Sec. 2. Findings
1,086 words·~5 min read·
/bill/113/hr/419/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: The Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), enacted in 1979, has continued for 34 years to be the cornerstone of United States–Taiwan relations and has served as an anchor for peace and security in the Western Pacific region. The Taiwan Relations Act, in furthering the national interests of the United States in the Western Pacific region, has mandated that 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, thus allowing the people of Taiwan to preserve a peaceful, democratic, and prosperous way of life.
The future of Taiwan must be determined in a peaceful manner and with the assent of the people of Taiwan. The Taiwan Relations Act declares that— peace and stability in the Western Pacific area are in the political, security, and economic interests of the United States, and are matters of international concern; 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; the United States considers 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; the United States will maintain the capacity 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; and the preservation and enhancement of the human rights of all the people on Taiwan are reaffirmed as objectives of the United States.
In recent years United States–Taiwan relations have suffered from inattention and lack of strategic vision, thereby requiring the Congress to both clarify United States policy toward Taiwan and enhance its oversight role in the implementation of the Taiwan Relations Act. In its China Military Power Report for 2012, Taiwan’s Ministry of National Defense
(MND)estimated that more than 1,600 ballistic and cruise missiles are now being aimed at Taiwan by the Second Artillery Corps of the People’s Republic of China and other experts suggest that this number could increase to 1,800 in the near future. The anti-secession law, passed by the National People’s Congress of the People’s Republic of China, was found by House Concurrent Resolution 98, passed in the House of Representatives on March 16, 2005, by a vote of 424–4, to create a legal framework for possible use of force against Taiwan and to provide a legal justification for the use of force against Taiwan, altering the status quo in the region, and thus is of grave concern to the United States. . The legislative requirement to make available defense articles and defense services should include the provision of new F–16 C/D aircraft and upgrades of existing F–16 A/B aircraft essential to Taiwan’s security. The 2012 Department of Defense’s Annual Report to Congress on Military and Security Developments Involving the People’s Republic of China noted that preparing for contingencies in the Taiwan Strait remains the principal focus and driver of much of China’s military investment. In this context, over the past year, the [People’s Liberation Army] continued to build the capabilities and develop the doctrine it considers necessary to deter Taiwan from declaring independence; to deter, delay, and deny effective U.S. intervention in a potential cross-Strait conflict; and to defeat Taiwan forces in the event of hostilities. . The language contained in the Joint Communiqué of the United States of America and the People’s Republic of China, dated August 17, 1982, which states in part that arms sales to Taiwan will not exceed, either in qualitative or in quantitative terms, the level of those supplied in recent years shall not, to any degree, diminish the responsibility of the United States, as legislatively mandated in the Taiwan Relations Act, to 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. . The United States has sought diplomatically to preserve Taiwan’s international space, despite outside pressure and coercion, and has sought to secure Taiwan’s meaningful participation in such international organizations as the World Health Organization (WHO). Given the critical importance of airport security in a post-September 11th international environment, the United States recognizes it is crucial for Taiwan to be admitted to meaningful participation in the International Civil Aviation Organization
(ICAO)so that Taiwan may contribute to the success of a global strategy to address aviation security threats based on effective international cooperation. Recognizing that the Taiwan Relations Act stated that it is the policy of the United States 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 the Secretary of Homeland Security announced on October 2, 2012, the designation of Taiwan into the Visa Waiver Program
(VWP)with eligible Taiwan passport holders able to travel on the VWP beginning November 1, 2012. The conclusion of the Economic Cooperation Framework Agreement
(ECFA)between Taiwan and the People’s Republic of China in June 2010 or the adoption of any other cross-Strait economic measures shall not diminish in any degree the requirement contained in the Act 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. . The theory recently put forward in certain academic circles that the United States should acquiesce to China’s ascendancy in Asia and put aside the commitments made in the Taiwan Relations Act is based upon a false premise that ignores the example of a democratic Taiwan, the historic ties of friendship of the peoples of the United States and Taiwan, and the determination of the United States to remain as a Pacific power. Total United States–Taiwan trade in 2011 was $67,200,000,000 and Taiwan was the 10th largest United States trading partner and the 6th largest market for United States agricultural exports. It is in the economic interests of the United States and the national security interests of Taiwan for the peoples of the United States and Taiwan to further strengthen and revitalize their trade and investment ties, including through an expanded Trans-Pacific Partnership
(TPP)Agreement or similar mechanism.
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- Pub. L. 96-8
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources