2) the appropriate level of participation by Taiwan in 
    international organizations that may require statehood as a 
    prerequisite to full membership.
    ``(b) Report Elements.--Each report under subsection (a) shall--
        ``(1) set forth a comprehensive list of the international 
    organizations in which the United States Government supports the 
    membership or participation of Taiwan;
        ``(2) describe in detail the efforts of the United States 
    Government to achieve the membership or participation of Taiwan in 
    each organization listed; and
        ``(3) identify the obstacles to the membership or participation 
    of Taiwan in each organization listed, including a list of any 
    governments that do not support the membership or participation of 
    Taiwan in each such organization.''



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