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May 21, 1998

    96-246 F
    CRS Report for Congress

    Received through the CRS Web

    Taiwan: Texts of the Taiwan Relations Act,
    the U.S. - China Communiques,
    and the "Six Assurances"

    Updated May 21, 1998

    Kerry Dumbaugh
    Specialist in Asian Affairs
    Foreign Affairs and National Defense Division

    Congressional Research Service
    The Library of Congress

    ABSTRACT

    U.S. policy on Taiwan is governed by the Taiwan Relations Act (TRA), the 3 U.S. joint
    communiqués with China, and the so-called "Six Assurances" on Taiwan. CRS Report 96246
    provides a brief summary and the full texts of these documents.

    Taiwan: Texts of the Taiwan Relations Act
    and the U.S. - China Communiques,
    and the Six Assurances

    Summary

    U.S. policy on Taiwan is governed by the Taiwan Relations Act (TRA), the 3
    U.S. joint communiqués with China, and the so-called "Six Assurances" on Taiwan.
    This report provides the texts of these documents.

    U.S. Arms Sales to Taiwan Under the Taiwan Relations Act (TRA) of 1979.
    The U.S. position on its defense commitments to Taiwan is spelled out in Section 3
    of the Taiwan Relations Act (P.L. 96-8). That language states: 3(a) ...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; (b) The President and the Congress shall determine the nature and quantity
    of such defense articles and services...(c) The President is directed to inform the
    Congress promptly of any threat to the security or the social or economic system of
    the people on Taiwan...

    Joint U.S.-China Communiqué, Shanghai, February 27, 1972. The
    "Shanghai Communiqué" presented U.S.-China views "on a variety of issues." About
    Taiwan, China stated its firm opposition to creating "two Chinas," "one China, two
    governments," or "one China, one Taiwan," and stated that Taiwan was "China's
    internal affair in which no other country [had] the right to interfere." The United
    States "acknowledge[d]" that both China and Taiwan maintained there is but one
    China, declared it "[did] not challenge that position," and reaffirmed its interest in a
    peaceful settlement of the Taiwan question.

    Joint Communiqué on Establishing Diplomatic Relations, January 1, 1979.
    On December 15, 1978, the United States and China released this Joint Communiqué
    in which the United States recognized the PRC government as the sole legitimate
    government of all China and "acknowledge[d] the Chinese position that there is but
    one China and Taiwan is part of China."

    U.S.-China Joint Communiqué of August 17, 1982. Confronted with
    increasing Chinese objections to its arms sale policy, the United States and China
    signed a Joint Communiqué on arms sales to Taiwan in 1982. In it, the United States
    stated it had no intention of pursuing a "two-China" policy; that it appreciated China's
    pledges to strive for a peaceful solution to the Taiwan question; and that the United
    States did not plan on a long-term policy of arms sales to Taiwan. In his
    accompanying statement, President Ronald Reagan said the 1982 communiqué was
    "fully consistent with the Taiwan Relations Act."

    "Six Assurances". In 1982, the United States agreed to "six assurances"
    proposed by Taiwan to use as guidelines in conducting bilateral relations. These said
    that the United States would not change the TRA, not serve as mediator between
    Taiwan and China, not fix a date for ending arms sales to Taiwan or consult with
    China before selling arms to Taiwan, and not become involved in the issue of
    determining Taiwan's sovereignty.

    Contents

    Texts of Documents ............................................. 1

    The Taiwan Relations Act ..................................... 1

    The Joint U.S.-China Communiqué, Shanghai ..................... 11

    Joint Communiqué on the Establishment of Diplomatic
    RelationsBetween the United States of America
    and the People's Republic of China .......................... 15

    U.S.-PRC Joint Communiqué ................................. 16

    The "Six Assurances" to Taiwan ............................... 18

    Taiwan: Texts of the Taiwan Relations Act, the
    U.S. - China Communiques,
    and the "Six Assurances"

    Texts of Documents

    The Taiwan Relations Act1

    1 Taken from Legislation on Foreign Relations Through 1994, S. Print 1-4-25. Printed
    jointly by the Senate and the House of Representatives, July 1995. Volume II, page 1393.

    Public Law 96-8 [H.R. 2479], 93 Stat. 14, approved April 10, 1979; as amended by
    Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984
    and 1985; H.R. 2915], 97 Stat. 1017 at 1061, approved November 22, 1983;
    and by Public Law 104-14 [H.R. 1421], 109 Stat. 186, approved June 3, 1995

    AN ACT To help maintain peace, security, and stability in the Western Pacific
    and 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, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States
    of America in Congress assembled,

    SHORT TITLE

    Section 1 2. This Act may be cited as the "Taiwan Relations Act".

    2 See also sec. 1073 of the National Defense Authorization Act for FY1995, relating to
    visas for high-level officials of Taiwan, in Legislation on Foreign Relations Through 1994,
    vol. I-B, p. 390.

    See also sec. 221 of the Immigration and Nationality Technical Corrections Act of 1994
    (P.L. 103-416; 108 Stat. 4320), relating to visas for officials of Taiwan, in Legislation on
    Foreign Relations Through 1994, vol. II, p. 843.

    FINDINGS AND DECLARATION OF POLICY

    Sec. 2. 3 (a) 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 Act is necessary-

    3 22 U.S.C. 3301.

    (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) 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
    economical system, of the people on Taiwan.

    (c) Nothing contained in this Act 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.

    IMPLEMENTATION OF UNITED STATES POLICY WITH
    REGARD TO TAIWAN

    Sec. 3. 4 (a) In furtherance of the policy set forth in section 2 of this Act, 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.5

    4 22 U.S.C. 3302.

    5 Sec. 23 of the International Security Assistance Act of 1979 (P.L. 96-92; 93 Stat. 710)
    provided authorization for the President to transfer to Taiwan war reserve material and other
    property during calendar years 1980 and 1981. For text of sec. 23, see Legislation on
    Foreign Relations Through 1994, vol. I-A, page 504.

    (b) The President and the Congress shall determine the nature and quantity of
    such defense articles and services based solely upon their judgment of the needs of
    Taiwan, in accordance with procedures established by law. Such determination of
    Taiwan's defense needs shall include review by United States military authorities in
    connection with recommendations to the President and the Congress.

    (c) The President is directed to inform the Congress promptly of any threat to
    the security or the social or economic system of the people on Taiwan and any danger
    to the interests of the United States arising therefrom. The President and the Congress
    shall determine, in accordance with constitutional processes, appropriate action by the
    United States in response to any such danger.

    APPLICATION OF LAWS; INTERNATIONAL AGREEMENTS

    Sec. 4. 6 (a) 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 law 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.

    6 22 U.S.C. 3303.

    (b) 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 6 of this Act, 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 Act, 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 and the
    Nuclear Non-Proliferation Act of 1978, 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, Taiwan may be
    treated in the manner specified in the first sentence of section 202(b) of that
    Act.7

    7.Sec. 714 of the International Security and Development Cooperation Act of 1981 (Public Law 97113;
    95 Stat. 1548) provided the following:

    "Sec. 714. The approval referred to in the first sentence of section 202(b) of
    the Immigration and Nationality Act shall be considered to have been
    granted with respect to Taiwan (China).".

    The first sentence of such sec. 202(b) stated: "Each independent country, self-governing
    dominion, mandated territory, and territory under the international trusteeship system of the United
    Nations, other than the United States and its outlying possessions shall be treated as a separate
    foreign state for the purposes of the numerical limitation set forth in the proviso to subsection (a) of
    this section when approved by the Secretary of State.".

    On April 30, 1979, the Department of State made a final ruling whereby 22 CFR Part 42 was
    amended effective April 23, 1979, to provide that aliens in Taiwan applying for immigrant visas
    shall be required to appear personally before a designated officer of the American Institute in Taiwan
    in connection with the execution of his immigrant visa application. This ruling, which was made
    pursuant to the authority contained in section 104 of the Immigration and Nationality Act, can be
    found at 44 F.R. 28659, May 16, 1979.

    (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) 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) Nothing in this Act may be construed as a basis for supporting the exclusion
    or expulsion of Taiwan from continued membership in any international financial
    institution of any other international organization.

    OVERSEAS PRIVATE INVESTMENT CORPORATION

    Sec. 5. 8 (a) During the three-year period beginning on the date of enactment ofthis
    Act, the $1,000 per capita income restriction in clause (2) of the second
    undesignated paragraph of section 231 of the Foreign Assistance Act of 1961 shall
    not restrict the activities of the Overseas Private Investment Corporation in
    determining whether to provide any insurance, reinsurance, loans, or guaranties with
    respect to investment projects on Taiwan.

    8 22 U.S.C. 3304.

    (b) Except as provided in subsection (a) of this section, in issuing insurance,
    reinsurance, loans, or guaranties with respect to investment projects on Taiwan, the
    Overseas Private Insurance Corporation shall apply the same criteria as those
    applicable in other parts of the world.

    THE AMERICAN INSTITUTE OF TAIWAN

    Sec. 6. 9 (a) Programs, transactions, and other relations conducted or carried outby the
    President or any agency of the United States Government with respect to
    Taiwan shall, in the manner and to the extent directed by the President, be conducted
    and carried out by or through-

    9 22 U.S.C. 3305.

    (1) The American Institute in Taiwan, a nonprofit corporation incorporated
    under the laws of the District of Columbia, or

    (2) such comparable successor nongovernmental entity as the President may
    designate, (hereafter in this Act referred to as the "Institute").

    (b) Whenever the President or any agency of the United States Government is
    authorized or required by or pursuant to the laws of the United States to enter into,
    perform, enforce, or have in force an agreement or transaction relative to Taiwan,
    such agreement or transaction shall be entered into, performed, and enforced, in the
    manner and to the extent directed by the President, by or through the Institute.
    (c) To the extent that any law, rule, regulation, or ordinance of the District of
    Columbia, or of any State or political subdivision thereof in which the Institute is
    incorporated or doing business, impedes or otherwise interferes with the performance
    of the functions of the Institute pursuant to this Act, such law, rule, regulation, or
    ordinance shall be deemed to be preempted by this Act.

    SERVICES BY THE INSTITUTE TO UNITED STATES CITIZENS
    ON TAIWAN

    Sec. 7. 10 (a) The Institute may authorize any of its employees on Taiwan-

    10 22 U.S.C. 3306.

    (1) to administer to or take from any person on oath, affirmation, affidavit,
    or deposition, and to perform any notarial act which any notary public is required
    or authorized by law to perform within the United States;

    (2) to act as provisional conservator of the personal estates of deceased
    United States citizens; and

    (3) to assist and protect the interests of United States persons by
    performing other acts such as are authorized to be performed outside the United
    States for consular purposes by such laws of the United States as the President
    may specify.

    (b) Acts performed by authorized employees of the Institute under this section
    shall be valid, and of like force and effect within the United States, as if performed by
    any other person authorized under the laws of the United States to perform such acts.

    TAX EXEMPT STATUS OF THE INSTITUTE

    Sec. 8. 11 (a) The Institute, its property, and its income are exempt from all
    taxation now or hereafter imposed by the United States (except to the extent that
    section 11(a)(3) of this Act requires the imposition of taxes imposed under chapter
    21 of the Internal Revenue Code of 1986, 12 relating to the Federal Insurance
    Contributions Act) or by any State or local taxing authority of the United States.

    11 22 U.S.C. 3307.

    12 Sec. 2 of the Tax Reform Act of 1986 (P.L. 99-514; 100 Stat. 2095) struck out "Internal
    Revenue Code of 1954" and inserted in lieu thereof "Internal Revenue Code of 1986,"
    wherever it is cited in law.

    (b) For purposes of the Internal Revenue Code of 1986,13 the Institute shall be
    treated as an organization described in sections 170(b)(1)(A), 170(c), 2055(a),
    2106(a)(2)(A), 2522(a), and 2522(b).

    13 See note 12.

    FURNISHING PROPERTY AND SERVICES TO AND OBTAINING
    SERVICES FROM THE INSTITUTE

    Sec. 9. 14

    14 22 U.S.C. 3308.

    (a) Any agency of the United States Government is authorized to sell,
    loan, or lease property (including interests therein) to, and to perform administrative
    and technical support functions and services for the operations of, the Institute upon
    such terms and conditions as the President may direct. Reimbursements to agencies
    under this subsection shall be credited to the current applicable appropriation of the
    agency concerned.

    (b) Any agency of the United States Government is authorized to acquire and
    accept services from the Institute upon such terms and conditions as the President
    may direct. Whenever the President determines it to be in furtherance of the purposes
    of this Act, the procurement of services by such agencies from the Institute may be
    effected without regard to such laws of the United States normally applicable to the
    acquisition of services by such agencies as the President may specify by Executive
    order.

    (c) Any agency of the United States Government making funds available to the
    Institute in accordance with this Act shall make arrangements with the Institute for
    the Comptroller General of the United States to have access to the books and records
    of the Institute and the opportunity to audit the operations of the Institute.

    TAIWAN INSTRUMENTALITY

    Sec. 10. 15

    15 22 U.S.C. 3309.

    (a) Whenever the President or any agency of the United States
    Government is authorized or required by or pursuant to the laws of the United States
    to render or provide to or to receive or accept from Taiwan, any performance,
    communication, assurance, undertaking, or other action, such action shall, in the
    manner and to the extent directed by the President, be rendered or provided to, or
    received or accepted from, an instrumentality established by Taiwan which the
    President determines has the necessary authority under the laws applied by the people
    on Taiwan to provide assurances and take other actions on behalf of Taiwan in
    accordance with this Act.

    (b) The President is requested to extend to the instrumentality established by
    Taiwan the same number of offices and complement of personnel as were previously
    operated in the United States by the governing authorities on Taiwan recognized as
    the Republic of China prior to January 1, 1979.

    (c) Upon the granting by Taiwan of comparable privileges and immunities with
    respect to the Institute and its appropriate personnel, the President is authorized to
    extend with respect to the Taiwan instrumentality and its appropriate personnel, such
    privileges and immunities (subject to appropriate conditions and obligations) as may
    be necessary for the effective performance of their functions.

    SEPARATION OF GOVERNMENT PERSONNEL FOR EMPLOYMENT
    WITH THE INSTITUTE

    Sec. 11. 16 (a)(1) Under such terms and conditions as the President may direct,
    any agency of the United States Government may separate from Government service
    for a specified period any officer or employee of that agency who accepts employment
    with the Institute.

    16 22 U.S.C. 3310.

    (2) An officer or employee separated by an agency under paragraph (1) of this
    subsection for employment with the Institute shall be entitled upon termination of
    such employment to reemployment or reinstatement with such agency (or a successor
    agency) in an appropriate position with the attendant rights, privileges, and benefits
    which the officer or employee would have had or acquired had he or she not been so
    separated, subject to such time period and other conditions as the President may
    prescribe.

    (3) An officer or employee entitled to reemployment or reinstatement rights
    under paragraph (2) of this subsection shall, while continuously employed by the
    Institute with no break in continuity of service, continue to participate in any benefit
    program in which such officer or employee was participating prior to employment by
    the Institute, including programs for compensation for job-related deaths, injury, or
    illness; programs for health and life insurance; programs for annual, sick, and other
    statutory leave; and programs for retirement under any system established by the laws
    of the United States; except that employment with the Institute shall be the basis for
    participation in such programs only to the extent that employee deductions and
    employer contributions, as required in payment for such participation for the period
    of employment with the Institute, are currently deposited in the program's or system's
    fund or depository. Death or retirement of any such officer or employee during
    approved service with the Institute and prior to reemployment or reinstatement shall
    be considered a death in or retirement from Government service for purposes of any
    employee or survivor benefits acquired by reason of service with any agency of the
    United States Government.

    (4) Any officer or employee of an agency of the United States Government who
    entered into service with the Institute on approved leave of absence without pay prior
    to the enactment of this Act shall receive the benefits of this section for the period of
    such service.

    (b) Any agency of the United States Government employing alien personnel on
    Taiwan may transfer such personnel, with accrued allowances, benefits, and rights,
    to the Institute without a break in service for purposes of retirement and other
    benefits, including continued participation in any system established by the laws of the
    United States for the retirement of employees in which the alien was participating
    prior to the transfer to the Institute, except that employment with the Institute shall
    be creditable for retirement purposes only to the extent that employee deductions and
    employer contributions, as required, in payment for such participation for the period
    of employment with the Institute, are currently deposited in the system's fund or
    depository.

    (c) Employees of the Institute shall not be employees of the United States and,
    in representing the Institute, shall be exempt from section 207 of title 18, United
    States Code.

    (1) For purposes of sections 911 and 913 of the Internal Revenue Code of
    1986,17 amounts paid by the Institute to its employees shall not be treated as earned
    income. Amounts received by employees of the Institute shall not be included in gross
    income, and shall be exempt from taxation, to the extent that they are equivalent to
    amounts received by civilian officers and employees of the Government of the United
    States as allowances and benefits which are exempt from taxation under section 912
    of such Code.

    17 See note 12.

    (2) Except to the extent required by subsection (a)(3) of this section, service
    performed in the employ of the Institute shall not constitute employment for purposes
    of chapter 21 of such Code and title II of the Social Security Act.

    REPORTING REQUIREMENT

    Sec. 12. 18

    18 22 U.S.C. 3311.

    (a) The Secretary of State shall transmit to the Congress the text of
    any agreement to which the Institute is a party. However, any such agreement the
    immediate public disclosure of which would, in the opinion of the President, be
    prejudicial to the national security of the United States shall not be so transmitted to
    the Congress but shall be transmitted to the Committee on Foreign Relations of the
    Senate and the Committee on Foreign Affairs of the House of Representatives under
    an appropriate injunction of secrecy to be removed only upon due notice from the
    President.

    (b) For purposes of subsection (a), the term "agreement" includes-(

    1) any agreement entered into between the Institute and the governing
    authorities on Taiwan or the instrumentality established by Taiwan; and

    (2) any agreement entered into between the Institute and an agency of the
    United States Government.

    (c) Agreements and transactions made or to be made by or through the Institute
    shall be subject to the same congressional notification, review, and approval
    requirements and procedures as if such agreements and transactions were made by or
    through the agency of the United States Government on behalf of which the Institute
    is acting.

    (d)19 * * * [Repealed--1983]

    19 Sec. 1011(a)(3) of the Department of State Authorization Act, fiscal years 1984 and
    1985 (P.L. 98-164; 97 Stat. 1061) repealed subsec. (d). Subsec. (D) had required a report
    from the Secretary of State to the Congress every 6 months until April 1981 regarding the
    economic relations between the United States and Taiwan.

    RULES AND REGULATIONS

    Sec. 13. 20 The President is authorized to prescribe such rules and regulations as
    he may deem appropriate to carry out the purposes of this Act. During the three-year
    period beginning on the effective date of this Act, such rules and regulations shall be
    transmitted promptly to the Speaker of the House of Representatives and to the
    Committee on Foreign Relations of the Senate. Such action shall not, however, relieve
    the Institute of the responsibilities placed upon it by this Act.

    20 22 U.S.C. 3312.

    CONGRESSIONAL OVERSIGHT

    Sec. 14. 21 (a) The Committee on International Relations of the House of
    Representatives,22 the Committee on Foreign Relations of the Senate, and other
    appropriate committees of the Congress shall monitor-

    21 22 U.S.C. 3313.

    22 Sec. 1(a)(5) of P.L. 104-14 (109 Stat. 186) stated that any reference to the
    "Committee on Foreign Affairs of the House of Representatives shall be treated as referring
    to the Committee on International Relations of the House of Representatives."

    (1) the implementation of the provisions of this Act;

    (2) the operation and procedures of the Institute;

    (3) the legal and technical aspects of the continuing relationship between
    the United States and Taiwan; and

    (4) the implementation of the policies of the United States concerning
    security and cooperation in East Asia.

    (b) Such committees shall report, as appropriate, to their respective Houses on
    the results of their monitoring.

    DEFINITIONS

    Sec. 15. 23 For purposes of this Act-

    23 22 U.S.C. 3314.

    (1) the term "laws of the United States" includes any statute, rule,
    regulation, ordinance, order, or judicial rule of decision of the United States or
    any political subdivision thereof; and

    (2) the term "Taiwan" includes, as the context may require, the islands of
    Taiwan and the Pescadores, the people on those islands, corporation and other
    entities and associations created or organized under the laws applied on those
    islands, and the governing authorities on Taiwan recognized by the United States
    as the Republic of China prior to January 1, 1979, and any successor governing
    authorities (including political subdivisions, agencies, and instrumentalities
    thereof).

    AUTHORIZATION OF APPROPRIATIONS

    Sec. 16. 24 In addition to funds otherwise available to carry out the provisions of
    this Act, there are authorized to be appropriated to the Secretary of State for the
    fiscal year 1980 such funds as may be necessary to carry out such provisions.25 Such
    funds are authorized to remain available until expended.

    24 22 U.S.C. 3315.

    25 The Department of State Appropriations Act, 1986 (title III of P.L. 99-180; 99 Stat.
    1150), provided $9,800,000 for necessary expenses to carry out this Act during FY1986. The
    Department of State Appropriations Act, 1987 (title III of P.L. 99-591; 100 Stat. 3341),
    provided $9,379,000 for FY1987. The Department of State Appropriations Act, 1988 (title
    III of P.L. 100-202; 101 Stat. 1329), provided $11,000,000 for FY1988. The Department
    of State Appropriations Act, 1989 (title III of P.L. 100-459; 102 Stat. 2205), provided
    $10,890,000 for FY1989. The Department of State Appropriations Act, 1990 (title III of P.L.
    101-162; 103 Stat. 1007), provided $11,300,000 for FY1990. The Department of State
    Appropriations Act, 1991 (title III of P.L. 101-515; 104 Stat. 2126), provided $11,752,000
    for FY1991. The Department of State and Related Agencies Appropriations Act, 1992 (title
    V of P.L. 102-140; 105 Stat. 818), provided $13,784,000 for FY1992. The Department of
    State and Related Agencies Appropriations Act, 1993 (title V of P.L. 102-395; 106 Stat.
    1866), provided $15,543,000 for FY1993. The Department of State and Related Agencies
    Appropriations Act, 1994 (title V of P.L. 103-121; 107 Stat. 1186), provided $15,165,000
    for FY1994. The Department of State and Related Agencies Appropriations Act, 1995 (title
    V of P.L. 103-317; 108 Stat. 1762), provided $15,465,000 for FY1995. At date of
    publication, the Department of State and related agencies are operating under a continuing
    resolution for FY1996.

    SEVERABILITY OF PROVISIONS

    Sec. 17. 26 If any provision of this Act or the application thereof to any person or
    circumstance is held invalid, the remainder of the Act and the application of such
    provision to any other person or circumstance shall not be affected thereby.

    26 22 U.S.C. 3316.

    EFFECTIVE DATE

    Sec. 18. This Act shall be effective as of January 1, 1979.

    _____________________________________________________________________________________

    The Joint U.S.-China Communiqué, Shanghai

    February 27, 1972

    President Richard Nixon of the United States of America visited the People's
    Republic of China at the invitation of Premier Chou En-lai of the People's Republic
    of China from February 21 to February 28, 1972. Accompanying the President were
    Mrs. Nixon, U.S. Secretary of State William Rogers, Assistant to the President Dr.
    Henry Kissinger, and other American officials.

    President Nixon met with Chairman Mao Tse-tung of the Communist Party of
    China on February 21. The two leaders had a serious and frank exchange of views
    on Sino-U.S. relations and world affairs.

    During the visit, extensive, earnest and frank discussions were held between
    President Nixon and Premier Chou En-lai on the normalization of relations between
    the United States of America and the People's Republic of China, as well as on other
    matters of interest to both sides. In addition, Secretary of State William Rogers and
    Foreign Minister Chi Peng-fei held talks in the same spirit.

    President Nixon and his party visited Peking and viewed cultural, industrial and
    agricultural sites, and they also toured Hangchow and Shanghai where, continuing
    discussions with Chinese leaders, they viewed similar places of interest.

    The leaders of the People's Republic of China and the United States of America
    found it beneficial to have this opportunity, after so many years without contact, to
    present candidly to one another their views on a variety of issues. They reviewed the
    international situation in which important changes and great upheavals are taking
    place and expounded their respective positions and attitudes.

    The U.S. side stated: Peace in Asia and peace in the world requires efforts both
    to reduce immediate tensions and to eliminate the basic causes of conflict. The United
    States will work for a just and secure peace: just, because it fulfills the aspirations of
    peoples and nations for freedom and progress; secure, because it removes the danger
    of foreign aggression. The United States supports individual freedom and social
    progress for all the peoples of the world, free of outside pressure or intervention. The
    United States believes that the effort to reduce tensions is served by improving
    communication between countries that through accident, miscalculation or
    misunderstanding. Countries should treat each other with mutual respect and be
    willing to compete peacefully, letting performance be the ultimate judge. No country
    should claim infallibility and each country should be prepared to reexamine its own
    attitudes for the common good. The United States stressed that the peoples of
    Indochina should be allowed to determine their destiny without outside intervention;
    its constant primary objective has been a negotiated solution; the eight-point proposal
    put forward by the Republic of Vietnam and the United States on January 27, 1972
    represents a basis for the attainment of that objective; in the absence of a negotiated
    settlement the United States envisages the ultimate withdrawal of all U.S. forces from
    the region consistent with the aim of self-determination for each country of Indochina.
    The United States will maintain its close ties with and support for the Republic of
    Korea; the United States will support efforts of the Republic of Korea to seek a
    relaxation of tension and increased communication in the Korean peninsula. The

    United States places the highest value on its friendly relations with Japan; it will
    continue to develop the existing close bonds. Consistent with the United Nations
    Security Council Resolution of December 21, 1971, the United States favors the
    continuation of the cease-fire between India and Pakistan and the withdrawal of all
    military forces to within their own territories and to their own sides of the cease-fire
    line in Jammu and Kashmir; the United States supports the right of the peoples of
    South Asia to shape their own future in peace, free of military threat, and without
    having the area become the subject of great power rivalry.

    The Chinese side stated: Wherever there is oppression, there is resistance.
    Countries want independence, nations want liberation and the people want
    revolution--this has become the irresistible trend of history. All nations, big or small,
    should be equal; big nations should not bully the small and strong nations should not
    bully the weak. China will never be a superpower and it opposes hegemony and
    power politics of any kind. The Chinese side stated that it firmly supports the
    struggles of all the oppressed people and nations for freedom and liberation and that
    the people of all countries have the right to choose their social systems according to
    their own wishes and the right to safeguard the independence, sovereignty and
    territorial integrity of their own countries and oppose foreign aggression, interference,
    control and subversion. All foreign troops should be withdrawn to their own
    countries.

    The Chinese side expressed its firm support to the peoples of Vietnam, Laos and
    Cambodia in their efforts for the attainment of their goal and its firm support to the
    seven-point proposal of the Provisional Revolutionary Government of the Republic
    of South Vietnam and the elaboration of February this year on the two key problems
    in the proposal, and to the Joint Declaration of the Summit Conference of the
    Indochinese Peoples. It firmly supports the eight-point program for the peaceful
    unification of Korea put forward by the Government of the Democratic People's
    Republic of Korea on April 12, 1971, and the stand for the abolition of the "U.N.
    Commission for the Unification and Rehabilitation of Korea." It firmly opposes the
    revival and outward expansion of Japanese militarism and firmly supports the
    Japanese people's desire to build an independent, democratic, peaceful and neutral
    Japan. It firmly maintains that India and Pakistan should, in accordance with the
    United Nations resolutions on the India-Pakistan question, immediately withdraw all
    their forces to their respective territories and to their own sides of the cease-fire line
    in Jammu and Kashmir and firmly supports the Pakistan Government and people in
    their struggle to preserve their independence and sovereignty and the people of
    Jammu and Kashmir in their struggle for the right of self-determination.

    There are essential differences between China and the United States in their
    social systems and foreign policies. However, the two sides agreed that countries,
    regardless of their social systems, should conduct their relations on the principles of
    respect for the sovereignty and territorial integrity of all states, non-aggression against
    other states, non-interference in the internal affairs of other states, equality and mutual
    benefit, and peaceful coexistence. International disputes should be settled on this
    basis, without resorting to the use or threat of force. The United States and the
    People's Republic of China are prepared to apply these principles to their mutual
    relations.

    With these principles of international relations in mind the two sides stated that:

    * progress toward the normalization of relations between China and the United
    States is in the interests of all countries;

    * both wish to reduce the danger of international military conflict;

    * neither should seek hegemony in the Asia-Pacific region and each is opposed
    to efforts by any other country or group of countries to establish such
    hegemony; and

    * neither is prepared to negotiate on behalf of any third party or to enter into
    agreements or understandings with the other directed at other states.

    Both sides are of the view that it would be against the interests of the peoples
    of the world for any major country to collude with another against other countries,
    or for major countries to divide up the world into spheres of interest.

    The two sides reviewed the long-standing serious disputes between China and
    the United States. The Chinese reaffirmed its position: The Taiwan question is the
    crucial question obstructing the normalization of relations between China and the
    United States; the Government of the People's Republic of China is the sole legal
    government of China; Taiwan is a province of China which has long been returned to
    the motherland; the liberation of Taiwan is China's internal affair in which no other
    country has the right to interfere; and all U.S. forces and military installations must
    be withdrawn from Taiwan. The Chinese Government firmly opposes any activities
    which aim at the creation of "one China, one Taiwan," "one China, two governments,"
    "two Chinas," and "independent Taiwan" or advocate that "the status of Taiwan
    remains to be determined."

    The U.S. side declared: The United States acknowledges that all Chinese on
    either side of the Taiwan Strait maintain there is but one China and that Taiwan is a
    part of China. The United States Government does not challenge that position. It
    reaffirms its interest in a peaceful settlement of the Taiwan question by the Chinese
    themselves. With this prospect in mind, it affirms the ultimate objective of the
    withdrawal of all U.S. forces and military installations from Taiwan. In the meantime,
    it will progressively reduce its forces and military installations on Taiwan as the
    tension in the area diminishes.

    The two sides agreed that it is desirable to broaden the understanding between
    the two peoples. To this end, they discussed specific areas in such fields as science,
    technology, culture, sports and journalism, in which people-to-people contacts and
    exchanges would be mutually beneficial. Each side undertakes to facilitate the further
    development of such contacts and exchanges.

    Both sides view bilateral trade as another area from which mutual benefit can be
    derived, and agreed that economic relations based on equality and mutual benefit are
    in the interest of the peoples of the two countries. They agree to facilitate the
    progressive development of trade between their two countries. The two sides agreed
    that they will stay in contact through various channels, including the sending of a
    senior U.S. representative to Peking from time to time for concrete consultations to
    further the normalization of relations between the two countries and continue to
    exchange views on issues of common interest.

    The two sides expressed the hope that the gains achieved during this visit would
    open up new prospects for the relations between the two countries. They believe that
    the normalization of relations between the two countries is not only in the interest of
    the Chinese and American peoples but also contributes to the relaxation of tension in
    Asia and the world.

    President Nixon, Mrs. Nixon and the American party expressed their
    appreciation for the gracious hospitality shown them by the Government and people
    of the People's Republic of China.

    _____________________________________________________________________________________

    Joint Communiqué on the Establishment of Diplomatic
    RelationsBetween the United States of America
    and the People's Republic of China

    January 1, 1979

    (The communiqué was released on December 15, 1978, in Washington and
    Peking.)

    The United States of America and the People's Republic of China have agreed
    to recognize each other and to establish diplomatic relations as of January 1, 1979.

    The United States of America recognizes the Government of the People's
    Republic of China as the sole legal Government of China. Within this context, the
    people of the United States will maintain cultural, commercial, and other unofficial
    relations with the people of Taiwan.

    The United States of America and the People's Republic of China reaffirm the
    principles agreed on by the two sides in the Shanghai Communiqué and emphasize
    once again that:

    * Both wish to reduce the danger of international military conflict.

    * Neither should seek hegemony in the Asia-Pacific region or in any other region
    of the world and each is opposed to efforts by any other country or group of
    countries to establish such hegemony.

    * Neither is prepared to negotiate on behalf of any third party or to enter into
    agreements or understandings with the other directed at other states.

    * The Government of the United States of America acknowledges the Chinese
    position that there is but one China and Taiwan is part of China.

    * Both believe that normalization of Sino-American relations is not only in the
    interest of the Chinese and American peoples but also contributes to the cause
    of peace in Asia and the world.

    The United States of America and the People's Republic of China will exchange
    Ambassadors and establish Embassies on March 1, 1979.

    _____________________________________________________________________________________

    U.S.-PRC Joint Communiqué

    August 17, 1982

    1. In the Joint Communiqué on the Establishment of Diplomatic Relations on
    January 1, 1979, issued by the Government of the United States of America and
    the Government of the People's Republic of China, the United States of America
    recognized the Government of the People's Republic of China as the sole legal
    government of China, and it acknowledged the Chinese position that there is but
    one China and Taiwan is part of China. Within that context, the two sides agreed
    that the people of the United States would continue to maintain cultural,
    commercial, and other unofficial relations with the people of Taiwan. On this
    basis, relations between the United States and China were normalized.

