Sec. 232. Statement of policy on maritime freedom of operations in international waterways and airspace of the Indo-Pacific and on artificial land features in the South China Sea
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Congress— condemns coercive and threatening actions or the use of force to impede freedom of operations in international airspace by military or civilian aircraft, to alter the status quo, or to destabilize the Indo-Pacific region; urges the Government of China to refrain from implementing the declared East China Sea Air Defense Identification Zone (ADIZ), or an ADIZ in the South China Sea, which is contrary to freedom of overflight in international airspace, and to refrain from taking similar provocative actions elsewhere in the Indo-Pacific region; reaffirms that the 2016 Arbitral Tribunal’s decision is final and legally binding on both parties and that the People’s Republic of China’s claims to offshore resources across most of the South China Sea are unlawful; condemns the People’s Republic of China for failing to abide by the 2016 Arbitral Tribunal’s ruling, despite Chinese obligations as a state party to the United Nations Convention on the Law of the Sea; rejects the People’s Republic of China’s unlawful maritime claim within the Philippines’ Exclusive Economic Zone
(EEZ)or on its continental shelf; rejects the People’s Republic of China’s claim to waters beyond a 12 nautical mile territorial sea derived from islands it claims in the Spratly Islands; and rejects the People’s Republic of China’s unlawful territorial or maritime claim to the James shoal. It shall be the policy of the United States to— reaffirm its commitment and support for allies and partners in the Indo-Pacific region, including longstanding United States policy regarding Article V of the United States-Philippines Mutual Defense Treaty and reaffirm its position that Article V of the United States-Japan Mutual Defense Treaty applies to the Japanese-administered Senkaku Islands; oppose claims that impinge on the rights, freedoms, and lawful use of the sea, or the airspace above it, that belong to all nations, and oppose the militarization of new and reclaimed land features in the South China Sea; urge all parties to refrain from engaging in destabilizing activities, including illegal occupation or efforts to unlawfully assert administration over disputed claims; ensure that disputes are managed without intimidation, coercion, or force; call on all claimants to clarify or adjust claims in accordance with international law; uphold the principle that territorial and maritime claims, including territorial waters or territorial seas, must be derived from land features and otherwise comport with international law; oppose the imposition of new fishing regulations covering disputed areas in the South China Sea, regulations which have raised tensions in the region; support efforts by ASEAN and the People’s Republic of China to develop an effective Code of Conduct, including the early harvest of agreed-upon elements in the Code of Conduct that can be implemented immediately; reaffirm that an existing body of international rules and guidelines, including the International Regulations for Preventing Collisions at Sea, done at London October 12, 1972 (COLREGs), is sufficient to ensure the safety of navigation between the United States Armed Forces and the forces of other countries, including the People’s Republic of China; support the development of regional institutions and bodies, including the ASEAN Regional Forum, the ASEAN Defense Minister’s Meeting Plus, the East Asia Summit, and the expanded ASEAN Maritime Forum, to build practical cooperation in the region and reinforce the role of international law; encourage the deepening of partnerships with other countries in the region for maritime domain awareness and capacity building, as well as efforts by the United States Government to explore the development of appropriate multilateral mechanisms for a common operating picture in the South China Sea that would serve to help countries avoid destabilizing behavior and deter risky and dangerous activities; oppose actions by any country to prevent any other country from exercising its sovereign rights to the resources of the exclusive economic zone
(EEZ)and continental shelf by making claims to those areas in the South China Sea that have no support in international law; and assure the continuity of operations by the United States in the Indo-Pacific region, including, when appropriate, in cooperation with partners and allies, to reaffirm the principle of freedom of operations in international waters and airspace in accordance with established principles and practices of international law.