§ 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.''