    2. The question of United States arms sales to Taiwan was not settled in the course
    of negotiations between the two countries on establishing diplomatic relations.
    The two sides held differing positions, and the Chinese side stated that it would
    raise the issue again following normalization. Recognizing that this issue would
    seriously hamper the development of United States-China relations, they have
    held further discussions on it, during and since the meetings between President
    Ronald Reagan and Premier Zhao Ziyang and between Secretary of State
    Alexander M. Haig, Jr., and Vice Premier and Foreign Minister Huang Hua in
    October 1981.

    3. Respect for each other's sovereignty and territorial integrity and non-interference
    each other's internal affairs constitute the fundamental principles guiding United
    States-China relations. These principles were confirmed in the Shanghai
    Communiqué of February 28, 1972 and reaffirmed in the Joint Communiqué on
    the Establishment of Diplomatic Relations which came into effect on January 1,
    1973. Both sides emphatically state that these principles continue to govern all
    aspects of their relations.

    4. The Chinese government reiterates that the question of Taiwan is China's internal
    affair. The Message to the Compatriots in Taiwan issued by China on January
    1, 1979, promulgated a fundamental policy of striving for Peaceful reunification
    of the Motherland. The Nine-Point Proposal put forward by China on
    September 30, 1981 represented a further major effort under this fundamental
    policy to strive for a peaceful solution to the Taiwan question.

    5. The United States Government attaches great importance to its relations with
    China, and reiterates that it has no intention of infringing on Chinese sovereignty
    and territorial integrity, or interfering in China's internal affairs, or pursuing a
    policy of "two Chinas" or "one China, one Taiwan." The United States
    Government understands and appreciates the Chinese policy of striving for a
    peaceful resolution of the Taiwan question as indicated in China's Message to
    Compatriots in Taiwan issued on January 1, 1979 and the Nine-Point Proposal
    put forward by China on September 30, 1981. The new situation which has
    emerged with regard to the Taiwan question also provides favorable conditions
    for the settlement of United States-China differences over the question of United
    States arms sales to Taiwan.

    6. Having in mind the foregoing statements of both sides, the United States
    Government states that it does not seek to carry out a long-term policy of arms
    sales to Taiwan, that its arms sales to Taiwan will not exceed, either in
    qualitative or in quantitative terms, the level of those supplied in recent years
    since the establishment of diplomatic relations between the United States and
    China, and that it intends to reduce gradually its sales of arms to Taiwan, leading
    over a period of time to a final resolution. In so stating, the United States
    acknowledges China's consistent position regarding the thorough settlement of
    this issue.

    7. In order to bring about, over a period of time, a final settlement of the question
    of United States arms sales to Taiwan, which is an issue rooted in history, the
    two governments will make every effort to adopt measures and create conditions
    conducive to the thorough settlement of this issue.

    8. The development of United States-China relations is not only in the interest of
    the two peoples but also conducive to peace and stability in the world. The two
    sides are determined, on the principle of equality and mutual benefit, to
    strengthen their ties to the economic, cultural, educational, scientific,
    technological and other fields and make strong, joint efforts for the continued
    development of relations between the governments and peoples of the United
    States and China.

    9. In order to bring about the healthy development of United States China relations,
    maintain world peace and oppose aggression and expansion, the two
    governments reaffirm the principles agreed on by the two sides in the Shanghai
    Communiqué and the Joint Communiqué on the Establishment of Diplomatic
    Relations. The two sides will maintain contact and hold appropriate
    consultations on bilateral and international issues of common interest.

    _____________________________________________________________________________________

    The "Six Assurances" to Taiwan

    In 1982, during negotiations for the 3 U.S.-China Communique on Arms Sales
    to Taiwan, the Taiwan government presented the United States with six points that
    it proposed the United States use as guidelines in conducting U.S.-Taiwan relations.
    According to former Ambassador John Holdridge, the United States agreed to these
    points, conveyed this assent to Taiwan, and, in late July 1982, informed Congress of
    the agreement. The six points are:

    1. The United States would not set a date for termination of arms sales to Taiwan.

    2. The United States would not alter the terms of the Taiwan Relations Act.

    3. The United States would not consult with China in advance before making
    decisions about U.S. arms sales to Taiwan.

    4. The United States would not mediate between Taiwan and China.

    5. The United States would not alter is position about the sovereignty of Taiwan
    — which was, that the question was one to be decided peacefully by the Chinese
    themselves — and would not pressure Taiwan to enter into negotiations with
    China.

    6. The United States would not formally recognize Chinese sovereignty over
    Taiwan.

    _________________________________________________________________________________